Conservation Commission 10.3.22

welcome to the Fall River Conservation Commission meeting being held at a public hearing room Monday October 3rd 2022 at 5 30 first floor hearing room one government center Fall River Mass consider the following petitions listed in this notice uh pursuant to the open meeting law any person would make an audio or video recording of this public meeting I may transmit the meeting through any medium

attendants are therefore advised as such recordings of Transmissions are being made whether perceived or unperceived by those present or deemed acknowledged and permissible we'll start with roll call this boil here James Hornsby John Brandt Jim Cusick Apollo jamro and we also have Dan aguiar from planning department and Patty aguiar from planning department and Gary Litt from FRG TV um first is uh old business

request for certificate certificate of compliance sc-24-768 owner applicants Highland Farms development to LLC project locations 48 Brookfield Terrace assessors map is u-04-0062 filed by Highland Farms development to LLC applicant requesting a certificate of compliance at the time of inspection all work regulated by the order conditions have been satisfactory completed this was continued from our

hearing from September 12th does board have any questions this site has a signage up but uh the site has not stabilized the grass growth so the board recommends uh the battery to be tabled can I have a motionless table roll call hi hi hi no passes uh next one is a requested certificate of compliance se-24-769 owner applicant is Highland Farms development 2 LLC project locations 30 Brookfield Terrace census map is

u-04-0063 filed by Highland Farms development 2 LLC applicant request for certificate of compliance at the time of inspection will work regulated by the order of conditions have been satisfactory completed this will continue from hearing from September 12th any questions from the board on this the site constructed is uh substantial compliance with approval plan and Order Wetland signage and Loom seed in place

can I have a recommendation for certificate of compliance which one are you reading now item number two an old business oh my God this one here oh okay got two different things here I understand okay signage has been placed site is not stable the grass growth recommended this matter be tabled and other go out alerting the owner that the constructed pool has not been permitted and require

an applicant or request of an amended order can I have a motion to send out amended order and table motions remain second inside okay hi hi yes okay before you guys move on to the next one just so you can understand ask me this question and we I had started answering but the meeting started so in this subdivision bill before he left part of their site plan review approvals prior to the issuance of an occupancy permit

he put a condition in that they file for a certificate of compliance did not say that one needed to be issued so them submitting this in an attempt to get an occupancy permit is only being triggered by the condition Bill put in so they have to submit something for a certificate of compliance it may not be ready for a certificate of compliance and that's why these some of these are

being carried over because they haven't finished the work 100 so we have two competing permits one that the filing is triggered by the other where normally a certificate of compliance theoretically could take three years to be completed because that's the time period so that's so we're we're kind of playing catch-up when having to carry this over because they were triggered for an occupancy

permit that's why we're we're now getting all of these and finding out that some of them aren't 100 complete but in any event they're before you and we can act on them appropriately okay already moving on to a new business request for determination with sensibility RDA 180 applicant is the USS Massachusetts Memorial Community Committee owners Department of Conservation Recreation project locations five

Waterway systems map is n-13-0021 filed by applicant requesting to erect at an above ground metal frame vinyl covered 70 by 40 by 25 feet enclosure to protect two Vietnam area air helicopters um the existing is on its asphalt surface no concerns does the board have any questions yeah I mean the applicant you want to give a presentation question no it's fairly simple yeah well you're here

you might as well okay no come on up yeah come on up just introduce yourself and yeah I would appreciate that and give the battleship a little publicity there you go thank you um so we have oh we had they're being out uh refurbished right now we have two Vietnam era helicopters a cobra and a uh in a Huey as a commonly known they've been sitting outside for years at least 20 years each

um and uh it was conceived that we should do something to protect them because we keep making repairs and it goes to waste because the corrosion from the salt coming from the bridge and all the other weather and the environments just not conducive to uh protecting them properly so you know you'll see there's a there's a presentation here that's four about four years old now when the

um project was really to conceived to create a acquire a tent to put up between our gift shop and our PT boat building to put the helicopters in making an interpretive exhibit for replicating a Vietnam era uh base where those helicopters were maintained and so it's going to include you know again interpretive signage inside um the actual enclosure for the helicopters of course and an exit in an entrance

on the end on the end panels if you will it's about as simple as that as going directly on top of the asphalt apron that we already have there um the idea is to provide it with um electric heat we have overhead power already there it's supplying the gift shop to begin with and um and some lights as well that's that's pretty much the extent of it would have any questions yeah that's

good well I have an acquaint ahead an acquaintance who died in Vietnam and his name is on the is on the on the wall um some the wall itself expresses the sentiment of the tremendous cost that the war took on this country as well as I think the countries of Southeast Asia with whom I have had a lot of experience including welcoming Veterans of the war there Fall River I hope that this new Vietnam

era helicopter I think I have it right that night they're Vietnam War helicopters that I am correct yes that's not explicitly the name of the of the exhibit but but they I mean these were helicopters who were used in Vietnam they're both served in combat yes yeah um I hope it would Express the the that they knew tense and the exhibits would Express the cost to the country and the Hope For Peace

in future Wars and I know that the battleship committee years ago would Express the total real desire that it'd be a memory of war and a hopeful peace I hope you would continue on in that vein well I destroyed the Joseph P Kennedy Junior does is the is the economowoc official Vietnam era or Vietnam War Memorial there is a memorial in the inside on the main deck of the Kennedy interior of

course with all the names of the killed in action from Massachusetts and um we regularly on an annual basis uh recognize that in that in that space with a ceremony or a service rather and then the interpretive part of this exhibit on the inside will include oral histories signage um you know anything that represents what you just discussed and of course the technological side as well so we try

to I mean we do things like this we try to we are you know the reason because conceived because we are Memorial first and foremost so yes all those considerations are always okay oh he's there I hope you would do this if you want to invite somebody from the community that was opposed to the war um please contact me I'm sorry if you want to invite people who who deeply regret this war as a concert made

to the country and obviously to soldiers and others who were killed would you contact me and I'd be happy to represent find someone or represent it myself thank you okay all righty and if we can't just for the record if you want to just let them know your name so they have it for the minutes it's Christopher Nardi that's and they spelled my name on the DCR document you have there that's the name

spelled incorrectly but it's n-a-r-d-i how could they spell that wrong

all right thank you very much thank you so can I have a motion for a negative determination with standard uh conditions so move second hi hi hi yes thank you can I just ask um so this was all triggered by our our our attended our tendency on DCR property so what triggered this was a PNR uh project notification request I think it's called how do I demonstrate to them that this

clear tomorrow you can come and get so you you had you filed what's called a request for determination you can pick up tomorrow the determination okay so it'll actually be paper that it was approved in this manner and that you're not subject to the wetlands protection act and you can move forward all right thank you very much very good thank you foreign next is a request for certificate of compliance

se-24-739 owner applicant is cml2 LLC project locations 507 Alden Street census map is uh day-21-001 and 005 applicant requesting a certificate of client statement all work regulated by order conditions have been satisfactory completed support have any questions well I just I just want to say that I um I've been to the location I looked at the so-called rain garden and as Dan has

mentioned previously it looked like it was mowed over there was a bunch of trash in there they did have um on on the uh bvws it did have some of the flags there um but I mean I don't know what's going on there I'm assuming there should be some kind of growth there already is that correct well so rain Gardens I and I looked at the approved plan so whatever what consists

the most important part of the rain Garden is the soil strata that you put in this hole on the ground and there were different layers and different composition of soil that get the water to be filtered and and down into the groundwater there's not supposed to be well on this plan it had no specific plantings to take place other okay which I was surprised because most do but there were there was no planting

schedule on the detail of the sheet itself of what plants should have been in the ground so it's kind of hard to hold someone to a standard that is not on their plan normally it would have had some specific plantings of what you know what was what what was required to be planted it could just be grass but this was constructed a while ago and apparently had received no maintenance over a certain period of

time and I'm guessing when they were planning on filing this they went out and mowed everything so even when they did the As built plan maybe it wasn't mowed because on the as built plant it didn't show the crushed stone filter strip that was supposed to be there first and it didn't provide the appropriate elevations to show what was actually constructed that was my guess was that it wasn't mold when they went

out to do the asphalt so the applicants aware that they need to do need to do some work also on the uh as built I noticed that you mentioned that there should have been three landscaped Islands there that's not there at all no no so there were two landscaped islands in the rear and then one up in the front that that were part of the project so right now um

I mean my recommendation is not to issue it and let them respond I I did let them know I let everybody know what what my comments are so one I don't want them wasting their time coming so we I did get a response from them that they're going to work on the outstanding items and they'll they'll reach back out to us again thank you I'll I'll make a motion at the table this matter second okay

vote aye I I yes I thank you both so we already sent them a letter uh asking for I sent him an email today with these comments you know basically letting them know that they didn't have to come tonight because it would most likely wouldn't be issued okay everyone pretty much understands that if I give a recommendation that's probably probably going to be following maybe okay alrighty uh next is a quest for

certificate of compliance

uh request specific and compliance se-24-763 owner applicant Highland Farms 2 LLC uh project location is 197 Fieldstone Lane cessna's map is u-04-0057 applicants requested with certificate compliance statement all work is regulated by order conditions it's been satisfactory completed uh does the board have any questions

it's like a site that is approved and plan of orders uh Wetland signs up and boom can I have a recommendation for a certificate of compliance make the motion second hi hi hi yes okay next is a request for certificate of compliance se-24-764 owner applicant Highland Farms development 2 LLC project location 221 Fieldstone Lane assistance map is u-04-0058 applicant with questions certificate of compliance stating that

all work regulated by the order condition has been satisfactory completed our different pieces of paper um upon looking we uh site work not completed final grading and Loom seeding does the board have any questions can I have a motion to table this uh to the November 7th meeting motion of the table this one also had a uh a recommendation of notifying the owner about the constructed improvements that

that weren't permitted and they also have a wetland violation in the location of flag C8 okay so in that letter we can alert them to that fact as well that would what they submit uh permit the new improvements that they should include the uh they're replicated well in their area there's a little triangle off to the left-hand side of the house and they actually if you go out there you'll see two sets of Soul

fence one that now encompasses where the Wetland was so in between the two sill fences is just bad to it so they should come up with some type of restoration plan for the for the little triangle and they need it they need to deal with everything that was constructed in the backyard and that can be under a new filing or they could they could file an amended order they

did not go beyond the limit of work in the backyard but what was supposed to be grass is now all pavers outdoor fireplace it looked beautiful but it should have gotten a permit yeah nice work yeah so should we make a motion for amended order no all you're doing is making a motion that we send them a letter okay telling them that they need to deal with it all right and that could

be one way of them dealing with it so you're not issuing an amended order you're just telling them they need one yeah okay already should we advise our motion to table it in send a letter so let's make a second all right aye aye yes okay alrighty um

alrighty next is uh question two different compliance se-24 764 owner applicant LL hello development 2 LLC project locations 221 Fieldstone we just did that too many uh Highland Farms yeah okay uh next was a question certificate on compliance se-24-765 owner applicant is Highland Farms development 2 LLC project location is 245 fillstone Lane assistance map is u-04-0059 applicant requesting a

certificate of compliance seeing our work has been regulated orders and conditions of satisfactory been completed um I'll say visit a final grading and Loom hasn't been done um chamber uh creation Chambers is missing nope previous one fine fine I'm about five of the address yeah so go buy two four we're on 245 Fields yeah they changed the numbers I can just give you a report so the site work site work hasn't been

completed final grading and loaming and seating has not taken place recommend that the matter be table second second uh broken vote aye aye aye yes all righty that's why I've been messing up okay okay next request a certificate of compliance SE Dash 24-772 Highland Farms development 2 LLC project location 35 Brookfield Terrace census map is u-040066 applicant compliance uh stating all work then regulated

if I can again the site works not completed final grading and loaming and seating has not been completed and it appears as though a set of the required infiltration Chambers for the roof run office missing Wetland signage needs to be moved forward to the limit of work the house was built approximately five feet lower than designed so I recommend that the matter be tabled until all the

work is completed motion table can I have a motion to table this till November 7th motion table second hi I I yes okay next is a request for certificate on compliance se-24-771 owner applicant Highland Farms development 2 LLC uh project location 11 Brookfield Terrace Justice map is u-04-0065 applicant requesting a certificate compliance stating that all work regulated work conditions has been satisfactory completed

so again the site worked not completed final grading enrollment seating still needs to be completed the constructed house seems to be larger than what was permitted Wetland signage needs to be moved forward to the limit of work recommended the matter be table so these two items actually fall along where steep Brook was coming through and the limit of wart is fine and if you look at the as built you'll see the

limit of work line and then you'll see that they installed the fence the signage about five feet into the wooded area so they those signs should be at the limit of work area telling people not to go any further from there not five feet behind that area so that that was those two items okay so can I have a motion on the table list till uh November 7th okay finally make a motion to take a look

hi hi uh yes okay uh we're gonna have uh multiple approval minutes from September 12 2022. motion to prove minutes second oh there's two so um September 12 2022 we had a first and the second roll call vote hi uh yes 12 abstain 22 26. all right yes well I've staying 26 as well okay that was for Monday uh motion to approve the September 26th hi hi yes uh no citizen input

Patty can you approve those minutes without Lewis here with only having three members approving for 26 minutes so as long as if there was four people there three are here to approve them so I believe you again okay we're going to put it on the next agenda if we need to yeah we don't want to get an open meeting while complaint so yeah let's carry that one over you want to carry that one sure yeah

you need another motion so can I have a motion to table the uh approval amounts from September 26th October 22nd okay you can't I can't either yeah oh I make the motion I'll second okay um roll call Vote Yes Yes okay I and I I think anybody could can deal with the tabling of it okay because it's a it's an action of the current meeting you are correct sir no

thank you I must that's the first time I've been told that for a while you should talk to my daughters already gonna have a motion to adjourn motions adjourned yeah second thank you all right all right yes