The Fall River Conservation Commission held a public hearing on Monday, September 9th, 2024, at 5:30 PM. The meeting involved numerous requests for certificates of compliance and notices of intent. Several items were tabled to future meetings, primarily due to ongoing reviews, pending information, or issues with legal notices. Key discussions included a restoration plan for an unauthorized cart path at 2450 Indiantown Road, which was tabled to October, and an update on significant site work at Bell Rock Road, also tabled to October. The commission approved an order of conditions for Bristol Tape Corp at 500 Innovative Way for industrial building construction, subject to final review by the conservation agent and site plan review. An order of conditions was also issued for New England Power Company's 4.2-mile transmission line project, conditioned on the issuance of a certificate of compliance for a previous substation project. Additionally, the commission approved an order of conditions for DDL Realty at 596 Airport Road for commercial development site improvements, subject to final review. Multiple certificates of compliance were issued for properties on Brierwood Lane and for the Yellow Hill Road rail trail and the South Coast Rail construction. The commission also addressed several requests for determination of applicability, including one for a pool installation at 298 Courtney Street, which received a negative determination with conditions. A notice of intent for 294 Fieldstone Lane, involving a new wetland boundary and an outstanding enforcement order, was tabled for more information. Requests for determination for Atlantic West LLC on South Beacon Street and Zero Stanford Hill Road LLC on Gamos Lane were discussed, with the former receiving a negative determination for border and vegetated wetlands only, and the latter tabled for additional documentation. A notice of intent for 565 Detroit Street regarding a pool installation was tabled due to discrepancies in wetland delineations and an outstanding order for the original dwelling. A request for determination for the City of Fall River on Wilson Road was tabled due to a missed legal notice deadline. The meeting also noted the resignation of Commissioner Paulo Amaro and concluded with the approval of the July 1st, 2024 minutes.
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welcome to the fber conservation uh committee meeting uh being public hearing on Monday to September 9th 2024 5:30 for Flo hearing room one government center uh 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 CES are therefore advised that such recordings or Transmissions are
0:22being made whether perceived unperceived by those present and deemed acknowledged and permissible we'll start with roll call to my left Chris Bo here lisis Ferrera John BR Jim kusich we also have Patty agar reporting secretary and Dan agar conservation agent uh first up is um notice of intent sc-24 d831 owner applicants Jeff Sylvia project location 2450 Indian toown road accessor map is w-
0:5734-12 filed by echosystem solution Inc on behalf of the applicant the applicant is proposing a restoration plan to remove unauthorized cart path created in or around 2017 from an order of conditions from 1997 D file number is se- 24289 this was tabled from July's meeting so to give you guys an update um as we had previously stated we did get the original order finally recorded so we got that part of it resolved Mike
1:27laasia through the water department is still working with the applicant uh with some of the outstanding items that we had requested that they provide so I checked in with Mike every month he said that they're still working on it and anticipates having something for the October meeting so I would recommend to table that matter can I have motion to table so moved seconded call I I I I
1:53right next uh review and discussion update on Bell Rock Road this is table from July 1st meeting so I was out at the site again this morning um I had sent John and Chris a couple of photographs cu the only cell phones that numbers that I have um they have done quite a bit of work out there as far as placing Phil and bringing in LOM now to get ready to be seated so they've
2:16they've made great progress in a short period of time so I would anticipate that Earth move Earth moving I don't think would probably be another few weeks it'll take longer than that of course to get vegetation to grow in but mhm the majority of the Earth moving is completed no there's been I want out there there's been significant work yeah like there was yeah so can I have a motion to table to October so moved
2:42second I I I I okay uh review and discussion adopting fee structures the state still working on the new uh fee structures so uh can have motion table to next month motion seconded I all right hi hi review and discussion of 1262 bright and half table from July first so as we updated at at the last hearing there was a draft site plan review uh water and sewer connection plan submitted still
3:17being reviewed by the uh commun utilities office hasn't been anything going on at the site beyond what we've permitted or allowed them to do Under the existing order so we'll keep an eye on it and I'll check in with the water want to see where they're at with uh with their review okay motion to table second second all in favor I I I I okay next is a notice of intent sc-24
3:45d838 owner is BBC reality holding LLC applicant is Bristol tape Corp uh project location 500 Innovative way s's map is w-1 19- 0187 followed by Zenith consult engineer LLC on behalf of the applicant the applicant is proposing construction of industrial building and Associate tree clearing parking util utilities grading drainage and uh Landscaping table from July's meeting so I give you a quick update on that um I
4:17had discussed our review um with Mr Binet from Zenith Consulting regarding some of the drainage analysis and potential ways of resolving it I did get an email plan about an hour ago um with those revisions but have not been able to give it any thorough review but I think if Jamie wants to give some level of presentation about what those changes were um we were really down to really
4:43just stall mot management and how runoff flows it's a fairly complicated site very peculiar uh as far as Wetlands mitigation and resource areas um none of that work has changed this is just really numbers and dealing with how water's getting through the site good evening everybody Jamie Binet Zenith Consulting Engineers for the record um I agree with Dan Dan had given us a nice detailed list of items that he
5:15wanted us to take a look at um this new plan which I did send him just this sheet today um understanding that he does need at least a week to review it so not looking for him to bless this plan tonight but um we we addressed every item that he asked for us to address which is one uh was infiltration I think that was the big one um we have
5:37sea soils uh and some areas do soils but we're providing infiltration um another concern that he had and and I understood it was um when the roadway was built there was a depression over here that water was getting to um and actually I believe before the road was built the water probably flowed across the roadway so what they did was they they installed a Culver um in the front of the commercial
6:02building across the street um Dan's concern and I share it with them was that the water would collect and possibly fill up this Wetland area and then come across our site and how are we going to deal with it when we originally filed our thought process was it would over top the BM flow across the pavement into the drain system and expel out and any overflow would just go over to the
6:27Wetland um Dan asked for us to provide catchment and send it through something where it's not overflowing the Curbing and sheeting over the asphalt I don't disagree with them you know with traffic and potential slip and fall hazards so that's what we've done we've added a nice double great catch base in here with piping that wraps around and gets the gets the job done it's not dirty
6:49water so it doesn't need to go through treatment it's also not um it's it's just uncontrolled uh and so our drainage C still work um um you can see the infiltration structures like I talked about earlier and then I believe there was some uh some comments regarding door placement what we've done is we've added all the stairs with the door placements we had we had the architect give us updated plans on the
7:13exact location of the doors so you'll see around the building here there's a set of stairs set of stairs in the back here set of stairs over here uh and then we also made sure that we provided the door locations in the front you'll see that so there's corresponding access ways to those doors so we had sent Jamie full review site plan review not just conservation related items conservation items uh were
7:39specific to the drainage which visually it appears they've been added to the plan and addressed um so the board can in one of my original even for last months was the board could issue an order of conditions um with a condition that final review uh of the plan is subject to um review from my office and from site plan review before we actually issue the order one quick question anything Shed from the property it's
8:08going easterly correct under or AC what at the time was going it's going Westerly Westerly so you're sending it westly okay that was my question so what happened was there was there's a depression that that's up along rigin back and you were concerned was going to go across rigin back well when that Wetland that's on the front of this property fills mhm it does overflow down so we have a wet an upgradient of our
8:30Dow so we don't we don't want it to flow easterly on riging back well it never did it always flowed Westerly okay but what this does now is that any flooding that happens in that Wetland bypasses their site bypasses the drainage system so nothing will get short circuited by the construction it just wraps around the parking lot got and Dan's right it is a little interesting because this is
8:52an elevation 188 187 this is 181 182 so it drops off on the side to a wet it's only about deep it's very shallow very shallow okay sounds good any questions on the board I don't know if there's any questions from the audience any questions all right so could I have a a motion for order of conditions with the uh final review and approval by the conservation agent and the site plan
9:23review I'll make that motion I'll second it second okay she'll figure it wel call vote I hi hi I okay thank you appreciate anytime next is a notice of intent se- 24840 owner applicants New England power company project location existing overhead transmission lines row sister map multiple locations existing R easement five by power engineer consultant PC on behalf of the applicant
9:59applicant of proposing construction of approximately 4.2 Mi of new 115 KV overhead electric transmission line within a hun right away of R between the U FIV Municipal borders with dart near uh Collins Corner Road to the existing Bell Rock substation of far this was tabled from July 24th so you may recall at the last meeting we had one outstanding item that had to do with the location of proposed location of 54
10:31square ft of replication area and we had discussed um with the applicant the ability to go back and look at the regulations and site or find a way for the replication area not to have to occur directly adjacent to the alterations because the alterations are scattered throughout the site so we did receive um in narrative form back explanations of the specific code sections that allow for the
11:00replication area to be handled if you remember on the previous site where the substation was built they had actually over replicated on that site that site has not yet received a auto uh certificate of compliance but I would have no issue with recommending an issue of an order of conditions for this project with the condition that the certificate of compliance be issued for the previous project that and compasses
11:30this replication area does that handle it all okay so can I have a motion issue an order of conditions with the previous uh I don't know if there's anybody in the audience oh anyone okay so um uh motion to uh order of conditions with the uh previous uh project uh I I'll make that motion I'll second it roll call i i i i next thank you very much thank you next is a notice of intent sc-24
12:20d841 applicant of ddl realy owners Madison F Fall River properties project location 59 6 Airport Road uh SS's map is z- 03- 0058 filed by aine environmental service on behalf of the applicant the applicant is proposing existing commercial development site Improvement this was table from July so just to update the commission um actually before we get started did we have a we have we have the ad and the green cards
13:00I think this one was just tabled you have the the legal ad and the green cards I believe C submitted those okay P check because I know them the hearing wasn't opened I don't believe at the last meeting but he may have sent them in I am not sure actually this is first y
13:45Yep looks like we've got them um so when these plans originally came in we gave it some review it's also before site plan review as well so we try to put both sets of reviews together um we did have um a couple of outstanding comments that were regarding storm water management we did receive a plan Thursday September 5th with what I think are the requested revisions I have not
14:09reviewed it yet um but what I would do we have not had a presentation at all on this yet so I would ask the applicant to give a presentation on it and then the commission can determine what to do after that okay um I'm Tim ainus from Abus environment that's how you pronounce it it's like have a against U but I so answer to anything uh on behalf of the applicant Sally
14:32engineer and we put together just aive uh uh aial I have some copies of that it's not the plan but it's to show how uh we stay in the P brand improvements so basically this is uh kind of a reconfiguration of 596 road you can over here kind of where the new building and parking lot will be um this area here is your buffer zone so anything that's happening is in the buffer zone
15:14pink is they're putting in a concrete pad for loading uh trucks and the parking lot is just going to be shifted so basically the same amount of uh encroachment to be uh the town BW foot not serve which is pink here mhm and additionally um they will be adding storm water like you mentioned uh the site doesn't have any storm water currently well I think there was one catch Basin in the middle of the site
15:48and that that was one of my questions about what is that catch Basin and where does it go but again I haven't looked at the revised submission I'm sure they address what's the um so it's this pink area we're looking at inside the 25t Zone what do you have an approximate square footage of that I don't should be the regular on the full size PL is it okay I'll check so they appeared before the zoning
16:13board of appeals um and actually doesn't reflect necessarily on this plan but they are acquiring a portion of the parcel to the Northwest um a strip to be able to provide uh the new parking layout and to make sure that they can meet the building set back that's why we've got multiple owners on this that was a problem with opening the hearing the first time uh was that they weren't
16:39included on the application so yes the proposed building falls within the 25 foot setback but I would offer that the existing parking lot also does and some of the spaces and and how they're using it this is basically a loading dock area that will allow them to efficiently control their site when parking around and they're they've added dramatic storm water management improvement from from what's on the site
17:09now again still being reviewed um so similarly as the last petition was um I would not have an issue with you issuing an order upon final review for my office as well as um site plan review um if you feel that the proximity to to the bvw is is adequate so they went before zba right what's that they went before zba yeah yeah that process is done okay so they've still
17:39got to go to the subdivision process there's still a few IA do and te to cross but this was the next permitting authority to go to Bo have any questions none anybody in the audience okay so do we want to issue a uh can I have a motion to issue an order of conditions with a revised plan uh viewed by uh conservation agent and site plan review and site plan review because I know the Department of
18:11Community utilities had quite a few drainage questions I'll make that motion second okay roll call I I I I okay thank you great thank you thank you everyone all right next is a request for certificate of compliance sc-24 d77 owner applicant is AIS real estate Development Corporation project location 27 Brierwood Lane assessors map is -5- 0066 followed by Allen and major Associates Inc on behalf of the
18:51applicant the applicant is requesting a certificate of compliance all work has been completed in substantial compliance with the order condition anybody here probably not the um I did do a site walk previously uh sent some comments out make sure they had all their Wetland signage up nothing encroaching beyond what the approved limit of work was they've uh LOM seated the site all the signs are up I would recommend the
19:19issuance of the certificate of compliance all right can I have a motion order compliance so moved second okay roll call I I I hi hi all righty next on the list is requested certificate of compliance se- 24- 779 owner applicant is AIS real estate Development Corporation project locations 53 Brierwood Lane acc's map is -5- z67 filed by Allen and major Associates Inc on behalf of the applicant the
19:52applicant is requesting a certificate of compliance all work has been completed and substantially compliance with the order conditions is anybody here not the same owner um as as the previous one was we went through the site walked the site made sure all the Wetland signages up areas have been um Loom seated so you can issue the certificate okay so can I have a motion issue an order or condition so moved
20:16seconded okay roll call I I I I all righty next is a request for certificate of compliance se- 24780 owner applicant is is real real estate Development Corporation project location 77 Brierwood Lane sessor map is -5- 0068 filed by Allen and major associate Inc on behalf of the applicant the applicant is requesting a certificate of compliance oror has been completed in substantial compliance with the order
20:49condition uh similarly as the last two everything is in order recommend the issuance of a certificate of compliance okay can I have a motion to issue a certificate compliance motion seconded roll call I I I I all right next is a request for certificate of compliance se- 24808 applicant is Joseph hfor uh owner Robert Murray Massachusetts land conservation trust project location yellow Hill Road assessors map is w- 44-
21:2600005 filed by the applicant the applicant is requesting a certificate of compliance all work has been completed in stantial compliance with the order of conditions so um this was the newest rail trail that was actually accessible Trail um with all the kids activities that was built they were done probably two or three months ago they did a dedication they already had a dedication in the opening they did a they did a
21:49great job so um I recommend the issuance of a certificate of compliance and if you haven't gotten out there it's a uh it's a nice spot good to see it's a short walk but it connects you to some larger trails I'm surprised they used the yellowhill address rather than yeah I know even when they filed it when we were reviewing it it was I I had difficulty finding it yeah was more more
22:08of the activities are on the Indian toown roadside exactly yeah it's a nice piece of property if you get out there look at it all right so can I have a motion as you a certificate of compliance so moved second roll call I I I right next is a request for certificate of compliance SE -24 d699 applicant owner is LS Carlson uh PhD PWS project location railroad RightWay assessor map na followed by
22:42applicant the applicant is requesting a certificate Appliance all work has been completed substantial compliance with the order condition so at this is for the South Coast rail um commu rail construction that's um been going on for a while um everybody's done a wonderful job on this I would lie if I said told you that I went and looked at all of this as about 10 or 20% that I have not been able to
23:09view my certificate for being on the the rail has expired oh no so I've been trying to look at it from outside and checking in on it um I did look at all of the major concerns that that you would have um and I would recommend the issuance of the certificate of compliance there of course is some some lman some lman seating is done maybe some Grass Road couple of different
23:33things here and there but um I don't think there would be anything that we would need to hold up um the certificate of compliance okay did you have anything to you're here you might as well give us something thank you Mr chairman I'm Dr lar Carlson professional scientist with VHB with me is Jee Fox project manager for mot didn't have an engineer as well um we are happy to answer any questions
24:00you might have I do have drawings and and um if you want to take a look at any of the minor deviations that we noted in our letter but we would appreciate that getting the certificate yeah I have no specific questions they had plenty of time to get it done because they got so many delays anybody in the audience any questions no uh so can I have a motion to issue an order of certificate of
24:25compliance so moved second roll call I I I I all set thank you much thank you thank you Dan for working with us everything next is the request for determination of accessibility D 192 owner applicant is Gabriel Pagan property location 298 Courtney Street assessor map is -5- 0075 followed by Allan major on behalf of the applicant the applicant is proposing the installation of 18 foot diameter pool and wooden deck as
24:59approximately 132 Square ft in size the addition of a 3tx 3T concrete pad is proposed for the pool filter as well as electrical conduct spanding from the meter of the to the pool filter location the applicant is also proposing a 12T X 12T paper patio so you had the way this worked was you had issued a certificate of compliance for the house construction and a bunch of the work I want to say
25:27was it the next day the next day or two days later the the land owner came in um looking for a uh sign off for a pool permit um so we had to be the bearer of bad news and tell them that he had to file a request for determination to come before you um very minor activity all falls within the existing limit of of lawn area U there is an elevation
25:49difference and rip wrap slope that separates this area of the yard from the bvw the site is surrounded in in fence already ready the only concern would be as it is normally for you is to make sure that the uh the filter equipment in the back wash pit is at a distance greater than 25 ft from from the vvw the only thing I see is the backwash pit is not included in this RDA so we
26:16need to be sure that right so I mean it's I I gave it as my comment that we want to make sure that that that is shown that way um so you can make that a condition of of that determination do you know where they plan on putting it I don't know where they put on planning it my best gu would probably just be in the back behind the deck just to kind of
26:36hide it out of the and I apologize my eyes are bad I don't want to dig out the plan but what is the offset distance is it already 20 greater than 25 ft from the Wetland to the limit of work yeah so the limit the closest limit of work is the back corner of the deck which is uh 26 1/2 ft from the BBW so it'll be 3 by 3
26:54by3 the backward pit 3 by 3 by3 okay yeah that's all I have okay have any questions anyone in the audience all right so can I have a motion to issue a negative determination with the stanker regarding the placement of the the filter equipment in backwash pit motion and seconded roll call I all I I all right thank you very much have a good night you too next is the request for certificate of compliance sc-24
27:32d653 owner applicant is Scotty and Jennifer VES project location 15 Anderson Street assessor map is D- 06-16 filed by the applicant the applicant is requesting certificate compliance all work has been completed substantial compliance with the order condition um anybody here yeah Mr vus is here but it should be quick um this was uh an order that was discovered through a new site plan review application for
28:03some other area on this site um one of the conditions that we had and that approval letter was that he come before you and get a certificate of compliance for that outstanding order um all the work has been done and compliance with that order which I believe was a pool and a garage um some lawn area so I would offer that to recommend uh the issuance of the certificate of
28:24compliance okay and then Mr ver can move forward with the the permitting of the new work okay okay any questions from the board so can I have a motion of certificant compliance so moved second roll call I I I I all right thank you thank you thank you next is a notice of a tent se- 24- 842 uh applicant owner is too uh tiberio and esal bores sorry I messed that up project
29:05location is 294 Fieldstone Lane assessors map -4- 0061 followed by James was on behalf of the applicant the applicant is proposing to approve W land lines constructed fence shed landscape in the buffer zone this filing is in response to environment uh outstanding enforcement order so you may recall this is the first law into phase two of Highland Farms so not the lot that had the big
29:33inground pool that was built the next went over um so finally the applicant and I know the applicant and I kept reporting it to you the applicant has been trying to find a consultant so I'm very thankful that Mr Walsh took this on to help resolve the matter so we did receive a plan that does a few things it uh establishes a new Wetland boundary uh through soils an analysis which the original W line was
30:00not very well done so that was done botanically the original line it was and I spoke with Chris Capone who was the Wetland scientist who flagged it originally um for the city no no no oh Chris Capone Chris Capone flag it for the developer for brist Pacific okay and that was on the greater anrad that that served the entire I'm just thinking he's with town of Westport so yeah but he he
30:25does Consulting work outside thanks um so we have a plan that shows a new Wetland line uh through soils analysis a new proposed limit of work some fencing 25 ft off of that new Wetland line the edge of the existing lawn um the only thing that I would ask is that and Mr Walsh and I had had discussed this was if there was a line drawn on the plan that shows where the limit of clearing
30:54is now not the edge of the lawn but where the edge of clearing is maybe I missed it but my only question be how many test bits
31:13were what land line mhm and well this is the original weapons line the green and the Green Line This is the existing lawn right yep and the uh clearing went down to the area of closed fence line and then beyond that was you know various grasses and whatnot and then at this point this is where like the Cinnamon Fern and the sensitive F came in and but even here with the my test P
31:48I did not have a wetland soil but I did have a preponderance of wetland vegetation at this line here and even using uh 50 factor of an inch on my water table for the soils so this is where I did put the wine so from here up is where it's been Disturbed and this is where they want to put the fence at the edge of the disturbance so in this test
32:11pit there were no like oxidizer Rises fuse or anything like that nothing in this test pit that caus you any concern this test pit uh what I did was a high intensity Sol so I line This Way the numerous augle holes okay going that way it's all in that yeah submitted and so uh this one was a non hydric ridgeberry okay uh soil the rest were actually coming out to be like wood
32:36bridges I when I spoke to the previous Wetland scientist he confirmed that he did not use soils in this area okay and believe it or not um that the area was extremely thick and I'm guessing convenient to flag along the edge of the very thick area could be a scenario um but what I would still ask for is cuz I still don't think it's clear is I want to if if that line of
33:07what's Disturbed is through here then then we need to see that line and then we need to see how this area is going to be rest start so if he okay so what we were proposing was uh uh this is this is vegetated this wasn't this area wasn't Disturbed it was as far as like the the ground cover those it was Disturbed if there were any Maples or anything there they were removed so uh
33:38basically uh we would leave this area alone because it's vegetating itself with what mostly grass is expence right now okay I mean I can add some Maples or something but well they'll take I think depending upon what this distance is so if we had that line you know if it's 5T in then maybe they'll they won't ask for anything but if that line is splitting the difference of 15 feet in between
34:07then the commission may decide that they do want some plantings of some sort along the back of that fence my question would be when did um Mr Capone first delineate this do you know how many years ago that was or oh it's expired I mean it was that was through an anrad before the subdivision even started so I've got a guess around 2018 my only question would be if they were were if there were Wetland plants
34:29here yep initially what changed well these plants were always Wetland plants right it would be where he flagged this bump out okay would be the question of how did he what was his justification here right what reassured me on doing it too was like delated the wetlands and the surve came in afterwards and what I did like to see is my Wetlands l is running cont which I of the see I'm
35:03halfway between 154 and 156 and it it almost picks up Contour well the Contour coming through but with this Wetland came back to Elevation whatever 155 and this one dove back as well so I can see the argument that maybe Mr Capone was lazy and flagged what well I don't think he's a lazy individual but I I I spoke directly with and he's not here proposing this for a reason so that's why I'm thankful here
35:33is where they put the retention Pond too so that okay and what to begin two so I don't have an issue with with the new line I would just like to see where the limit of disturbance was and if any restoration needs to be done in between that and the fence I can I can I can get that for you quickly uh so basically you want to know like from say from my
35:55Wetlands line up to the oppos fence the linear distance of the distribut or do you want the square footage no no just so if the same way you draw the edge of existing lawn draw a line that shows edge of okay that's you know unauthorized alteration or disturbance or whatever you want to call it and if it's wide enough then then the commission may want to do something with it and just so that you're
36:22aware directly adjacent to this proposed shed would be where that pool was constructed next door that that we just resolved that matter so this really was you know a bit of a bump in the wetlands line got yeah it could be a uh we'll just call it an anomaly I won't call the way but when they're out flagging you know 80 acres they don't think this 50ft section is important yeah but right that
36:51would be my guess when construction begins it becomes yeah okay so if we can get that and then uh just table it for the next meeting but I think we we're good on everything except for that one section great okay can have a motion to table so moved Second Great roll call thank you Jim I I hi hi all righty uh so the hard part's done yeah for that one next is a request for determination
37:23of accessibility d93 owner applicant Atlantic West LLC project location South Beacon Street sessor map h- 06- 0025 Follow by James was on behalf of the applicant the applicant is proposing to determine the Wetland property to apply to any future notice of intent so um legal ad get that and and we'll hop in so before we stop moving the board should make a determination if a request for determination for a site
37:56of this size is adequate rather than an anrad which is what you guys have normally asked for in the past that's for you to decide filing a request for determination is perfectly legal under a wellness protection act um but an anrad normally comes with additional information you know data sheets soil plots butter notifications that there's a lot that goes into filing an anrad which we can still request through the
38:22request for determination um but of course there's no filing fee either that comes along with this so the Board needs to make a determination one if they think a request for determination is adequate if you do then you can ask for the additional information like data sheets soils analysis um and then you can also make the determination since we receive no fee to offset the cost and time to review this
38:47if you feel that a third party review is required now all of those things being said this site was the subject of an anrad in 2016 SC 24685 that I actually filed with this office and Mr Capone actually flagged out so um what I did was I overlaid the previous plan with Mr Walter's plan within feet they're the same I mean this is a site that the topography generally dictates where the Wetland line is um so
39:19I would have no problem on this specific application because of the previous anrad that if you took Co extensions and everything else that's probably only just recently expired um one thing I I would know is that um the application is only for bvw so if there are any other resource areas on the site you're not making a determination to that so you're just approving um because there is some
39:44whether it's intermittent stream or perennial stream some Bank um that's associated with the site so you're dealing only with the bvw at this point in time from what I saw of the development plans I don't think the other resource areas would be a concern but we can deal with them at the time of notice of intent if they do exist so Dan if I'm correct me if I'm wrong but that
40:04was pretty much an industrial site it was so this is this is the parking lot area of Duro on globe and Chase um me recall we had just permitted a storage facility y um on the piece adjacent to this so this is the next piece over we going closer to to chase um it is basically an entirely cleared site now some pavement this was the site of some fill that was placed on the Upland
40:31Portion by Jamie Duff a number of years ago I did not find a formal enforcement action that the commission had had filed um for the property um but I know the site has just sat vacant since then probably terrible fill too right I don't know I don't know um but we're only dealing with with Wetlands at this point but the Topography is such on this site that I don't think it would make a
40:55difference either way and the last the last application was um very consistent with what Mr Walsh said long has it been consistent okay let Mr Walsh give a presentation sure if You' like to add anything no just this case it was very uh great specific yeah very very steep drop I know and the water body that this involves is the Overflow from cook um that runs down glob street through the Mills Daylights again back
41:30through the Mills through Duro there was a a canal that ran through some of the Mills the Ukrainian club that runs down through there then it Daylights underneath the bowling alley it Daylights once you get past the parking lot of what used to serve Duro then runs back down to Bay Street at the bottom of Cent actually split there's a split there there's a wear that splits it to want to go to Globe Globes Glo Mills
41:52Avenue and then the other to go to The Print Works over very cool site behind that development on Bay Street oh yeah years so there were a number of single family homes that were built so yes this this stream runs behind those houses so it runs between um directly adjacent to where Walter Ferman company is at the end of Liberty and all well yeah so no issue with the negative determination on this but be specific
42:20that you're only looking at dvw yep okay so GNA have a motion for a uh uh termination with only uh approval of the border and vegetated wetlands motion second call I I I I thanks next we have a request for determination accessibility -194 owner applicant zero Stanford l Road LLC property locations 526 gamos Lane cessors map w- 09- 34 filed by James Walsh on behalf of the applicant the applicant is opposing
43:01determine a wetland boundary to apply to any future notice of 10 um so again as the same narrative as the last the Board needs to make a determination whether or not um they feel a request for determination is adequate for review of a piece like this I have no knowledge of this piece does bard of the southw up a pond from what I can see it's a fairly easy Wetland boundary um majority of its Upland
43:26develops sites how many how many Cottages are on that piece there was a bunch of stuff two that can be rehabed one's in really tough shape and two or three more of that are combination of just SL leftover slabs and ws and stuff so previously developed area the Wetland is just what's directly Associated to the pond that being predominantly in La yeah all through there so that being said um
43:53the plan and I know Mr Walsh did not do the plan um doesn't show property boundaries it shows a number of stone walls but no boundaries so I would like to get a plan that we can lock down where the property line is in relation to the Wetland line and you may ask for um some simple data sheets of soils analysis in support of the line if you choose to accept the the request for
44:16determination and then make a determination if uh if peer review is required as well I I would say that with know a few exceptions on that one there's not too much that I could do in soils because it's the boulders coming up from the edge of the pond and then the trees and there's not a lot of ability to dig in that in that spot but some analysis of vegetation at least or
44:43bank or whatever the topography however it I again I did not go look at it yet this only got filed whatever it was the day of the deadline um but from what I can see it's fairly straightforward um but to be cons consistent the board should make that determination okay but in anything we we at least need a plan that shows the property boundary yeah if you want to table this until we can yes
45:06see such plan yes but I but I think you should at least make the determination that you feel that because of the site that request for determination would be satisfactory at this point with receiving the additional information I don't want to hold them out a month and then have you tell them oh no now we want an anrat so let's let's give let's give them their marching orders of what
45:27we want you know before they come back with with the other additional information okay so that would be a continu to October continu just a continu okay perfectly fine so going to have a motion for determination with uh supporting a documentation that show show the property boundary lines um make that motion roll call I I I I okay anybody thank you sir good to see you have a good night next is a notice of inent se-
46:0724843 applicant owner is maros Fritz uh project location 565 Detroit Street assessor map is e-27 0042 filed by Farland Corp on behalf of the applicant the applicant is proposing to install an inground pool concrete pad and paver pad IO with Associated radio did you get any green cards back or you just have just no they return re rather have those and unless if you have a white one that didn't come back
46:42then give us the white one but you can keep the white slips for yours you can just check them P make sure yeah I think there's a couple that didn't come back okay um so before the applicant gives their presentation um just let me give you a little bit of background and Narrative of of the site the dwelling was constructed under file number 24509 um no certificate of compliance was applied for for that work so that's
47:07still outstanding on that plan um the approved bordering vegetated Wetland and limit of work is drastically different than the wetlands line shown on this plan again these things happen for a number of reasons but I at least have to bring it to your attention we'll figure out why um and the limit of work is far beyond what was approved under that initial order um what I would like to see is a
47:32revised plan that overlays what the old Wetlands line was or was it was approved and then we can make a determination of is the new line accurate why is it so different than the last one um making sure that we get some of that additional soils information or soil plots or data sheets from the Wetland consultant that that flagged this as well MH once we do get that new new line in and I I drew it
47:59and overlaid the two on on the plan it it's substantial um at that point and I think we'll get that information before the meeting um the commission may ask for some of the proposed work to be reconfigured whether like for instance if you you were to turned that pool 90° you're pulling it dramatically away from the we get flag out now I do know that there's an existing fence that's already installed in the back
48:29there that doesn't mean it should be there so they may ask for turn the full 90 degrees bring that fence in to be 25 ft off the old line so similarly as we just did with the last applicant until we get all of that information it's kind of difficult for the commission to give you Direction um that being said we'll you give you presentation for the the work that's being proposed and then the
48:52commission can uh can act appropriately thank you SOA from Farland Corp um for the work being proposed the Wetland line that's delineated on this plan uh was done back at the very end of June of 2024 the start of July um all of the work on this plan that's proposed does not fall within the Wetland line there's also a flood zone at the rear of the property and that none of the work
49:17proposed Falls within that line either as as Dan mentioned the entire rear of the lot is fenced in um which acts as a physical barrier between the Wetland line shown on this plan and all the work that's being proposed um the very rear corner of the proposed concrete pad apron around the pool is 23 and 1/2 ft roughly off of that Wetland line that's the smallest portion of of work that is
49:42within that 25t buffer but everything other than that falls out of that falls out of that buffer zone and apart from that a 16 by 30 proposed pool and all the proposed grading um at least one okay all right just and I I didn't bring the full sizee plan but I can send this to you that's just a a photo copy of so here's the locus loot here was the limit of work as it
50:10was approved and that's the BBW line so take that you can use that okay and this is what I came up with just roughly when I overlaid it yeah was that the wetlands line is here this is the new Wetlands line no no that's the old Wetland line that has the outstanding order okay so we want to see that on the plan some data to support the new line and then
50:34maybe we'll make it we'll see how we can a difference it's it's it's Dramatical and it's 136 okay yeah yeah so I think I move the out be table until we can reconcile the two Wetlands delineations figure that out um and determine if the plans need to be reconfigured what we're going to have to do too is we're going to have to close out the original order so the original
51:06order and you'll see the file number on there we can send you copies of all it and I think maybe what the problem was it was for five houses okay that ran along and anything that was close to the Wetland they put under one order of conditions so one person had come in I'm I'm assuming a bank M probably during financing for somebody to come in and get a partial release for their one
51:25house so by no means are we asking for a certificate of compliance for all of the houses but we want to deal with at least getting this one released from that order because somewhere along the line somebody wants to refinance or sell or do whatever it'll pop up yeah so before we'll be able to approve this one um we'll have to deal with that clear that up yep clear that up first but I think
51:48that additional information will help the commission okay Chris has a motion do I have a second second R call all I I I thanks thank you next is a request for determination accessibility -15 owner applicant city of Fall River Property location Wilson Road assessors map w-11 -010 followed by gcg associate Inc on behalf of the applicant the applicant is proposing Reclamation of regard uh
52:21regrading side slopes Paving of existing Wilson Road starting at riggenbach Road heading East toward the beginning of Causeway across from meta Pond stopping prior to the start of actual Causeway work also includes Rehabilitation of the existing swells shoulders as well as Loom seating of disturbed areas within the uh Road layout and any necessary work as specified uh in the contract I
52:45guess they didn't file legal notice so the applicant um what happens they submitted the day of the deadline and when they called The Herald lose because of the holiday it would not have been posted time so we get table from next month and we'll deal with that one so move second second okay r i right hi hi all right next if we can have a motion to put on a file of Correspondence of
53:12chapter 91 Waterway license application from New England power motion to place on file second all in favor I I I all sorry we did have a resignation from Paulo Amaro um we wish him the best uh his time here was well served I would like to note that um and Paulo was great on here he was always anxious to learn um did his research he didn't resign because he didn't want to be on the
53:41Conservation Commission anymore he he was yeah the mayor was trying to appoint into the zoning board of appeals which was the board he initially wanted to serve on but there was never room for um in order for him to be appointed and appear before the council he had to resign from the commission otherwise he would still be here when he went to the the city council things didn't go as
54:03well as we had hop so we've lost a good advocate for serving on any board in the city of course absolutely um so he will be he will be sadly missed sure agreed uh let's see next approval minutes from July 1st 2024 meeting motion second I all uh public input zero can I have a motion to adjourn so moved seconded all in favor bye right very good