9.11.23 Conservation Commission

yeah affordable concentration welcome to the forward conservation meeting being held at one government center Fall River Mass in the public hearing room uh 9 11 23 time is uh 5 30.

um pursuant to the open meeting laws any person who make an audio or video recording of the public meeting or may transmit the meeting through any medium attendees are there for advised at such recordings of Transmissions are being made whether perceived or unperceived by those present and deemed acknowledged and permissible we'll start with a roll call Chris Boyle here Lewis Ferreira John

Brandt Jim Cusick Paul Admiral Nikita Vieira and we're missing uh Reverend uh Jim Hornsby we also have uh Nina Pavo from the clerk Dan aguiar conservation agent and Gary Let's uh from forward TV um first on uh old business is a requester certificate of a compliance se-24-765 owner applicant Highland Farms development number two LLC project location is 245 Fieldstone Lane Assessor's map is

u-04-0059 applicant requesting certificate of compliance thing that all work regularly by the order conditions has been satisfactory completed this was tabled from July 10 2023 so just as a update this is for 24-765 which was for the single family home construction this is one of the projects where they were putting in a pool and some other work in the backyard which they filed a new

notice of intent for under 24 819 so the work for 765 will not be completed until the pool is completed under 8 19. so you should remove this from the agenda until they submit a certificate of compliance for 819 and 765. okay okay it's going to have a motion to uh table this till they're ready second

aye aye and uh we also had uh Mr Reverend Hornsby uh is here so uh Markham is attended um next is notice of intent sc-24-817 owner applicant is mellow Estates LLC project location 1262 Brighton Ave assistance map is j-24-002 filed by Zenith Consulting engineer LLC on behalf of the applicant the applicant proposes the removal existing Rock outcropping to established contractor's yard storage facilities

also storage is pop proposed within a previous Disturbed Riverfront area and buffer zone as well as cleaning of existing drainage wells in Brighton Ave subject to massdot approval this was tabled from July 10 2023 is Jamie coming yeah he asks if you guys could see yeah so the engineer said he would be coming and Joe said he will be coming as well so just want to table that till later on in the evening okay

until he comes up gonna have a motion table list till later in the meeting second okay full approval hi all right all right yes hi hi all right moving on to the next one is a requester certificate a compliance se-24-788 owner after this highland Farms development 2 LLC project is 164 Fieldstone Lane Tesla's map is u-04-0069 cloud by silver environmental consultant Inc on behalf of applicant

the applicant is requesting a certificate of compliance with exception of final lawn development on this lot the work authorized under the order has been completed with substantial compliance with the order conditions this was tabled from July 10th 2023 meeting so similar to item zero one the applicant had additional work a patio shed some fencing that they had applied for an RDA that was approved

back in June I believe or maybe even July so the final certificate of compliance for 24 788 can't be issued until that work under the RDA is complete so this is another one you can remove from the agenda okay until all the work is completed motion table all right next is a notice of intent sc-24-825 owner applicant is uh Antonio vomita project locations 38 Judd Street assessments map is

y-09-0010 followed by the applicant applicant is proposing construction of addition to a single-family house table from July 10.

I don't know if anyone's CFR is anybody here for that one seem to uh

somebody right okay if you want a tablet give somebody some time that's fine we'll later on in the evening let's table it totally later with the meeting can I have motion table it to later motion something aye aye aye aye yes all right all right next uh notice of intent se-24-827 owner applicants 52 Ferry LLC project location 52 Ferry street cessna's map is n-14-0005 followed by the applicant the

applicant proposals construction new 96 slip Marina full yard for vessels ranging from 24 to 60 feet with a transit dockage public fishing pier and uh walkway this was table from July 10th so the applicant has provided revised plans that adequately responded to all of the comments that I had had as well as dep dep has issued a file number so without any other question or comments from the board I would recommend the

issuance of an order of conditions okay there's no one here from there no I don't okay so but by all means if you have other questions then you should table it and Zone does the board have any other questions they were very thorough in their presentation awesome yeah okay so can I have a motion issue an order of conditions so moved second discussion discussion what does that mean what does

what mean order of conditions that's the permit that we Grant so we are granting them a permit that's called an order of conditions okay so there are no there are no special conditions but there are General conditions that they need to comply with okay got it that's what I thought thank you hi all right all right hi yes hi okay next is request for certificate of compliance se-24-695 owner applicant is Nantucket

Sound Seafood project locations 1375 Airport Road census map is z-03-0108 filed by civil environmental consultant Inc on behalf of the applicant the applicant is requested certificate of compliance with the exception of final lawn development and final top layer of asphalt on this site the work authorized under the disorder has been completed in substantial completion with the order of

conditions table from July 10th so over the last two months we've worked with the applicant and their contractor to respond to all of the itemized requests that we had on our punch list including final one development and final top layer of asphalt all the work has been completed they redid the replication area they've made some modification to some ponds this is about as as good as you're going to get on a site so I

recommend the issuance of a certificate of appliances motion to approve COC okay second okay roll call I I yes aye all right next is notice of intent se-24-826 owner applicant is Brian Bentley greater Fall River vocational school project locations 251 Stonehaven road so this was map is L dash 19-20-00015 button niche engineering on behalf of African the project includes demolition of

existing School building Associated site fixtures construction of new school building and Associated site work site work will include the construction of new parking lot driveway Athletic Field pedestrian walkways utility service and new storm water management this was tabled from July 10th meeting so we have had the plans in for a notice of intent dating back to that last meeting when it's in presentation was

given we've reviewed them I gave a few initial comments to the applicant which I don't see have been addressed yet so the board has a couple of different ways that they can go this is also just going out through site plan review We just received this initial site plan review comments that I should have in writing over the next couple of days and actually Paul ferland is here from the

Department of Community utilities Who provided an enumerated review as well nothing crazy outstanding so if the commission chose to they could um Grant the order with the special condition that uh DCU and site plan review gets completed but I would feel more comfortable to making sure that all of the plan revisions that satisfy dcu's comments are included on the plan set that you vote for specifically where I

had asked for a few items to be addressed that I don't see addressed on the plans yet so do you have a discussion you can ask for additional presentation sure is there a timeline on that so so I would expect and Paul you know we can discuss with Paul I I would expect that we'd have comments written comments within a week so there's really no reason why site plan review and this order of conditions

couldn't be issued by our next meeting again I know we're trying to get some work started here but does that substantly substantively impact figurative work I would think it would to some extent yeah bidding is happening um so that could have an impact um can you do you mind clarifying which comments haven't been addressed so I had asked for there was a drain line along Locust Street that was collecting runoff

from the site new drain line discharging into the right-of-way of locust street with a general note that just says grade great uh to Downstream it was very there was no grading shown so you were adding drainage into the right-of-way owned by the city with no specific grading being shown understood I also had a concern regarding the existing drain line that runs out to the Culvert under route 24.

so there were a number of manholes that I spoke with Josh that survey was unable to open or find that information of what what was actually there so he said he was going to have that looked at and respond so that was because you were relying on this line to tie into and without having that information both the Department of Community utilities and myself can't sign off on the drainage design without

that crucial information right um because I know when they went out

permission do you need to feel comfortable with it do you need um we need all of the information big surveyed information yes it needs to be on the plan so the plans need to be complete if you're relying on on those pipes inverts and pipe sizes for your drainage analysis then we need to make sure that the pipes that you are utilizing and counting on are there are in decent shape and at the right

elevation that you need them to be okay and you feel like you want those comments addressed before we can close Conservation Commission we can't make that contingent as part of the site plan review well I just said that the commission can can do that so I'm giving them two options um however work cannot cannot begin until site plan review is completed so there really is you will not be the

the commission or the board that is holding construction it'll be the process of site plan review and that all is so we give our comments um I gave these comments out quite a while ago and I didn't receive any additional information um so when we send out our formal comments for site plan review again now my comments were for Conservation Commission which the part of the project before you what

we've talked about is very limited however really the most important part because all of the drainage comes into the area of your concern so once we give out our formal comments it would be up for the applicant to respond quickly for us to be able to review their responses so that we can give a site plan review permit as well as issue an order conditions so I I would not be opposed to you

making the condition of site plan review approval and we'll just deal with it in-house let's say that they can get the response back to us in a day and we don't have to wait till next month's meeting then then that's fine but only need to make that determination so now no work would start till it's like no working yeah no one can start we've allowed them to do some enabling work on site already upgrading

some driveway work and uh some of that but as far as the remainder of it no they they can't do any you know substantial work specifically within your jurisdiction until in order of conditions or site plan review is completed would have any questions no I don't have a question but I do have a quick comment um the applicant is one of my stakeholders as part of my normal job so

I just want to disclose that to the committee before I vote on anything okay perfect okay and I just have one quick question as for Paul actually Paul I mean to catch you I've got here but so with the with the work that's been done on crestbook Crest Brook dropping into the Interceptor drain um my only question is does it have the capacity to handle the additional runoff from because presently no no runoff

takes place from Diamond to the Interceptor drain is that correct is the Interceptor during the drain that goes below the highway it's it's east of the highway and it collects any water that comes off to protect students protects the Drink Northwest Apple pond so it so there is currently runoff that comes from the site there's a couple head walls there are yeah one of one of my major concerns that was expressed at

the beginning I'm sure the pipe that conveys from the western side of the highway to the Eastern side of the highway uh has the capacity to be able to take it you know based on their calculations she can speak to the actual calculations I don't think they were planning on increasing it but the the intensity may have changed I just want to be sure that the intercept the drain can handle that yeah

the interception created isn't an issues okay perfect yeah and to address Paul's comment we are reducing the rates that discharge to that pipe that goes below the highway in the 210 and 100 Year storm okay perfect thank you so we would be voting on water conditions improved by the site planning review right you would have a special condition that no workers to begin until site plan

review approval has been completed okay so can I have a motion to uh the work won't continue to the site approval committee uh approves would you want to continue or do you want to issue an order of conditions especially student order conditions with the approval of the site planning committee with that contingency yeah yeah is there a reason for that you said that we wouldn't be

holding anything up if it were delayed if we did it in our next meeting is that correct well there's there's a small chance that within the next 30 days we could provide comments through site plan review they could respond to those comments satisfactorily and theoretically we could get them a site plan review approval letter before the next meeting I honestly don't see that happening but let's give them that chance

okay that's what you recommend I I would recommend the issuance of an order you very strongly unless this is not an area in which I have great confidence yeah I mean as such I mean we we've dragged this entire site is dragged into your jurisdiction really for some minor grading in the outside area of the 100 foot buffer zone so thank you yeah all righty so can I have a motion motion a second

hi hi hi yes all right okay thank you thank you very much the engineer is here for Brayton Avenue if you want to back up or you can continue and hold that at the end that's up to you can I have a motion to bring back uh 1262 Brighton second okay all right

foreign

good evening Jamie bissonnette from Zenith Consulting Engineers for the record good evening Ken Fiola Bristol County Economic Development Consultants so um I think roughly two months ago now right at the at our last hearing uh we'd we'd had some plans submitted uh we spoke to the commission and told you that we'd also be submitting speak a little more loudly I don't know if the

microphone works they should be now yeah just drag that closely again we also discussed submitting for site plan review as well which we have done uh we're in receipt of some comments from site plan review I think most of them have to do with water and sewer for the most part connections I've had some discussions with Dan about those but um in general I think that we've we've come pretty close to having a complete

plan set here um and hopefully looking to issue an order conditions um we did have a couple of items Dan was nice enough to send us over his memo uh for tonight's meeting with agenda items uh in particular there are a couple of things that I spoke with Dan about today one was in the construction sequence we wanted to just make sure um that there was an understanding that the full stormwater basins could not be

constructed until some of the demolition on the Rock is done and you'll see that in the plan set because some of them actually take place in where the the blasting or mining is going to have to go the another one of the concerns that we had was about the operations on site a note on there says that there's to be no processing on site our client does processing of material our client does

wish to do some processing on site this is a construction slash material yard so we just wanted to make it abundantly clear that Our intention is to do some processing on the site and um what was the last concern do you remember Dan oh the guardrail we spoke about the guy rail out on the front so um I'm happy to entertain any questions I don't know if Ken has anything to add yeah

yeah thank you very much um essentially what we're trying to do is just be able to take advantage of this construction season as opposed to waiting to the spring of 2024.

I think for the most part the issues here that have been identified by Dan and hopefully looked at and ultimately approved by the the commission are ones that we're pretty much in agreement with you know the processing and the materials the stormwater utility Basin issue and the god rail issue are the three that are problematic with regard to the god rail that God rail is actually city property that's not

something that's owned or in my opinion should be the responsibility responsibility of the developer there there's a letter that we can submit to the commission essentially stating that that land upon which where the guardrail is located or was located is actually city-owned property as opposed to um to have a privately owned property so again that would be to me a simple issue of just having the water department

re-establish the the guard rail they are supposed to have the private development do that let me give my report okay I just need to back up because there's a couple of other unresolved things Kenny so um we had discussion it's come up at meetings in the past and it's never really been locked down about diesel and I think pretty much this commission I could be wrong we were in favor of not

allowing diesel storage on site that that has not been brought up it is an issue an area that's probably of contention and disagreement and in processing can be a lot of different things right so exactly some specificity with respect to the process because we're dealing with a site now where they we're trying to resolve it's been contaminated as a result of processing operations and we're in an urban center here

so that that's processing is a big thing what would you be processing Rock processing mulch you know sure it's uh that's just a very broad term that needs to be more clearly defined okay understood and it's a small site to be processing to connect to the materials the three large machines one is going to be for broken asphalt and travel the second one is going to be provoke broke full and have pressure there on

site to turn back into processed ground that's the whole process what's the waste product could you say it again a little lower loudly so there's three larger bins on the site one is going to be for asphalt and gravel the other one is going to be from concrete and gravel construction debris then I would take that and process it through a pressure to make processible what do you do with these sidewalk phase

right what do you do with the fines as a result of that operation what are your plans for that you know if it doesn't meet any sort of spec for the gravel then I would like I said we're dealing with an issue now with fines of the processing operation everything's you know it's contaminated out there and the processing isn't for me in the process and grade the property with it is

would you be okay with a condition that states that the fines unusable fines would be taken off site properly disposed of yeah it's I mean it's just a small site for processing right and and it seems like this this this site continues to evolve over time and every time we think we've got it captured properly it evolves again and we're chasing you know we're playing whack-a-mole here and I

don't want to hold up any business in the city and I want everyone to be you know successful in the business but it's a small side it's a confined site and there are things that have happened where we had we asked for nothing to be stored on site then we had Road Milling stored on site and then we have vehicles parked on the right of way have any of those storage cues been moved off the

cities right away I will get out there to check it out but um and again I think we need to have some type of firm grasp on exactly what products are going to be stored out there and we still again we still have to resolve the diesel issue because I know that as far as the diesel is true I'm going to have a diesel storage tank to fill the equipment but it's going to have its own

separate double containment just like any National Grid site imaginative site or cities yeah yeah they're well over here right well yeah right well they're pretty close to the drainage well sure absolutely the drainage Swale on rain Avenue or the one that they need to build the one they need to build yeah

um would you be ready to tell them the specific materials that you you're going to have on site tonight like I said before stands Stone mulch like any material yard that you go to right is there any material that we don't want to see the story out there I think there needs to be a specific list of what will be stored so that if it needs needs to be verified down the road you know

store again these are very general terms storage processing things like that so what we're storing today might not be what we're starting tomorrow so I think we need to look at this and quantify exactly what those products will be stored on site we have the design of the bins how that those bins are going to be set up the role of the natural materials yeah no it matters a lot yeah no it doesn't matter a lot

so if that could be somehow included that they're natural materials we've got everything accounted for for off-site migration uh and you know potentially to mitigate that so this is something new with the processing I just think we need some more specificity I mean I didn't I know that so well okay we'd be able to to quantify that tonight we may be able to quantify that tonight in terms of the processing

these are going to be portable stationary equipment portable equipment and where is that going to be set up because up until now there's been no discussion about processing materials on site you stated that you were constructing a contractor's yard and you needed all of this space for trucks and Equipment now you're not going to put trucks and Equipment now you're going to put crushing machines screeners the

crushing Machines of the screen is Affordable so they'll come in and maybe so where will they go where are your trucks going to go when you're bringing that equipment right in front of the business they're portable the size of the base so they'll come in they'll be there for a day so nowhere in the application was processing material advertised discussed so you guys can deal with that but at

least let me get through my comments and you guys can think about how you want so initially you see my response I'm recommending the issue of an order of conditions however there need to be many special conditions to ensure that the site gets developed properly the first one is that no work that should start until site plan review has been satisfactory completed and approved similar to The Diamond the commission

should specify the types of material to be stored on site and what materials ought to be prohibited this is a very broad range this is not a transfer station or a construction debris processing facility we were told this was going to be a contractor's yard bin material that people could come and buy if you wanted mulch to go work in your yard you could go by mulch but now we're going to have

a rock processing facility located within the middle of it that's for you to decide vehicle equipment maintenance and washing shall take place only within the existing and proposed structures on the property the proposed structure shall include the appropriate floor drains and subsequent holding tanks into oil water separators we've discussed that the existing building would clearly be

grandfathered so anything that takes place in that we discuss we don't think those floor drains in there but but I don't know I Am Number Four we need to discuss processing and materials right now I would offer that processing of any material should not be allowed on site until you can specify what will it be and how big will these operations be we need to take into noise we need to take in dust control there

are many other things that close to a resource area that you need to look at for that type of inactivity which has not been proposed until today so it should be documented it needs to be somewhere it should be documented Suppose there isn't a butter that now looks at this and says well they never said they were going to process material before I didn't have a concern but now if dust is going to be flying

across the Christian River extension part or even onto the rail trail the kind of an impact does that have yeah so so today so if you rent an order of conditions how will you deal with this processing product I I would assume Dan that that you should if there's going to be processing processing materials that should be a separate it should be they've been included or receptified

exactly so I I would I would look I want I want to issue in order conditions I know this has been going on for a long time right but part of it is that we get the information the Friday before meeting right part of it is that things seem to change so I'd be comfortable with an order of conditions but there has to be a separate filing for processing because

this is just there's a lot to this um and I get it you're a businessman I could we want to support business people but this is a lot and I think this needs to be taken out and taken separately okay um the processing equipment project they have their own dust controlled built into the system so it has spray bars on the conveyors to keep all the dust right and I and I don't mean to be

disrespectful but we ask for materials not to be stored on site and then they work right so and they were moved when they arrives right but after the facts just so just on the uh on the processing issue um the way this is written it says now is set up the commission should specify the types of material to be stored on site and what materials are to be prohibited that's material storage in the bins in

the bins there's nothing to do with processing okay those instruments so what what materials are you prohibiting let me get through the rest of my report okay revised plans should be included that again had to deal with the guardrail along Brighton Avenue until the applicant came out and cleared that Swale with vertical walls a guard rail was not required so again stormwater Management Facility or conveyance where

the head wall was while Ferlin can probably offer what condition that should have been so it's the condition that is a result of the activity of the applicant of it being a sheer wall now requires the insulation of a guard rail yep I didn't change Elliot in any in elevation you didn't clean anything out of that soil I didn't change anything did you change take anything out of the swell because now it's got a vertical

wall where before it was kind of filled with stones and it was full of well it's full of stones but it was not allowing any water to infiltrate and so what happens is you had a pool it didn't have vertical walls it had it was a vertical it didn't have a vertical wall because it was full of stones of trash right Stones right so no water was getting through there so what happened is you

had a puddling situation on Duval Street like Susanna Braden Avenue where planes were hydroplaning when they hit that puddle during storms so as a result of cleaning the Swale that's no longer occurring so the Swale is actually performing the way it should have performed when it was initially constructed albeit it was very poor construction so the only thing that was moved from there was trash in the stones

the stone right but that's the city's property absolutely so the city should be responsible for it okay yeah we can different opinions oh no I'll definitely differ on that one because that's the city's property if there's an approved then the city should have maintained that property so as to alleviate the traffic situation which they failed to do and as a result we had accidents there

and it was so I think we should really give that some serious thought I wish I wish Paul was still here so as we got some of the comments in from the Department of Community utilities one of their comments specifically that you would like to deal with would be the actual design of the bins to ensure that runoff for whatever material is in there is not directed and we talked about it a little bit that the

grading puts all of the water towards the front so that it could run through the drainage system so they they asked for a detail of those storage depends most of their other comments had to do with the sewer and water extensions and the separation of those utilities all the way up to where they need to tie in so lastly I think again so that we don't have a Bell Rock Road too there has to

be a very specific construction sequence that explains how this work is to be done I've laid out one that I would propose but this is up for for you all to vote on and to discuss working the way out of the property from the Wetland restoration area first and then work your way out as construction work gets completed it's important that we put these conditions in place so that this does not become a ledge removal

operation and no building ever gets built no utilities ever get built so this has to be done in a way to protect us from this not happening what happened before under three building permits they were allowed to remove ledge by city ordinance they removed the ledge and then walk away from the building of the three structures so now we're left with a ledge removal operation and from

day one we made it clear that this will not be the case here again I don't vote this is these are only items for you to discuss and craft your own special conditions one thing on the processing if we're gonna trust me no no I'm just putting this to the commission we're going to approve this you say an asphalt and concrete that should be the only thing we approve and you were talking about a list of

what we don't want we don't we can put a list but we can leave things out anytime if he does want to change he wants to add something else each time he should come before us rather than having a list of what we want and don't want you 100 don't want the processing of construction debris correct I'm not saying anything wait I'm just I'm just talking about what's being proposed I'm sure he's going to want a

screen long nobody's mentioned screening well then that has to come back again before right so that's what you need to discuss yeah they need to propose what types of material processing they're not getting a permit that says we're going to process well that's what I'm saying he's we just got to be specific on what he wants right now and any other time if we did approve this any other time he

wants to change but add something else every single time you'd have to come before us because I can't I don't think we could put a list of what we do or don't want all right history has shown that chase will be on so I understand it listen and I I understand everything makes a year listen I under I understand that but I don't think that that the this particular petitioner should be held

responsible for things that occurred on Bell Rock Road well I wasn't here at the time okay but I can tell you so this is a totally separate project this is not the bill Rock Road Project we have something that cable for us and because Bell Rock Road was an absolute nightmare which I understand here we have a applicant that's trying to work with the city in good faith to try to resolve things it's not that

there are any questions we certainly need to get those results but it's two different issues right that experience with Bell Rock Road let's not hold this guys and I completely have a question though you've been here in front of us uh I don't know how long now so why were we not told in the beginning that it was going to be moved from Storage to a processing facility this is the first

time I'm hearing about this so I think that's what this commission has a problem with the size of that site there is right next to our resource area it's a small site and I mean for me personally I feel like there should have been more transparency of what was going to be taking place there I feel like you've taken you know steps to uh to come up and you know be here now and say

now it's going to be a processing site instead of a storage site and I feel like that was maybe the plan the whole time I don't know but I mean you guys were not really upfront with us and telling us what you you're going to do and I have a big issue for processing material there and what Chris is saying and what the city agent is saying 100 agree with them

you don't have my support on the process what do you agree with just so it clear I don't I don't agree that there should be processing going on over any processing at all well no not the way this that you filed for this noi okay so if we separated the processing from this issue we could get Conservation Commission approvals and come back as of now there would be no process it could happen yeah

no no no I'm just bringing that up

should be a discussion that we should have you know separated from what's here right now

a pressure will come in for six hours maybe once every two minutes okay that doesn't make it a processing facility Well processing does take place but let me ask you a question where would these materials be coming from raw materials for processing from different job sites so why couldn't they be processed on the job site if the machines are portable why wouldn't you process them on the job

site right there then you don't have to train then you're transporting the aggregate as opposed to the raw material because the small job sites that you do see a sidewalk you're not going to process 60 feet of sidewalk on site okay and these can you mix will grow across off-site because there's no room on the side of the road to process that material right I think the issue is this is all

processing is brand new to all of us as of tonight brand new to all of us and I and it's not it's it's not something we can approve an order of conditions tonight but it will not in my opinion it will not improve include processing yeah how about we take the processing materials off the well they're not before you they're not all you can do is prohibit it in your special conditions I have a

concern and it's not a Conservation Commission concern whether processing materials is allowed by zoning in this District so Trucking terminals are and we looked at that when the initial submission came in now through site plan and review when we give our comments that will be one get a letter from the billing inspector that the processing of materials on site like this isn't allowed use

processing a materials inside a building is fish process well I think it's pretty well is it commercial District commercial Mill District yes I think it's pretty open-ended so we need a determination right and that'll be done through site planning correct yes or through this through the zoning officer yes correct correct yeah so on the ledge removed that is that's a construction activity completely

different so we're going to process that Legend absolutely but that's construction activity to build your building that's why you're building a building right so it's not just a ledge removal correct lead removal would not be allowed if you were only if you talk about this day one if you were only going to remove this ledge and not build the building in its place you wouldn't be removing this ledge

do you do you have I mean yep you're a pretty big company right do you have other sites that you could uh handle the processing operation well I'm just saying do you have another do you have another area another location where are you presently house your vehicles one Middle Street it's down the bottom yeah okay on the guard rail Paul could you answer this uh being at the swell are you in

charge of the guardrail on that who would deposit judges everything

be when it was vegetated it wasn't as much of a physical visible Hazard now that it's open it is a physical hazard so and it's on City might not be a visible housing but it certainly was a traffic accident because the water was backing up and pooling and causing hydroplaning if you do if you provide the rail I'm sure they'll install it on the Water and Sewer extension uh building permit that's been issued already

no just starting out that's that's recycling okay okay so I'd like to make a motion that we issue on order of conditions excluding processing materials that that be a separate filing and that we follow Dan's recommendations with respect to construction sequencing um but are there any materials you do not want stored in bins stored in bins not processed talking about the salt over here okay yeah he wants this is

right no no I just put it out there because I want to try to we we just well maybe can we would like to raise a different issue and we got let's do it you know when we talked about zoning so now I've been up there three or four times four now this actually was the first time I've been there in the sunshine believe it or not because it's been already spring and summer

I was struck by a couple of things I have not fully realized how close is the quickest hand River we are not talking the parallel with with the Bell Rock Road it's not I don't think was not we're not that close to the water we've got some wet ones there but we're very close it looked to me that if stuff is spilled or stuff is filled and rolls drips is

carried by the water it goes in the quickest River goes downhill and right over the the Gap there near the big

25 but you went back 35 feet so um how close will you be well it varies depending upon location well how was the closest you will be um I believe the jail was right it's going to be at least about 35 feet what we're doing is instead of right now where the pitch goes down towards the water instead what we're doing is we're creating a low point before that so it

would have to go into our low point and then through our drainage and treatment system which is shown going around here and going around here so we have to go down through that it would physically then have to go uphill to then be able to get towards the water itself the closest storage bin is 50 feet and that's the guidance that you gave the applicant at a previous meeting that's

right within that 50 feet they have a 25 foot area that they'll be restoring then they were allowed an area for storm Water Management Systems which is the drainage swales the infiltration trenches and detention ponds the storage of material does not take place within 50 feet of the bvw yeah we modified it at your request I'm dealing with an older plan okay there's been a lot of changes in this

yeah but to me the big issue a second big issue this has not been discussed at this as far as I know at this meeting until tonight which is the is it okay to remove the Rock yeah the ledge I mean is it legal I don't think I mean it's not my judgment it's it's a beautiful sight it's an absolutely gorgeous place in spite of some some stuff that's there it's an absolutely beautiful spot um

in uh clearly it's going to be if it's used for the current purpose The Rock will go and it won't be as nice so I'm wondering if the if it is in fact legal to go up to take the Rock Away Dan wasn't alleged outside of our well the majority of the ledges outside of jurisdiction however I think only maybe the maybe a small portion of the Northerly Edge might be

within the buffer zone yeah but what's but what you need to understand Reverend is that the Conservation Commission oversees the wetlands protection act and the performance standards associated with it that's that's your teeth that's all that you can impose so over a year we've worked with the applicant to have them meet those standards we now need to tidy up some of the eyes darkening of eyes and crossing

of teeth the ledge removal is governed by city ordinance where if it is in conjunction with the construction of a building the ledge removal is allowed and leaving if there is no building you couldn't just come to the Conservation Commission and ask to remove ledge that's why we are proposing conditions that make sure that a building gets constructed thank you but as far as the performance standards

of the wetlands protection act and storm water runoff the applicant has provided everything that we've asked for we now need to be specific with it can't just be General you can store whatever you want in these bins who would be specific because it could be uranium right but if I don't I couldn't we get away with don't remove any Rock no you don't have the right to do that see

I don't think you do but correct I'm searching for you know I just um this morning he said this is primarily yes that's what all the trucks on the plans are of where they'll be parking and maintaining Vehicles so primarily it's a trucking business so that will utilize these bins for materials that they truck right so that this is it looks to me as if you've got the site we want to store the trucks there and

you want to carry the stuff back and out and so forth from the bins and probably use the trucks for in other places I understand that gentleman this morning said that it picked stuff up in the Tibetan Place materials and delivers it um and isn't big enough it isn't big enough to um for all the trucks without taking the rock away well they're getting a building permit so they can take the ledge away they're

going to build a building there they need a building to maintain the vehicles as well and they weren't going to take the put a building there they could take the ledge down yeah I mean I mean so the Lynch go

let's go the applicant has the right to propose what they need to construct to operate their business I guess I maybe I'm not talking totally about rights but I'm look soon the right shoe getting away right

I mean I look at the map as carefully as I could so now the the problem is that as I see it if you're whether it's processing or truck scripping or I was assured they'd never drip right uh that you're very close to the river I'm not sure that this I'm not sure that your system will work if it doesn't work then what happens is the stuff goes there and then I guess it

goes down the Atlantic Ocean and we we all eat the fish when we get fish and chips at hixson's I guess we did we did review there the drainage plants yeah so many months ago and everything was up to spec on as far as I didn't believe totally believe it then and I still don't believe it but that's that's what I wanted to say okay all right okay I'm simply concerned with all the changes and yeah

so with respect to the materials being stored on site in the bins could you provide us a list of what you will be keeping on site we'll review that list because again we can say this or that it not may not fit your needs right right so if you submit a list to us we'll review the list we'll decide yes or yes for these and not for those but you provide us that

list and that's what we'll hold you we'll make the rest and come back at the end of the meeting so that we can get this resolved tonight sure and it doesn't happen we can we can put that as a condition within the order of conditions that you will provide a specific list of materials to be stored on sites you don't have to run out and make a list but we can make that so we

can get you the order conditions that you need so you can proceed because it has been almost a year so yeah yeah I'd like to get an order given tonight so whether it's conditional upon I just don't want there to be a list that somebody box on listen I think we all want to get on the same page right but you want to want to take 30 minutes to make a list it

shouldn't be that different I have one more question if you don't mind um as far as this will the rock that was there that was removed completely no so the rock is still there okay yeah just the trash is removed and now what why do we need the guardrail again then because it's exposure pictures to drive in yeah so you got to pull up the roads we're going in so there were no cones up

previous and for the history of time that that it's been in existence as soon as it was cleaned out thank goodness the applicant put up some cones to alert people to the fact that was there cones are a temporary guardrail so somewhere along the line a god rail needs to be installed so why was the guardrail not there previously when I don't know it was not there because I don't think

it was a sheer wall I think I think the Swale became so overgrown that it was it was compacted right so there was no water that was going through there for you know for any sort of release so what happened is you wouldn't you wouldn't drive into the Swale because it was almost level now that the Swale is performing like a Swale should perform like because of the removal of the trash and the yes because

they all need to be maintained right you have to maintain I'm just trying to figure out if there was a guard why the first place that was in the garden why is that a guardrail be installed and then we'll argue about who installs it how's that yeah yeah well they're willing to install it they just don't want to be responsible for stuff that the city should be doing and we have this conversation in industrial

park all the time with the swales up there as well so it's just no I'm glad that they cleaned it out I'm just trying to figure out who has yeah who's going to pay for the guardrail and how that comes out actually yeah and actually they should be looking at that whole Swale system because even the Swale and estate side you don't deal with the states I know but that's that's not

cleaned out to this day that's not fun the whole thing is not functioning the way it should you know but that's in a whole other issue something second hi thank you all right wait a minute does anybody in the audience have any questions does anybody have any questions out there okay yeah Yeah well yeah no just to table it to later in the evening what is the vote we're coming

back with the list I gotta go make a list of materials okay okay all right well yes on that and you know the item zero four is here right judge Street yeah good you want to stay on the whole business and don't judge before we had tables until they yeah I know well these old business was still on it so I figured yeah so we're gonna go to o4 yes all right

all right o4 notice of intent is a dash 24 28 28 825 Antonio Almeda 38 judge street so this map is y-09-0010 wild applicant uh proposal construction of a single family uh house table from July 10th to state your name and sure John de Souza from North County group decision against her uh John de Souza from North County Group Inc from where North County Group Inc okay thank you so gentlemen um

the applicant estimator revised plan minimizing the amount of work being done now building a small addition off the back of the home still within your jurisdiction I would recommend the issue incident order conditions with the only special condition of completing site plan review as we have in the others yeah I didn't see any problem does board have any questions none no okay anybody in the

audience questions any questions from the audience okay can I have a motion to issue some order conditions uh with the completion of the site plan review hi all right all right yes aye aye all right thank you all right thank you item one in the new business all righty uh request for certificate of compliance se-24-761 owner applicant Department of Conservation Recreation project location couple cup road

19-0010 while Department of Conservation Recreation requesting a certificate of compliance sitting at work regulated above reference to order condition has been satisfactory completed anyone here for that I don't know anybody if there's anyone here but I recommend the issuance of a certificate of compliance can I uh have a motion for certificate of compliance motion to approve CSU oh just one quick

question so they didn't complete all of the punches they only completed three out of the five is it yeah um well I mean unless you want you don't have to issue it um they would they would then need to come back in for if you feel that what was left out was the overall factor in why you approved it they will have to come back and file again for anything they did not

complete if you wish you a certificate or you can table it and we're going to wait till they I thought somebody would be here yeah quite honestly I it personally I've seen the uh East and end of the trail work that was done and I have some concerns about what I saw um I mean a clock field Trail so I have not gotten to see the West End where they install the bridges of the punches

I have spoken to a couple of um people from the association that was advocating for the extension of the trails and I'd like to be able to get out there and see exactly the work that's been completed before we approve it because if you recall I had to abstain but I had a number of questions about the work they were doing I would draw my motion then yeah um get out there and like I said I've

walked part of it but not the entire thing I have some concerns about how they've laid out some of the trails right now um and then of course you know the enforcement issues out there but that's not really part of this issue so I I'd recommend we table it until next meeting I have a motion table motion to table second hi hi yes hi hi all right uh next uh review and discussion

memorandum from out of understanding uh submitted from the Department of Community utilities for conservation commissions we're doing for all cares custody and control of portions of property known as rondack farms located at 1046 Blossom Road good evening Paul Ferlin administrator of community utilities so what you have in front of you today is amendment random of understanding between the

commission and Department of Community utilities DCU which is my department this is in relation to uh the land that we purchased known as Adirondack Farm hello the plan is to turn that into a a Discovery Center a via Reserve Discovery Center out in that area we were in front of the commission Pariah in relation to uh this property and uh portion of the property needed to be under the care and custody of the

Conservation Commission when it was purchased due to Grants that we got from the state for the land grant so we took this parcel made it into two the seven uh seven plus acres which is on the water side of the property and then there's two plus acres on the uh on the Upper Land side towards Blossom Road the memorandum of understanding essentially uh you know water department and the partners of the bio Reserve plan

on having a presence out there at the Discovery Center moving forward and in the future what we'd really like to do is uh the Conservation Commission allow us to be able to take care of and maintain that property uh in the bat that's undergo care control and custody we've done this with other properties before within the watershed area that needed to go into the care and custody

of the Conservation Commission and then we do an mou back to DCU for the maintenance of the property since it's in our best interest to be able to maintain this property the property is also going to uh it's going to have a conservation restriction which we're going through right now getting that conservation restriction in place uh it looks like the uh Trustees of reservations will be the holder of

the conservation restriction we've already done the preliminary preliminary Baseline on the property uh and they will be uh we're working with eoea to finalize all the talks within that uh conservation restriction now the other thing that will be on the property also uh there was CPC funding used for this property so there also is a restriction from the CPC for this portion of that whole property

on the uh property now uh will we get a report uh how maintenance and everything's going or how does that work on um yeah if you wanted maybe yearly report something like that we could we could uh have our Forester who maintains uh all of our 4 500 Acres uh do a yearly report to the uh Commission in regards to this property uh any activities that we've done out there uh anything that

we've done you know this is going to be a space that's used for Passive Recreation uh so some Trails uh there's a cemetery located on the on the property uh it connects with some of our other stuff so um you know in the conservation restriction is very strict on what the property Canada can't be used for but if you wanted to put it in the mou that we provide a yearly activities report we

could do that just to keep us updated since does the board have any questions so is this NYU basically to satisfy that Grant restriction is that why um it's being uh so not necessarily so the property is owned in under the care and control of the Conservation Commission the Conservation Commission doesn't have uh ability staff or anything like that to be able to maintain the property mow the

fields manage the trails manage the signs be able to you know approve or disapprove uses and stuff like that so that's what this mou would would allow DCU Department of Community utilities essentially the what type of water board to be able to do okay um yeah I would think that um what the chair has said about the mou having some type of yearly report I'd be for that if the rest of my colleagues would agree to

that as well okay so no further questions uh I just have one one US of course support the what the strongly um would you object to just when we approve it we have a stipulation that there be a Cause reservation restriction um that's fine if you wanted to make that stipulation again it's going to be with the conservation deed restriction that's going to be in there right right there will be there

will be there will be already be two uh one to the CPC account information restriction uh and then there will be um the other one that is uh managed and uh maintained by the trustees that's the one I'm I'm making sure that occurs that's all I've yeah so so once it once that's uh finalized and uh and put on record we can make sure that the commission gets a copy of that yeah that

so is stipulation do we get a copy from the of the dean yeah all righty uh so can I recommend the acceptance of provision with Conservation Commission uh has no fiduciary responsibility and that we get a report to us once a year on conditions and and that'd be a concept and the we could have a conservation restriction on file motion motion motion accept second uh hi hi yes I I thank you very much thank you

thank you uh next you want to take item number four only because it's for Paul as well okay it'll be quick can I have a motion to take item four motion to take item four out of order so move uh seconded yes okay uh four is request certificate compliance se-24-700 owner applicants fall over Department Community utilities project locations President Avenue Oak Grove uh Cemetery David Street uh assessors map is

p-04-0056

p-24-001-002003004005 and p-25005 p-190053 and p27001 and p07002 and zero zero five five by the forward Department of Community utilities requester certificate and compliance stating that the work regulated by the above reference order condition has been satisfactory completed would have any questions make a motion we issue a certificate of compliance do I have a second second hi hi hi yes

aye aye thank you very much thank you okay back to three notice of intent owner applicant rigor releasing LLC project location is Ws rickenback Road this is map z-03-0099 followed by Northeast engineering consultant on behalf of applicant the applicant proposes to construct two Commercial Warehouse buildings and Associate access driveway and utilities on the west side of rickenback road in Fall River Mass

access to the second building requires a Wetlands Crossing which will result in four thousand square feet of bordering vegetative Wetland altercation and replication um did we get a file number on this no not yet but you can allow the presentation okay good evening for the record Jeff Allman from Northeast engineers and Consultants he had tonight representing Regal Leeson LLC the applicant for the notice of

intent that's before you uh just to give you a little history of the site and what's been going on um we have been before the commission before with the site to have the Wetland line approved therefore the Wetland line that you see represented on this plan has been reviewed and approved by the Conservation Commission so we've got that locked down the site itself is the first big lot behind

uh Robbins manufacturing going up rickenback road as you turn north from Airport Road as you can see on the plan what we have is we're dealing with two large Upland areas on the the overall site is 22.3 Acres each Upland area that we have um uh six plus acres in size right around six and a quarter Acres so what we're looking to do at this point is we've been kicking around there's been so many different

variations of plans that we've had for this site what we're trying to do is to pin down uh almost unlimited work at this point before we can finalize design so the reason I wanted to come in tonight and that was not expect an approval I know we don't have a dep file number I know this was just kind of dumped on Dan at the last minute last week like this

final plan and I know he has some concerns uh legitimate concerns that need to be addressed but the reason I wanted to come in tonight is just to present the plan show you what we're looking to do and hopefully establish uh the limits that we can find to the fine-tune the design work within and get the plant to a point where you know it'd be acceptable to this board and also moving forward with

site plan review so what I can quickly do is go over the plan um just before I get into that what we're trying to do is the limit of work that was shown on this plan um we're maintaining a 25 foot no disturb Zone going around the parking areas the building areas access areas and all that around the detention basins we've gone down to 10 feet which I understand has been allowed

practice by the Commission in the past and all we're trying to do is like I guess any developer is trying to do is maximize uh the use of their property which to me in this location being up in Airport Road is is kind of vital um one of the main issues that we have to deal with and it's been a real problem is the grading associated with this site you know we have you know the lodge

Wetland it cuts with the middle extends on the North side in between you you well on either side you have these two large Uplands but they're not just a couple of feet higher than the Wetland uh we're talking the Upland area on the south Rises to about elevation 198 uh the road being at like 162 or 164 in that area so it's a substantial grade change uh the Upland on the on the North

side goes up to about elevation 186 and I do understand what the planet you had before you tonight there was a layer that was left off which identifies the existing Contours and so you'd probably be looking at it and can't make you know sense of which is which so I just wanted to point that out to you before we got into it so basically just to quickly go over the plan what we're looking to do

is is to install one access road that would provide access to through buildings to manufacturing style buildings with some office space within um the buildings um what the the the one to the South would be just over five thousand I'm sorry fifty thousand square feet an area uh the one to the north which would be divided into two units we have a total about 75 000 square feet uh the

associated parking areas that we have do um it doesn't really show up all that well on the plans that you have before you but it does accommodate the parking required by the city of Florida zoning pool uh so we're we're confident we have adequate parking um the idea being again with the one access way you'll be coming in at the southern end of the property in this location coming in and provided access to the

first building to be full circular access going around the building with a loading dock in the back in this location here the second access even though it doesn't show that way this is an error on this presentation plan this is a road which should not be green uh the axis would be through the Wetland uh there'd be a little crossing here about 10 to 15 feet in width about 600 square

feet in area to get over to this Upland Island that we have and then the cross onto the the main uh Upland body on the on the North side that would be an additional 35 3600 I'm sorry 3000 square feet of alteration about 75 feet in width and that would provide access it would be full vehicular access around that building as well we are utilizing a number of retaining walls which vary in size I

want to say the maximum height of any one retaining wall would be about eight feet most of them are in this four to six range and you know due to the the existent Topography of the site they are necessary in order to get this site to work we tried to you know grade it out as best we could and eliminate the retaining Wells but unfortunately they are necessary on this site um but

it in my opinion uh they do form a nice permanent barrier between the Upland area the usable up in the area and the uh the Wetland the adjacent Wetland areas same thing with the detention basins and the um in the slopes that we have graded around the building so when it's all said and done when the site gets developed there will be some you know natural and man-made barriers that would prevent any

um you know disturbance to the Wetland to the adjacent Wetland areas so you know with that I'd be happy to answer any questions that the commission might have but again on understanding that tonight the only thing I'm really trying to accomplish is to lock down a limit of work let you know if you've got if you have any concerns with uh proximity to Wetlands and different things shown on the plan we can

certainly address and move them forward okay does the board have any questions see Dan you had some I have a number of comments that I can I can and everybody have discussed with Jeff a little bit some of them that that he and I can work through and as well with dep I think the main concern is that the commission should provide some guidance um if they're okay with the reduction in

the 25 foot no touch policy around the storm water management facilities the applicant has gone to the extent of even constructing retaining walls to ensure that that no touch zone is maintained around buildings and parking facilities however drainage structures I was not here when that policy was implemented I don't know if that was contemplated for stormwater management facilities in the

past we have allowed development closer when it comes down to a stormwater Management Facility encroaching in that 25 feet so I think that's really the only guidance that that you can give Jeff this evening okay so if we went to State at 25 what would you lose parking well yeah we'd have to relocate the tension basins and conceivably lose parking um or you know billing area um there's a good chance that once this is

all said and done the limit of work will be reduced slightly this is kind of the maximum this is kind of maxed out as best we can I mean we have run through the calculations the the tension basins and Outlet structures that we have on the plant have been sized uh to accommodate the 210 25 and 100 Year storms so we know they'll work but they're you know there's one detention

Basin has about a foot and a half of free board um the other one has a foot which we typically like to have um but I mean those could be lessened if need be to maintain the 25 feet shorten up some of the slopes when you're using riprap or doing something so they're three to one slopes required on that Wetland Edge side because those are the kinds of things I think that

Jeff's looking for all right so I think as you know you're not voting but yeah but you could pull it let's say that if if the board is comfortable with 10 foot no no touch zones when it comes to relations of stormwater management facilities and then they were there still needs to be tested so there's so much work that needs to be done on this yeah um but that little bit of guidance will be

productive I think yeah we're kind of not going about it backwards but obviously the biggest concern with this particular site is the environmental issues um that's why we felt the important important to come in here first get some feedback on that and then proceed with moving forward and finalizing design site plan review and then you know getting this commission a plan that could be voted upon

okay so Jeff it looks like they replication area is going to be slightly larger than the um altered correct yes about 400 square feet yes yeah it's about 3 600 alteration just over 4 000 for the replication area what's and what's that going to look like in terms of is it it's going to be an exact replication of what's there now there's a plan I'm sorry no it's okay I

can look it up yeah uh it's a pretty standard planting detail that we use uh there's not where that replication area is it's not a huge grade change so it'd be easy enough to pull it back get it down to the level where we need it provide the plantings and I have no doubt that that would be successful in that area any other questions audience anybody in the audience

all right can I have a motion to uh table well you've got to give some guidance oh okay all righty does anybody have a concern with some water management facilities being as close as uh 10 feet to the bordering vegetated well yeah okay yeah I do okay that's all that's all we asked was your answer all right anybody else I would be okay if they added uh other things that you said they could uh okay

be fine we'll try it well let's say this a reduction from the 25 foot so let's not pin it down to 10. yeah potentially a reduction in 25 yeah taking into consideration some of the things we've discussed I'd like to see it like at some point before we oh of course yeah absolutely yeah Yeah so basically I'm going to start at the buildings now and kind of minimize the parking that I may need it might be

a little bit more than what I actually needed out there that I'm showing on this plan so if I can pull a parking back a little bit that could enable me to you know make these spacings a little bit smaller but this is again this is kind of like a worst case scenario maxed out approach okay and everything needs to be more retaining walls then there's more retaining walls any other suggestions

okay motion of the table then yep motion seconded local I I I yes hi hi thank you thanks Mr Jeff's here I think for the oh yeah I was here for the next one yet or no it's not the next one it's the one after um David Street okay if you want to you want to take him out of water can I have motion to take uh item six out of order and we shouldn't

take out Auto second all right all right all right yes all right uh with questions specifically to compliance is se-24-514 on our applicant is Leo Souza uh project location 106 David Street accessories map is p-24-001 filed by Northeast engineer consultant on behalf of applicant the applicant is requesting a certificate of blind stating it all Disturbed areas within the established work lemons have been stabilized

so board members we had requested that we get a revised plan that illustrates a drainage easement that had been conveyed to the Department of Community utilities which was actually part of the last project that Paul had just asked for his certificate of compliance for and that and the letter that was provided from the professional engineer I would recommend the issuance of a certificate of compliance this is a home

that was constructed a number of years ago been in existence I don't know what's 106 maybe this this just came to light as the project the home was being sold and the uh the closing attorney for the for the buyers Bank required that the certificate for compliance to be issued so sometimes these things work so the homeowner was unaware that it was replied so which you see quite a bit

so we got the uh the letter and everything we all said on that yeah okay so can I have a motion to issue a certificate of compliance so moved second Rocco hi all right hi yes hi hi okay thank you thank you thank you

does the board wish to go back to uh 1262 and we're going to move on to finish new business yeah that's pretty fast all right number seven they've had an education tonight of the Conservation Commission already they don't need anything yeah okay you can stay sitting so we were on item now

24-723 owner of applicants East End Sportsman Club project location 100 Sportsman Club Road Celsius map is y-09-043 filed by applicant the applicant's request an extension of order conditions the applicant is ex requesting a one-year extension I recommend the issuance of the order we can leave why didn't you come forward no you can just state your name from there that's fine yeah okay well I can't hear him okay

it's my neighbor anyway I mean oh okay

nice neighbors huh yeah you were right yeah well it's still a neighbor I guess across the woods that's why there's fences that's why there's fences Jim did you have a certain question you wanted to ask no I just wanted to ask what's it's an extension of what work okay two years ago we got approval on as you mentioned SC it's 24 7 23.

we did two two walls two sides and that covet hit and therefore our membership Plant World dances and all that they just started up this year we just ran out of money to be honest with you oh I understand so now we're at saying we've got two more sides to finish and we like to finish those so that's why we're asking for an extension we board have any other questions I said we had always October

30th I think with this one and we might do one wall goodbye then but we need more time to do the law school office bro okay besides you want to come I'm a one-man band and my wife else will be out yeah I make a motion we recommend the issuance of a one-year extension second okay I I um the SC side well it should still be up but yes yeah okay you're all set thank

you thank you all right I'll get that fence so uh back to item five uh discussion of Bell Rock Road restoration soil testing required by Commissioners oops well discussion of Bell Rock Road um there's someone here from Bell Rock Road so if I can't commission members I'll just read you what I have to offer tonight before we have a discussion with the applicant and we we did reach out and request them to come

so that they could be part of the discussion if you recall um a few months ago we had issued the order to vote and that required some soil testing be done on the fill material that had been brought into the site that you all had questions about so the soil testing that was required by the commission has been completed and indicates some level of contamination contaminants present do not seem to

exceed the minimum reporting limits to mass dep th the commission should require an LSP opinion letter from The Firm that performed the testing and that all testing should be formally submitted with the appropriate signatures chain of custody Etc the commission may also wish to utilize the services of their own LSP for review comment and guidance on the film material so after a few months of continually asking

for the results of the testing and not getting it I reached out directly to the environmental firm with the woman that I had met that day doing the testing and she sent me the report directly I forwarded it all for you back at that time and it elaborates on the types of material that were found in the film material anywhere from arsenic barium cadmium lead aromatic hydrocarbons BPH Target compounds

everything was found in at least half of the holes I was personally on site to look at the excavated materials if you remember when we started this conversation we had a photograph of some film material that we had seen on site contained some stumps some earthy materials some concrete and we were told that that material was not being pushed into the hole well on a few of the holes at the very

deepest portion of the excavation directly adjacent to where we saw the piles that material was observed at about eight feet buried below other film material so not only that material tested positive this is all material sitting in the water table the the what appears to be clean fill and we were told was clean fill throughout the rest of the site also contained a number of these contaminants

now it's very important to understand that these laboratory results show that it's present if it exceeds a certain amount then that's a mandatory reporting to dep it did not hit that level of contamination being present however I am not an LSP I cannot provide you with that guidance of whether or not the sheer presence of these materials is okay so one the environmental firm that did the testing on behalf of the

property owner which it wasn't even the property owner it was G Lopes Construction Inc who I think was doing the operation the property owner is I believe Bell Rock Road so I would recommend that we get an assessment from the environmental firm and their opinion in writing to the commission as well as seeking out a review of this 51-page document of the testing that's that that's taken place

this is beyond any of the other restoration activities that have gone on observed not observed so I'd like to keep we can talk about anything you want tonight however I think this needs to be addressed first with regards to this film that's all right yeah I think we should uh look have our own LSP review before we move on independent on those questions no I mean I mean we've been assured time and time

again that it was clean Phil it was being brought out there and it's obvious that was not the case in addition to that I don't know if Dan received it but someone sent me a video one about and one of our most significant rain events this summer completely failed erosion control sediments washing across Bell Rock Road yep um catch basins That was supposed to be maintained not maintained I mean erosion

control is supposed to be maintained not maintained and we we keep we continually deal with this issue at this site and we asked for something to be done issue of cease and desist it doesn't get done it took us years to get a gate put up an appropriate gate put up rather than a rather than a pot from a piece of heavy equipment tied to a dog cable I mean it's this it's ridiculous and and I'm

I'm I think I've said it the last time I thought I'd run out of patience I guess I haven't this is just unacceptable so um something I want to note also in the letter from Green Seal environmental the very first paragraph is that the sampling event was conducted in order to identify potential soil contamination contamination associated with historic filling at the property I don't think

this can be characterized as historic filling I think it should be recent filling um and hopefully they'll they'll address that also their their Narrative of what types of material some areas of wood waste type fill were encountered in the northeastern portion of the property at depths of seven to eight feet we observed it I deserve that I have photographs there was concrete blocked there were metal angle irons

house plantings yeah it was stumps you know wood so it's mulch it is of great concern but I think you can let the I know the applicants have anything we just wanted to be here to listen if you don't have anything to add then you don't have to speak but if you would like to add something by all means do so but I just want to say that we did not bury any stops there there

was a load there and you guys everybody seen that we hauled that away I did not bury any stumps and I when we did the test I don't think we've seen any stops were there were there any pieces of trees that were buried I considered that a stone well I don't consider a stump I like I told you it was Loom screenings well the top three feet of himself

well I mean I look I went out there I walked the properly I picked up pieces of brick it's a party we screen a lot alone and that's the screenings that we mix with the Sandy subsoily fill your phone filled in a Sandy silty film we screen a lot alone all right well that's I mean I've been up there it's rock it sticks it's it's uh well there are two different kinds of material out

there the material that that we're discussing that you see throughout the site and between four to five feet the material below seven to eight feet that's sitting within the groundwater that contained Steel concrete wood debris whether it be stump or branches or trees themselves and I I think you were fairly surprised to see it yourself when we found those steel yeah you know piece of Reeboks like that

yeah but we did not go out there and bury Demolition and and material have this level of contaminant when it was buried no because I know no it was it was all for that it was this was clean fill not at all okay so with the so I mean I'm just curious why the request for the results to Dan had to reach out on his own to get those results I don't understand that either

I think the initial confusion was over the fact that the we used a different firm the engineering firm that we used for the order of conditions so I think Dan was originally reaching out to Carlos from CEC I reached out to Carlos and you right asking for the results regardless because I have no affiliation with green seal I personally I can't believe they just gave it to me when I asked for it no

Victoria called me and said can I recognize absolutely but it I thought they had already had that and we had asked we had asked for this material from your representatives your attorney and your engineer who designed the plans and we we thought the engineer would released it because we did authorize it so it was just a miscommunication seems to be a lot of that with this section communication

a silt fence and all of that I make trips by idea to make sure that it's still standing still eight wattles are up in place and steak but they're not they're not functioning they're not functioning appropriately I'm not I mean I've seen it I'm out there I've been out there too quite a few times they're not functioning as they're supposed to function the silt sacs and the catch basins we've replaced

them and we haven't had a I haven't had any activity at that site since the last time we replaced right but we're still dealing with bad dirt for the majority of the site that we can't restore now because of the the contaminated material that's put in place I mean I thought we did everything to Stone the driveway like possessed you did a number of the items which which member Boyle stated we got in the gate

but but it took years to get it done yeah it took years to get it done and I'm not trying to be difficult I'm just if we can let's focus on the on the material and how you want to act on behalf of that I'm of the opinion that we should seek a LSP opinion uh just to provide some context because three different groundwater categories and on the face of it would seem like a gw3 area

um so we make it non-reportable to DP all these concentrations uh support in the lab would not need to be reported or not not present a reportable condition but then again no speak opinion to provide some context about that would be useful yeah they may they may say these are materials that are found in ordinary fill at this concentration all the time then we'll be in great shape you would

have think that would have been provided in the summary of The Letter by Green Seal but they basically they limited it to based on the analytical and field screening results of the May 22nd 2023 sampling event it does not appear affordable release has occurred as a result of the historic filling practices conducted at the site GSE does not recommend further evaluation of the site

soils at this time I think that's pretty Limited in their exposure and Analysis of the results that that they found right nowhere does it say that it's suitable fulfilling and that it can remain on site without an issue to public health and safety so we need someone to yeah I'm fine we can so can I have a motion uh Afghan uh contact LSP for review and comments and guidance for us motion second

aye all right all right and do you want do you want an LSP opinion from the consultant that did the testing and we can't force it but you you can request that that they ask for that when I spoke to the gentleman at dep that's something that they would normally at a normal course of action be provided within a situation like this can you do that no that's fine we'd be

happy to provide it thank you thanks as soon as you get it send it over all righty thank you guys thank you very much so I can bring back a kind of motion to bring back up 1262 motion second hi hi yes

hello hello um all right so we made up a list uh I have it in writing I don't know if you want us to say it out loud give you a copy though all right item by item uh first one is going to be broken asphalt broken concrete processes to be stored only this isn't processing correct this is to be stored this is stuff you're putting leading there we're going to be putting

in the bins and selling it moving it yes processed gravel those are the three big bins those these three are the three big one bins though is a process to process we're not talking processing no those but those are what the three Goods no you can bring in broken concrete and you can sell broken crackers correct yes they cannot process it outside yep and we can have a bin for processed gravel

at this point okay another uh now getting into the small bins uh we'd like to have one with cold patch one with wood chips several with mulch of various types we didn't want to bore you with yeah exactly landscaping mulch sand of various sizes you know concrete sand Title Five sand Etc Stone of various sizes and types meaning different materials crushed stone exactly um then we wanted to specify armor Stone

because it's a little bit bigger some people might consider it to be a boulder the armor Stone's the biggest of the rocks that we plan on keeping I would like to have loam on site in a bin Sandy Athletic Field mix for the fields Sandy Athletic Field mix so like an athletic Turf a softball baseball fields uh dense grade for roadways sidewalks and Limbs and stumps in one bin too for processing on small sites the OIC

processing to bring in and be able to dispose of what was the one before limp I'm sorry what was the before stumps Limbs and stumps and just before that was dense grade is that paper base you know different I'm sorry that's great the dense gravy yeah yes exactly yes so that's that's our complete list really satisfied with that I'm just concerned about stumps but I don't know what kind of a market there

is for stumps right what's what's that entitled the stumps and all that is that storage what do you do with the the stumps once they get there so it what we were talking about was a small bin to be able to bring some if if they come from a job site and they need to put them into a bin for some reason and then be able to take them out we just didn't

want to have any conflict with the commission as to why well you know sometimes you have a small a 10 wheeler and you want to bring over a full tractor Trail and load to dispose in a proper area where they grind them or whatever we want to not have to make and keep either a small truck full we want to make efficient runs so that was the thought process contemporary holding

forward 100 yes okay yeah we're not going to be selling stumps

and that's one bin okay so how many bins do we have 16 large uh 16 small and three large all right and we've enumerated how many different types of material of specific to how many bins of each we haven't assigned each one I think the Market's going to determine and also the season so when mulch starts going out we'll probably see more Stone okay you know more sand I'm fine with that yeah okay um

so everyone's fine with them do you really have any other questions about the material yeah this is really very different from the proposals I've heard before um The Proposal I heard before dealt with the trucking business and storing trucks I understood that a lot of the trucks picked up materials and Tibet and other places and deliver them now it seems like come on that yes it's a trucking business

when the trucks fill I get filled up from the bins good night right up right next to the quickest River and then they drive off and deliver more stuff and presumably other trucks come in to fill the bins correct yeah they fill the bin so that it's a continuous operation and the purpose of and this is located in a very highly sensitive environmental area doesn't make a lot of sense to me

or they've meant all the requirements and setbacks that we had asked them to so well I don't did we vote on that yeah well see I thought it was a trucking business I didn't realize until I read this current material but this is what is going on I mean the application that was was submitted was for a Contractor Yard with storage bins from day one that's the first thing that they were showing and

charge bins are different from well the material storage bins yeah but it didn't add the adjective that may be true but this it certainly did not say we are sowing stay with mulch because I understand mulch I didn't say we're we're storing mulch here and then we're going to dull it out to to homes for example it could be a landscaper yeah come pick some up maybe they get in order to have it delivered

yeah that's the normal cost of operation for a contractor's job that has bins that sells material it's it's the one place for it but okay that's uh all right well as a counter argument it is it's non-hazardous it's earth materials it's yeah other than yeah it's all we're keeping all the bad stuff out so I mean everything there is pretty much there already what else is there besides I'm not I

picked most because I understand mulch sure I can go through those what are the three big items the three big items yeah the top three there the big but the bigger oh the bigger bins we're going to have broken asphalt broken concrete and processed gravel in the three big bins but the majority of the bins are going to have things like wood chips Mulch and sand yeah I heard that yep

how would you classify asphalt millings have you addressed have you included that uh that would be the broken asphalt okay um how would we categorize so would you have a bin that has asphalt millings yes exactly well it's exactly the same as the program it's yeah they rip up a sidewalk yeah yes they bring it in and ship it out yep

I don't know what to say deceptive no I mean they came in for what they applied for storage bins trucks they've done everything that's why now we want to enumerate and be very specific about what can go in those bins so it's not just bins that they can store anything in they can only store these items which you can approve or disapprove okay yeah Jim as you recall a revenue do you required really clear

who didn't say you were Trucking material in and out clear his mind are you selling I would have known exactly what you're doing yeah okay I would have known exactly I picked stuff up there well now you don't have to go so far yeah oh I uh you know I I don't think that asphalt the chopped asphalt has put into the quickest River any good that's what I'm really saying they're 50 feet away from it so

they made that requirement that we set I mean we actually changed that requirement I made them set it back even then yeah so I'd like to can we make them look jockey get a motion on this so um yeah the only other thing is we we haven't addressed the diesel on site so we have a plan with that that So the plan shows the location of of the bins themselves right

um we we were talking about it um just as a perspective we we understand that it's a sensitive thing it's double can it's containment within containment so it meets it will meet all of the NFPA regulations and the outdoor storage regulations we do understand that um there's always concerns I you never go in and have somebody say great you know there's fuel storage but there's also we're very close to a large

gas station a couple of farms was constructed 20 feet from a wetland um granted those are underground storage tanks which sometimes are worse um this one is probably a hundred and fifty to 200 feet away from the resource area we pushed it like we talked about as far away and on the other side of a building yeah about three thousand okay and it's double contained so it is no no they're very specific yeah

a lot of that falls under the plumbing code yeah okay as far as the large bins you said that's going to be for the asphalt the concrete and the processed gravel yes and I know this is one two three obviously the one to the left is closest to the resource area is there a specific have you thought about what material is going to go in each Bend or is you know storm water runs forward into the

recommendation several meetings ago right right you made that recommendation so yeah the whole site's great so putting the asphalt closer to the bin right anything that runs out goes to the same drainage collection system so nothing will run that was mine nothing will be short-circuited and run straight back if it's built correctly and if it's the material is installed correctly yeah

right you can you can overfill a bit of asphalt and go over the edges of of the bin that that you can't regulate right now I mean it's to be stored in the bin I don't know if that was just another preventive measurement of moving the asphalt to the other bin um but concrete is probably worse yeah okay so can we uh get a motion for order conditions with the special conditions listed no work

starts till site plan review they just submitted a list of materials to be stored at the site which we'll have listed uh did we want to check on the uh the drains to make sure the appropriate floor drains are there before the vehicle that'll be the recycling interview okay so that's included in that uh we're skipping processing and processing you can file that later installation of the guardrail determine

who pays for that will be down the road um let's see following are we missing anything Dan uh other than the uh yeah the detail of the storage bins which we'll deal with site plan reviews yeah basically they wanted to know the block you know I mean what could they be okay and then you're just going to deal with the sequence the construction sequence yeah so well all storm water management facilities uh

material storage areas parking facility the water sewage extension building permit uh no work started to the building permit on the ledge uh that's what I think the only thing you should add in is Item B all proposed home order management facilities that can be constructed due to the absence or presence of ledge so you can't require that the swell on brilliant Avenue get constructed first

because that requires the lake removal so any slow motor Management Facility that can be constructed that does not require lead cable so just be specific with that all right so we'll add any storm water management facilities that can't be constructed to the ledge uh you can have a motion for that motion something uh local hi hi yes hi oh all righty thank you all everybody appreciate your time thank you thanks

all righty let's see here I'll make a motion to take uh items uh eight through eleven together so we can vote on that all at once all righty so uh second that okay yeah so we have a receipt of corresponse review from National Grid and 12 M13 I vote on on the motion oh the second hits right I yes I already so when that motion consists of receipt of Correspondence review discussion

natural grid n12 M13 double circuit Tower separation then discussion of National Grid uh single environmental impact or fourth amendment uh received a correspondent from National Grid double circuit Tower separation and review and discussion of single environmental impact report amendment number two motion to accept and place on file can I have a motion for approval minutes from July 10th motions are made and July

17th seconded full call hi all right all right all right yes I uh seeing no citizen input can I have all those things seconded hi hi yes thank you all very much good work