8.1.2022 Conservation Commission

uh welcome to the fall river conservation commission meeting being held at uh public hearing on monday august 1st 2022 5 30 in the first floor hearing room one government center fall river to consider the follow petitions listed pursuant to the open meeting roles any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised that

such recordings or transmissions are being made whether perceived or unperceived by those present are deemed acknowledged and permissible uh can we start with roll call we'll start at your end chris boyle here john parent jim cusick paul admiral james winsby and we're missing um uh uh vic uh lewis lewis lewis prayer yeah and we also have in attendance tonight uh dan aggier conservation agent nina pavo recording clerk

and from forward tv we have gary lett uh first old business is notice of intent sc-24-803 uh owner appleton is blunt uh real royalty llc blunt fine seafoods project location is 630 current road assistance map is d-21-0006 filed by a level design group on behalf of applicants the applicant proposes construct an additional 19 100 square feet of manufacturing additional and 4.65 square feet addition

to an existing warehouse office facility and parking area this was tabled from july 11 2022 meeting they asked tonight that the motion be tabled but before we make a motion of the table i do want to uh read uh from uh tom claren sent us a letter uh to mr agrar today um i didn't receive several emails sent earlier today this afternoon with regards to the work ongoing at the site if it is not already

ceased it will cease immediately per our directive we will also forward hard copies of the revised plans to you tomorrow for our discussion on compliance with these two requirements will prevent an enforcement action thank you however if i am correct and then or something else is needed worth forthwith please advise and he apologized for the disconnect on this project and hopefully we can start

to move this forward in the right direction um so we're going to have a motion table to still move september oops sorry september 12th motion uh second okay roll call vote hi hi hi hi hi and uh would you probably put a motion to cease and decision you can um if you're not comfortable with attorney claren's letter i don't i don't have a problem with anybody i think as being a board we should put a

uh motion to uh cease and desist order i move to issue a cease and desist order i second that okay what is that about that means it can't do any further work until they get the right permits right okay so we're stopping the project from forwarding go forward yeah this is the blow yes and they didn't get here tonight because i mean i heard the the well there's a few things they don't

have site approval they don't have permits they already started clearing so we don't have where the wetlands are and they also have outstanding conditions so that's why we're putting a seasoned assist mr chairman i might be able to add so back in may i started working with the consultant and we i had given him some initial review of the plan set and where this project sat so over the last few months they have

been working on dotting some eyes crossing some tvs trying to address all of the concerns that i brought they have not completed that to date they're telling me that it is done now and that it will be submitted tomorrow to us i can't say that that will be complete and they will have addressed my concerns um however you haven't even had the opportunity to hear this matter so you're going to have your own concerns

i was expecting what we what we were able to find out also was that the ad the applicant had not advertised in the herald news so they will be advertising i think from what i can gather at the september meeting we should have something that we can all look at you can all hear a presentation and hopefully a lot of the items will be cleaned up so you're looking at probably

the best they can present to you then you can start with that and give it your review and your comments what what's happened is the the site contractor again as things get delayed took it upon himself apparently to go do some clearing in the area that's being permitted it was an area pretty much already with some type of activity taking place they do have erosion control up but they should not

be working without permits that's just yeah that's okay that's the first thing you'll learn thank you move the question okay so can i have a motion to uh put a cease and desist you did i just moved to ask to vote yeah should we have a second all right i'll second it okay we'll call vote hi hi hi all right moving on to new business uh request for certificate of compliance se-24-750 owner applicant paul furland

uh 303 rplc project locations 303 bridgeley ray assessor map is y dash 06-0 4-1 wow by paul furling request specifically compliance and all work regulated by order of conditions has been satisfied completely you should also have in your package a letter from the design engineer stating that work has been done in accordance with the with the order of conditions as well okay so can i have a motion to um i'll make a

motion to grant the certificate of compliance okay second all right vote hi hi hi hi all right next on the list is a request for determination of acceptability owner applicants paul ferlin administrator of community utilities project location is atlantic boulevard assessor's map is a-15-0056 and 8-15-0071 filed by santa consulting service inc on behalf of applicant applicant requesting

interpretation of the possibility of whether the worker defeated a plan is subject to wetland protection act whether the area and or work defeated on the plan is subject to juror addition of any invisible wetland ordinance by war by bylaws of fall river uh they did not advertise for this one so i asked for uh most of the table motion at the table hi hi hi okay next is a request for certificate of compliance

se-24-768 owner applicants highland farms development two llc 48 brookfield terrance uh census map is u-04-0062 filed by highland farms development two llc applicant requested certificate of compliance at the time of inspection all work regulated by the order condition has been satisfactory completed right now we have no grass growth and no resource area signage any discussion and i think we discussed

this at an earlier meeting is this the one where the pool is actually in next lot next next level these these people have come in and they're going through the process of applying for their pool okay um so they were not giving a building permit um the next lot is the one that there was a pool actually constructed it's in the buffer zone for sure okay so on these lots when they went through permitting

the back lots and the grading for most of these lots was pretty much to the extent of the upland area i mean it was almost right up to maybe five or ten feet off of the wetland area so there is they are working within an area that has been altered however they still need to apply for whatever pool or anything that they want to put because again you may feel that

15 feet away from the wetland is too close to a pool where if they have room to be 50 then then that's the directive you give them the next lot um and we'll deal with that one separately they put in a pool with no permits so on this one we should uh deny a uh or table table yeah you can use a paper table until they uh so we'll table uh

can i have a motion table so motion to table okay roll call vote aye all right second second second hi hi okay next is a request certificate of compliance se-24-768 owner applications highland farms development 2 llc project location is 48 brookfield terrance sessions map is u-04-0 filed by highland farm development 2 llc application requested a compliance at the time of inspection all work

regulated by order conditions has been satisfactory completed and this one still has uh no grass growth uh no resource area signage and no pool permit any discussion i'll make a motion to table this one as well okay second to table second we'll call vote i i yes uh what we'll do is we'll send correspondence to the applicants that okay you know that their certificates were the items were tabled and that the

uh the pool needs to be permitted prior to the request of the final certificate of compliance they they might you may be able to amend the original order conditions to include the pool um if it is the probably if it's the same applicant um we'll have to we'll figure that out it may require a separate filing for the port itself but all right i'll alert them to what they'll put their rights on

then uh next is a request for certificate compliance se-24 it happens seven six nine over afghanistan farms development two llc project location is 30 brookfield terrance let's sit down we just did that one that's what you did you did that one yeah that was a question is it does it show up twice on the agenda no it's it's it can take continues over item four oh from one four okay yeah good all righty skip that

i think what you did is the second time you read the assessors map i think you reread the first one twice you said 0 0 62 instead of 0 6 instead of 63 for the second one for 30 brookfield terrace so i think that's what happened when you entered it in there okay all right so we'll move on to uh notice of intent owner applicants fall river redevelopment authority uh slash vmd company llc

project location innovation way census map is w-19-01 followed by vmg company llc on behalf of applicant african on purpose constructing multiple warehouse parking and loading facilities how we doing tonight good evening mr chairman member of the commission uh my name is brian dunn i'm a principal with mdl land development and permitting with offices at five bristle drive in southeastern mass

here on behalf of bmd and the fall river redevelopment authority next to me is tim mcguire from goddard associates who delineated the wetlands that are shown on our plans which he previously approved earlier this year and he's been working with natural heritage in the misa application that is associated with this project and kyle rainer just arrived he's behind me from bmd he'll be here to answer any

questions you may have about the project so we have in front of you mr chandler members of the commission not one but two but three buildings in the city of fall river the other one is in freetown which we've already filed our site plan approval in front of the planning board and conservation filing notice of intent in that town as well for building number four so you have for building number three so you have

one two and four in front of you which are roughly around you know 280 to 300 000 square foot buildings with uh you know really a buffer zone project we're keeping 25 feet outside the wetland area in the conservation restriction as a commission may be aware of there's a you know pretty much a 52 acre plus or minus conservation restriction associated with these lots on the innovation way that was agreed upon

uh you know during the meepa process uh when these lots were created and the subdivision was created a few years ago so we're as part of this project we're honoring that conservation restriction we're not altering that conservation restriction and the project in front of you with the three buildings in the city of fall river does not alter any wetlands like i said this is a buffer zone project

we've done our best to try to meet all of the standards of the covenant that's associated with this project one of the one of the issues is the 90 tss removal that's required as part of the stormwater drainage system that we've designed we've met that as part of the covenant with the number of water quality structures throughout the throughout the three sites in the city of fall river

part of the drainage design is some of its fire retention some of its underground storage and infiltration uh for water quality and for recharging some of the roof uh to uh to meet the standards to take the 10 standard of the madep so i think that we've done you know a pretty good job of of trying to present what the owners are looking for to develop this property be cognizant of the stormwater issues

the wetland issues and also the habitat that is around us you know we're seeking an order of conditions i know that your agent and the city engineer is here and probably has have some comments in regards to what we've presented i know he's previously commented on the plans as as they relate to the covenant issues um so we're here to answer any questions you might have and try to and try to answer them as

best as we can mr chairman okay thank you so on the 61 acres you're only using 10 acres of it right so you said no so there's actually 52 acres of the the total area wrote that down i think 52 is just the restricted error that's restricted it's 120 total area of the lots are 120 acres okay so of that 120 acres 52 of them would be so cannot be touched ever all right

i think i think the public would like to hear that so the saving the 52 right so i think that you know tim is here to talk about what you know why why we're saving it what he's about to start doing with his staff and doing the turtle sweeps that are required through through that visa process so we're we're on board to you know do two things one develop the land however be sensitive to the storm

water issues be sensitive to the wetland issues that are that are around the property and also make sure that the critters are also protected with that restricted area of 52 acres i appreciate that does the board have any questions i can just add a little bit to it so understand this is this is a big project to look at and as the applicant stated the redevelopment authority has a higher

standard of drainage design than the wetlands protection act does so if we review the project and it meets the requirements of the redevelopment authority it will easily meet the requirements of the stormwater management guidelines that the wetlands protection act has initiated so we are in the process of chewing through these plants and i was saying to mr boyle a few minutes ago when you look at a 24 by 36

sheet of paper you look at it for a single family house sometimes and you don't get a full understanding of same size piece of paper same size colored drawing but you really don't get the understanding of how what a massive area this is with the conservation restriction with the amount of land that even outside of the restricted area is is technically not being developed it's still going to be green space and

you look at the overall footprint of what's happening out here for construction purposes um it's pretty well done i know we've had a couple of questions regarding parking spaces and and loading so a lot of that gets driven by the redevelopment authority's regulations and of course you can all ask whatever questions you have for yourself but in their regulations they they require that parking be located in

a certain location for visitors and employees that trailer parking is is hidden behind the building so they're handcuffed a little bit with trying to minimize their footprint by needing to meet those requirements those are coveted covenanted restrictions recorded at the registry of deeds that apply to this piece of land so when you're baking a cake you have different directions so imagine trying

to bake a cake and make frosting and put it inside the cake and you've got a bunch of moving parts that you've got to contend with so from what i've seen initially they've done a very nice job of doing that when you look at the storm water and and please do and if you want me to one-on-one go through the stormwater design with you not in a public hearing it takes a while

but this is a project that has a learning experience this is this is a massive undertaking for stormwater management and i can tell that at least it appears that there have been no corners cut but i will review it completely to make sure all the numbers work and we don't have any increase in storm water flows to the resource area which is really your concern do the owners of these buildings do they

know how many people are going to work within each building because i'm a little concerned because looking at the site plans i noticed that the minimum parking is around 40 something spots and you guys are asking for 180 to over 200 parking sparks not for the trails just regular parking so do you foresee that parking lot be in full at all times or i mean i'm just a little concerned that maybe some of those

um some of those areas in the parking lot um should be you know bigger landscape islands uh maybe uh i know there's a lot of impervious surface on there and uh we're already changing i appreciate the fact that we have 52 um acres that are going to be protected but we're changing the habitat um substantially by doing some of this stuff and um yeah so i just wanted to know what the

thought is as far as those uh spaces being needed sure kyle rainer with bmd um we would love to build fewer spaces as well uh the rule of thumb is one for 1 000 square feet one parking space for one house right industrial building in the event that we could just speak a little speaking of this kind of i couldn't hear you i i said it's in our interest to build

fewer spaces you know we only want to build uh spaces that are going to be used um so the generally the rule of thumb in industrial commercial buildings uh warehousing manufacturing is one parking space for one thousand so if we have a tenant that may not utilize all the parking spaces we might dial those back certainly say they were working in shifts you know weren't all there at the same time however

we don't have a tenant identified for any of the buildings we just are about to kick off a marketing plan uh here in the next two weeks so as we work through that process we may be coming back for fewer parking spaces so you might you might potentially adjust that there's the reason i asked this is because i drive by amazon i know they have a huge parking lot and most of

the time i never see it completely full so i'm just my concern is that you're putting all this asphalt in there you know it's creating a huge heat island essentially right we're destroying some of the habitat they appreciate the 52 acres but i mean i for me i think that it's going a little beyond what is necessary for parking spaces because i don't see a warehouse having 300 or 240

people working and parked there at all times because like you said i'm sure there's going to be first shift second shift on all of that so so i don't pay as a developer for any more parking spaces than i need to right so i think that as we work through the end users we will certainly take them into consideration some of these may not be distribution users some of it may be

manufacturing that has a higher office count so maybe they will utilize all of those in terms of the heat island effect um other development aspects that we're pursuing uh you know it's going to be certified as required under the um the covenants um we will have uh it's over 90 solar reflectivity on the roof we every bit we are 95 certain that we're going to put solar on every single building so we are doing

everything we can to reduce those types of impacts so another thing too that i would like to ask as far as the canopy that's there i know that there is a landscaping plant in place so how many trees are being planted um you know around those buildings we did do a landscaping plan i don't have an exact account i can count them if you'd like well i mean i just needed something you know approximate

i mean i think in our i hope it'll be yeah they'll be native drop resistant plants that help relieve some of that heat i don't know that that's my concern with the heat effect that there's enough canopy there and you know if you wanted that right here c20 just but there's plenty quite a few trees does the colored rendering i mean i can see that it at least shows where the islands are green

yes yes is it just representative trees or are those things right so we chose like red maples it tells you what to go yeah we chose red maple sugar maples some boxwoods some emerald avrovites and some dwarf red twig bushes so we planted the i mean you can see on c12 0.3 120 12 1 and 12 2 and 12 3 you can see the detailed landscaping plan if you would

like i don't know if you have 11 by 17 plans c12 c12 12 1 12.0 and so all the way so 12 12 1 2 and 3. yeah that has so each building you can see that we've planted the the front of the build with the front of the right-of-way on innovation way with uh red maples and the the other maple tree the sugar maple so it goes it alternates so those are all shade trees

that will be along uh the front of innovation way so some of the other developments even like the gas station across the street doesn't have that type of canopy um in the front of their building so this will have you know natural trees back in there that will grow to be pretty large to you know 30 feet 40 feet tall you know over 20 or 30 year period we've planted the the most of the islands we

have bioin the bioinfiltration area to the left of of building one that's also planted we've got the green uh abravades on the left hand side uh where's you know where the wall is not being there but there's also trees on that side of that property line so we've tried to you know create a an area of of landscaping and also tree and also grass for some of the employees to be able to

to go out sit picnick it during lunch if they needed to so we're trying to you know put all of that stuff together so we also put snow areas on on the plans so we're anticipating where snow storage would be uh and making sure we have enough room for that as well so we i don't think that we went light on the trees above 54 just in building one

if i can ask a question um so you're working through mesa now dealing with the turtle stuff when do you anticipate that being completed so we're about to submit the conservation management permit to natural heritage necessitated based on the pending take of the rare species that we anticipate the division issuing us we're about as i said we're about to submit our first round of comments to

them we don't anticipate it taking much more than a month or two we have the goal of getting turtle protection measures in place prior to october 15th that's kind of the pinch point for this specific species because they overwinter underground and therefore until sweeps are performed and any individuals quantities as required are removed from the limit of work no work would be able to start until

um april 15th when they come out so i apologize if they're if they're in the plant set have they required you to implement any turtle fencing walls any uh habitat areas and over the past i've had to design you know acres of sand piles adjacent to twig files so there were nesting areas and so are you in that process or i just i want to make sure that what's on these permitted drawings is what's

being constructed so if there's something that they want to be included in the construction it should be on this approved set um as we move forward if possible yes so so it may not work so in regarding the nesting areas that you're referencing those are generally required and conditioned by the division when nesting habitat in particular is being impacted the entirety of the site is just mixed um

deciduous coniferous upland there's its majority migrating estimating overwintering habitat there's no breeding habitat on site there's no exposed sandy slopes so for that reason the division hasn't required that per se they are requiring um or they will be we haven't got the official letter from them but they will be requiring a turtle fence to be put around the entirety of the limit of work um it's going to

result in something like my team going out for 144 hours on this site to search for turtles and physically remove anybody out there so we're going to become extremely familiar with the site in that time frame as well as hopefully getting all of the turtles out but there's no there will be no constructed features natural heritage is ex has accepted the turtle protection plan the conservation restriction and uh

financial contribution to the nature conservancy's eastern box turtle mitigation plan as sufficient mitigation regarding 321 cmr 10.

well we've had issues not necessarily in the city but in the past that the total fencing becomes a location which where trash and refuge gets gets built up is there something in your operation and maintenance plan to to handle that area if you drive out there now you'll believe it or not there's nothing along that stretch but it's amazing the amount of trash that just shows up you know

along the edges of the road so we don't want to see a site enclosed with turtle fence that's laden with with breakfast yeah i think i think i don't think that we'd be opposed to a condition of of you know during construction a weekly type of walk around and make sure that the trash is picked up and removed from the site and we we see that in other municipalities as well so inside

yeah we could also put that in the slip as well yeah and as well as the swip reports that will be required there is a requirement under the turtle protection plan for monthly inspections just where i'll go and check during the active season from april to october just to make sure there's no holes so nobody can get in nobody can get out so with that you know i can we can discuss with the

applicant any additional strategies for mitigating trash out there right and that'll be part of our you know our epa swipe that we have to file as well with dnd to go out there at least once a week or before and after the rainstorms so um with the existing the 52 wetlands within the 52 acres right so we can assume those are down gradient from the project correct obviously because of the wetland

and you've got a whole lot of impervious surface with the four buildings my concern is um you've got so you've got underground storage that you will percolate back in to the ground correct we talked about underground storage infrastructure and then surface overflows though too yeah at all close and surface storm water retention ponds things like that my concern is that with will there be any disruption of water

recharge to the wetland area so in other words we so you've got a wetland area out there right so now we're taking we're taking adding a ton of impervious surface up gradient from the wetland so the water that normally would be migrating towards that wetland where is it going to go now with your with your stormwater plan that you have so if it's a wetland we don't want to cut off its water

source do you know what i'm saying yeah i understood so as part of our design and your agent your city engineer will will go along with this we have to make sure that when we do the drainage design we're controlling the runoff per each cycle so when we control that runoff whatever is there going there now will continue to go there now we try to reduce it to to to minimize the reduction just under

what is the pre-development type of drainage that's going to the wetlands area so we're not saying okay we've got i don't know 10 cfs going to the wetlands dial but now in the post development we got one so we're not trying we're not trying to reduce that that flow we're trying to match the flows as best as we can so if we had vertical pools out there which we don't

then we would have to make sure the same amount of volume of water that's going to that vernal pool is met in the post development but we don't have that issue here but we're still trying to mimic the existing editions as it relates to the storm water going to the wetlands recharging the groundwater and also recharging the wildlings at the same time what you'll see often in a lot of

municipalities we're just talking about wetlands bylaws some municipalities have a foolish idea of requiring a reduction in peak runoff or even peak volume to a wetland now that flies in the face directly of what chris just brought up because you don't want to decrease the amount of water that that's feeding this wetland system that's how the wetland thrives it costs more money to reduce

the peaks from pre to post development so one they clearly don't want to decrease the amount of water if they if they decreased it then they're spending too much money on drainage and the applicant wouldn't be happy with the design so what you try to do is get it as close to existing by law it has to be less but again that's peak rate that's not total volume of water that's making it

to the wetland that's just you slow it down just enough so that the peaks offset and maybe flatten out so it's a little bit more consistent rather than seeing you know instead of this big bell curve you see a wider flatter bell curve it's the same amount of water that that's getting there whether it's through overflow or whether it's through groundwater recharge it's all ultimately

going to feed that welding system i just want to be sure we as closely as possible we don't alter the hydraulics of the wetland area and that is and it's a very comprehensive plan my concern obviously you've got direct parking lot runoff being piped into a wetland area which is not a good thing so i'm assuming any any of that water that surface runoff that's reintroduced to the wetland will have flowed through

some either we've got we introduced the volcanization of cds uh water quality structures uh we've got underground systems we've got act raid systems we've got buyer retention systems so we've got a mix of small things to help do exactly what you're what you're talking about probably i mean unlike what you've probably seen again the redevelopment authority has a standard of the type the

total suspended solids removal at 90 percent the wetlands protection act is 80 it's very difficult to get to 90 you're actually throwing money wastefully because it's almost you can't you can't just get the extra 10 cheaply you've got to basically double your efforts so it's they've had to meet that requirement and the redevelopment authority won't fall back down like that so yes any any

stormwater that hits a surface will be treated prior to either infiltration or discharge right no it's it's a very comprehensive plan with various treatment modalities so i'm fine i just wanted to be sure i want a public record through the chair mr chairman there's at least 20 to 24 water quality structures through these three sites okay or four sites so and one is in free time we also

have vegetated filter strips um and piston diagram diaphragm areas as well to help out with the storm water so we've we've kind of mixed a whole bunch of different ideas that are in the dep stormwater rules and regulations into the site we just didn't pick one thing and you know your agent and your city engineer is absolutely right it's very difficult to get to 90 and it's there's a few towns that we've

done it in we've we've done it in tyngsboro massachusetts uh where we did a very very large site kind of like this for 400 parking spaces for a church so we were able to meet that 90 percent with this same type of water quality structures and a multitude of different types of drainage design to get to that point so i think that what we put in front of you in in the city is

our best best foot forwarder and to to make sure that we meet all of these standards so that we can obtain an order of conditions from this commission does the board have any other questions yeah i just had a call you talked about you know going back to your turtles you were talking about the eastern box turtles that's correct are there any other things that you're looking out for there besides the eastern box turtle

so when projects are occur within estimated or priority habitat it's the due diligence of the applicant of a project to reach out to the division of fish and wildlife to first of all confirm what species are out there and then go through the process of the cmp that we were discussing earlier so in reaching out to the division they've only indicated that the sites mapped for eastern box turtles they previously

weren't but they update their maps every four years in august of 2021 they just started mapping the site as eastern box turtle habitat so this is what triggers the whole review with misa the mass endangered species act but there's nothing else no just box turtles okay well i'm on the states list you may find some on the states list i'm sure there's other critters but i do have gifts yeah

actually i have a follow-up on that you're are you technically exactly adjacent to the buyer reserve i think you are the bio are you referring to the the state forest yeah yes yes that that borders us to the east right so that in effect um this is part of the 300 acres that was reserved for this kind of business activity when the fire reserve was created i think that that's correct yeah this means that

and currently the land is vacant meaning it meaning there's no construction on it because otherwise it wouldn't be here if it were filled up and you wisely have talked about reserving the not even touching the 52 52 acres now the 52 acres see i couldn't really tell no signs out there that says this is reserved land and this is where we're going to build it's it's kind of a tough site to get this material and then

go hiking uh is it is the reserved area adjacent to the bioreserve is what i'm asking yes it's connected and uh for what it's worth natural heritage always requires signs and monumentation to be put in place in the field for those to demarcate the bounds of a conservation restriction what i was referring to is referring the fact that you don't have any signs out there now um and i just think this gives you a very

special um this gives anyone who who has developed you have a special responsibility that's what i'm saying because you that previously that 300 acres was in effect part of it was a neighbor to the buyer reserve now it's going to now 200 and i can't do the math but whatever minus 52 is going to get built on except you're not going to build on all of it and um reverend you could as a condition

of approval and depending upon where that where the permits go but you could make it very high on your priority of special conditions that the conservation restriction monumentation and signage gets puts up prior to the style of construction if misa doesn't require that themselves which they may but you could make that high on your list as a condition that that signage would be put in place prior to one one

tree being cut we don't want any mistakes here um so you can actually go out there and see their flagging the wetlands line is flagged which is pretty much the same shape as the concentration 52 acres is it roughly is is here right okay in the the state forest to here yeah yeah and i'm using the very firm bioreserve rather than state forest speaker but it's the same it's the same idea yeah it's the same

land it's just simply a name for the combine right when i use the word bioreserve and yeah i would like to make sure that they don't uh would like to put that signage up before they before any anything has moved around out there yeah thank you remember that when we get to that point and we're not there tonight no no no hopefully soon conditions though okay i don't think we're going to vote on it

tonight on the sense of approval or disapproval and the other thing if i made mr chairman the before any tree clearing can be done you know we have to go out there and stake out the erosion control have it installed normally we certified that it's been installed uh and i think with tim's office do they have to put up turtle fence put all those things in place and then have somebody come out and take

a look at it make sure it's in the right place um and then and then say okay to the tree clearing right so i may have just given you four conditions so you don't have any i'll kill the other question i had we just saw it you don't have any uh archaeology stuff have you looked at that at all i think that well we weren't part of it but i know through the me through the

chair mr chairman uh through the meepa process that was uh i'm sure that it was explored i did not hear any result of that through our amendment through meepa so yeah i don't understand that that's original i don't understand that through the meepa process in order you know when you're developing this this amount of land and you're up you're up against the state highway and at the original uh part of this project the

state highway interchange was was part of this project so when you have a project that trips uh state permitting at any level say we needed a water quality certification or if we need some type of state action we have to file with the secretary of environmental affairs which is a you know a huge huge process so there's usually a draft there's usually an enf or an expanded enf a draft eir and a

final eir and this has gone through that process of all of those those steps and you filed and you went through the process i i my firm did not go through the original process but our firm went through the amendment process with with the secretary's office so we we did that as part of this process and i'm sure that the conservation commission would have been notified of of all of those

ongoing things that we did as part of that so that's one of the reasons why the people was that meepo was involved in an early stage i'm sorry massachusetts environmental protection what act agency act so so mr just as clarification the meepa process warrants an environmental notification form which isn't a permit in itself more the state's way of making sure everybody all the state agencies are notified all

of the archaeological people the historical commissions uh fish and wildlife the local commission so it's a it's a big notification that goes out to all this would have been oh not mipa no i wish i hate these initials i'm sorry i speak i also been speaking spanish most of the day okay and that explains that's perfect so the redevelopment authority and the state went through this process and that

creates a framework of how the entire area gets developed then when the applicant comes in and wants to do something specific they go back and ask for a a project change to address specifically what they want to do if i wanted to inquire about the about evaluation of archaeological aspects i would it would have been it would have been reviewed in that document and that i want to say there's 23 agencies that

get notified including tribal areas and i'm pretty sure they're they're still on the list i think it was 23. it's my understanding that that the archaeological study was done many many years ago when the entire innovation way and all of that was conceived there was some controversy at the time but they found that there was no there was there was no areas of archaeological significance out there and that went

back and forth so it it was it was uh it was reviewed very carefully there was a there were some folks that thought they disagreed with that right finding right but uh which i think was the stop and shop area i think that was the biggest well the whole area you see you can't it's very hard to obviously the indigenous peoples traveled through that area i mean they travel through most of

what is now fall river for that matter and we just have to be be careful and this is a whole area and you're close to a traditional trail that goes from fall river to taunton or used to yeah it's called 24.

well right well actually 24 actually is part of the uh the trail i mean it probably was yeah every every possible state agency that could have a comment gets notified during that yeah i know i just uh we can't do everybody else's jobs for them right and i'm sure if i ran through the chat we wouldn't be at this stage of the game if there was an issue we wouldn't have been passed through the

secretary's office if there was an issue of you know archaeological type of uh issues right okay do we have uh that's it for me yeah that's it for me i don't have any questions okay so did you have a no i just wanted to look at your plans oh okay was there any other comments from that public comment good evening mr chairman my name is suzanne eleventh could you say your

address too i'm sorry your address i'm an attorney do you need my personal address that would be nice yeah okay um residential or business address well i guess business is fine 30 federal street boston okay i am an attorney at the firm parker snow in hahn and my firm and i are proud to represent hutchins holdings in this manner and hudson's holdings is in a butter and a limited objector to the vmd project i am

joined here tonight by jay hutchins who is a manager of hutchins holdings as you may know hutchins holding is an affiliate of raw seafoods ice cube llc and ice cubes logistics all based in fall river and employing employees in the fall river and surrounding areas while hutchins holding does not object to this project in its entirety it does object vehemently to plans as submitted particularly with this

sighting of building number one in fact hutchins holding filed a lawsuit today in bristol county superior court in order to determine the rights that um hutchins has in regards to the lot that is being utilized that abuts hutchins existing law as you all know hutchins holdings purchased a lot at innovation way in 2020 and that lot is currently being developed at the time that that was

purchased hudson's holding was also provided a right of first refusal for the abutting lot which is currently on the plans shown as citing the majority of building number one as the plans reflect one of those buildings abuts the current hutchins holdings lot for which hudson's holdings had a rover in july of 2021 the fra and vmd reached an agreement as to material terms concerning the purchase

of that lot that is subject to hutchins roafer that at that time the material terms that were reached were not shared with hutchins holding they were not conveyed and the roofer was not honored in that way hutchins happened to stumble across an internet posting stating that this property was under contract in january of this year at that time hutchins submitted a notice of default to the fra

informing the fra that its rights had been violated through entering into a contract without providing the material terms to hutchins pursuant to which rofer hutchins would then be able to have the opportunity to accept those terms and purchase it as a first right and response to that letter in january of 2022 the fra provided hutchins with the material terms and hutchins then properly and timely exercised the right

of first refusal months later the fra presented hutchins with a bad faith purpose of rejecting the exercise of that right of first refusal there have been discussions going on since march there have been communications between myself counsel for bmd myself counsel for fra and no agreement has been reached and we were therefore forced today to file an action in superior court seeking a preliminary

injunction on the sale of this lot and only this lot our objection is limited to the the budding lot to which hutchins has the right and um also seeking a a judgment that that should be sold only to hutchins not bmd or any other third party so as i stated at the outset our objection is limited to that one lot and not the project as a whole and if we are successful in this litigation

which we expect that we will be hutchins intends to build a seafood processing plant associated with raw seafoods and that would employ approximately or up to hundreds of fall river and surrounding area residents and we wanted to let the board know and to lodge our limited objection thank you mr chair if i could um the application before you were filed by the redevelopment forward redevelopment authority who is the

landowner they have a legal entity that owns this they have the ability to appear before this this commission if if the abutter has a concern with regards to the wetland protection act and the purview of this board you should request that that be submitted to you in writing and if there is a concern beyond the limit and narrow scope of this conservation commission um anything beyond that really should not

be discussed any any legal proceedings that have or may take place is not the purview of the conservation commission this is not the this is not the venue to have that discussion thank you mr p and i would just like to add we had notified uh hutchins in conjunction with the city or with the redevelopment authority that we did not have a we did not purchase the property we had an option upon which we could exercise

that once the writer first refusal expired um we are very confident of our position as well and would like to continue this application if um the board so wishes we um we were a little caught off guard by this because you know we have been in discussion with them and would have um uh appreciated you know notice given that our uh our position the city's position the redevelopment authorities position uh as

well so uh if you have any questions related to that if you know obviously is mr aguiar mentioned this is not the forum um we're confident that we will prevail in the appropriate forum mr chairman if i may again the same way my response to to the abuta would be the same to the applicant that this is not the commission should not be discussing this yeah it's not in our purview if you

could submit that in writing to us um by the way i was out of your property this weekend and uh i thank you for keeping up on your uh he did mention how well the site is kept and you don't often see a construction site that size kept so well yeah so that's a question that's a wetlands issue that's that's what we should deal with so uh but if you could submit that in writing i mean

it's beyond our board here now okay thanks um questions uh no okay i would like to have a motion to table this till uh september 12th meeting a point of order mr chairman uh my concern is why are we tabling this i haven't reviewed the drainage until yeah so upon submit it to them and they'll have a better understanding of again only i think it was only filed two weeks ago or three weeks ago so when

we get through my room there's nothing better to do but work on my stuff right so no but as i stated the plan set and everybody can see okay thank you very much what was that date mr chairman uh september 12th september 12th 5 30.

5 30. do we have a motion motion

thank you thank you thank you everyone there's less than 15 yes um next could i have a motion to take uh items six seven uh as one make a motion take them together

uh let's see the first one is a review and discussion of brightman street bridge demolition project number 610 701 and next one seven was receipt of course bonds review and discussion of an estimated 25 gallons of oil released in front of 240 flint street tracking numbers 4.002 9419 any discussion can i have a motion to uh place on file some move second second call vote hi hi hi hi uh

next approval minutes from july 11 2022 meeting

uh before we return nina is this your last meeting i hope so no well i would like to wish nina what was your due date you could technically say yes oh that's cool you're not going to be here for the 12th oh congratulations i hope it goes smoothly

yes jumping