9.12.22 Conservation Commission

uh welcome to the fall river conservation commission meeting being held at uh public hearing center uh monday september 12 2022 at 5 30 in the first floor hearing room at one government center forward to consider the following petitions listed in the notice pursuant to the open meeting laws any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees

are therefore advised that such recordings or transmissions are being made whether perceived or unperceived by those present and are deemed acknowledged and permissible uh we'll start with roll call chris your end chris boyle here james hornsby here john brand here louis ferreira jim cusick paul emerald here and then we also have dan aguiar from uh planning and we have patty addy aguiar uh the clerk and from

fred tv is gary lett okay uh first uh old business we have notice of intent sc-24-803 owner applicant is blunt realty llc blunt fine foods project location of 630 current road assessors map is d-21-006 filed by level design group on behalf of applicant the applicant proposes to construct an additional 19 100 square foot manufacturing edition and 4065 square feet of maintenance addition to on it

to an existing warehouse office facility and parking lot uh good evening mr chairman dan campbell level design group on behalf of blonde fight foods what we have for you and i've highlighted a plan this evening is in addition basically infill of the existing building so the existing building line is here there's a gravel parking lot in the front of the building here all the way up to the edge of the road currently

they also plan to infill two additions on the front of the building here and expand to the parking lot in this area we have two areas of wetlands across graham road both adjacent to the new chrome building and its associated driveway and the driveway to the manufacturing facility for fall river manufacturing behind so the 100 foot buffer zone in this area our onsite wetlands are at the end of

the building we've been here previously for wetlands replication when we did the phase 2 edition in this location on the structure what we are looking to do tonight is those two additions as well as the parking lot and its associated drainage so the front of the building as it stands today has drainage which runs to a location adjacent to the building daylights towards the wetlands in this location and then the

small parking lot that's on the end of the building here daylight through a cds unit also towards the existing wetlands we're looking to take a certain quantity of the roof drainage run it back to that drain system that was originally put in as an overflow to the parking lot system putting a new drain system under this proposed parking lot to detain slow down the water relocate one of

the cross drains from the street system and daylight to this location same location that it is today expanding the riprap making sure to put it through the treatment structure out towards the wetlands so it's roof drainage primarily some parking lot for the small parking lot down in that area the drainage at the front of the structure is going in um underneath the parking lot here and it actually daylights to an

existing drain at the corner and out in addition to those structures on site because of other activities because of the drainage on graham road has never been very formal we are planning to put curbing all along the edge of graham road all the way from the corner onto the property at each of the driveways putting in vertical granite curb to formalize the drainage system along graham road as well

so there is some work on the roadway the majority of the work is on site a lot of it is pulling back the the gravel that has existed or changing that gravel into a um building the board have any questions uh john do you want me to add so over the last few months we've worked with the applicant to revise plans to address a few outstanding comments they have done that so i got the plan

set that we have is acceptable for the for the requirements of the wetlands protection act there were a couple of items that i would like to still see addressed which i have drafted for you and some draft conditions for the other conditions to be issued one thing of note and we have discussed this in the past was the applicant has paid for um the approval and alienation of the existing wetland system there have been

a number of filings in the past that actually permitted a bunch of work but never locked the line in place so this line that's shown on this plan now um is is accurate it's fairly consistent with what's been improved in the past so he's now the applicant and the commission as the line that's locked in place for a number of years uh if any further work is to be done you'll fill out a better starting point

so you'll see in the in the proposed conditions uh a couple of items regarding some of the outstanding orders as mr campbell uh had explained there have been a number of permitting procedures on this site so one of the conditions of approval will be to get all of those cleaned up closed out uh so that that area was we flagged too so now i see you have the conservation signs up

so the parking lot is the extent correct correct and and we will make sure to maintain the flags and the conservation signs throughout the time period of construction and as we've agreed to with mr aguiar make sure to start closing out the permits as they exist um it seems that a lot of the permits overlapped with each other may or may not be in the same file but if we close out

all of the files it it'll help not only the city but help the applicant and future applications yeah okay okay so no further questions um i'd like to have a motion to uh coc uh occupancy sign off but before that i want to add our standard conditions plus a couple of new ones to this one would be the project approval was subject to submission final plans calculation to be reviewed by city

engineer no permit can be granted without the approval of these documents by the city engineer also all site work including but not limited to the entire storm water management system utilities asphalt to the binder final grading with looms seating shall be installed as built and inspected prior to insurance of a certificate of compliance uh three all outstanding orders conditions

shall be satisfied and certificates of compliance be issued prior to the assumptions of a certificate of occupancy and also prior to the start of work all local state and federal permits are approval relevant to the project including an npdes permit shall be obtained and copies and such submitted to the conservation commission uh one more item we wanted to add was uh the stockpiling material shall not take

place within a hundred feet of the jurisdictional wetland area can i have a motion some

oh public do we have any input from the public okay so we had a motion a second uh chris and i tim all right yes okay all right thank you very much have a good evening uh second on the list is a quest for determination of accessibility uh rda178 owner applicant is paul ferlin administrator of community utilities project location atlantic boulevard uh systems map is a-15-0056 and a-15

filed by santa consulting service inc on behalf of applicant applicant requesting determination acceptability on whether the work competed on a plan as subject to the wetlands protection act or the area or the work needed on the plan is subject to the jurisdiction of municipal wetland ordinance fire or bylaws by paul river this is table from august first thank you very much chairman paul furlin

the administrator of community utilities for the city of fall river uh the project that we're here for tonight is in relation to our water main replacement project uh the city's water main replacement project this is part of our contract one arpa water main replacement contract throughout the city it's over 17 000 linear feet of water main replacement as well as roadway reconstruction

the area that we're in front of you tonight to talk about is the area down by atlantic boulevard this is atlantic boulevard we're going to be replacing the water main on atlantic boulevard and also the side streets that go up from atlantic boulevard um the the project also does uh consist of reconstruction of atlantic boulevard as well as the sidewalks and curbing that's affected within that area

most of the work within the project is exempt as its roadway maintenance or construction there is some uh areas where we're doing betterments to it uh adding accessories which which may or may not fall in jurisdiction and lori benoit project manager environmental services project manager and wetland scientist with stantec i'm the one could you use the microphone yeah good evening lori benoit

environmental services project manager with stantec consulting services and i'm the one who conducted the assessment of the coastal resources along atlantic boulevard so what what we we have in addition to uh mountain bay i can't hear i really can't hear you if you're not talking into the mic maybe you could bring the mic with you does it is it portable i don't know if you could shoot i'm going to say good

speakers clearly actually the problem is partly your speed for someone who's hard of hearing as i am i can hear the words but i can't process them quickly enough so maybe you could just go ahead but speak a little more slowly and clearly as if you were in church okay the resource area that the the buffers on the 25 foot like no disturb zone as well as a hundred foot buffer

were measured off of was the top of the coastal bank now if you're at all familiar with the site at the atlantic boulevard there's quite a steep slope there right so i uh looked at both the toe and the top and we took the geo locations gps data from the top of the coastal bank and that's what the regulatory jurisdictions are measured off of for this and there's also a land subject to coastal storm flowage

so it is a ve zone the velocity zone and there are public amenity improvements within these regulatory jurisdictions that would be not exempt like the rest of the uh the in roadway work is so if you want to talk a little bit about what those uh what those are so um atlantic boulevard uh and then it matches up to down here continues uh in uh dead ends so this is the uh

north side this is down the end next to the wastewater treatment plant uh right over here in the middle is where you have mod hope ab that comes down so we'll be replacing the water main running this whole entire length with the new eight inch duct line water main tying into bon hope as well as our treatment plant some of the things that we're planning so right as you come down mono

we'll have an area over here on the curb line that's just going to have some granite laid within the uh laid within the asphalt as well as where the pier goes out uh there'll be a granite walkway going that way along with the sign that was uh that was built by a local manufacturer that was done by the uh bc cg group uh was an improvement that they were making already we're going to

be replacing some of the pop benches down in that area with newer park benches i will also be adding some areas of trash cans that will be down there the other thing that we're going to be doing is down in this area there's some very small or oddly placed concrete barriers so people don't drive up on the on the grass down in this area heading down here you have some small stones and stuff like

that and old concrete structures that are there those will all be removed we're going to be taking historic granite that's currently stored behind uh durfee and we'll be adding that in that area to to keep any parking on the roadway so those are some of the things that we'll be doing over there there's a small planting bed uh that will be reconstructed as well for the community to be able to use to for plant things

now that street isn't a street that normally floods is it that's pretty yeah no we don't have much flooding down in that area uh you have some some up uh on some of the dead end streets off of mon hope avenue uh but there you pretty much get country drainage that runs off going down does the board have any questions comment okay um i walked it i look forward to your improvements i've been there for

a number of times and this will be open to the public will it yes so again it's a city street the uh the public is open uh and welcome to uh to go down there uh if you go down there now during sunset times or other times uh it can be i did quite yeah beautiful busy beautiful yes all right so can i have uh you had somebody oh okay sorry about that again uh

just state your name and address no no barboza 296 atlantic boulevard i'm the last house next to the sewage treatment plant i'm the only house in the flood zone and uh cement barriers that he's talking about his jersey barriers was put in after hurricane bob because the street eroded and it was just a fall off so they put jersey barriers there to protect from the wave action and um

also rip-rap the protectors from the hurricane right and also at the end there's a emergency ramp for city vehicles if there's a problem in the water it's not for public it's just for emergency vehicles and our past counselor she put up some park benches and barrels and one has just been replaced was missing because uh the plows hit it every winter so they they replaced them and like the

park benches are kind of shabby now but like i say he's gonna put cribbing you're gonna put the granite where the jersey barriers are uh so it'll be large blocks we have um so if you if you've been by the new durfee it's actually blocks that we got from one of our old uh cso facilities uh they're roughly uh six to eight feet long two feet by two feet so are they going to stand high as

a jersey barrier uh they'll be a little bit lower they'll probably be about this high off the ground but it'll should serve the same purpose as the jersey better so because those jersey barriers helped a lot because during the winter sometimes the tides are real high and they the water does come in a street and that helps okay definitely make sure we uh take a look at that and don't disrupt that protection

and as far as sidewalks there are no sidewalks down that end of the boulevard everybody planted their own trees and shrubs on the yeah so sidewalk here so you'll be tearing up their their flowers and stuff if you uh go down there and put a sidewalk you're not putting sidewalks are you uh we're gonna be redoing sidewalks in certain areas of it okay with the sidewalks are yeah all right that's currently the uh

like i say my my house is the only house in the flood zone you're on the water side right oh you're on the other side no the other house that's on the beach that's about eight hurricanes that was freak of nature maybe you can build that up before you put the granite in so it's well is it possible do you have enough ground i think there's probably quite a bit of behind

there just to run a second cost of grain if necessary to add some height to that yeah definitely we'll take a look at it overall and work with the contractor and the jersey barriers on the asphalt yep but you're not going to put it on asphalt you're going to put it in the in the ground because so so we're going to be replacing pretty much kind of what's there we don't want it we don't want we

want it to be able to keep a lot of those barriers that are there how to keep it so people aren't driving all over the grass you know parking on the grass and stuff so we want to keep that that barrier you know right off the curb that that's where those those will be because over the years people have hit those jersey barriers and moved them yeah they were supposed to be locked but

they never locked them if i can mr chairman so it's important that these new concrete blocks that they're put in are only a replacement a replacement for the existing new jersey barriers um if you want to at some point in time look at further work in the area for the implementation of additional blocks that may require a different level of programming right now there is no earth work to be done

and the installation of potential vertical retaining walls potentially in a velocity zone yeah and chapter 91 licensing would have something entirely different than what this utility installation is before you today all right thank you okay thank you thank you any other questions from the uh yeah so dan we can't stack them like my only concern is that those uh uh that granite is a

lot lower than those jersey barriers so i want to make sure that gentlemen as he's saying with uh the water coming in is protected so we can't stack those i i can't imagine that the purpose of the jersey barrier is to keep water from coming on to the street and adding the blocks that we're putting there the intention is to keep people from parking on this vegetated area it's not a storm that was the original

intention of that barrier just to do that that's what my understanding was that it was not a drainage component for any past work that was being done so if anything is to be done with regards to keeping storm water from entering the atlantic pull a lot from from the ocean that would have to be under a separate application i think again i think they're intended to be an impediment to parking uh the

the new blocks that would be going in would actually give you the ability to sit on them or the jersey barriers may not so you look at the improvement of at least if you don't want to work your way down to the beach you would have the ability to potentially sit on the underground blocks themselves if you haven't been to durfee i mean these are substantial brand blocks oh yeah i think

they're the same blocks that we use them for the florida sign right the welcome to flora sign down there across the street i'm just concerned that this yeah my concern was that this gentleman says i know the intention was not to uh stop some of the water coming into the street but he's saying that over the years it has helped and i just want to make sure mr furland if you can follow up with him

after we put the block there if he has any concerns or you know just work with him to see what we can do in the future if it does become an issue it's going to look a lot better than a jersey oh yeah it's a great deal can you take a look at it before the installation the plans make a determination or it appears as though they may be aiding in

we could leave them as well you know again it's something that we're definitely going to go back we'll take a look at prior to going out there and just you know pulling out something that may be a current storm i just want to say the new plans i mean that the whole thing down here needs a lot of a lot of work and this is a step in the right direction as long as you work with

the people that live there and you know get some of their input and help them out if we can yeah no definitely i think this is uh going to bed better the whole entire area again this is all through uh funding that was provided through the american rescue and act plan um you know for the city of fall river thank you and the problem we have is with parking because

people come to see like you said the sunset take pictures and all but over the years they've been parking along the water on the grass and the kids come and the kids bring beer bottles they bring all kinds of stuff and they leave everything behind at the end of duke street there's two park benches and a barrel you know some kids aim for the barrel and mist and some get it in but duke street down

you can't park there because it's almost a drop off it isn't um grass it's rubble behind the jersey barrier and um the jersey back like i said it has stopped cars from going over into the beach and um i don't know if this granite how big it is i don't know if it's going to stop a car but as far as sitting there stop my car because we have i don't know if you know

it or not a sewer shoe implant is being repaired and every once in a while they close the gate at the railroad tracks and all the cesspool trucks go down the length of boulevard all day long so if there's one car parking there it'll interfere with traffic yeah okay you know it's very it's a very busy place now they say it's going to last for 10 years because they're building extra tanks down by the water

all right so right now it's very complicated down there because some people want to come fishing and they park on the wrong side of the street they have to call the police to move cars everybody waits and and some people try to also launch their boats there and they bring trailers and they impede everything well mr furling gets that far we'll go down and inspect it to make sure yeah

it's an old place it's all foundations on the beach they used to be houses there and all is left is foundations okay that's what's on the other side of the jersey barrier thank you chairman

i'm not aware of any overall plan for that area that would both it would provide parking would meet the needs because it's going to be an attractive place yes and it's a beautiful place yeah now i had no trouble parking well i was the only person there okay um is there an overall plan for developing and particularly including preserving the beauty of the place so you know again i take care of the water sewer storm

water for the city uh this this what we're doing down in this area was just something that that through the opera contract we felt would be nice to add on to beautify that area uh the overall uh development of or you know parking or other situations within that area really doesn't fall underneath my jurisdiction so you don't know of any i'm not aware no i do not know of any uh first step

would be is to get all of the infrastructure uh updated which is what all freiland's office is doing right i'm not that's not to say at some point in time that there couldn't be uh other plans for site improvements down there and also where where do we make sure that i'm just concerned that they all fit together you know there's only so much room down there so yeah that's why doing anything beyond

what's being proposed now would need to meet a different performance standard under the wetlands protection act they really i can't see there being room to construct piers or parking that wasn't well actually somehow and you might when you're done might have additional parking that can be for public but right now you don't have at the wastewater treatment plant i can tell you we're a very small site 14

acres for 110 million gallon a day plant with weather flow it's uh very constrained as we are right okay but that's try to that's a consideration yes all right so no further questions uh i just have one more question sure um i noticed on the plans there's going to be some silk sacks installed um what is the maintenance going to look like for that is that something that your department is going to be um overseeing

uh so we're going to this is going to be done by a contractor the whole entire project so it'll be under the contractor's uh jurisdiction to do it we have we have a full-time on-site representative um provided by stantec that'll be on-site also making sure typically when how long between uh they inspect to make sure that you know that it's clear or i can answer that in our standard conditions that's stated in

there uh it has to be done every day expected it is unknown yeah so that's built in so okay instead of us every time having something but you come before us and making sure we go over everything we just have a standard which lists the silk okay silk all that so yeah that would be this project shouldn't run longer than the season really no i expect that the contractor will probably do the

majority of the water main work this season uh and then the probably in the springtime get out there to be able to do the all the remediation the street and the roadway reconstruction all right they also know that though mon hope avenue is the only way you can get atlantic boulevard it's isolated down there yeah because a couple of years back we had a problem with the underground pipe from the sewage

shooting plant and it blew up and it ate up monopole avenue and uh we were isolated down there because it blocked off the railroad tracks yeah absolutely there's any calamity were isolated yeah i'm sure that was probably 2010 when the uh when the tunnel overflowed in mon hope in columbia street were both uh highly impacted okay yep we're top of pond rose 36 inches of this pond thanks

all righty so uh can i get a negative termination uh we're gonna check boxes two three and five and with our standard conditions

thank you guys

oh we're losing them next is uh three is request for certificate of compliance uh sc-24-768 owner applicant is highland farms development two llc project location is 48 brookfield tears assessors map is u-04-0 filed by highland development 2 llc applicant requesting the certificate of compliance at the time whether the inspection or work regulated by the order conditions have been satisfactory completed

we did notice that uh there was still no is it someone here from that project i don't think that is for now okay as we had discussed previously we were waiting for some rutland signage to go up which i believe has throughout the subdivision we're just waiting on some revised basketball plans that indicate that and then also that the moment seating is taking place around the lot this line actually you'll see later on

in the agenda um they are requesting a permit to construct the pool which is a previously disturbed area which is a little bit different than the next one on 30 brook fields so i would just table this compliance right i did notice they did put resource area signage up so can i have a motion table motion table roll call vote hi hi all right hi okay next is a request for certificate of compliance

sc-24-769 over applicant is highland farms development 2 llc project location has 30 brookfield tears assessor's map is u-04-0063 filed by highland farms development 2 llc applicant requesting a certificate of compliance at the time of inspection all work regulated by order conditions have been satisfactory completed uh again this falls in the same category there's no grass growth

they do have the uh area sign signage up can i have a motion on the table motion table second okay we'll call vote chris hi hi all right yes okay

okay next on our list is a notice of intent for se-24d owner applicant forward redevelopment authority dash vmd company llc project location innovation way accessors map is 089 w-19-0185-0895 by vmd company llc on behalf of applicant application proposals to construct multiple warehouse parking and voting facilities this was tabled for marvel's first uh meeting evening mr chairman brian

dunn with mbl land development and permitting with offices at 5 bristol drive in southeastern massachusetts we are the civil engineers and surveyors of record and good evening tim mcguire i'm the wildlife biologist and well and scientist for this project thanks mr chairman at our last meeting we continued this notice of intent and site plan review with the commission so that mr aggie are

your your city engineer and uh agent for the conservation commission could have ample time to look at things we've been conversing back and forth with mr aguiar in regards to some of the some of the changes to the plans in regards to some of the stormwater stuff and tested data we submitted another set of plans for him to take a look at i know that he probably you probably

want to hear from mr aggia in regards to some of his findings we would like to be able to move forward with this public hearing and hopefully have the commission uh vote to order issue an order of conditions okay mr chairman thank you uh dan you want to fill the committee in on so we've been working diligently with the applicants to get some revised plans in and deal with a few outstanding items i did

receive a set of revised plans around noontime today have not had a chance to delve too deeply into them it's important to know in the applicant shook and addressed this so presented uh for you as well although this is a very large project there is minimal activity in the buffer zone back there i don't think there's a building in the market no actually actually we looked at those calculations

through the chair mr chairman so we've got a multitude of of area like it's a 143 acres so based on the amount of buffer zone work that we're doing is about 1.12 of the lot that's in the 100 foot buffer zone there's no wetland alteration proposed as part of this project and the other caveat that the commission should really be aware of is that we have the 10 state standards with the

stormwater rules and regulations but the covenant that's associated with this possible land has further restricted the storm water rules and regulations so instead of having tss removal at 80 we're required to have 90 so we've we've met that and then the other part is that through uh through this type of project in working with misa in natural heritage we're granting 52 acres almost half of the land it will never be

touched so we've designed everything around that conservation restriction area of 52 acres we've tried to limit the amount of work that we have in the buffer zones with no wetland alteration whatsoever okay so we want to like look at that magnitude of you know 1.12 of the tile entire lot is the buffer zone that's what we know that we're altering it yeah and if i can add really the work that is being done in

the buffer zone is usually some site grading really only the building in the back that has some driveway within 50 feet of correct they've upheld the 25 foot no touch zone so really we're just coming down to drainage logistics of drainage how that gets handled uh which i'll have to review um but as far as the wetlands protection act it was in the performance standards of such i don't see why the the commission

couldn't if they chose to uh to issue an order with some special conditions handling the stormwater aspect of it and the logistics of how the stormwater design works we also had come back and forth with mr aggie about recharge and i think we we have a way of working that are working around that so that when it comes time to when we start building all of these buildings as my my

understanding is a few minutes ago that they want to build everything at the same time all of the grading all of the all of the drainage goes in so there's ways of making sure that while we're waiting for a building pad to be poured and whatnot to make sure that the stormwater is being recharged there's ways of getting around that so that mr aggie i can say okay i can sign off on a

on a building permit or a co because we've we've gotten this far with with the infiltration systems in the in the recharge to groundwater i'm sure that we can come up with a solution okay sounds good what it boils down to is that we have multiple building sites and these are almost 300 000 square foot buildings and there are different the drainage system has been designed in a singular

fashion to meet all the requirements so in order for it to function it all needs to be in right so we can't just build one building and try and be done with that so the applicant understands completely that the entire drainage system and site improvements will need to be completed before building to the object and i'm we were just uh talking with our our client and the applicant and they're they've

signed up one site contractor to do all of them at the same time okay so it's it's it's happening the way mr aguiar would like it to oh good sounds good uh do we have any questions from the board no again at last meeting my only concern was it didn't alter the local hydrology so that it would impact or basically dry up the wetlands i think dan is pretty confident that

you've got a plan going forward and i think we discussed it at the last meeting that would have been my only concern um but yeah okay dan said you guys got to cover so perfect thank you very much i'm ready all right any questions from the audience okay all right so i'd like to have a motion made for order special conditions with our standard conditions plus we have a couple we'd like to add in

first the project approval is subject to submission of final plans calculations to be reviewed by city engineer no permit can be granted without approval of these documents by the city engineer two as stormwater management system designs a subsequent compliance with the department of environmental protection standards can only be achieved upon full build out the parcel shown shall be combined into

a singular parcel prior to the start of construction three all site work including but not limited to the entire stormwater management system system utilities asphalt to the binder final grading with loom seating shall be installed as built and inspected prior to the assumes of a certificate of occupancy for any building or subdivision with parcel and fourth is the uh prior to the start

of the work all local state and federal permits and approval relevant to the project including an mpdes permit shall be obtained and copies submitted to the conservation commission and last uh stockpiling of all materials shall not take place within a hundred feet of um any jurisdictional wetland area can i have a motion make a motion to issue those order conditions especially with the additional orders yeah second

second okay roll call vote hi hi all right hi yes okay thank you thank you very much mr chairman members of the commission

okay okay on the new business uh first we have a notice of intent se-24-805 owner applicant high development llc project location ws south beacon street assessor map h-06-0013 filed by northeast engineer and consultant inc on behalf of applicant the applicant proposes to build a self-storage facility consisting of four separate h buildings associated with assessed access parking area utilities

with 100 foot for the bordering vegetative wetlands how are we doing good good evening for the record jeff holman from southeast engineers and consultants do you have any cards

yes yes we go over the project and um can't seem to get the usual work that's fine it's been a while since i used this an easel okay

okay again for the record my name is judd pullman from northeast engineers and consultants here representing high development the applicant for the self-storage facility located on south beacon street the um the project site is located on the west side of south beacon street right at the entrance to the former uh thorough manufacturing facility it's the project site's about 1.8 acres in size excuse me and

so what we have out there now is an existing parking lot on the east side of the the lot the rest of the lot here is just vegetated with a steep slope at the rear of the property that goes down to a boiling vegetated wetland and a perennial street that runs along the back excuse me geez what the applicant is looking to do is the construct the south star facility consisting of four buildings

which have numbered buildings one through four uh building number one up in this location two three four building number four is a small building which would be the the office for the facility and also uh some small air-conditioned units the majority of the work that we're proposing on the site is outside the 100 buffer zone uh there is some work this is the highlighted area here this is the buffer

zone uh we are proposing some work at the rear of the property within the buffer zone itself but we are maintaining a minimum of 35 feet separation between the boring vegetative wetland and the proposed disturbance after receiving the initial comments when we filed for site plan review and also well for the site plain review from the city engineer and other city departments we've decided to scale back the project

slightly so this plan that you see before you tonight is slightly different than the one that was filed with the notice of intent what we've done is we've pulled back buildings one two buildings one and two 20 feet we've taken off the the the end here and building number three 10 feet and the location of building number four which is well outside the buffer zone has been uh shifted away from south

beacon street to allow access in and out of the parking area storm water for the site is going to be the the site slopes from east to west down to the uh of the wetland what we're proposing to do is to collect the stormwater at the rear of the site and oh sorry let me backtrack the main treatment that we're going to have is with collecting all the rooftop runoff and we're putting that into three

separate cold tech recharge systems located in between the buildings here we have gone out and done test fits uh the soil is suitable they hand over infiltration what we're doing in terms of the surface runoff from the parking areas is we are proposing some catch basins and a berm to be located at the back of the property here four separate catch basins we'll collect that runoff

uh put it into a storm set the unit and then we have added as part of our revision a fourth coltec chamber system in this location here now that has been sized to handle the first flush static storage for the first flush or runoff through the site the um the initial calculations that we provided with the nurse intent did did comply with the mass dominant standards however after looking at some of the comments and

concerns of the city departments we have decided again the scale is back slightly in my opinion it's a much better project the pavement is actually now about 20 feet off of the top of the slope so before the formal line of the pavement was in this location here which basically hug the the top of the slope which is about a two and a half two and a half to one slope going down into the

wetland drops about 25 feet over approximately 100 feet so we've scaled everything back we've put this burn in to stop the water from coming down to the asphalt and going directly into the wetlands and we're going to collect it in the catch basin well on the other side of the drum we are proposing a bit of a swell in the event that a large storm does over top the berm it'll

be collected in the swale and then brought down into a um we're gonna have a small infiltration basin uh located up at the top here um again all the runoff from these cash basins will be collected with the stone sector and then small flows will go into this system here and that would be able to handle um anything like below about a one inch rainstorm anything above that would surcharge this

system and then end up in this infiltration basin in the event that the basin over tops we are proposing a level spreader to be located um to the west here and then the water would spill over that level spreader and then go down into the slope into the well other than that it's a pretty straightforward project again the majority of the work that we are proposing is outside of the buffer zone

but we do obviously have some work in the buffer zone but now with this redesign i think it's a much better project especially from an environmental standpoint with the improvements we made so that's a basic overview i'd be happy to answer any questions that the boy might have uh one question uh the fourth the fourth uh the fourth unit you said is for surface discharge correct okay yes make sure i

heard that correctly yes and all the runoff collected in the asphalt will pass through a storm set the unit before going into that

construction that's in addition to what was already that's crazy we've with this redesign we've cut off about 20 feet of pavement along the back but we're still maintaining the same amount of uh call tech units that we had previously on okay okay now the weight lens on the other side uh is that going to be your property or is that still yellow greenish whatever that is all right so so our perimeter uh is in this

location here which basically hugs the wetland line it does the wetland line does come up onto the property in here and there's a little bit in this area that on the western boundary that is on our property but the majority of the wetlands and the stream itself is off property all right mr chairman if i could when we first reviewed the plan i sat down with jeff and we had a concern with regards to how

close they were getting to the top of that slope and in fact some of the site improvements were going to take place down the slope a little bit so we asked if they could pull the project back minimize the building size so that all of the improvement now falls at the top of that slope so we're not going to be touching that fairly steep slope yeah because you don't have to worry about the

stabilization of it further down the road again we haven't reviewed the final revised drainage plans but again it's really just that drainage it still goes through a site plan review as well with regards to wealth protection act uh compliance as you see on the plan the little blue shaded area was really the only bbw that's on a lot to throw up green color is is a wooded area that's that's buffer zone that's not being

disturbed okay good good so the amount of activity taking place within the buffer buffers really too is just to that little bubble of um that cut into the slope that then was talking about was in this location here where we were getting the drainage we were digging down into the slope to get the drainage to work um to be able to be discharged into the wetland again that system in my opinion did work but

uh i didn't like the fact that it was so close to the top of that slope and it was one of those things when you initially lay it out get a little aggressive but then when you start getting into the engineering and you see what's actually happening on the ground it it makes sense to pull it back a little bit when you're out there standing looking you know it's hard to see where everything is going to

be so yeah pulling it back is a good idea correct does the board have any questions yeah i do yeah um could you point out in your map where the brook is the brook is in this location right here did you ever find the name of the book no it's on me excuse me it's unnamed it's never had a name it originates at cook pond yeah it's paul doesn't know

the name of it nobody knows the name it's an album it's not it's not laurel brook it's not called laura lake brook it's never been named knowledge no and actually part of it runs under the alduro facility years ago okay i think it does they now i stood there and i realized you pulled it back thank you thank you that was the engineer i'm still concerned that the water is

just going to flow down down that bank it does in other places along that area right now well and again the water flows down yes just just you i'm sure you've got the picture the water flows down and goes in the brook the brook ends up in the basically it it all ends up after it goes down through the bays to in in the atlantic ocean we gotta we we should need to be careful that's

exactly and that's what that's what we've done here is so there are there are compliance reports right see i have i'm going on the old no no i was prepared to prepare we've asked for some improvements to ensure that we have zero increase in water so the amount of water that's going to that stream now will be the same amount of water that's going to go there after we we're just just just charged with treating

that water holding back a certain amount of it to mitigate the impervious area being proposed for the site what's very important is that we don't decrease the water that's that's going to that stream currently water that runs off that site and this site has had some history if you remember with some violations and fill files being brought in um so we have an existing parking facility

in association with dura has no drainage system has no curb then we have another half acre of disturbed buffer zone that's just bare dirt yeah those those conditions are what creates a problem so the proposed conditions here one not only allows the developer to develop but we're also getting an improved stormwater management system than what's currently out there on the site and if i'm not mistaken and dan you

correct me if i'm wrong but the reason why you have that steep pitch there is because they were bringing in fill and waste and basically backfilling towards the wetland yeah yeah it looked like years ago yes that's i mean going back 30 40 years it was used as a dump construction debris things like that and the reason why you have that pitch is because it originally all pitched down very gradually but bringing

in all the waste and everything else they just backed it off and filled it backwards down towards the um one other item i want to address especially because paul was here through site plan review we've asked the applicant to provide the city with an access easement to be able to get to this stream because right now there are portions of this stream that we can't get to for maintenance purposes um

so through not through the conservation commission but through site plan review we are expecting to be granted this easement that the city has its own cost and at its own permitting could potentially create the ability to get down to this stream if something needed to be cleaned or to be able to maintain it in a more responsible manner okay any further questions might want to check with the audience then okay anyone

in the audience no okay they'll go for it all right so can i have a motion for a special condition with our standard conditions and also adding one project approval is subject to submission of final plans and calculations will be reviewed by city engineer no permit can be granted without the approval of these documents by the city engineer two all site work including but not limited to the entire storm water

management system utilities asphalt the binder final grading with loom seating shall be installed as built and inspected prior to initials of a certificate of occupancy and prior to the start of work all local state federal permits and approval to the project including mpdes permits shall be obtained and copies submitted to the conservation commission and last stockpiling materials will not take

place within a hundred feet of any jurisdictional uh wetlands area can i have a motion some move second second worldwide vote hi all right yes all right thank you very much thank you for your question mr chairman do we take item for the new business uh north main street city of paulder that's one sure can i have a motion to take uh x4 out of uh motion to take item floor out of order okay hi

good hi all right all right all righty let's get back up uh notice four is in ten sc 24-0 806 applicant city of fall river owner american consolidated corp project locations ws north main street assessment map is t-16-0014 filed by vhb on behalf of applicant the applicant proposes to conduct a culvert maintenance to repair including construction of a stone checkdown uh thank you very much uh commission i

believe you were provided with uh revised plans uh did they submit no okay um there are going to be submitted revised plans so this this this is for uh an area off of uh north main street collins ave columns have um before we get into the presentation of this so lars and gene agreed that their ad was improper okay i'm assuming an issue would be holiday as of last monday so if technically the board can't hear

this petition without re-advertisement um you you could decide to hear the hearing tonight and act on it if you choose to but the applicant actually alerts us to the fact that the ad was now placed five days prior to the year so brothers were notified all that process was was complete but i don't think they have to bring cards either i don't know what i'd like to do is uh because this

is really just a clerical error and i don't want to impose this on you at all the problem that we're having or that paul's having is that this is in conjunction with the south coast railroad there is a culvert that needs to be repaired before they can continue on doing their work contractor is there now would would any of you or at least a quorum of you entertain the ability of a special meeting

soon so that they don't have to wait another month and lose the contractor because this is legitimately going to be an issue where that they're going to lose the contractor if we put them out another month so if i don't know if we can decide on a date that works for you so that they can re-advertise um we know the fire butters we can do two weeks i'm thinking we're working

as soon as possible soon as possible yeah that would work for me i mean we don't want to lose the country because we do have to advertise again right we do have notified voters again so that two weeks 14 days should be more than sufficient so if you are available two weeks from today then it could be tabled to a time certain and they could be advertised so we're looking to make sure that that

date works for the so i've been to the site definitely it needs the work needs to be done i don't want to talk about the the work itself uh saying it needs to be done 26 okay with everybody yeah i think that works for me it doesn't have to be a monday i mean whatever night works better any night i have cpars cpa's uh six

yeah okay

hopefully sounds good meanwhile should we make a motion at the table for now can i have a motion september 26 5 15. motion to table this is september 26th at 5 15.

okay roll call vote aye hi hi all right hi yes thank you very much

okay next is a request of determination accessibility rda 179 richard legassi project is 1355 new wall street systems map is d-10-0022 followed by applicant request and determination accessibility applicant is to connect uh locus uh dwelling to municipal sewer via a low lower pressure pump system a portion of the existing extension and existing system fall within the 100 foot buffer zone uh to the southwest of a pond

so this petition is to run uh a sewer extension in existing new wall street and to connect the existing two homes right at the very end so the very last home on the right-hand side will be tying into the sewer main now which is not the case currently so this would be a great improvement to uh to the environment uh getting rid of any type of accessible septic system that's

on the line all the work is within the existing improved lot or the paid surface erosion control is being proposed around the bottom of the work area so i see no reason why you can't recommend the issuance for the negative determination boxes 235 okay does the board have any questions i think i'm going to sit and talk at all what was his name richard the guest co-performer so i had

the whole household retained each money actually this is the new owner okay and so we're getting rid of two septic systems uh well the next one that he's not here he's on this plan and you probably gotta copy this yeah yes he's correct you're the closest to the pond yes right i think what's going on so getting rid of a septic system yes yeah the question is and i have i could have asked this before

what happens if there's a like so you're pumping up gradient right yes yeah what happens in the event of a prolonged power failure is there any redundancy so what happens is actually i could take well go ahead you know where are you you've learned about force main sewers over the years i know you haven't i know i know if it's a big it's a big tank and it should last

it should last 10 days i'm told 250 plus you have to be you know cognizant of the fact that you only have so much room but there is a holding tank associated with that okay i didn't know that good to know yeah right um i actually had a question the uh is this a re were you required to do this one because of the sale what do you put a new septic system in right which you

can't so either like a tight tank in the driveway or tie into the sewer okay just so i understand it because i by the way you're we're neighbors i live on on lake have just just uh street attract over um the what i'm asking you so you could have put in a one a fancy septic tank in the front of your house correct okay or you could tie into the city sewer

yeah you have water also i have city water okay thank you okay and one thank you for hooking up well thank you well i thank you for hooking up neighbor well it was just thanks guys all right no further questions uh can i have a motion for a negative determination on boxes two three and five so moved second second oh okay roll call vote hi hi all right hi yes all right thank you

very much good luck all right next is a requester certificate of compliance sc-24-590 owner applicant is walmart boulder engineering project location is 638 quicker stands street assessors map is f-02-002-003 f dash three zero zero one zero zero two zero zero three and f dash o four dash zero zero two o five by boulder engineering on behalf of applicant uh requesting certificate of compliance

starting that all work regulated by the order conditions has been satisfactory completed including restoration and disturbed areas good evening jim cranston with boulder engineering representing walmart this evening this is actually to close out the order of conditions issued for the original store there was an oversight possibly on the developers part when that site was developed when we came

before you for the pickup expansion it was then brought to our attention that the original order was never closed out since then we did some site observations and at that time the site was not ready because there was some mowing that was done at the northerly wetland there was a mitigation area that was supposed to be planted there were two that were planted the northerly one was mowed

we've then worked with a contractor worked with walmart that area has now been planted restored it's thriving they're not mowing it anymore and now we believe the site is ready to be closed out okay i would uh do they have a maintenance plan in place for i mean i know their business they turn a lot of trash over it gets into the wetlands and it becomes a problem do they have a maintenance plan for

so they do now uh when we went out there that's actually the other item we spotted the site was a a mess site was littered no pun intended littered with trash um it's definitely an improvement and they do now have a program in place um i even saw a couch that was out there when i did my first inspection it definitely seems like it's less of a dumping area yeah it seems a lot better

since the first time i mean the restoration it's growing and fine of course you're always going to have a trash issue always but um so there was trash there today for as long as it seems like they have been keeping up on it you know so is there any aren't any signs out there because obviously there was a lens there was a landscaper that mowed it so there are signs up now okay

to not mow it to not done i didn't get up there all right and now that it's not now that it's thriving no one's going to go into moab because it's there sorry okay now the lack of maintenance is a good thing any questions from the board just a quick comment when i was there in part to look at the that this you had a peregrine falcon fly over me

believe it or not a what a peregrine falcon coming from the ear coming from the part near the uh the quickest hand and it flew it right over it flew right over practically over my car in the parking lot hopefully you couldn't do anything on top of it i hope you haven't so you might tell them that you don't they don't poison try to poison pigeons or anything out there do they your seagull seagulls

but uh it was absolutely amazing so can i have a motion that uh order of uh conditions of compliance so move second okay roll call vote hi hi aye all right all right yeah okay all right thanks so much thank you very much and thank you for your help thank you goodbye

okay next is uh notice of intent sc-24-80 owner applicant is paul marquette project location is 48 brookfield terrace accessories map is u-04-0013 filed by civil environmental consultant inc on behalf of applicant the applicant proposes to construct an above ground pool pool deck it shed within a hundred foot bordering vegetative wetlands yeah that's the one that we printed earlier

okay luckily you got it in one day early great uh good evening for the record uh steve gioso with civil and environmental consultants representing the applicant this evening this is a buffer zone application for a lot within the highland farms 2 subdivision we are located at the intersection of brookfield terrace in fieldstone lane so this is a lot that has been developed it went through conservation review for

the house development number or about a year ago probably the house has sold and the current owners i would like to be able to locate a pool with a small deck associated with the pool and a shed in the backyard area of the house this is buffer zone we would we would have a silt fence erosion barrier as depicted on the plant installed i think as you mentioned earlier this evening there was a request

by the developer for a certificate of compliance with this lot the lawn area hasn't been established there's obviously some things that need to occur in order for that to be issued so this is good timing on the part of the current owner to try and get permission to construct the pool there'd be no proposed great changes associated with this they'll work with the natural topography

it's a modest size shed 10 by 14 shed and the pool would be an above ground pool so the preparation work would be a basic setting up the foundation for the pool some sand that goes down but no topographic changes uh being proposed and then obviously they'll have to reseed and re-establish the lawn that does get damaged uh if this project is approved and they are able to move forward with the pool construction so

again limited the buffer zone previously altered areas for the most part and i think adjacent to a detention pond there is a detention pond that's been constructed partially on the property and that does extend you know quite a bit closer to the wetlands than a lot of the the other work on this particular development so i'm looking for permission to uh add the pool in the shed mr chairman if i could

as i previously stated during the certificate of compliance discussion there was an abundant parcel that the homeowner had gone in and put in before without getting a permit when we brought that to the attention of both of these homeowners this homeowner and i commend him for it went through the proper steps to get the proper permit to install the pool it does fall within the limits of

the previously approved work um that there is still not you know a certificate of compliance being issued for so the only thing that i would say is as a special condition is whatever condition was in place prior to with the old number carry forward and that they both be wrapped up in the same certificate of compliance with both file numbers at a later date again this is all within the approved limit of work for the

subdivision and for the slot itself does board have any questions well my only concern is um you know maintenance of the pool would be backwashing um draining during the event of a storm where's that you know you get partially chlorinated water where will that be discharged that's my only concern you can make a condition of whatever distance you feel is adequate that pump and back wash facility needs to be

50 feet away from the bbw or wherever you want to be or whatever distance you're comfortable with as a condition um because they don't show the equipment you you can put a condition that the equipment you place yeah that's just um that's a pretty steep grade back there um not not so much now no okay so what happens it's a walk out basement uh okay okay i've done the same thing

yeah i'd just like to see in order to listen i make sure that my i hope it's a responsible homeowner i would just not like to see you know a drain hose from a pool down gradient out towards steep rock that's my only concern what we've done in the past not not with this commission but you can require that um all back washing be done uh into an underground pit at a distance you know

50 feet away from the wetland or whatever you're comfortable with exactly quick dry well so that's what i mean yes some kind of a pit and to note on this part of the reason why this pool is pushed so far back is because the roof drain drywall and installation for the house is directly behind the house so for them to put some type of a backwash pit closer to even the infiltration

to have enough room to available that because i don't want a handcuff on it there's a dimension of 25 so here's the welding so even if we put it up over here okay that'd be fine yeah so like on the southerly side of the pool there's room uh okay what does that involve for the homeowners is as basically a pit with rocks and just drain it towards it i mean my you know at my house the

the pipe for backwash does not go onto the ground it goes into a pit so you don't see the water coming out of it so it's just allowed to yeah i mean i don't want to impose any unbelievable right that's something that they have there no i would not put it into those drain fit this thing okay all right um i mean like i said i don't want to put any undue hardship on the homeowner it's

just that when you're talking about back washing it's a very small amount of water right but again you don't want it they're not going to want it on their grass because it's going to kill the grass if there's chlorine you don't want it to be into the welding or into the detention pond so putting it into some type of fit would probably i know in the past you've conditioned pools and the equipment

specifically with some special conditions yeah so we might want to dig that out for our future polls but yeah don't worry about it all right i i agree with what chris is saying about where that backwash goes but you also they're doing the right thing they're coming to the board and you want to impose additional cost on the homeowner right if you guys feel like it's something that's not going to be

uh you know add a significant amount of money probably a two foot uh might the other thing too i mean when you get a small three-inch rainfall in order for your skimmers to work you have to drain the pool right two or three inches in order for the skimmers to work so that's you know i can't do the math in my head but it's a 20 inch diameter pool by

three inches that's a lot of cubic feet of water that's chlorinated that you're pumping out that's my only that's the bigger concern than backwards to me okay and being but i also like and i agree with paul you don't want to impose a financial hardship on these people because they've done the right thing um what you find in the summer months what evaporates and what hits the pool is a wash so

normally during the summer months you don't need to take much water out and then during the winter months you're not chlorinating the pool so if that water level does get high and then it's not going to be pumped off so i think as long as they put in uh a three by three pit of crushed stone would be sufficient i don't think i have anything okay yeah no that that that's all right

that's making the point right you know they can three by two three by three seems like uh you know some something that's doable by the homeowner themselves and it's probably not without any probably without any heavier right yeah because again i want to impose on due cost yep that's that was what i was thinking too all right so can i have a motion to tie this in with the present conditions uh for 48 brookfield

uh with the um backwash pit 3x3 stone crushed uh stone 50 feet from vegetating the area motion so made second second uh roll call hi hi hi yes okay very good thank you thank you want these all now for signature are you going to deal with these now or how do you want to do it but we still got we still got something sorry i just want to get rid of my box okay

all right next we have our seat of correspondent review and discussion of permanent solution statement uh rtn 4.0029419 in front of 240 foot street uh this was sent to mayor paul coogan uh can i have a motion to place this on file called vote hi hi hi hi yes okay next is a requested certificate of compliance se-24-75 owner applicant william the spirito project location 97 tier marie way says this map is key 25-65

filed by one of these days i'm going to get this guy's name right gorsteki's engineering on behalf of applicant requesting certificate of compliance stating that all work and regulated by order conditions has been satisfactory completed i've been out quite a few times actually on this one if you remember they had filed a certificate of compliance and that's when it was discovered that they

had altered that wetland that was down on the slope um they've gone in and done a super job with pulling out that fill restoring that well into trees shrubs i mean we we required the top level of restoration on this fencing signage they've really done it yeah they did a nice job so i see no issue without you issuing the coc and um been releasing them from the enforcement act okay the board have any questions no

okay okay so can i have a motion to uh grant uh certificate of compliance cell move second local vote hi uh hi all right hi yes all righty uh next on agenda is approval of the minutes from august 1st 2022 uh can i have a motion motion approval minute second hi hi hi hi hi hi okay and before we end i just wanted to uh add to um i wanted to start a committee for um

wetlands bylaw protection for the city instead of just focusing on the state but also for us to have a stronger bylaw and uh i asked chris to head that up would i they'd like one more volunteer if we could what do you guys want to you slid that by me you were gonna hit it up very important that we don't have a quorum of the commission i'm gonna help you but we need just one more volunteer

uh we're not gonna reinvent the wheel we're gonna go out to other communities see what they have in their eyeballs and then come back discuss it in front of everybody then we have to submit it to the city council for their approval so everyone on their own time can propose or investigate research what you think you may want it has to be discussed at a hearing and we'll put an item on the agenda for discussion of

um so start your wheels turning and we'll make sure that we get it on an agenda it could be anything from if you go and you look at other municipalities even the fee schedule there are additional fees other than dep's submission fees everybody has them some of them are dramatic some of them are minor but the city may want you may want to uh increase some certain fees for syrian items

that get that gets submitted is that like the factor that got us to you know trying to put this committee together is the defeat is the fees one of the factors for trying to put this because i mean you're saying that's one of the things that we are missing out on some fees so i mean it will tie in with the buy balls but uh we could button up our we don't

really have any bylaws we have standard conditions and that's really all we have then we follow the states even you're 25 foot that's a policy that's not out of bible and that's significantly less than other than municipalities in our area so just think about it right again policies are great if you can get people to comply with them trying to enforce a bylaw and getting that voted in it's not just you avoiding

it it does have to go to the council so you need to be reasonable because when it gets presented to the council there is going to be opposition to it and they're going to hear about it right and and you don't want to stifle development reasonable development you don't want to handcuff the city you want to see the city move forward but at the same time yeah you know we we've i really and this

first came up with um what can i think of oh uh caitlyn was the first one that brought this up and at the time she had asked me if i'd be interested and she's the one that said we do not have bylaws in this city yeah we need to develop bylaws so that's that's that's how this began i supported caitlyn at the time and i still i very much strongly support the idea i'd help i'd also

there's someone else who's interested i might not well i know you like the recent way but uh here's your time to shine right most cities and towns have them when i used to go to different seminars when i wasn't doing conservation most of the places around were surprised that far if it didn't have bylaws that we were one of the only cities or towns around they didn't have separate set of bylaws for their own city

i'm just looking to like uh protect our wetlands a little better i don't want we don't want to make it too hard where you're stifling development but just to secure everything up and if i i can advise you baby steps yeah you don't want to come across with this comprehensive bylaw that circumvents wetland protection that can make things you don't want to create something that that is not going to get approved

because now you've accomplished nothing you can always add stuff later and go back if not so baby steps but with what you want to add in even if it's just a general framework of creating a bylaw with a few specific items to deal with pays to change but it's all it's created and that's the hard part then going in later and modifying them would be easier because the framework's already set up momentum

exactly well these communities have by laws it's not stifling their economic development no it's not so i mean you know that's always the thing that we say here we're afraid to do anything because we don't want but if you look at other communities yeah far stricter but again when you read in other communities all those rooms were not built overnight no don't look at a by-law and say wow

they got they pushed this thing through in in one town meeting because most of the towns no that's not the case it was they created the framework with some general guidelines and then every year or so you know get a little more yeah a little more a little more i'll give you an example just keep adding and adding so an example of this is when we were constructing the eureka channel river road road quick

bike path there we go um we met elim and i met with mayor the then mayor lambert and we simply had to we wanted to protect basically the quickest and and we added to it and we added to it essentially all the shoreline along the rivers and lakes well that was a mistake we got away from our original purpose and mayor lambert did not like it and we couldn't we talked to a couple city councilors

they didn't like it and we didn't do it and it turned out we really didn't need it as much on the kwikkeshan river as we did on some of these other places that would that we and we're familiar with what these are by the way one of them it'd be one of them that we need to really look at is the unnamed brook which i i suspect is the laurel laurel

brook but that's all right all righty what well it originates from oral late if we can have emotional adjectives hi all right yes all right