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8.3.2026 Conservation Commission
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Welcome to the Fall River Conservation Commission meeting being held at One Government Center.
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It's Monday, August 3rd, 2026, 5:30.
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We're in the first floor hearing room.
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Pursuant to open meeting law, any person may make an audio or video recording of this public meeting or may transmit through any mediums.
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Attendees are therefore advised that such recordings or transmissions are being made whether received or unperceived by those present and deemed acknowledged and permissible.
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We'll start with roll call to my left.
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Chris Boyle.
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Louis Ferrara.
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John Brandt.
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Jim Cusick.
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Drew Carlin.
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Tim McCoy.
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And we also have tonight Dan Aguiar, conservation agent, Patty Aguiar, the head clerk, and Alex Mello from Forever TV.
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First, Review and discussion update on Bell Rock Road.
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Nothing other than stuff is growing because the amount of rain that we've been having.
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But I did speak to the owner.
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He knows that those trees need to be replanted.
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And we will do that in late summer, early fall.
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Okay.
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Motion on the table.
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So moved.
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Seconded.
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All in favor?
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Aye.
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Aye.
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Okay.
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Motion passes.
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Next, review and discussion adopting fees and structures.
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I've got nothing new on that.
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I am in the middle of putting together that package for you.
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I know I sent you the— what the intended fees were, but I was going to give you some backup from a few other communities, and then follow through with Serpit about aligning that with a set of bylaws.
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So nothing new to add on that.
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I'm a week behind because I went on vacation.
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Okay.
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Motion tabled.
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Motion tabled.
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Seconded.
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All in favor?
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Aye.
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Aye.
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Motion passes.
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All right.
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Next, review and discussion of outstanding enforcement orders.
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Nothing new on any of those.
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Motion to table.
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Second.
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Aye.
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Aye.
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Aye.
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Passes.
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All right.
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Next, notice of intent, SE-24-855.
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Applicant is Weaver Cove Industrial Park, LLC.
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Project location, New Street.
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Census map is T-2, Lot 0001.
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Filed by Chris Fortolia of Goldheart Consulting, LLC, on behalf of the applicant.
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The applicant is proposing an after-fact restoration area, cleared vegetation.
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This was taped from July 6th meeting.
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We did receive an email from Attorney Niland late this afternoon.
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Believe it or not, they are just about at agreement on where the resource areas are actually located.
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So, never mind where the restoration is going to be and how it intends.
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So, they did intend on having a plan before us tonight.
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He said that would not happen, of course, and that he would recommend or request that the matter be tabled so that they can now prepare the restoration plan based upon the agreed delineation.
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Recommend that matter be tabled.
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Yes, second.
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Motion tabled.
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Aye.
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Aye.
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Aye.
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Okay.
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Motion passes.
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Next, notice of intent SE-24-857.
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Applicant is Liberty Utilities, owner Spectrum Realty, project location 994 Jefferson Street, assessor's map is D-20, lot 0002.
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Filed by Ron Ernharing of Trimont Engineering Company on behalf of the applicant.
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The applicant is proposing to install 222 feet of 4-inch carrier pipe with 2-inch main gas through means of horizontal drilling.
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Project also includes entry and an exit pit.
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This was tabled from July 6th.
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So, again, this is Liberty Utilities gas main installation that we've been working on with their consultant.
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We've received nothing new from the last meeting.
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So, again, recommend to table.
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Motion to table.
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Second.
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All in favor?
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Aye.
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Okay.
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Next is a Notice of Intent, SE-24-861, Applicant is Ernie Wachowski of Cahill NEPC.
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National Grid, owners, Weaver's Cove.
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Existing overhead transmission line.
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Access map, multiple locations filed by Erica Marsiglia of Power Engineering Consulting PC on behalf of the applicant.
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The project is located within a section of existing right-of-ways from Sky Road Submission Station in Somerset, Fall River municipal boundaries over Taunton River, Project consists of separation of existing N-12 and M-13 transmission lines on a period of structures within the existing right-of-ways.
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So, again, this runs hand in hand with the Weaver's Cove project.
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I actually had a meeting with the owner of Weaver's Cove a week or two ago, and he was filling me in a little bit of the back and forth with National Grid.
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So, he had told me they think they're getting close.
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We did receive an email.
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Afternoon, around 3 o'clock, from Jessica Wall, is that who it was?
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Their representative, their legal representative, asking that the matter be tabled so that they can continue to work out their situation with National Grid.
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Motion to table.
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Second.
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All in favor?
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Aye.
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Okay.
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Next is a request for certificate of compliance, SE-24-762.
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Owner, Carlos Estrella.
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Project location is 3820 North Main Street.
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Assessment map is X-03-0010, filed by Alexander Kowalski of Kowalski Engineering on behalf of the applicant, who requests certificate of compliance.
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This was tabled from July 6th.
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So, this has been, I don't know, probably 5 or 6 months in the making.
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So, you have 2 options.
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One, you can continue to table it, or, if you just want to deny it, and then they can refile everything, Once they get their ASBO and respond to our initial comments.
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I really don't care either way.
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It's just a matter of having to read it in every month until they make comments.
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I think we need to motivate them to get it done.
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So let's require them to refile.
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Okay.
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There's no filing fee for certificate compliance, but it is, it is the process.
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So if you want to, if you want to make a motion to deny it, we can send them a letter.
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We have a motion to deny it.
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Do we have a second?
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Second.
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Roll call.
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Aye.
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Aye.
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Okay, thanks.
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Let's see, next is a request for certificate of compliance, SE-24-756.
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Owner is Casey Motowski, trustees of Casey Revocable Trust.
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Project location, 40 Frederick Street.
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Assessor's map is C-15-007.
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Filed by Alexander Kowalski of Kowalski Engineering on behalf of the applicant.
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The applicant has requested a certificate of compliance.
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You're not here for this, are you?
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No, Prime Engineering.
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Oh, for Prime, okay.
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Similar to the last one, we've been waiting a few months now for this applicant to make the modifications to the way they constructed the site and bring us a revised plan.
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Again, you can either allow them to table it or deny it and require that they refile.
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I think we need to deny.
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Same instance with item number 7.
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Same thing, we've got to get, you know, move some of these things off the agenda.
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Second.
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Roll call.
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Aye.
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Aye.
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Aye.
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Excuse me.
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Next, Notice of Intent SE-24-875.
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Applicant is McAllister Towing and Transportation Company, Inc., owner of 1 Charles Street, LLC.
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Project location, Charles Street.
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This is mapped as H-20-001, filed by Todd Mori of Bills Associates on behalf of the applicant.
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The applicant is proposing to repair and replace sheet pile bulkhead of elevate portion of the site behind the seawall, repair existing piers, revent, install fendering system, and install reinforcement bollards to support vessels beneath berthing.
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The applicant, in addition, is proposing to dredge portions of the terminal basin to E1-27.43 to accommodate deeper draft vessels.
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Anticipate to make use of the terminal.
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Dredging will occur within the footprint of prior authorization of dredging to the basin E1-24MLY.
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So, if you recall, we had decided to send this out for a peer review.
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We sent it out to a total of 5 consultants.
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2 were responsive that you have in your in your packets, one from Beta Engineering, one from Forth Infrastructure.
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2 varying amounts.
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Forth is definitely a higher number to start with.
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So each of these is— they get you to the point where they review the submitted documentation and then issue a report.
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Anything after that, depending upon what needs to be done, those scopes will both change.
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But it is about a $10,000 difference between the 2.
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I think if you look at Foerth's submission and their resumes and the specific type of work that they do, maybe it warrants the additional funding.
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Beta, again, excellent firm.
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Their proposal is comprehensive, not as comprehensive as what Foerth submitted.
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So, either way would be acceptable.
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I don't think we're bound to go with the least expensive if you determine that they you feel that one is better suited for this type of a commercial waterfront project.
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Do either of these companies have more experience than another with— Foth does.
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Yeah.
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I mean, Foth primarily deals with— and that's why you don't hear of them often.
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They did a bunch of work recently in New Bedford, a bunch of their, like, the wind turbine projects and everything else.
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So it's big commercial port projects, that's why it's called 4th Infrastructure.
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So, I mean, they deal with a lot of that.
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Not to say that what Beta would produce wouldn't be sufficient, but, I mean, to me there is a glaring difference in the skill sets, but Beta could be perfectly sufficient.
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I couldn't tell you otherwise.
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Dan, either way, even with the most expensive, or the more expensive option, you get, you get enough in your budget for, you know, outside consulting.
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The outside— well, the applicant has to pay.
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Okay, so it's not, it's not our money.
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But I don't like spending the applicant's money either, if it's not warranted.
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Okay.
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If it was a few dollars difference, there'd be no doubt.
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You would go with Foth, but it's a difference between, I think Foth was $22,000, and I want to say Beta was probably around $12,000 to $13,000 for that initial review and report.
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Yeah.
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But Dan, if you think Beta, I mean, you know, we want to encourage business.
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We don't want to discourage business, and I don't— if you think Beta is sufficient to the task, because I know it's a complicated site.
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It is very complicated.
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The delineation, right, was complicated, and a lot of issues down there.
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So, if you think beta will do the job that we expect them to do and the job that's required, then I have no problem going with beta if you think the outcomes will be consistent.
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Yeah, again, this is— there's a lot that goes into this, not only for what's under our purview.
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So, if we're looking at just straight Conservation Commission review and approval, yeah, I think beta would be sufficient.
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When we start dealing with the dredging and the disposal sites, and that's not our jurisdiction.
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That's going to be Chapter 91 licensing.
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So, yeah, if we had never received Forte's proposal, then I would say Beta's would be more than sufficient.
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So I'll make a motion we accept Beta Group's proposal.
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Second that.
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Roll call.
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Aye.
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Aye.
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Aye.
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Okay.
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Oh, you can if you want to.
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If you want to continue just to vote to table it again until we get the actual review on, that's fine.
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Okay.
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And make a motion to table the matter.
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Do I have a second?
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Second.
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Rocco?
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Aye.
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Aye.
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Aye.
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Next, request certificate of compliance, SE-24.
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Applicant owner is 3G Realty Limited Partnership.
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Project location, 372 Stevens Street.
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System map is E-26-001.
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Filed by Sean Ainsworth, Insight Engineering, on behalf of the applicant.
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The applicant is requesting a certificate of compliance.
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So, I'll offer that over the last few months, Sean has worked very diligently to provide us with the revised as-built inspection photographs of all the underground drainage systems, because remember, this is— so it was a lot of work to go back and piece together, was this thing constructed in accordance with the '95 plan?
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Right.
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First of all, the '95 plan was poorly done.
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Yes, it was.
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I think Sean's at least been able to produce a substantial document, photos, bills for cleaning out the systems.
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I think the applicant's done quite a bit of work.
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And I would— with that, I would recommend the issuance of a certificate of compliance.
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Let's get it off the agenda.
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Motion to issue certificate of compliance.
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Second.
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Second.
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Roll call.
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Aye.
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Aye.
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Aye.
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Thank you.
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Thanks.
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Thank you, Sean.
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Next is a request for certificate of compliance, SE-24-207.
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Applicant is James Valancourt, project location 4041 North Main Street, Assessment Map AX-03-0042, filed by Alexander Krawski of Krawski Engineering.
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On behalf of the applicant, the applicant filed a request for a certificate of compliance.
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So, this is, if you remember, last meeting we discussed, this was an old notice of intent.
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Mr. Gordetzky submitted a request for a certificate of compliance.
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He does not have the original plan of record.
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We do not have the original plan of record.
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And I recommended that he reach out to DEP and do a file review and get us a copy of that.
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So, we cannot offer a certificate of compliance without the plan to compare it to.
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And I don't know how he could write a letter saying that it was built in accordance with the original plan if he doesn't have a copy of it either.
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So, with this one, I would leave this one on the agenda, but I would recommend that it's tabled until we can at least get a copy of it.
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Motion to table.
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Second.
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Second.
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Roll call.
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Aye.
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Aye.
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Aye.
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Aye.
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14:37
Next, discussion on 52 Ferry Street.
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I have nothing new to add.
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14:42
I actually did speak to Mr. Bogan this morning.
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14:44
If you remember, this was a discussion about potential violations, and then I had started doing some research on it.
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14:53
What I explained to Mr. Bogan this morning is know that I reviewed everything that the commission had permitted.
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15:00
Just about everything that I can find was permitted through the Conservation Commission.
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That's not to say that it was permitted through Chapter 91.
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So, I told them I needed some more time to do a more thorough review of that, present you with some facts, and then you can decide.
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So, with that, I would take it off the agenda.
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15:20
And, we'll add it again when when we have a comprehensive assessment of the property.
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15:25
Motion to remove from the agenda.
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15:27
Second.
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15:28
Roll call.
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15:28
Aye.
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Aye.
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Aye.
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15:31
Next, notice of intent, SE-24-876.
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15:35
Applicant is Manuel Samara Cemento, a member of Prestige Media Group, owner RVD LLC.
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15:45
Project location, Augusta Street, This is map is 1-26, lot 0012, filed by Richard Roman of Prime Engineering on behalf of the applicant.
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15:54
The applicant is proposing to erect an electric shed on an existing radio tower site.
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16:01
Before we get started, which petition are you here for?
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Is it for this one?
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Okay.
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All right, good.
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Thanks.
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16:06
We already have, um, green cards and the legal land proof, so I have it here.
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16:10
You have it there?
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16:10
You can give it to Pat.
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16:13
Thank you.
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16:16
You want me to give a presentation or do you want to give it?
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16:23
No, go ahead.
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All right.
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16:25
So this is an existing radio tower.
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16:30
I don't know if any of you know where Augusta Street is.
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16:32
Yes.
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16:33
Off the end of— yeah, off of Rodman.
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There was a couple of little subdivisions there, and then there was a very big piece of land off the end of Augusta Street.
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16:39
Where there's a radio tower currently built.
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16:42
There was a notice of intent filed for that radio tower.
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16:45
Incredible that all those wires are under the ground, huh?
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16:47
I mean, it's— when you look at this plan, at first when I looked at it, I'm like, what are all these lines?
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16:51
I thought it was like a radius of like if the tower fell.
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16:54
Yeah, it's not.
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16:54
It's actually lines that were installed under the ground.
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16:56
So that was all permitted, closed out, certificate of compliance.
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16:59
The petition before you tonight is solely to construct a little electric shed further away from the buffer zone than the tower itself, right along the edge of the existing gravel driveway that provides access to it.
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17:15
The only concerns that I have was through on the application, they did not pay the fee for the wetland line delineation.
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17:21
Delineation's fine.
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17:22
It's in accordance with what the previous was.
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17:25
So, if you were seeing that you wanted to issue an order, it should be done so conditional upon receiving that additional fee.
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17:33
And then also the receipt of a revised plan that acknowledges that this is also in a FEMA Zone A, not just in the buffer zone.
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17:40
Right.
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17:40
Okay.
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17:40
I'll show the line and I'll get that to you tomorrow or Wednesday.
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17:43
Yeah, no worries.
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17:45
I have nothing else to add.
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17:47
But we may have anybody that wants to hear.
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17:49
Would you like to?
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17:49
No, just want to hear.
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17:51
Okay.
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17:51
Are you on Augusta Street?
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17:52
Yeah, you're on.
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17:53
I'm in the last house.
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17:55
Okay.
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17:55
So I'm not back.
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17:57
Nope.
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18:01
Scott Leach, W-I-E-C-H. Do the board have any questions?
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18:08
Nope.
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18:08
I see all the wetland flag.
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18:10
I just don't see the 25-foot, 50, or 100-foot borderlines.
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18:17
I didn't see it before.
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18:19
So unless it's in a different copy, I see that we only have a 100-foot buffer zone, right?
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18:23
So there's a 25-foot no-touch policy.
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18:26
So here's where the wetlands line goes around there.
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18:29
Yeah, that's where they want to build the shed.
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18:30
So if you want to have them add the 25-foot, that's fine.
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18:34
Oh, not necessarily 25, but the 100-foot marker.
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18:38
So show— yeah, the 100-foot line.
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18:40
Okay.
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18:41
It's just— give me a moment, just looking at the scale.
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18:45
All those lines are actually electric lines under the ground from that tower.
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18:52
Oh.
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18:53
I was impressed.
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18:54
I didn't know what— what's the purpose?
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18:56
Is it for— we don't know if it's— is it for transmission?
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18:59
Yes, transmission.
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18:59
It really is.
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18:59
Rich doesn't know if it's for TV or for radio.
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19:02
Okay.
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19:02
He's like, but I guess every 100, a couple hundred feet below the ground, it broadcasts further and further out.
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19:06
Oh wow.
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19:06
So yeah, he was trying to explain to me it was not— it's the first time I ever dealt with— yeah, I've never seen anything like that.
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19:11
I guess every 3 degrees— I've seen plenty of cell towers go up, but I've never seen like a radio tower or a television tower.
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19:16
Yeah, I guess every 3 degrees, they go out every 3 degrees.
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19:18
Trees, and that's how they determine it.
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19:21
Yeah, I believe that's a radio station.
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19:23
Is that what it is?
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19:24
Right.
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19:24
Yeah, well, that one I know is radio now.
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19:30
Yeah.
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19:31
Okay, I would just make a motion that, uh, that we add a condition to show the buffer, to show the 100-foot buffer on the site plan.
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19:41
Um, I can, I can kind of picture it.
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19:44
Given the scale.
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19:45
Yep.
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19:46
And yeah, the impact area is very small.
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19:49
So it's just a matter of just getting— adding the line.
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19:53
So we have 3 conditions: pay the appropriate fee for Category 6, note that it falls in a FEMA Zone Flood A, and add the 100-foot buffer.
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20:02
Do you want the Zone A line on there or just a note saying that it falls in there?
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20:07
That's fine.
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20:08
Just a note saying that the property falls within The females.
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20:12
Okay, that was a comment from DEP on their, uh, yeah, yeah, file number.
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20:18
Was a motion made?
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20:19
Yeah.
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20:21
Not yet.
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20:22
I'll make that motion with the 3 additional conditions.
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20:26
Okay, to issue the order of conditions?
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20:28
To issue, yes.
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20:29
Okay, second.
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20:31
Uh, roll call.
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20:32
Aye.
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20:32
Aye.
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20:33
Aye.
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20:33
Aye.
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20:34
All right, thank you.
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20:35
Thanks, guys.
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20:36
Thank you.
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20:38
Next is a request for certificate of compliance, SC-24-829.
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20:43
Applicant owner is Jeffrey Johnson.
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20:45
Project location, 1 Bronson Street.
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20:47
Accessors map C-16-0101.
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20:51
Filed by Jeffrey Johnson, the applicant, request for certificate of compliance.
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20:55
So this is, if you remember, down off of Mariano Bishop Boulevard, August Street.
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21:00
See that?
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21:00
We've got Augusta Street and August Street.
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21:02
Yeah, they didn't know we had both of them, but we do.
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21:04
So this is that Bronson Street development.
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21:06
This is requesting to release one of the lots for a certificate of compliance.
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21:10
This lot, again, nowhere near the 100-foot buffer zone, but because the whole project was permitted under one order of conditions, we do have to issue a partial certificate of compliance just for that one lot.
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21:21
If you haven't been down there, you go take a look at it.
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21:24
It's cleaned up pretty dramatically in the stormwater improvements that we made them do through this development has done a really nice job, even for the upstream neighborhood.
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21:34
Even after a day like today.
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21:36
Yeah, well, at least now water can flow downhill, right?
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21:38
It couldn't before.
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21:40
It's amazing.
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21:41
And you can do that.
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21:44
Yeah.
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21:44
Motion.
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21:45
Motion for COC.
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21:46
Second.
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21:47
Second.
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21:49
Roll call.
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21:50
Aye.
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21:51
Aye.
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21:51
Aye.
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21:52
Aye.
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21:53
Aye.
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21:53
Okay.
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21:54
Next, approval of minutes from June 1st, 2026, and we'll combine them with July 6th, 2026.
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22:02
Motion to approve.
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22:04
Second.
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22:05
Roll call.
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22:06
Aye.
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22:07
Aye.
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22:07
Aye.
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22:08
Aye.
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22:08
Aye.
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22:09
All right.
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22:10
No citizen input.
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22:12
Can I have a motion to adjourn?
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22:14
So moved.
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22:15
Second.
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22:15
Second.
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22:16
All in favor?
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22:17
Aye.
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22:18
Aye.
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22:18
All righty.
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22:19
Nay.
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