Conservation Commission Denies Certificate of Compliance for 3820 North Main Street
Conservation Commission Denies Certificate of Compliance for 40 Frederick Street
Conditions for New Order of Conditions Approved
The Fall River Conservation Commission held its meeting on August 3, 2026, with all members present. The commission addressed a lengthy agenda primarily consisting of continuing matters. Several items were tabled pending further information or agreements between parties, including discussions on adopting new fees, outstanding enforcement orders, and three Notices of Intent for projects by Weaver Cove Industrial Park, Liberty Utilities, and National Grid. The commission took decisive action on several long-standing requests. They voted to deny two separate requests for Certificates of Compliance for properties at 3820 North Main Street and 40 Frederick Street, requiring the applicants to refile once they have responded to the commission's initial comments. For a major waterfront project proposed by McAllister Towing and Transportation on Charles Street, the commission reviewed two peer review proposals. They voted to select the proposal from Beta Engineering, the less expensive option at approximately $12,000-$13,000, to review the project's plans for bulkhead repair and dredging. Several items received approval. An Order of Conditions was issued for Prestige Media Group to construct an electric shed at an existing radio tower site on Augusta Street, contingent on the applicant paying a delineation fee and updating the plan to show the 100-foot buffer zone and acknowledge it is in a FEMA flood zone. The commission also issued a Certificate of Compliance for a project at 372 Stevens Street and a partial certificate for one lot of a development at 1 Bronson Street. The meeting concluded after the approval of minutes from two previous meetings.
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City Officials
Public / Other
Welcome to the Fall River Conservation Commission meeting being held at One Government Center.
0:06It's Monday, August 3rd, 2026, 5:30.
0:11We're in the first floor hearing room.
0:13Pursuant to open meeting law, any person may make an audio or video recording of this public meeting or may transmit through any mediums.
0:22Attendees are therefore advised that such recordings or transmissions are being made whether received or unperceived by those present and deemed acknowledged and permissible.
0:30We'll start with roll call to my left.
0:33Chris Boyle.
0:34Louis Ferrara.
0:35John Brandt.
0:36Jim Cusick.
0:37Drew Carlin.
0:38Tim McCoy.
0:39And we also have tonight Dan Aguiar, conservation agent, Patty Aguiar, the head clerk, and Alex Mello from Forever TV.
0:51First, Review and discussion update on Bell Rock Road.
0:55Nothing other than stuff is growing because the amount of rain that we've been having.
0:58But I did speak to the owner.
1:00He knows that those trees need to be replanted.
1:02And we will do that in late summer, early fall.
1:06Okay.
1:07Motion on the table.
1:08So moved.
1:09Seconded.
1:10All in favor?
1:11Aye.
1:11Aye.
1:12Okay.
1:12Motion passes.
1:14Next, review and discussion adopting fees and structures.
1:17I've got nothing new on that.
1:18I am in the middle of putting together that package for you.
1:21I 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.
1:31So nothing new to add on that.
1:33I'm a week behind because I went on vacation.
1:36Okay.
1:38Motion tabled.
1:39Motion tabled.
1:40Seconded.
1:41All in favor?
1:41Aye.
1:42Aye.
1:43Motion passes.
1:43All right.
1:44Next, review and discussion of outstanding enforcement orders.
1:48Nothing new on any of those.
1:50Motion to table.
1:51Second.
1:52Aye.
1:53Aye.
1:53Aye.
1:54Passes.
1:54All right.
1:55Next, notice of intent, SE-24-855.
2:00Applicant is Weaver Cove Industrial Park, LLC.
2:04Project location, New Street.
2:05Census map is T-2, Lot 0001.
2:09Filed by Chris Fortolia of Goldheart Consulting, LLC, on behalf of the applicant.
2:14The applicant is proposing an after-fact restoration area, cleared vegetation.
2:19This was taped from July 6th meeting.
2:21We did receive an email from Attorney Niland late this afternoon.
2:26Believe it or not, they are just about at agreement on where the resource areas are actually located.
2:32So, never mind where the restoration is going to be and how it intends.
2:36So, they did intend on having a plan before us tonight.
2:39He 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.
2:51Recommend that matter be tabled.
2:54Yes, second.
2:56Motion tabled.
2:56Aye.
2:58Aye.
2:58Aye.
2:59Okay.
2:59Motion passes.
3:01Next, notice of intent SE-24-857.
3:06Applicant is Liberty Utilities, owner Spectrum Realty, project location 994 Jefferson Street, assessor's map is D-20, lot 0002.
3:17Filed by Ron Ernharing of Trimont Engineering Company on behalf of the applicant.
3:22The applicant is proposing to install 222 feet of 4-inch carrier pipe with 2-inch main gas through means of horizontal drilling.
3:31Project also includes entry and an exit pit.
3:33This was tabled from July 6th.
3:36So, again, this is Liberty Utilities gas main installation that we've been working on with their consultant.
3:42We've received nothing new from the last meeting.
3:45So, again, recommend to table.
3:47Motion to table.
3:48Second.
3:49All in favor?
3:50Aye.
3:51Okay.
3:52Next is a Notice of Intent, SE-24-861, Applicant is Ernie Wachowski of Cahill NEPC.
4:02National Grid, owners, Weaver's Cove.
4:05Existing overhead transmission line.
4:07Access map, multiple locations filed by Erica Marsiglia of Power Engineering Consulting PC on behalf of the applicant.
4:15The 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.
4:34So, again, this runs hand in hand with the Weaver's Cove project.
4:38I 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.
4:46So, he had told me they think they're getting close.
4:48We did receive an email.
4:50Afternoon, around 3 o'clock, from Jessica Wall, is that who it was?
4:54Their representative, their legal representative, asking that the matter be tabled so that they can continue to work out their situation with National Grid.
5:03Motion to table.
5:05Second.
5:06All in favor?
5:06Aye.
5:07Okay.
5:09Next is a request for certificate of compliance, SE-24-762.
5:15Owner, Carlos Estrella.
5:17Project location is 3820 North Main Street.
5:20Assessment map is X-03-0010, filed by Alexander Kowalski of Kowalski Engineering on behalf of the applicant, who requests certificate of compliance.
5:30This was tabled from July 6th.
5:32So, this has been, I don't know, probably 5 or 6 months in the making.
5:37So, you have 2 options.
5:38One, 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.
5:47I really don't care either way.
5:49It's just a matter of having to read it in every month until they make comments.
5:52I think we need to motivate them to get it done.
5:54So let's require them to refile.
5:57Okay.
5:58There's no filing fee for certificate compliance, but it is, it is the process.
6:01So if you want to, if you want to make a motion to deny it, we can send them a letter.
6:06We have a motion to deny it.
6:07Do we have a second?
6:08Second.
6:09Roll call.
6:10Aye.
6:10Aye.
6:11Okay, thanks.
6:14Let's see, next is a request for certificate of compliance, SE-24-756.
6:21Owner is Casey Motowski, trustees of Casey Revocable Trust.
6:25Project location, 40 Frederick Street.
6:27Assessor's map is C-15-007.
6:31Filed by Alexander Kowalski of Kowalski Engineering on behalf of the applicant.
6:35The applicant has requested a certificate of compliance.
6:40You're not here for this, are you?
6:41No, Prime Engineering.
6:42Oh, for Prime, okay.
6:44Similar 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.
6:52Again, you can either allow them to table it or deny it and require that they refile.
6:57I think we need to deny.
6:59Same instance with item number 7.
7:02Same thing, we've got to get, you know, move some of these things off the agenda.
7:05Second.
7:08Roll call.
7:10Aye.
7:11Aye.
7:11Aye.
7:12Excuse me.
7:14Next, Notice of Intent SE-24-875.
7:19Applicant is McAllister Towing and Transportation Company, Inc., owner of 1 Charles Street, LLC.
7:25Project location, Charles Street.
7:27This is mapped as H-20-001, filed by Todd Mori of Bills Associates on behalf of the applicant.
7:34The 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.
7:50The applicant, in addition, is proposing to dredge portions of the terminal basin to E1-27.43 to accommodate deeper draft vessels.
8:00Anticipate to make use of the terminal.
8:03Dredging will occur within the footprint of prior authorization of dredging to the basin E1-24MLY.
8:12So, if you recall, we had decided to send this out for a peer review.
8:16We sent it out to a total of 5 consultants.
8:192 were responsive that you have in your in your packets, one from Beta Engineering, one from Forth Infrastructure.
8:272 varying amounts.
8:28Forth is definitely a higher number to start with.
8:33So each of these is— they get you to the point where they review the submitted documentation and then issue a report.
8:39Anything after that, depending upon what needs to be done, those scopes will both change.
8:44But it is about a $10,000 difference between the 2.
8:48I 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.
8:56Beta, again, excellent firm.
8:59Their proposal is comprehensive, not as comprehensive as what Foerth submitted.
9:05So, either way would be acceptable.
9:09I 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.
9:22Do either of these companies have more experience than another with— Foth does.
9:27Yeah.
9:27I mean, Foth primarily deals with— and that's why you don't hear of them often.
9:33They did a bunch of work recently in New Bedford, a bunch of their, like, the wind turbine projects and everything else.
9:39So it's big commercial port projects, that's why it's called 4th Infrastructure.
9:47So, I mean, they deal with a lot of that.
9:51Not 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.
10:03I couldn't tell you otherwise.
10:07Dan, 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.
10:17The outside— well, the applicant has to pay.
10:20Okay, so it's not, it's not our money.
10:22But I don't like spending the applicant's money either, if it's not warranted.
10:27Okay.
10:28If it was a few dollars difference, there'd be no doubt.
10:32You 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.
10:43Yeah.
10:43But Dan, if you think Beta, I mean, you know, we want to encourage business.
10:46We 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.
10:54It is very complicated.
10:55The delineation, right, was complicated, and a lot of issues down there.
10:59So, 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.
11:09Yeah, again, this is— there's a lot that goes into this, not only for what's under our purview.
11:16So, if we're looking at just straight Conservation Commission review and approval, yeah, I think beta would be sufficient.
11:24When we start dealing with the dredging and the disposal sites, and that's not our jurisdiction.
11:30That's going to be Chapter 91 licensing.
11:33So, yeah, if we had never received Forte's proposal, then I would say Beta's would be more than sufficient.
11:41So I'll make a motion we accept Beta Group's proposal.
11:46Second that.
11:47Roll call.
11:48Aye.
11:49Aye.
11:49Aye.
11:51Okay.
11:54Oh, you can if you want to.
11:57If you want to continue just to vote to table it again until we get the actual review on, that's fine.
12:05Okay.
12:06And make a motion to table the matter.
12:09Do I have a second?
12:10Second.
12:11Rocco?
12:11Aye.
12:12Aye.
12:13Aye.
12:15Next, request certificate of compliance, SE-24.
12:22Applicant owner is 3G Realty Limited Partnership.
12:26Project location, 372 Stevens Street.
12:28System map is E-26-001.
12:32Filed by Sean Ainsworth, Insight Engineering, on behalf of the applicant.
12:35The applicant is requesting a certificate of compliance.
12:39So, 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?
12:55Right.
12:55First of all, the '95 plan was poorly done.
12:57Yes, it was.
12:59I think Sean's at least been able to produce a substantial document, photos, bills for cleaning out the systems.
13:08I think the applicant's done quite a bit of work.
13:10And I would— with that, I would recommend the issuance of a certificate of compliance.
13:14Let's get it off the agenda.
13:15Motion to issue certificate of compliance.
13:18Second.
13:19Second.
13:20Roll call.
13:21Aye.
13:21Aye.
13:22Aye.
13:23Thank you.
13:24Thanks.
13:25Thank you, Sean.
13:27Next is a request for certificate of compliance, SE-24-207.
13:33Applicant is James Valancourt, project location 4041 North Main Street, Assessment Map AX-03-0042, filed by Alexander Krawski of Krawski Engineering.
13:45On behalf of the applicant, the applicant filed a request for a certificate of compliance.
13:51So, this is, if you remember, last meeting we discussed, this was an old notice of intent.
13:57Mr. Gordetzky submitted a request for a certificate of compliance.
14:02He does not have the original plan of record.
14:05We do not have the original plan of record.
14:06And I recommended that he reach out to DEP and do a file review and get us a copy of that.
14:11So, we cannot offer a certificate of compliance without the plan to compare it to.
14:17And 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.
14:23So, 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.
14:30Motion to table.
14:31Second.
14:31Second.
14:32Roll call.
14:33Aye.
14:33Aye.
14:34Aye.
14:35Aye.
14:37Next, discussion on 52 Ferry Street.
14:41I have nothing new to add.
14:42I actually did speak to Mr. Bogan this morning.
14:44If you remember, this was a discussion about potential violations, and then I had started doing some research on it.
14:53What I explained to Mr. Bogan this morning is know that I reviewed everything that the commission had permitted.
15:00Just about everything that I can find was permitted through the Conservation Commission.
15:04That's not to say that it was permitted through Chapter 91.
15:08So, 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.
15:17So, with that, I would take it off the agenda.
15:20And, we'll add it again when when we have a comprehensive assessment of the property.
15:25Motion to remove from the agenda.
15:27Second.
15:28Roll call.
15:28Aye.
15:29Aye.
15:30Aye.
15:31Next, notice of intent, SE-24-876.
15:35Applicant is Manuel Samara Cemento, a member of Prestige Media Group, owner RVD LLC.
15:45Project location, Augusta Street, This is map is 1-26, lot 0012, filed by Richard Roman of Prime Engineering on behalf of the applicant.
15:54The applicant is proposing to erect an electric shed on an existing radio tower site.
16:01Before we get started, which petition are you here for?
16:03Is it for this one?
16:04Okay.
16:04All right, good.
16:05Thanks.
16:06We already have, um, green cards and the legal land proof, so I have it here.
16:10You have it there?
16:10You can give it to Pat.
16:13Thank you.
16:16You want me to give a presentation or do you want to give it?
16:23No, go ahead.
16:24All right.
16:25So this is an existing radio tower.
16:30I don't know if any of you know where Augusta Street is.
16:32Yes.
16:33Off the end of— yeah, off of Rodman.
16:34There was a couple of little subdivisions there, and then there was a very big piece of land off the end of Augusta Street.
16:39Where there's a radio tower currently built.
16:42There was a notice of intent filed for that radio tower.
16:45Incredible that all those wires are under the ground, huh?
16:47I mean, it's— when you look at this plan, at first when I looked at it, I'm like, what are all these lines?
16:51I thought it was like a radius of like if the tower fell.
16:54Yeah, it's not.
16:54It's actually lines that were installed under the ground.
16:56So that was all permitted, closed out, certificate of compliance.
16:59The 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.
17:15The only concerns that I have was through on the application, they did not pay the fee for the wetland line delineation.
17:21Delineation's fine.
17:22It's in accordance with what the previous was.
17:25So, if you were seeing that you wanted to issue an order, it should be done so conditional upon receiving that additional fee.
17:33And 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.
17:40Right.
17:40Okay.
17:40I'll show the line and I'll get that to you tomorrow or Wednesday.
17:43Yeah, no worries.
17:45I have nothing else to add.
17:47But we may have anybody that wants to hear.
17:49Would you like to?
17:49No, just want to hear.
17:51Okay.
17:51Are you on Augusta Street?
17:52Yeah, you're on.
17:53I'm in the last house.
17:55Okay.
17:55So I'm not back.
17:57Nope.
18:01Scott Leach, W-I-E-C-H. Do the board have any questions?
18:08Nope.
18:08I see all the wetland flag.
18:10I just don't see the 25-foot, 50, or 100-foot borderlines.
18:17I didn't see it before.
18:19So unless it's in a different copy, I see that we only have a 100-foot buffer zone, right?
18:23So there's a 25-foot no-touch policy.
18:26So here's where the wetlands line goes around there.
18:29Yeah, that's where they want to build the shed.
18:30So if you want to have them add the 25-foot, that's fine.
18:34Oh, not necessarily 25, but the 100-foot marker.
18:38So show— yeah, the 100-foot line.
18:40Okay.
18:41It's just— give me a moment, just looking at the scale.
18:45All those lines are actually electric lines under the ground from that tower.
18:52Oh.
18:53I was impressed.
18:54I didn't know what— what's the purpose?
18:56Is it for— we don't know if it's— is it for transmission?
18:59Yes, transmission.
18:59It really is.
18:59Rich doesn't know if it's for TV or for radio.
19:02Okay.
19:02He's like, but I guess every 100, a couple hundred feet below the ground, it broadcasts further and further out.
19:06Oh wow.
19:06So 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.
19:11I 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.
19:16Yeah, I guess every 3 degrees, they go out every 3 degrees.
19:18Trees, and that's how they determine it.
19:21Yeah, I believe that's a radio station.
19:23Is that what it is?
19:24Right.
19:24Yeah, well, that one I know is radio now.
19:30Yeah.
19:31Okay, 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.
19:41Um, I can, I can kind of picture it.
19:44Given the scale.
19:45Yep.
19:46And yeah, the impact area is very small.
19:49So it's just a matter of just getting— adding the line.
19:53So 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.
20:02Do you want the Zone A line on there or just a note saying that it falls in there?
20:07That's fine.
20:08Just a note saying that the property falls within The females.
20:12Okay, that was a comment from DEP on their, uh, yeah, yeah, file number.
20:18Was a motion made?
20:19Yeah.
20:21Not yet.
20:22I'll make that motion with the 3 additional conditions.
20:26Okay, to issue the order of conditions?
20:28To issue, yes.
20:29Okay, second.
20:31Uh, roll call.
20:32Aye.
20:32Aye.
20:33Aye.
20:33Aye.
20:34All right, thank you.
20:35Thanks, guys.
20:36Thank you.
20:38Next is a request for certificate of compliance, SC-24-829.
20:43Applicant owner is Jeffrey Johnson.
20:45Project location, 1 Bronson Street.
20:47Accessors map C-16-0101.
20:51Filed by Jeffrey Johnson, the applicant, request for certificate of compliance.
20:55So this is, if you remember, down off of Mariano Bishop Boulevard, August Street.
21:00See that?
21:00We've got Augusta Street and August Street.
21:02Yeah, they didn't know we had both of them, but we do.
21:04So this is that Bronson Street development.
21:06This is requesting to release one of the lots for a certificate of compliance.
21:10This 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.
21:21If you haven't been down there, you go take a look at it.
21:24It'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.
21:34Even after a day like today.
21:36Yeah, well, at least now water can flow downhill, right?
21:38It couldn't before.
21:40It's amazing.
21:41And you can do that.
21:44Yeah.
21:44Motion.
21:45Motion for COC.
21:46Second.
21:47Second.
21:49Roll call.
21:50Aye.
21:51Aye.
21:51Aye.
21:52Aye.
21:53Aye.
21:53Okay.
21:54Next, approval of minutes from June 1st, 2026, and we'll combine them with July 6th, 2026.
22:02Motion to approve.
22:04Second.
22:05Roll call.
22:06Aye.
22:07Aye.
22:07Aye.
22:08Aye.
22:08Aye.
22:09All right.
22:10No citizen input.
22:12Can I have a motion to adjourn?
22:14So moved.
22:15Second.
22:15Second.
22:16All in favor?
22:17Aye.
22:18Aye.
22:18All righty.
22:19Nay.