5 5 25 Conservation Commission

to the Fall River Conservation Commission meeting uh being held in the uh public hearing room. It's uh Monday, May 5th, 2025 uh 5:30. We're at One Government Center in Fall River.

Um 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 medium.

Attendees are therefore advised recordings or transmissions are being made whether perceived or unpersceived by those present and deemed acknowledged and permissible. We'll start with roll call to my left. Chris Bole, Lewis Ferrer, John Brandt, Jim Cusk, Drew Car.

Okay. And we also have Patty Aguiar recording secretary, Dan Agu, our conservation agent, and we have Mike from Frv. All righty.

First is a review and discussion update of Bell Rock Road. So, I think maybe you guys saw on an email correspondence this week about a gate being left open and some pallets. I don't know if everybody was on it, but we did reach out to the um contractor that it had been working on and he said the gate should not have been left open. So, he did go and clean

it up and pull the pallets out and we're sending somebody over to pick up the pallets. I don't know if the pallets got picked up. Um but I thanked him for responding to it quickly. Um, of course, everything is growing this time of year, so we're starting to see more establishment of stuff. And once we're comfortable enough with enough vegetation established, we'll have them and direct them to go in and clean out

the silt and all of the other stuff that came down into the well. I do know at the last meeting I presented that the trustees of reservations were interested and they have since decided to pass on that property. So, they're out of the picture. Okay. All righty. Uh motion to table add to the next meeting.

So moved. Second. All in favor? I I I I.

Any oppose? Okay. Motion passes. Uh next review and discussion adopting fee structure. This is still going through the readings at the state house. So I think we should just table this to a June 2nd meeting. We can have a motion.

Second. All in favor? I I I Any oppose?

Okay.

Next, review and discussion outstanding enforcement orders. So, as we give you every month, we give you an update of where we're at. We have um received a number of filings from different enforcement actions. Two are on tonight's agenda. Actually, three are on tonight's agenda. One of them will be able to to move forward with hopefully, but waiting for some information on a couple of others. So, um, we're chipping

away, but we're I think we're almost there with getting responses from everyone and getting them in front of you. So, it's great that you guys have stayed on top of that and we're able to get some of these items resolved for people. Sounds good. Have you heard anything on Blossom Road? That one. Blossom Road. No, nothing on that, but there was there there was a filing that came through. I

don't know whether it was building permit wise, it was something. And I had told them that we weren't in my office, we weren't signing off on anything because there were still outstanding enforcement issues. So there's already a new building on the property in the back new building or reconstructed the building that was there. It looks like a new building. Is it back to the back left? I'll have to

go and take a look at Yeah, cuz there was a dwelling. There was like a chicken coop thing with a second floor on there was a structure there already, right?

I'll have to go back and see if the building department gave them. I'll swing by and take a look. That looked like a new structure. I've been out there because the se new septic system went in just down the street. That that's just a little bit further down the street, but I'll take a spin by next time I'm out there as well. Okay. Can I have a motion to table this and keep it

on the agenda for next month?

Second. All in favor? I I oppose. Okay.

Passes. Next, we have a Could have built it without the notice of intent SC-24-843. Owner applicant is Marcos Fest. Project location 565 Detroit Street. Censor map is E-27- Z0042 by Fireland Corp. On behalf of any of the applicant, the applicant is proposing to install an ingground pool with concrete pad, pa patio, and associated grading. This was table from April's meeting. So, you know, this

one's been kicking around for a while.

This is the the application that we found out that the rear yard um for this location had already altered a bunch of wetland and they were trying to put a pool in on top of that. This is a new owner of the property. Um I had not received a correspondence from the consultant until later on this morning uh where they've asked for us to table it again. He has a revised plan. He's

just going to get the owner to buy on into it before he'll submit it to us.

But with that, I would recommend that it be tabled to allow them time to address our comments.

Can I have a motion to table? Motion to table. Second. All in favor? I I post.

Next, we have a notice of intent-4-847. Applicant is John Henry, owner Harkkins Whitfield LLC. Project location 121 Whitfield Street. test is mapped to C-17 lot 0024 filed by Sean Ainsworth of Insight Engineering on behalf of the applicant.

The applicant is proposing construction of a single family dwelling. This was tabled from April 7th. So if you recall, we had a discussion at that last meeting about some test bits that we had done on the property that it was a lot of fill that had been brought into the the site that the wetland line may not have been completely accurate. So it was we had two options at that point. One was

either to deny it or allow them to table it so that they would have the opportunity to work with two other land owners um to file together in an attempt to make some type of storm water management improvements. I believe that process is still going on. Mr. Ainsworth did email me asking for it to be tabled again today. We do have the abutters here today which is one of those three

properties that if we put them all together and they submitted a comprehensive plan all all three or at least two of them would be able to build and resolve some of the drainage issues.

Um so he did tell me that he was going to come stop by the office get a few ideas and get in touch with the abutters before anything comes back. So, at this point, shy of denying it, I would recommend that the matter be tabled to give them the time to try and work something out with the opponent property. Okay. Is there anyone here that would like to talk? Um, we just had

a question. Were you able to revisit the location regarding the pipes that were there and all? We did. So, we have three sets of asbuilt plans from three different engineers. All three of them were different. One of them had both pipes heading in the the downstream grade. one plan had them one heading out, one coming towards you and then another one having them both be towards you all by

like this much by like tens, you know.

Um, so I'm hoping your engineer. So have some have one of whoever's dealing with have them contact me. I'll provide him with all of those plans and then he'll be able to update. Yeah, I've been I've been calling the office and I actually have another project in Westport that they're working on also. So Nathan is doing that one. Okay. I can't remember.

Find out who it is and I'll rather than wait for him to contact me, I'll just send him. So, it was a little bit of a push. I'll send him all the information that we have and try to Could you just state your name and address too for the records? Oh, I'm sorry. William Texera, 1019 Montgomery Street, Paul River.

Thanks. Uh, so can I have a motion? I know the the engineer Jr. Is that JR? He had he went there with me and he looked at it and he said it was it wasn't supposed to be like this. Okay. He said that's what he says. We're going to get to all that. Yep. Okay. We're going to have him collect all the facts and then we can move forward based on facts. I'll

get you his name. Also, like I said, I call the office and they're very busy.

So, I get the secretary like 99% of the time and she's like, "Oh, they'll call you back." And you know, we're backlog.

We'll see if I can get a little more attention. We'll see. All right. Thank you. Okay. June 2nd is the next June.

June 2nd. Y second. But by all but don't be afraid just to call an email because if they don't have anything in then I don't want you guys coming out until they've got something. Okay. Y but they'll be in touch with you because they can't move forward unless they involve you. Right. We haven't heard anything. So Okay. We'll see. Sounds good. Thank you. Can I have a motion to table? So move. Second. Uh all in favor?

I I I. Any opposed? Thank you for coming out. Thank you. Okay.

Thanks. Next, we have abbreviated notice of resource area affiliation. And red number is SE-24-851. Owner applicant is one Shaw Street LLC. Project location one Shaw Street's map is H20-00001. Filed by Devon How and Bills Associate. On behalf of the applicant, the applicant is seeking to confirm the boundaries of border bordering vegetated wetlands. This was tabled from April 7th's meeting. So at the April 7th

meeting, you had agreed upon a third party consultant of ecosystem solutions uh Brandon Fanov. So we had advised him that he was chosen. He was getting to work on it. I did catch up with him um last week and he explained to me that he would have his report ready for the June meeting. So with that recommend that we table the matter until next month. All right. Have a motion to table. Motion

table. Second. I sorry. Second. Second.

All in favor? Excuse me. Sorry, Patty. I oppose. Okay, motion passes.

Next, we have a notice of intent SC-24-85. Owner applicant is Weaver's Cove, uh, Industrial Park LLC. Project location, New Street, map is T-2, lot 001, filed by Chris Farley of Goodard Consulting LLC. on behalf of the applicant. The applicant is uh proposing after after the effect restoration of an area cleared by vegetation. This was tabled from March 3rd. So um again we cannot open the meeting because we don't

have a file number. This is the one that Determined that their application was deficient. Um they have resubmitted information to D. So we have we've been monitoring waiting for a file number checking online every day. I did check again after about 10 minutes ago. Still no file number. Uh so they haven't determined if what they've received if they consider it to be complete. So with

that, the hearing should not be opened and we can table it to the next. Have a motion to table. So moved. Second. Uh all in favor? I oppose. Motion passes.

Next we have a request for certificate of compliance SE-24-661 owner applicant Blunt Fines Foods project location 630 current road assessor's map is Z-3-0065 and 0066 filed on behalf of level design group on behalf of the applicant. The applicant has request a certificate of compliance.

So, you may recall through the last permitting we did in the last order of conditions that we gave, we had brought up to them, there were a number of outstanding orders and conditions that they had never closed out. Getting to the process of trying to close out some of those older permits. This one had a wetland replication component to it. So, you had reviewed it originally, had to

wait for the couple of growing seasons to go through, which it's it's taken fine. Um, it's all a wetland now. So with that said, I would recommend that we issue a certificate of compliance for SC 24661. Okay. Can I have a motion to issue a certificate in compliance? So moved. Second. Second. Okay. All in favor? I I oppose. Passes. Next request of certificate of compliance SE-24-803. Owner applicant is Blunt

Fines Foods. Project location 630 current road. This is map Z-3- 0065 and 00066 filed on behalf of level design certificate of compliance table from April's meeting. So this was the work done I believe two orders of conditions ago. This had to do with the Graham roadside where they were building that addition where the store was and then along Graham Road and then a little parking facility to the north. Um that

work has all been completed there. There are still two other projects ongoing on site but none were covered under 2483. Um site looks great. Everything is grown in. Grass is fine. So I would recommend that we issue the certificate of compliance for SE 243. Okay. Can I have a motion for a certificate of compliance? Motion seconded. All in favor? I I Any oppose? Okay. Motion passes. Next we have a notice of intent

SE-24-853. Uh owner applicant is Hype Palm. Uh project location 101 Hayfield Lane. This is map is U1 lot 39 filed by Jeffrey Tolman of Northeast Engineer Consultant. On behalf of the applicant, the applicant proposing to replicate 670 square ft of all the border bordering vegetated wetlands, restore additional 940 of disturbed bordering vegetated wetlands tabled from April's meeting. So

just let me give you a quick little history. Um this is one of the projects that are here before us uh due to enforcement actions which we we thank the property owner for coming in. I do understand that it was difficult to get a consultant and get representation and you have green cards and legal ad um so it's great that he was able to come in here in a nutshell and I'll let them

give their own presentation at the end of the day this was a lot developed by Bristol Pacific Homes Highland Farms Development um when the owner took ownership of the property had built patio area that encroached into the wetlands area. Uh Jeff has been able to put together another plan that with the combination of restoration and a little bit of replication, we'll end up with um no loss of BVW to the back of the

houses. Rather creative, fairly restrictive, but we end up with zero alteration, but we'll we'll let the we'll let the representative give them attorney Gregory B. On behalf of Mr.

Fam, I'm not going to say much more than what Mr. Aguia said because he said exactly what I was about to say other than the fact we do want to thank the board for their patience with Mr. Fam.

Um, he did erroneously put his pavers in. When he bought the house, they had cleared far beyond his house and there was some rocks in the back. He thought that was the line and inadvertently put the pavers in right outside of his deck.

Um, he did have a very very difficult time. It wasn't Thank God for Mr. Tolman who who assisted him. He he went to someone in Taton who said they were going to have it all taken care of.

Unfortunately, that particular person, we're told, had a stroke. Um, but he had no communication, so it lasted a lot longer than it should have. So, we do thank the board for their patience because we know it's been a while. Um, but we do thank you for your patience.

Um, one thing, Mr. Agot, on the plan, I and I'm not even so sure that um I just told Mr. uh toolman along the along the where the pavers are he would he be allowed to put a fence if this goes through tonight as part of this whole thing like at the end of the pavers or the end of the replication area I I don't I mean it would it would demark

he's got a very young daughter and he doesn't you know it shouldn't be an issue okay in front of the sign yeah a problem at that I will I will defer to Mr. Tomman who um obviously is the engineer who um did the plan and uh put together this um proposal. Yeah. Just to quickly go over what we're looking to do is we have a couple of different areas or three different areas. We have an

area of wetland that's been altered um which is the area under the patio, the wetland area under the patio which is six uh 670 ft. Um then on either side of that area um there was an an area that's uh has been disturbed as attorney brilliant said. um likely done during a development of the site, I would imagine. I don't believe Mr. Fam um did any of that work, but certainly as part

of this project, we're looking to restore that back to the pre-existing condition and uh turn that back into a wetland. And then um what the other area we do well we do have two replication areas that we're um because we are looking to keep that 670 square feet of the 170 square foot patio in place um which sticks into the bottom wetland line showing our high farm subdivision.

In order to compensate for that we have two replication areas one to the north and one to the south of the patio um which when you add them together total of 670 square ft. Um So, that's kind of our plan. There's not a lot else we can do. Um, the only additional work that would be required, um, there is one recharge roof recharge system to the south of the of the dwelling that would

have to be, uh, relocated. Shouldn't be a problem. Be right outside the replication area. Uh, but other than that, we can, you know, just go in and get this work done, um, and get back to where we need to be with the wetlands on the site. So, I'd be happy to answer any questions that the board might have.

Go ahead. No, I'm just asking what the replication area is going to look like.

Is typical replication? Yes. Yeah, there's plantings proposed. Uh we do have a planting wetland seed mix. Yep. I think it was a total of 22. Was it sweet pepper bush? I'm not going to open up the plan, but it was it basically instead of a straight line, it'll now be a horseshoe of wetland around this uh patio and then extending into the upland to make up that 670 square ft. Yeah. and

right up against the existing tree line.

It's it's a combination, excuse me, a high bush, blueberry, and sweet apple bush. Okay.

The plantings would that proposed fence that be along the silt barrier? The one I was mentioning. That's correct.

That's correct. What kind of fence did you want to put up? Vinyl, like six foot solid vinyl or just like a post and rail kind of a thing or I think it's going to be six foot.

Yeah. Okay. Six foot solid. I don't want you to block yourself in, but that's fine if you want to do that. But okay.

Wild animal. Okay.

There's wild animals up in the street, too.

It's okay. I understand.

I understand. No, we appreciate it. But with that, uh, commission members, I I recommend that we issue the order of conditions. And again, I'm thankful that Mr. fam was able to get some consultants in here and and resolve this matter. So, it's an example. It's an example to everyone else that how that should and we appreciate you working with us, Mr.

Thank you. So, can I have a motion to issue an order of conditions? So, moved.

Seconded. All in favor? I I thank you.

You guys have a good night. Thank you.

Thank you very much. In the in that's just going to get It's not going to get open. No. Okay. You don't you don't have to stay. Uh next request for amended order of conditions SE-24-764 owner application 221 Philstone Lane. Cessors map is U-4-000058. Filed on filed by Oxbow Associates Inc. on behalf of the applicant. The applicant is seeking an amended order of conditions.

So, um this is again in one of the response to enforcement action. This is the outdoor patio, the outdoor kitchen, the fire pit, the one of the larger ones. Um albeit I think for the most part in buffer zone except for one edge of BVW off to the northerly side. When I reviewed the plans, I I had to take note that so this is an amended order. So when you're dealing with an amended

order, you're dealing with the delineation that was approved at the time of of the permit of the original order. The submission that they gave us with was with a new wetlands line.

Didn't nowhere did they even show what the old wetlands line was. So, I did ask them to revise the plan, show the the previous um resource areas, including the riverfront area, which was on this lot, show the previously approved limit of work line, explain to us what alterations took place, um show and label all aspects of construction beyond what was previously permitted, and then

provide some additional grading. So, with that, they are going to um get us a revised plan, and we'll be able to take that up at the June meeting.

Any questions from the board? We have a motion to table. Motion to table.

Seconded. All in favor? I. Any oppose?

Motion passes. Next uh abbreviated notice of resource areas and ENRAD SE-24. Um no file number. No file number. Applicant is Kevin Keith uh Monone of Hide Park Development. Owner Porter uh Street Realy Inc. Project location 47 Slate Street. Assessor's map is H-17, lots 0002 and 0027 by by Jeffrey Tolman, a Northeast Engineer on behalf of the applicant. The applicant is seeking to confirm uh

bordering vegetated wetlands. So the hearing can't be open because we don't have a file number. And the reasoning behind that from DP's comment was that on their GIS database there was a hatched out area to the rear of this building that they classify as a wetland change. I did some investigation into it between 95 and 2001. There was an addition built to the building and a rear driveway u loading dock kind of an

area and with their mapping which it's it's not it's mapping done off of approximations with aerial photographs.

It's not by vegetation or or real delineations. Um they did have a hatched out area of maybe a thousand square feet that they've called a wetland change.

Problem being that they just gave these comments. Um so I did alert Mr. Tolman to that fact. He has to now go work with them to resolve. I don't think it's an issue. Should they have filed for that addition uh and that constructed driveway back between 95 and 01? 100% they should have. Um, but we can't we can't say what what the commission should have done at that time. What we

what will be on my time at least. Um, so we'll let Mr. Tolman deal with D. Um, if I need to correspond. It's basically alerting us to the fact that there's a change. I I wouldn't have thought that it would have precluded them from giving us a file number because in their comment, it just says they were alerting us to the fact that there may have been a change and we need to look into it.

But without having a file number, we can't even open the hearing. That's where we're at with this one. So hopefully we can get that matter resolved. U with those outstanding items. Um I would recommend that the matter be tabled. All right. Got a motion. Hold on one second. Are you here for Which petition were you here for? We we happen to be next door to that project to Slate Street. This is Um

right. Yes. 47 Slate. Okay. All right.

Slate Street. Okay. And and George Mados couldn't be here tonight. He told me to come. Okay. We're we're in the next door. All right. We just purchased it.

All right. So come back at the next meeting. We don't want to have a discussion because we technically couldn't open the hearing. Yes, sir. But come back and we'll should have these items resolved before the next meeting.

Okay. Good. Thank you. So, can I have a motion to table second?

Second. All in favor?

I passes.

Next, we have uh Massachusetts Coastal Railroad uh 2025 yearly operational plan.

I have a motion to file that.

Yeah. Motion to file the u the plan.

Second. All in favor? I I oppose. Motion passes. Uh can I have a motion for approval of minutes from April 7th? Moved. Second. All in favor?

I post. Motion passes. No citizen input.

Can I have a motion to adjurnn? So move second. Uh so move second. Sorry.

Excellent. Patty does have some stuff for you guys to sign.