7.7.2025 Conservation Commission

Welcome to the uh Fall River Conservation Commission meeting today, July 7th, 2025.

Um, pursuant to an open meeting law, any person or any person or persons making an audio or video recording of this public meeting or any or may transmit the meeting through any medium. Uh attendees are therefore advised that such recordings or transmissions are being made whether perceived or unpersceived by those present and are deemed acknowledged acknowledged and permissible.

Have a roll call of uh commission members.

We start with you Tim.

Tim McCoy say Tim McCoy here.

Yeah.

Uh Lewis Ferrer uh just to save his voice. John Brandt, Jim Cusk, and with us also tonight, uh, conservation agent Dan Aguar and recording clerk Patty Aguiar.

Uh, just returning to some old business to begin with. Uh, number one, review and discussion of update of Belrock Road. So I can offer that some additional grass is establishing, you know, over the time period. We're not going to see much happening now over the the heat over the next few months, but it's it's definitely progressing. It did look like some additional work had taken place

since we I called that to the last meeting to have them do some additional um seating. Uh so we'll just wait till the fall and see see what comes in, but definitely improving.

Okay.

Uh, is there a motion to keep this tabled for the next meeting?

Motion to table.

Second.

All right. Uh, roll call.

I I I Okay.

Motion moved.

Next, a review and discussion adopting fee structures. Uh I think we'll um I think uh we'll make a uh if there's a motion to table this till the next meeting.

Motion to table till August. Second.

All right.

Vote I I I right.

Uh review and discussion of outstanding enforcement orders.

Nothing to add. Um nothing new or no new correspondence with regards to the the few of the outstanding orders. So we'll keep you guys up to date on those.

Okay. Very good. Motion to uh table that.

Motion to table. Second and roll.

I I I Okay.

Okay. Notice of intent. Uh SE-24-843.

Applicant owner is Marcos Fritz. Project location 565 Detroit Street Map E-27-000042 filed by Farland Corp on behalf of the applicant. The applicant is proposing to install an ingground pool with concrete pad and PA patio with associated grading.

So I did receive email correspondence from the consultant requesting that this matter be tabled till the August meeting.

Motion to table. Second.

Vote on that.

I I I All right. Motion to table passes.

Notice of intent SE-24-847.

The applicant John Henry, owner Harkkins Whitefield LLC. Project location 121 Whitefield Street. Assessions map C-17, lot 0024. filed by Sha Ainsworth of Insight Engineering on behalf of the applicant. The applicant is proposing to construct uh proposing construction of a single family dwelling.

Again, email correspondence at 3:20 this afternoon. The applicant is uh requesting that the matter be tabled.

Motion table item five.

Second.

All right. I I All right. Motion table has been passed.

Next item, um, abbreviated notice of resource area delineation or ANRAD, SE-24-851, owner applicant, uh, One Shore Street, LLC. Project location, One Shore Street, Assessor's MAP H-20, lot 0001, filed by Devon How of Bees Associates, Inc. on behalf of the applicant. The applicant is seeking to conform the boundaries of boarding bordering vegetative wetlands. This was tabled from our last meeting.

So you remember um may recall that this was one of the items that we had sent out for a third party review. Brandon Fann from Ecosystem Solutions is here this evening. Um he had reviewed the originally submitted plan and documentation, provided us with a report. Um, I have worked with with Devon over the last couple of days to get this tidied up a little bit. I only have one outstanding item. Um, and

that's whether or not they have a wiper zone shown from the seawward direction from the bottom of the coastal bank.

There's two coastal banks on this property. Happens sometimes.

Um, I just don't know if that buffer zone is needed. So, I'm hoping we can get some clarification on that whether we have to add it. But we we can get the presentation, green cards and the um legal advertisement and then continue from there.

Okay. If you gentlemen can just state your name and who you represent.

Uh Devin Hal from Beiel Associates representing the applicant one Shaw Street LLC.

Okay.

Um give to give do you have the green cards and the legal?

Uh the uh first hearing we had back in March when they were submitted then?

Yeah.

Okay. and we submitted them.

Yeah, we wouldn't have been able to open it without it. So, we should have those.

I I specifically remember because it was particular that we had those and I was glad I had it.

Got it.

Go ahead.

So, last we met with the commission. Um we uh the commission decided to send it out to peerreview to uh ecosystems. Um and we've been working to address their comments. Um the uh really the the major um points uh was to add uh the mouth of the Taton River um which extends right here. Um the entire subject property um is titally um impacted. Um however the Taton River starts here working its way um northeasterly

site. So what we've done is we've added the uh delineation of that river which is more or less um along in this area right along the property line where it transitions to a man-made seaw wall. It follows coincidental with that seaw wall. Um I'm sure as the commission knows Fall River uh has the 25 ft riverfront area that extends um off that edge.

Um what we've also done is uh there was a comment from ecosystem um which is what Dan was speaking of um that we had to revise the plan in accordance with the mass D policy which delineates um or defines uh what's coastal bank um on this property. So we adjusted the coastal bank slightly um along this edge um more or less if the slope is steeper than 10 to one it's coastal bank um and

then we've gone ahead and added these coastal banks as well as this one here um as well as this one where more or less the easiest way to describe it is if you're below the flood plane um and you are steeper than a 10 to1 slope it's Coastal Bank. So the air internal area of the property where it's flat um that's not Coastal Bank. However, where that slope steepens up to 10 to one or

greater um that is uh Coastal Bank. Um a few nuances to that, but generally that's how it works. Um Dan brought up a great question this morning um that we've been looking into is does the buffer zone extend seawward um off these coastal banks.

The answer to that question is I don't think so.

I don't think so either. Um but so that's what that's the only outstanding item that I would have because normally when you have a buffer zone to a coastal bank it's to protect the integrity of the bank upgradient from the bank.

Mhm.

Um so when you're working in the opposite direction wouldn't think there would be a buffer zone. I' I've had numerous projects in my past life where I've had multiple coastal banks which some people call them topographic anomalies. That's what the town of Bourne called it the first time. Um, but I've never seen a buffer zone associated with it seawward. Of course, there is one landward, but

that's into the railroad and off of this property. Um, so I don't think there should be. So, I would recommend that after we get the rest of the presentation, but if you didn't have any other questions, you can approve it conditionally upon getting that item resolved. Not that I think it would make a difference in any of the further permitting um that the site may undergo, but you want to get it right.

Okay.

I I think that that was ultimately the same way that um I kind of lend my decision on was I don't think it matters um at the end of the day because more more or less the entire subject property is located within the FEMA flood plane um with exception to some small areas.

the entire site. If we were to file it, you know, either a request for determination of applicability or a notice of intent down the road, the commission would have another bite of the apple because really any work that's done on this property would be subject to um review um and approval by the conservation commission.

Okay agreed.

Is there anyone uh here to speak otherwise on that?

Okay. Any uh comments or questions from uh commission members?

Comments?

Those are new.

Yep.

Any emails from earlier in the day?

How however the commission would would like to handle this. I do have seven hard copies of this latest revision.

Okay.

Um I had sent Dan over an unstamped version um earlier this morning, but again, whether we show the buffer zone and or whether we don't show that buffer zone, it's it's indifferent to us, we can handle it. However, I think the plan is to find a way that is, but just conditional just condition that if it's determined that there is not the buffer zone Cword of the bottom of the second coastal bank, then they

shouldn't be held to any applicable performance standard that that may apply. and they come back to file for notice.

All right. May there be a motion for uh for approving with that uh uh special condition.

Motion to approve pending the special condition of the Seabird buffer zone.

Okay.

Second.

Second.

Vote. I I I um would you like me to hold these hard copies and then we can make that revision and mail?

No. Well, there's not a revision to made. It's just going to be a condition that when you when if someone files a notice of intent.

Okay.

We'll address that buffer zone. Okay. At that point, just one.

You only want one. Take two. Two.

She doesn't like page.

Thank you for all your hard work. Thank you very much. Hopefully we can work with you going forward further. Um the other one that I had mentioned to you, they didn't place their legal ad. So they won't be even.

So there's no reason to stick around.

You shouldn't stick around. I had asked Brandon Brandon to stick around and hear the initial presentation from National Brits. If we were going to send that out for third party, it would have been added for him to hear that presentation.

But since they didn't put their legal ad in and we're not going to move forward.

No need to any information you want to forward to me.

We will be in touch 100%.

Thank you.

Thank you all.

Appreciate your work.

Thank you.

Okay. Next is notice of intent SE-24-855 applicant owner Weaver's Cove Industrial Park LLC.

Project location New Street assesses map T-2 lot 0001 filed by Chris Ferto Feri of Guarded uh Consulting LLC on behalf of the applicant. The applicant is proposing after the fact restoration of areas cleared of vegetation. This was tabled from our June 2nd meeting. And I think this is what you were just Yeah, that's what just I don't know if there's anybody here for this tonight, but yes, I would. We got again late

email today. We usually call everybody and say, "Make sure you bring your green cards. Did you bring your legal ad?" Um then get an email later in the day saying, "Nope, we apparently did not place the legal ad." So they will be doing so. Um and they should be placed on the August 4th agenda.

Okay.

So motion to table item number seven.

Second.

All right. I I I motion table passes.

I would recommend that you take a vote to move item 08 to the end of the meeting as we're waiting for Mr. Tolman to go collect his green cards.

And make a motion to take item number eight and u reposition on the agenda till the uh the end after item 11.

Second.

Okay. I I I All right, we'll return to that one. So, the next is request for amend amended order of conditions SE-24-764 owner applicant Natalie Kimbra property location 221 Fieldstone Lane Assessor's map U-4-0058 filed by Oxbow Associates Inc. on behalf of the applicant. the applicant seeking an amended order of ambitions tabled from our previous meeting on June 2nd.

Good evening. I'm Brian Butler from Oxville and Kenny the engineer just stepped in the hall. I think he Okay.

We don't want to miss again.

You love that hallway.

You remember the last meeting when we walked out of the meeting at the end of the night. They were standing out in the hallway. They didn't was over. I think they had been called. So, get this resolved.

And is it all right, Mr. Chairman or Dan, if um can I call the owner who's on vacation now just to have him available if he needs to respond? I told him I'd try to do that.

It's already been open.

It was a couple months ago.

Maybe he's out to dinner.

Yeah.

15 minutes ago, but

Mr. Chairman, this is just reduce size for each of you. So, okay. Uh

If you could just state your names, uh, if you did, I think you did, but just state your names once more.

Brian Butler, Oxbow Associates. Good.

And Ken M, senior project manager of field engineering.

So, um you may recall this is one of the longer outstanding enforcement actions.

Um one of the lots out in Fieldstone Lane Farm face 2. This is the one with the outdoor kitchen, the retaining wall, the enlarged patio area. So, um the owner acquired the services of very qualified people, which I'm I'm glad. um they proposed um an amendment to the original order and conditions because if you remember we had never issued a certificate of compliance because of this work. So we

had discussed it and the quickest way to get to the resolution was just to amend the original permit. So we have one file number still one permit one close out.

So they've submitted a plan for that. Um a little bit of a different wetland delineation than what was previously approved on on the original plan. Um some of that stuff has has been addressed. The only question um that I still have is that my recommendation is that there there is an area which would qualify as an altered uh wetland down in this little triangular area to the north

west of the property. That little right there. Uh my recommendation is that that should be recognized as an altered area and replication area required uh for that. The remainder of the work that was done outside of the previously approved limit of work is all buffer zone. So you can determine whether or not you're comfortable with the expanded footprint of the of the limited work area. Um

nothing proposed other than the removal of uh some invasive species and grass.

So that there are no structures being proposed, no sheds, no pools, anything at least at this point. Um anything of that nature. So we'll let the gentleman give a presentation if they would like.

But the only outstanding items that I see um would be the requirement for that small replication area as um and then determine if you're okay with the expanded footprint. That's it.

Okay.

want me to kick it off or you want me to kick it off or I'll just I'll try to explain thanks to the summary again. Um we did ask for an extension on this last year and which would have expired July 1, but with the governor's two-year extension, we're still still um valid in that respect.

And up here, I honestly when I first got the information on this and I looked at the aerials one, I said, "Oh boy, these filled wetlands were, you know, kind of in the in a bad position." Then when I went out there, I honestly didn't think it was I I'm not infallible. So I I didn't think that was. And we're rather than argue that point and dig a 4 foot

hole to see what was there. Um there is a slope here now. It didn't appear to be filled to me, but like I said, I'm not infallible. Kenny has provided a equivalency in replication here. As Dan mentioned, the line was slightly different. I assume this was delated five, six, seven years ago originally.

Probably longer than that. Yeah. And there was um which you know is at least some variation and there was some activity back here in the buffer zone with equipment. Some soft rush grew up in places that it probably won't won't persist you know when it dries when it gets out competed. But um I've tried to flag this as accurately under the current conditions as we could including the the backside here which is really

inconsequential um to to anything we're proposing. the activities are here, the patio, the um jac jacuzzi pad and so forth. And then Kenny has provided I'll ask him just to summarize it better than I probably can in view of the additional imperous surface that wasn't initially permitted but is as you said only in buffer zone.

Uh Kenny's devised a means of uh capturing that and attenuating the storm water. We had a slight excess anyway in the predicted storm water because the structure was a little smaller. I think Kenny was that but so he accommodated that as well as the additional impervious um and came up with a scheme so that the it'll balance the storm water exiting the site um or at least the rate um the only structure

that you said no addition the only structure is a fence that we want to put there all of this is Japanese notw weed just monotypic nasty um it's going to take some doing to get that out of there but that's our intent is to abolish that, put a fence up so that it can be maintained as a lawn in the future.

There'll still be some notw weed growing out in the hinter lands in the buffer zone, but we can't really control that.

But at least this area will be salvaged as a lawn, which arguably is equivalent to slightly better from an ecological standpoint than a monoculture of notweed. Um, with that, Kenny, I'll ask you just to give a brief explanation.

you have a narrative, but I think Kenny can yeah give you a quick summary of just for clarification. What you see in red here was the um was the transposing of the the information from the original plan of record for more comparative um comparative analysis of what was originally permitted versus what was uh you know what was physically constructed out there. And that was that um you know

one of the requests that Dan Dan had in the last um the the last revision that we did make to the plan. So So it does Yeah. And you know as Brian said we acknowledge this as um based on the original delineation not the not not the subsequent delineation that was done by Brian but we acknowledge this here as being an impact area. We provided and that area is about 251 square ft. Um, we

provided a one-toone replication area here and I believe there's a variety of um, it's going to be planted with like a New England uh, wetland seed mix with sweet pepper bush and um, blueberry.

What's a what vaccinium cold?

Hibush blueberry.

Hibbrush blueberry. Thank you.

And hibush blueberry here. And I think that this would, you know, if the commission sees their way to, you know, eradicating or attempting to eradicate this this notweed area here, this will also serve to give this area kind of a kind of a boost to maybe reestablishing some of the wetland vegetation that was in that buffer zone prior to the attack of the invasives there. Um, you know, it

really, as Brian said, it's the lesser of two evils having, you know, having the lawn area there versus, um, you know, versus the notweed. So, um, and again, there's a lot of buffer area back in here, too, that, um, the expectation would be that, uh, you know, we could get some vegetation migrating back in there, but as long as we could keep this Japanese knweed under arrest, you know,

and I think that that that's key to this whole thing happening. uh between the restoration of a wetland here and um the eradicating the invasive species.

As far as the impervious area footprint, when you when you can you can see the dash line here, that was the original footprint of the building that that was approved. You can see the structure is somewhat smaller. So that area sort of offsets some of the um you know some of the impervious area that was subsequently added to the rear yard area. But what I did was I looked at it from the water quality volume standpoint

and analyzed well what was the you know what was the required water quality volume in both the approved the the previously approved permit versus what we have now and I took the balance of that the difference between the two and we provided kind of a rain garden scheme on the edge of the patio cuz he has he already has planters that are between like the um there's a there's a there's

a block wall on the outside there and he's already had like planters in there.

So, what we're going to do is dig out the planters, modify the soils within the planters there and and provide provide some above ground above ground storage there. So, it has a filter media so anything that does run off the patio will run into the planted areas.

And I I I think under the conditions, I mean, granted, I mean, we're we're there's a lot going on here on on a very small lot, but I think I think under the conditions, I think we've come up with a mitigation plan that's probably the best fit that we could do in in in this lot here. And at the same time, um hopefully, you know, mitigate what the um you know, some of the added features

that were implemented on the plan.

Okay. I'm open for any questions.

Anything from uh commission members?

Audience?

Anyone from the audience uh for this matter?

And so uh Dan, if you can uh say again, I would recommend an approval to amend the original order of conditions.

Yep.

subject to the receipt of the revised plan which I don't have a copy of yet but okay and that revised plan shows now this this additional impacted area yeah you have these if I may um you have these plans yeah you sent them almost immediately after the last meeting yeah we mailed out the hard copies hard copies I don't think we have them on top this is the what's the This is the one that I have

revised which is the previous one that does not 5:1525 is the most recent time that I have. Should there should be two two revisions in the in the revision block.

Yeah, we receive June 9th.

You have it?

Yeah, it's not.

There should be a ref two on on the plan that I sent you.

Any upper right hand upper right hand revision block?

See if we can receive this revised plan.

You have it. Okay.

All right. Thanks.

That's it. We're good then.

Okay.

All right. Uh, before I lose my place, uh, motion from the uh we get a copy of that commission.

Motion to approve the amended order of conditions.

Second.

We have the revised plan with the revised.

We have, we have the revised plan. So, all right.

Uh, roll call.

I I I Okay, very good. Thank you, gentlemen.

Thank you for your time.

Can I have one of those plants, please?

Thank you.

All right. Next is uh notice of intent SE-24-856.

Applicant owner Fall River Redevelopment Authority uh Sarah Page Project location 600 Deval Street Assessors Map 0-22 lot 0012 filed by Elise Trip of Beta Group Inc. On behalf of the applicant, the applicant is proposing the installation of public pathways, development of three new mooring fields and the installation of a dinghy dock along within Northfield Point to increase public boating access

to to and enjoyment of the waterfront.

Repairs to the existing deteriorated uh reventment surrounding Northfield Point are also proposed and this was tabled from our June 2nd meeting.

just to help follow along. I just reprinted some of the pictures just to get a visual while I chat away.

Is this too low?

Uh so my name is Elise Trip of Beta Group and I am here with Karen Martin of the Fall River Redevelopment Authority and so we are here for the uh Northfield Point Improvements and Redevelopment Project. So, the purpose or the the work is proposed for uh to create a a passive public recreational area at 600 Deval Street, which might sound familiar to you. City Pier is located just on the

south side here, and that both of those um areas are located at 600 Deval Street. We're also proposing work in the Taton River uh to increase boating access to the river and to increase tourism from that public voting access.

So, uh, as I mentioned, City Piers to the south, we have been to the commission for City Pier a couple times in the past in 2021 and 2022, uh, for landscape improvements and, uh, installation of floating docks. So, just to kind of orient us a little bit here, this right here is the Northfield Point Peninsula. We're kind of working in this area here. So, we have uh, the Point Gloria condominiums to the north. We

have City Pier to the south, Deval Street, Route 79. Over to the east and then to the west we have the Taton River. So there is the bicesentennial park trail that runs right through here.

So we are going to be working only on the west side of that trail to redevelop this peninsula which is it's currently fenced off uh to prevent access in there. It's very overgrown. Some debris and miscellaneous things have been dumped there over time. So the goal is to clean it up.

And as far as resource areas go at the site, we have quite a few. So I'll just run through them really quick. We have the land subject to coastal storm flowage. So we're going to have our flood zone AE at elevation 15 and our flood zone VE which is a wave action up to elevation 17. We have our coastal bank here which is going to be in this darker blue solid line. And that was as

previously described by somebody else that was presenting that was done through topography and that 10:1 ratio.

Uh we have our 25 ft riverfront area that's going to be in our teal color that kind of has a teardrop at the end and is just right around the edges. Here we have a rocky intertidal shore that's going to be between the mean low and the mean high water. Around the edge here we do have salt marsh. uh we aren't going to be impacting any of the salt marsh

but I do just want to note that it is present and then uh within the Taton River we are going to have land under an aimous fish run land subject uh land under ocean and land containing shellfish as well and then last but not least we are going to have a 100 foot buffer zone uh to the coastal bank. So the project was designed to comply comply with the performance standards uh

for all the resource areas that we are impacting.

And so I'll start with the work on land.

So as far as work on land goes, like I said, we are going to be working on the western side of this existing trail. So we're going to be creating a walkway here. It's going to go right down to the peninsula with a uh seating area and then another extension of the walkway along the coast here and then connecting right back to the existing walkway.

There'll be uh some granite block seating, some light ballards as well as uh work to uh manage the invasive species and replant and uh encourage native growth as well. And then we're going to have work on the existing roof that is in poor condition. So if we're going to have people enjoying the area, we want to make sure that the revetment surrounding it is in good shape and to uh prevent any siltation to the Ton

River, we are going to have a turbidity curtain uh around the work in the revetment and it's either going to be all at once or might be in sections depending on what works best for construction.

Okay, just to outline the uh impact areas a little bit more in our yellow, we have uh the kind of transparent yellow and the darker yellow. That's going to be our land subject to coastal storm flowage. So the transparent kind of colors that's all temporary whether it be for construction access some of the landscaping um more or less that installation of erosion controls as well and then our

permanent impacts are going to be the pathways. We have our uh rocky intertidal shores that's going to be temporary impact.

And then we also have our land under ocean in this blue here. That is going to be associated with the refment where work is going to be below the mean low water in order to stabilize. We have um our riverfront area on the next page that I'll go into. And then we have our coastal bank. So we have in blue the temporary impact and then in red the permanent impact. So the permanent

impact is primarily associated or solely associated with the uh some areas of the pathway. Inevitably the pathway is going to be impacting coastal bank to some extent because of how far inland it goes and as well as some areas where the revetment uh maintenance or uh some adjustment to fully stabilize the revetment where extra work is needed. There is some uh permanent impact there as well.

And then here's our riverfront area. So there's three primary uh colors here. We have the red which is permanent. We have our green which is temporary. Again that's landscaping construction access etc. And then we're going to have our blue which is redevelopment and that is areas of the existing revment.

I have the planting plan here as well. I I won't go too much into it unless uh the commissioners have any questions at the end. But uh we have these this whole area is going to be receded along the water and then we have a number of different plantings throughout that are uh native salt tolerant you know prove habitat aesthetics etc.

And then I will go into the inwater work that we're proposing.

So there's going to be three mooring fields and now that's part of the increasing boating access and increasing tourism from the public boating uh to the waterfront into the land. So we have three mooring areas and then there is going to be a dinghyd dock proposed as well to access. So moing area one is going to be in between city pier and the cove restaurant and then that's going to

be uh 10 moorings. Uh we have mooring area two. That's going to be four moorings. That's going to be between City Pier and Northfield Point. I'll briefly just switch to the next page to show moing area three. That's a little bit further north. So this is by Centennial Park. So it's just north of that park and that's going to be six moorings there.

Go back to this page. So each of the moorings are going to be 10 square feet of land underwater impact. So they're either going to be concrete blocks or the mushroom anchors. It is uh whatever is allowable under the Fall River ordinance for the moorings.

And we are going to be accommodating up to 50ft vessels, 30 to 50t vessels.

And last but not least, we have our little dingy dock right here. So, uh this is City Pier. The uh floating dock here is one of the docks that was actually permitted back in 2022 when we came before you guys. We have a uh 10x60 dock here, little dinghy dock.

There'll be three timber piles that'll be driven uh one square foot for each pile. So 3 ft of land under ocean impact. Uh and that's going to be right at moing area too. zone between the Northfield point and city pier and we are proposing uh as far as you know mitigation we have our invasive species management planting of native species uh turbidity curtain during the revetment minute and in water work uh we have our

erosion control barriers we also heard from the division of marine fisheries and they recommended a January 15th to May 31st in water work restrictions we'll be adhering to that time of your restriction as well.

And then last but not least, uh we'll be using a soft start approach for the pile driving. So you start a little bit, let all the creatures go away, you know, start back up again. So in the interest of keeping it brief, but I'm I'm happy to, you know, expand on anything. Um I will turn it right back over to you guys.

I have one question.

Yes. Um, if you can go to Moringfield one and three.

Yeah.

Moringfield two. Not a problem. You know, I understand rights to to do that.

Yep.

Um, how does this project, how are we enabled to extend the mooring fields in that area to this piece of land? What are the rights to that?

And maybe it's just a chapter 91 licensing. I I don't know. I I don't know if it's a conservation commission jurisdiction.

No, we did go to chapter 91 uh and we did we got um minor modifications and a maintenance notification. So, we went under some existing licenses and we got approval from chapter 91 with two two minor mods and one maintenance notification. So, and we'd be more than happy to to send those along to the commission as well. Okay.

Um but we did have that approval. We are in the process of going to army corps as well and we have uh we will we did meet we got an updated secretary certificate as well.

Okay. So so get us that if you can I I just don't understand how we can put moring fields adjacent to other people's properties.

Yeah. I and one thing we will be we're going to be talking with or who we're going to be talking with as well as the harbor master. So we're working on getting working with him. I know Karen's had some talks with him in the past, so he's aware from what I know of its existence.

I know that he might be aware of it, but I I I need to understand the permitting aspect of it.

Absolutely.

Suppose a mile up river.

Yeah.

The redevelopment authority decided they wanted to put in a moing field. What what legal right do they have to installing a moing field somewhere that is not adjacent to their property or within their repairarian rights? That's that's my concern as you may be infringing upon other people's understood and their rights to the water.

Yeah, I will I can absolutely provide you the authorizations we've gone from chapter 91 from uh D and the secretary certificate etc.

Um I'd be more than happy.

Is that something that needs to be part of this notice of intent? If you've already got a chapter 91 license because you shouldn't be able to go to chapter 91 without the order of conditions.

Well, so the chapter 91 that was is modifications to existing permit. So, it wasn't a new license.

Um, with that said though, the actual like work in the water, I mean, that is subject to conservation as you know, right? But, right, but how can that be tied to this application in this project is my is my question. I don't I don't know if it belongs here under a notice of intent for this real estate.

Yeah. Okay.

In an order of conditions. That's that's my thought.

Okay. Um because you could just you can include any any piece of water anywhere. Yeah.

To this notice of intent and I don't I don't think that's appropriate.

Okay. Yeah.

I might be wrong.

Yeah. No, I've never had anybody want to put in more fuel in front of someone else's property as part of this project.

Yeah. No. Um, I I can forward the the permitting authorizations we've gotten so far and maybe provide a little bit more detail on on legally kind of how that comes across and how that the authorizations we have are allowable to do these boring field without infringing on other people's properties or water space or anything like that.

And Mr. Yeah, you're referring to the moring field again between the cove and the city pier. Yeah, the way north Yeah, that's on the other side of bsentennial park. Yeah.

Even further. So So I I don't know. The redevelopment authority doesn't own land anywhere near that.

Yep.

So I can I maybe it just needs to be a different project under a different submission, but I can't see how we we could allow that. We the conservation commission I don't think can permit that work. I don't see how unless you can provide that information.

Sure. We can definitely because I' I've never seen it. So I I don't understand the the project itself. Northfield Point makes sense is Northfield Point. Yeah.

But this the two mooring fields one and three.

Y I can't recommend that the commission approves those. I I don't know if they have the authority to approve them.

So that's all I have.

Other than that, it was um complying with the the time of year restriction that marine fisheries at Central want.

But other than that, I don't have any issues with What is that time of year again? Uh it is June 15th to May 31st. It's for the winter flounder.

January.

Sorry, January. Yeah. No, it's really it's a really long one. You know, it's for most of you. You get a couple of days.

Yeah.

Two weeks.

So, the first three months more give or take in the year.

Yeah. Yeah. It's the it's uh Yeah.

Basically, I guess a little bit more like five months or something like that.

And then since we have you here question and you heard the the previous discussion.

Yeah. What's your opinion about a seawward buffer zone? There isn't one, right? It would only be land off the top of the coastal bank, right?

Yeah. Because when when you get to, you know, below the water, then it's not water.

Well, yeah. Sorry. Sorry.

Second bank.

When you're talking seawward of it, then it's a different resource area at that point. So, the buffer zone. Yeah, it is kind of funky, but no, my understanding is there wouldn't be a buffer zone C word. So, I would agree with you on that.

So I don't Can I just ask a quick question? It looks like it I don't know if the appropriate term would be also a little dingy dock or whatever, but when you have to the right there, that's right behind that's right behind Point Gloria.

Those that little docking right there, it's a gazebo and a little dock that the the the the area of land jutting out right next to it right to the left. We have walking paths out there.

That's where they walk. Exactly. Yep.

Yep. Yeah. So there's nothing out there right now. Now, I mean, there's some, you know, people have there's no access, right?

Yeah. Correct. Yeah. We uh came with an RDA last year to put up the like a little bit more fence and a gate to move.

And I think you're saying when you move to the I guess east toward Deval, that's where we have the chain link fencing.

Correct. Before we get to the city in there.

It's right here. Correct. Yeah. So, that'll come out once you know as the project's going once it's done. Um but yeah, it's this guy right along the existing path that diagonal there. So you'll have a detour out, I don't know, peninsula, whatever you want to call it.

You'll have a detour out to that piece of land that juts out into the river on the walking paths.

Yeah. Yeah. Ultimately, that fence won't be there, but yeah, there'll be one path going this way and then one going right along.

Okay.

Yep.

Thanks.

Yeah.

Any other questions from the comments?

Anyone in the audience?

Okay. So, do you do you want to table and get the information or do you want the commission to act and not approve Moringfield one and three or do you want to try to resolve? You tell me how you want to deal with it and then you can amend the order if we do get clarification on one and three and approve too.

I'm I'm inclined to think we move forward with at least getting the Northfield point. Uh yeah, and then that mooring field that you're comfortable with and then we could come back with an amendment uh or you know some some down the road and I apologize but I mean I couldn't find it's not one of these things that you just No, it is kind of an interesting gray area in that sense of like you know I

understand who has jurisdiction as far as permitting and regulatory goes but if there's any um I my understanding is that it's because it's like it's tidelands it's the states but I don't I I don't know who should be permitting Yeah.

the other mooring fields is really my question.

Yep. No, we can clarify.

If you're building a dock or a pier Yeah. Exactly.

And the piles of land under the ocean.

Yeah.

They connect to the real estate that the applicant owns.

Yeah.

This is not the case.

Exactly.

So, you could litter the entire Yeah.

river river area with moorings.

Yeah.

But I don't know if that's legal. That's the only concern that I have.

We can definitely clarify that a bit so that the commission feels more comfortable with with uh moving forward on the other two moorings down the road.

Okay. So, may there be a motion to approve withholding moorings moing field one and three.

Yeah.

Will be excluded and the time of uh year restriction fisheries.

Other than that, plan's fine. Deliation was great.

Make that motion.

seconded.

I I I Okay, great.

Thank you.

Moving on.

Yep.

Uh, next request for determination of applicability 201 property location 77 Briarwood Lane.

Assessor's map U-005-000068 filed by Phil Cordiero of Allen and Major Associates, Inc. The applicant is proposing to install a 27 ft diameter pool with a 3x3 ft concrete pad for the pool filter as well as electrical conduit spanning from the uh meter to the pool filter location. Uh the applica applicant, excuse me, is also proposing a 6ft high privacy fence around the perimeter of the property.

Uh so last meeting we approved this. the the property owner came and presented.

Yep.

And he promised us that the legal ad was placed. Found out the day after that the legal ad wasn't placed. So, just to button things up, got eyes crossed tees.

It's back on the agenda. We have a legal ad, correct?

Do you have it?

I I do not have it with me. No, I uh my supervisor, Phil Cordiero, uh I kind of just pinched hit tonight. Okay.

So, cuz I I just got back from leave from having a a baby. So, I'm kind of Thank you.

So, I'm trying to I I'm not really sure if that had been submitted or not. I was told that the legal ad was placed.

So, I don't have anything.

All right.

To confirm.

And what do you have?

I have just the template.

The template. Okay. So, you can you have the table.

Okay. Okay.

Do we get a copy of the ad?

Not on you.

So, all right. Is there a motion from the commission?

Motion to table item 11.

Second.

I I So, have Phil or whoever placed the ad.

Okay.

Get us a copy of it before the next meeting so that this doesn't happen the third time.

Okay.

Appreciate it. Thank you.

Okay. Yeah.

Have a good night. Yep. You too.

Thank you.

And then there was one I was going to be there. I didn't think I had my legal paperwork put together.

You just didn't remember cuz it was so long ago.

Well, I was on vacation. That's what it was.

Abbreviated notice of resource area delineation and uh SE-24-854 applicant Kenneth Malcone of High Development LLC owner Potter Street Realy Inc. Project location 47 Slate Street, assess map H--17, lots 0002 and 0027 filed by uh Jeffrey Tolman of Northeast Engineers and Associates, Inc. on behalf of the applicant. The applicant is seeking to confirm the boundaries of bordering vegetative wetlands. This was

tabled from our June 2nd meeting. So just to give you an update um again wetlands delineation um I've looked at it I am in agreement with the delineation as it has been presented.

There was initially and it's in your little report there was initial comment made by D about what appeared to be a wetland change um back on the site a number of years ago. So, it appears that around between 95 and 2001, there was an addition built on the project and a driveway to the rear of the building. And what D does is off of aerial photographs, they make a rough approximation of where wetlands

lines are, were, and this was an area that they felt may have fell within their approximation of wetland area. Um, there was no filing done at the time.

There was no approval of a wetlands line. So there's no definitive line to say there was a wetlands line, it was altered. So this is just a comment that D, they want to make sure that we were aware of it. Um, so again, in my report, no permit was found, no evidence that the border vegetated was a wetland.

However, this is an activity that should have been submitted for permitting by the previous owner. So beyond that, the wetlands line that is presented to you now, um, I believe is accurate, but Mr.

Tomman would like to add anything else.

I'm not going to dispute that. Uh for for the record, Jeff Tolman from Northeast Engineering Consultants uh here for the approval of the wetland line. Uh we have 54 flags on the A series um bordering vegetated wetland uh that we're seeking to get approved. Um there is uh an intermittent stream that shows up on the USGS quad of this area.

It looks like it originates along the southern property boundary. Um that area was not flagged. um even if it was uh perennial, it would be well within the uh you know 25 ft of the uh bordering vegetated wet line that we have here.

But I don't believe it is. It does again it shows up as intermittent on the latest USGS map. Um but besides that it it's pretty straightforward. The uh eastern boundary of the wetland's pretty well defined by a steep slope that comes down from Bay Street and the uh the northern portion is defined by the uh the construction activity that was done and the the building and improvements

that were made to the site uh way back when when that building was built originally and when it was added on to and the uh uh the western portion is um uh slightly you know does go up uh from the low area in the middle of the property. it does go back up elevation wise to that area uh and it does transition into that upland. So uh the concern that D had I don't I don't think

uh uh where they might have been working in the buffer zone of a wetland when they did the work. It doesn't appear to me as though they were working in a wetland itself. So with that I'd be happy to answer any questions that the commission might have.

I have none. Anyone else does? Okay.

Uh just a motion to approve the Yep.

vegetated wetland line as delineated.

Make a motion uh to approve the bordering vegetative wetland um with the delineation delineation uh presented tonight.

Okay.

Second.

Seconded.

I I Okay, that is it.

Thank you. Thank you.

Is there a uh motion for approval of minutes from the June 2nd meeting?

Who was here for the June 2nd meeting?

You guys are all here.

I think we were all and Chris was here.

Okay. One set to go back.

Motion to approve.

Second. I I I Okay. Any uh public input?

Not seeing any. Uh motion to adjurnn.

Motion to adjurnn. Second. I All right.