all righty welcome to the conservation meeting being held at one government center in the hearing room it's Monday May 6th 5:30 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 attendees are therefore advised that such recording or Transmissions are being made whether perceived or unperceived by those present and deemed acknowledged and permissible we'll start with roll call to my left here Lis F John brand Jim kusich Paul Amal Nikki we have paty agar recording secretary and Dan agar conservation agent and Craig Salvador from for TV is it VI or Valencia it's technically Valencia but my sign is mix signal I know I'm just a blind sign I think thought you just stay with all righty uh first on the agenda is notice of intent sc-24 d831 owner applicant Jeff Sylvia project location 2450 Indiantown Road cessor map is w- 34-12 filed by ecosystem solution Inc on behalf of applicant the applicant is proposing a restoration plan to remove the unauthorized cart path created in or around 2017 from the order of conditions from 1997 DP file number SC -4- 289 this was tabled from uh April 1st 2024 meeting U Mr chairman and commission members I spoke with Michael aier last week and as well as this morning the applicant their engineer their W consultant is still working on providing us the information that we have requested back when this initia got placed on the agenda he has asked okay can I have a motion to table so second roll call I I I I yes I okay uh next is a review and discussion and update of Bell Rock Road table from uh April 1st 2024 meeting so I did get out there and they have made some improvements with the installation of some new erosion control some sediment Bays with rip wrap around with a c Crossing through the driveway is I did ask them for an update with regards to a construction schedule I got something back maybe 20 minutes ago that they're going to begin um moving Phill around the site in anticipation of lman seating towards the end of the summer and then plant conservation mix uh the next growing season which would be August September October okay so have a motion to table till next month second roll call I hi I I yes I all righty next review and discussion of adopting fee structure uh I noticed from ma that they're still doing a final reading so I just ask for a motion to table motion to table second roll call I I I I yes I uh review and discussion of 1262 Brighton a table from April 1st so um again as I stated in the past we keep an eye on that and give you guys updates every every meeting uh no additional site work has taken place since since the last time when they had started doing some of the preliminary storm water work um it does seem like starting to creep a little bit with storing some equipment outside of the area that I'll go and address at the beginning of the week I did speak to the Consulting engineer they are working with uh Paul furland in the Water and Sewer Department with regards to his requirements for running water and sewer all the way up Bron Avenue to Father Dev Val's Boulevard so they're in the process of finishing up those site plan approval uh conditions that they had with regards to that so nothing new to add um so I did receive a complaint from the citizen um about the insulation of a gate um on the city easement specifically um I followed up with John and EV so there has been some activity there was some damage to the city fence but evidently they have a letter from cor City Corporate counsil allowing G yeah so I mean if one if you get a complaint like that give me a call okay and I could have advised you that they do have an easement and agreement with the city perect to remove the old fence that was there and install a new gate okay so everything's on the up and up there and that's in an area that was outside of our jurisdiction okay so I did go by and I met with him and he said no have a letter and I said as long as you have a letter that's fine I just wanted to all right uh can I have a motion to table motion to table second roll call I I I I yes I okay next is the requested certificate of compliance se- 24757 owner applicant is forward Department of Community utilities project location 700 Wilson Street Assessor's map is z- 04- 001 filed by Wright Pierce engineering a better environment on behalf of the applicant the applicant is requesting a certificate of compliance the F road construction has been completed substantial compliance with the plans deviation from the plans did occur near sm-5 where originally the plans call for planning a stone channel was implemented instead of to help the drainage and erosion control the channel and Banks were restored and stabilized this was tabled from April 1st meeting so as you know we had um discussed this with the applicant when they came in the first time looking for their certificate of compliance um we did have a number of comments regarding their asilt and some of the existing or actual clearing work that had taken place I did receive a revised asilt late this afternoon which I explained to them that we would review and put on the next agenda for a potential vote um it does appear that they provided the information I just haven't looked at it and analyzed it to all right recomend table okay motion to table move second roll call I I I I yes I okay next request of determination of accessibility d186 owner applicant Paul furland property location 10 fairy Street assessor map is n-14 00-02 followed by right Pierce engineering a better environment on behalf of the applicant the applicant is proposing sewer pump station mechanical and electrical equipment replacement the replacement and deteriorated generator House of flood Harden house anchored a to a pile Foundation installation of a bypass sewer connection to enable a work to take place outside for River's 25 ft Riverfront area erosion control protection will be installed to prevent sediment from escaping the work site this was tabled from April 1 so again nothing new to add on this they're still working with the um abing land owner with regards to getting these plans Revis updated and the appropriate um ownership listed on the plans and applications so nothing new to table okay motion to table second roll call I I I I yes I now on the new business request a determination accessibility of- 187 applicant Joseph Caro uh owner of Mount Hope Condominium Association property location 919 base Street assessors map is h-1 18- 014 filed by applicant Joseph cavaro the applicant is requesting to apply nx- MX treatment to the wetlands have a SE so if I can just give you an update this is a condominium project off of Bay Street that has a large Wetland that is also utilized as a stor Water Management um area behind some of the units over time the area has kind of been built up with some vegetation so the applicants are proposing to um apply this product in TMax so that some of the bacteria and different organisms and some of the smell gets cleaned up in this resource area that that's around their their buildings I did look into the product itself plus everything they can read about it says it's fantastic it's healthy it's good for the animals all the kind of things that you would be concerned with um so I would recommend the issuance of a negative deter mination box to which means that they are able to apply it what I would however um request is that we only allow it for a singular application or at least through this one season just to see what happens um and that the applicant should understand that this does not provide the ability to remove fill remove trees shrubs anything this is put in the application and let's see what that does let's see if that helps with with with some of the the smell and some of the the buildup of algae over time so you're introducing bacteria enzymes yeah exactly that's what it is it's the bacteria let me ask your a question is there a reason why this is being done now like with the algae growth that's there is that something that was there before or is it because of the new Condominiums and fertilizer or or whatever it may be or was this always a problem no I think for the last 10 years it's always been the same problem because there there are no new condominiums that were fully built so there's no land left to build any more Condominiums so the oldest condominium was built right next to Bay Street and I believe that's four years ago that's the last two so there's no new runoff that would be going in no nothing has changed no nothing has changed I think it probably actually doesn't get enough runoff so so that there's not enough clear standing water so water just sits becomes stagnant and as things dry out exactly it gets worse so during the wet season when we've got a lot of water in the area probably not as bad but when that begins to dry out I mean I live 2,000 ft into the woods and I've got a long driveway in Wetland Crossing and yeah as the season dries up it's dramatically different than when you see pretty ponded areas during the winter and the fall so it does have an over to it and yeah certain condos there's like four six condos that might get that smell sometimes and that's what it is to mitigate that smell more right right and get rid of some of the sludge that it ACC calling like you said you read this and the product seems excellent to put in there so and that's to look at it after the growing season when it's done and then you know maybe next spring we take another look at it and want to apply it again if it hasn't done enough or we' got some improvement so that's going to be my next question if this does work do they have to come to us every time they apply this product well I don't want I don't want to just give cart blanch now and then find out it's a problem and then they have't permit to do it forever okay so let's see steps let's see it might be a problem I I don't have a problem coming back you don't advising you how how it works this year yeah but like Dan saying let's be cautious about it and then we'll take a from and if it works great I would love come back next year if you you know if you CU I mean if it's something that's working and it's improving they just trying to the process really mimics nature us it naturally Curr bacteria so it just it mimics what yeah like Dan I read the product too and it says it's all natural but like you're saying know we'll figure it out right we researched and we thought this was the best product we could find and hopefully that's why we're here asking we could get your short answer is it doesn't seem like it can hurt right yeah but let's let's see what happens I have a question is this the first time you're treating the retention area yes we never done that before right so it's not just a retention area it's a weapon yeah but it it serves the purpose of storm water storage as well as the same time thank you yeah okay just trying to make it look more beautiful for the community also absolutely yeah yeah yeah okay any other questions I don't know what could be killing it already so we'll move have can I have a motion for a negative determination box two for One Singular application of NX Max product in accordance with the manufacturer specifications uh this determination does not provide removal fill dredge or alteration of any areas within the wetlands Pond area or Associated buffer zones motion second roll call I I I I yes I okay thank you thank you very much I appreciate your I really do thank you thanks no I thanks okay next is a request for termination accessibility -18 owner applicant is New England power company NEP property location 0 North Main Street assessors map t-1 15- 00002 filed by applicant New England power company NEP the applicant is requesting this RDA to support the chapter 91 water way license application being filed with mass D for the n12 dm13 double circuit Tower separation project this is a limited to small proportion of the project as completed to 91 jurisdiction and a separate noi will be filed for the remainder of the work anybody have that copy of the illegal I believe so I just printed it before I came in it was me I would have left it on walk out your office I I don't seem to have it I have the ask this place in the newspaper that send you yeah I know Common dcy who works with I'm Jamie Durant by the way with power engineers we're representing National GD um I can get by tomor morning we can't open hear without you see she can send you a copy of it or you have email noril we can move on to the next one she to call right now I apologize was get all right move on to the next one is an enforcement order sc-24 d682 owner Weaver's Cove Industrial Park LLC property location Zer North Main Street s's map is t-02 00001 filed by the city of Fall River various violations there anybody here for that no I'm here on behalf of national GD all right well so um you'll see in your packages some fairly extensive correspondence with regards to a cover letter and the enforcement order that was sent to the land owner I have been in contact with the land owner the wellness consultant um they were very well aware of meeting this evening um to come in and have this discussion in short I think you're all somewhat familiar with what's occurred down here so this has to do with what you all would know is the Shell Oil site um and there was an existing order of conditions for some work to be done with regards to remediation for some environmental purposes uh the applicant has gone well beyond what was permited and basically the Northerly end of the site which had never been cleared which is north of one of the industrial buildings that's left on the property has been clearcut down down to the the River from the best that I can see from from the land and how we can access it so um having been involved with the d Sean Walsh legal counsel to DP the the the program director um they have everybody's on board with what's happened out here and what needs to be done um so apparently the applicant is land owner is not here this evening which I'm fairly discouraged by part of what's happened has actually continued on over to National Bridge property to the north where you see that their their trust tower now that that comes over and and that's been cleared you know as well so I guess we can all we can really do at this point I mean we've done all we can as far as violation goes for the time being um I'll reach out to them again and let them understand that ourc with them not being here this evening um I know I so I did get correspondents from guarded Consulting who was there who was their Wetland uh scientist that was going to be working on this and they were well aware of what the issues were and apparently they've just chosen not to show up so I will alert DP to this because they are on top of this more so than I've ever seen them on top of any other violation if we wanted to get involved with something they would give us this much attention so somehow they've gored the attention of of D to the degree that it's nice to see that we have Partners at the state that we can rely on when it comes to something like this so yeah um all I would do is recommend that that we table the matter till next month's meeting and I can follow up with uh all of the parties including DP and come back with some additional information Dan has it been any communication from uh Mr TBO Mr TBO um from him directly I think I think they may have responded in some email form or fashion um but it's been mostly with guarded Consulting that that was working on their behalf okay but he he was aware because I I sent certified violation to one address I could find for him sent regular mail to his PO box and then also sent the entire package via email um which they did respond forwarded to their attorneys and so there's everybody's attorneys are involved everybody Consultants are involved so and just so I I understand it they were aware what they were doing was I don't know how they couldn't okay yeah yeah this is not this is not um I don't believe this is a situation of uh ignorance yeah I have a quick question different kind of ignorance but not yeah since the enforcement order right um has there been has there been any observance of any other violations or I haven't seen anything additional but again you can't physically get to the site very easily it's a long walk yeah um and you've got to cross other properties to get there necessarily you can't cross where the new Street bridge that used to provide access to the site you can no longer drive onto the site because the bridge is closed um because it's not structurally stable so you could walk from there but if you stand at New Street bridge and just look North you don't see a tree anymore all the way to the the national g Towers in fact all the butt logs from the trees the crowns are to and they're all stacked up on the opposite side of that yeah yeah there's nothing there now it's but I am assuming only because I know what resource areas were on the property um I had actually done some work many years ago for one of the previous land owners so I actually had documents of existing resource areas that had been approved and existing orders of conditions that was intense um so there's salt marsh there's land subject to flooding there's everything um I have not I was actually contemplating you know getting in a boat to go see if the H Master could bring us up to look at it from the water side you can you can look a little bit from Somerset looking over um but there my guess is is that it's all gone do we know how long this has been like this has this been it brought to our attention by National Grid actually probably a month and a half to two months ago and that's where we started the process of trying to figure out so these violations are recent activity then it's not it it appears to be somewhat recent um recent is that they did they start 6 months ago the reason I asked is I don't know if there's a way to look back at like some GIS mapping to see all of the aerial photographs that we have yes it's it's within the last 6 months from from what I can tell from aerial photos that that we get two photos a year um so in a very short period of time it was completely vegetated you know I I would say definitely a year ago it was completely vegetated from those buildings nor way but and and then we're only looking at that section of where the major clearing took place I don't know if there are existing permits in place that allowed even for the remainder of the site there there are no storm water controls it's just bare dirt everywhere so and it looks like it goes right down to the river right down to well there so it's bulkhead for a good portion of the site and then as we get North just about I think around projection of that building that's when we get Shoreline that that's beyond the Northerly end of the bulkhead um so what what I would have asked is that they submit an existing conditions plan with historic um Wetland delineations so that we can get an understanding of I mean if if stuff is gone the only record we have is what what's on file but what we have on file is substantial so at that point we can determine what violations have actually taken place and then require a restoration plan um I don't think they're in the process of Permitting anything so would would the clearing be uh permitted itable under a certain type of activity yes but then there are stor water guidelines and everything else that they would need to provide I mean clearly not the salt MH and some of that stuff but um they've got their work cut out for them and the owna has not reached to you personally no I've not had a conversation with him and I've reached out to other parties that I know are involved in and know him well but it's sometimes in situations like this it is better just to keep a paper trail and keeping all the attorneys and d and everybody else involved so I was just trying to judge uh get a perspective of how important this might be to the owner you know it's clearly um and I know sometimes you got to go to the channel of using the lawyer and whatnot but I I'll Reserve I'll Reserve comment you know you you see when we have applicants I mean this is beyond any what violation you guys have ever deal with um you see in the past even the difficult land owners are somewhat responsive they at least show up right okay um they don't necessarily hide behind attorneys or or do only their work through attorneys and it appears as though that's the situation we're in now so just apparently he knew what he was doing that's why he's not answering you is he knew he was wrong what he was doing yeah and he's going to go through the my guess but again without him here to to represent himself I I would hold you know any opinion with regards to that he came in and actually said something so but I am very disappointed that no one came on on their behalf yeah but we do have some people in the audience I think that you can give them chance to speak if they would like to okay so we going to have a motion to table this hold on anybody in the audience wants to speak no um no I'll just say hi I'm Olympia balker I'm here on behalf of national gr and uh we have agreed um or other attorneys that at our office have agreed um with the owner that we will review uh any restoration plan on National Grid property prior to sub but that's all we know in when when first comes to a violation and this is something we actually should speak of we understand who did the work but it's on someone else's property as well so we we have although National Grid is involved because they did ask they did file the initial complaint and they've been cced and their attorneys have been cced on all the documents that have been submitted the question arises are we required to send them violation notice as well taking our of it who we think we know did the work because they are still land owners that have a violation on it so don't have to do it right this second but it's something that that that I thought of that you know right now we don't know who did the work we just know we have two properties both with violations we're treating one very severely was cold piece but we've sent no formal documentation to national grid for their their violation not even looking at who did it what it is or anything else but they are a party to it but a certain point we might cross that bridge if there's restoration involved correct well they would have to be included in any notice of intent so this landowner will have to file a notice of intent for restoration if they're doing restoration work on an abundant property then yes that land owner needs to be a party of the application right but just looking at violations okay we have we have two homeowners that both fill well they put swimming pools in and they and they fill wetlands and we're told that one of the land owners did all of the work but half of the work falls on the neighbor's property it's really not for us to govern or determine who's responsible we just have two properties both with violations so we may need to send formal enforcement letter or a violation letter to both Property Owners CU what because what may happen is this landowner may say I'm not restoring National Grids property that's for National Grid and that landowner to argue about in court right that doesn't mean that your responsibility of making someone comply with restoration is is Forgiven so over the next month we'll see what kind of a response we get but it may get to a point where we need to actually stop the violation and enforcement order proceedings with National Grid as well yeah um we see which we with okay now you can make a motion to the table motion to the table second roll call I I I I yes I so did you make a motion back to number two two motion made second so motion common dcy who I work with just emailed you a copy of the uh the um public notice and that's the public notice so so you place the ad that's the the print that we rece no I I understand so it says up here this is not an invoice and this says add preview but we'll let it go normally we'll get the receipt but they've at least placed the ad whether it was submitted in time to get for this meeting I give it a shot but any I would say any any approval should be conditional Upon Us receiving the receipt okay okay good evening my name is Jamie Durant we read yeah we yeah no problem Jamie Durant with power engineers we're representing National Grid I'm with eron wski National Grid and Olympia Baker from creger the reason we're here in front of you today is uh National Grid new Eng power has a project it's the n12 M13 uh double circuit separation project and those are the lines that cross over the Clon River we up to two large um red and white reut towers one's over near the mon old Monta power plant and one is over just north of weav Co our intent is to uh rebuild those lines about 1.85 miles from the new Somerset um subb station that's in Somerset over the river into Fall River and up to the Sykes Road uh substation in Fall River uh the reason we're in front of you today is uh we'll be installing new lines uh over the Toton River and that's about 2200 2200 linear feet give or take and that requires a chapter 91 application with the mass D because we're going over uh navigable Waters and also a TI lands uh jurisdiction so as part of our submitting a TI lands application to the mass d uh we need to demonstrate that we are coordinating with the Conservation Commission so the process we're looking to follow is to submit this request for determination of applicability just for the overhead lines so what it is is just your determination that the overhead lines themselves are not impacting you know Coastal or freshwater uh Wetlands um and so we're looking for a negative determination as regards to the larger project when we go to build rebuild the structures complete the existing structures down build access roads work pads we have notices of intent uh that will be filing with the commission appear and Fall River U notice in intent the Commission in Somerset will'll be filing a 401 Water Quality s 404 section 10 permit with the core and again the chapter 91 application so we're not asking you to take no jurisdiction over the project it's just determine the the area lines so that we can move forward with our chapter 91 application again subsequently we follow a full notice of intent for the larger larger project that will have some impacts to Wetlands any questions no question okay so my report um I recommend the issuance of a negative determination box two for chapter 91 permitting purposes only the installation of of these lines construction of tow Associated site workor C is not authorized under this determination requires the fing okay all right so can I have a motion for a negative determination box two for chapter 91 pering purpose only uh upon the receipt of advertising second call so moved for the full motion second second I I I I yes I okay thank you looking for receip pay yeah um get tou you give you a copy of what only say local I whatever track that down get prior to the meeting blah blah blah okay all right very good thank you thank you you okay uh next request for certificate of compliance se- 24774 owner applicant Highland Farms development 2 LLC project location 200 fil stone lane assess map is -4- 0 68 5 by ctec uh Inc on behalf of the applicant the applicant is requesting a compliance all work has been completed in substantial compliance with the order of conditions so you may recall a couple of months ago the applicant had filed for a certificate of compliance and we had determined that they had moved um the fence and some of the signs closer into the Wetland area um so I after that meeting contacted the land owner explained to them what the scenario was went up to the site uh and they had moved all the fencing all the signage of where it should have been um he was again you never know but his consultant had told him that it was okay to move fence so I made sure I now understood that that was not the case so it has been moved back it's fairly obvious every time I drive through I look at it we'll keep an eye on it but all the work has been done in compliance with the original okay defense and all ass sign back any questions the issuance of a certificate of compliance all right can I have a motion for a certificate of compliance so move second roll call I I I I yes I okay uh discussion on potential violation at 100 Walden Road so I think two weeks ago I got a call um from Lieutenant leage from the fire department about a release that had occurred back in early March um there was a Republic Services truck um picking up trash at one of the businesses the business at 100 wal Road and they had um a release I think of hydro hydraulic fluid or diesel some of it ran into the Wetland area and from what my understanding is he was involved and they were working through the uh the cleanup process um he just wanted to let me know that nobody let us know and him when it actually actually happened um so he found out about it a month or so late he did let me know about it it's well after the fact but I did want to at least let um the commission know about it and that we'll keep an eye on it and make sure all the D follow up and the cleanup is done and closed out correctly I don't think it was a lot of spill um but he is what's the name of the Frank force that he's on you know yeah has yeah know but it's got a special name to it I for it was oh right right to know right to know yes so he's the right to know whatever it is yeah um so he's trying to make sure that everyone in the municipality understands the process of dealing with something like this when it happened so he was not very happy that he was not advised so how how does that normally work when I do not know so we have have that conversation with him and I was G to say I I imagine if there is a spill over to a wetland this commission would should be notified correct and that's he wants to make sure that all the appropriate parties are notified and in the past it's not necessarily the case in the past have we had a situation where we were notified or not we don't know what the process is not a long time we have we do get some street we had something and um we do have we do get some because we had like but it's really it's like kind of voluntary whether the commission sometimes stuff comes to my office but not necessarily you know to the Conservation Commission it was a well issue you know we would include you um but like Paul furland will call me and say hey somebody dumped this over next to the causeway um which happened you know about a month or two ago again somebody had dropped off a fuel like a uh oil 200 gallon oil container out of the basement uh and just dumped it out of the back of a truck on Wilson Road near the causeway um he was he was notified environmental police officer actually drove by saw a U-Haul truck driving out and said gez this is odd that U-Haul truck is driving through here drove another 50 feet saw it turned around and they were able so the police are involved now and they're tracking down who somebody hired these guys to clean out you know some some drums out of an area in the city and that's where they chose to go dispose of it you know near near the drinking water supply so so Paul fand's office has was working on that so he did let me know about it but in that case D was called in you know clean harbers or whoever it was cleanup was all done and you know um I think he not necessarily a wetland issue it would be more the drinking water supply which is is which is just imagine if we don't have these oversight committees and these oversight boards what would happen and you and you just see what happens so um he just wants to try to put in place to make sure people understand what is that procedure you know when it does trigger that a number of people get it's better to know than not abut yeah what was uh just maybe I missed it it was hydraulic oil I think it was hydraulic fluid no no on the one at wal oh wal I think it was I think it was the trash truck from Republic Services they they had a leak it wasn't the land owner at 100 wal it was while they were picking up trash I think they they had a hydraulic so it's not known they don't know exactly the amount I don't I don't think so they did have a photo of the Republic Services truck so he was able to track down some information which I think it might be in in your packages or maybe it go forward it to you but um again this only this just came in so we we can look a little bit deeper into it and I can keep you updated on it if it's something that we need to deal with then we can okay I'm only aware that if it's a spill of 10 gallons or more than they're the owner of the spill is obligated to notify right the I don't know what the number I don't know what the am was yeah depends sometimes if it's a big spill out of they'll have the fire department they'll call them and they'll show up and try to contain it yeah yeah but no one's notified right try to hide it and uh so I don't know the history of how this even got to you know to thee page the water I was up there today and looked fairly clean yeah so whatever was there just through a match all right solution to pollution so uh have a motion place on file no what put this on file discussion discuss okay doesn't need to be Ted but I'll try and find if there's some additional information that I need to provide then put it back on the agenda okay next is a notification filed by National Grid submitted uh March 26 2024 regarding F y24 annual transmission vegetation maintenance that one I'll make a motion to accept and place call uh roll call vote I I I I yes I all righty so before we adjourn um I do want to um publicly acknowledge the Reverend hornsby's service to the Conservation Commission over many many years um so he has moved on to uh John's other love the CPC um so I'm sure he'll be a cherish member on on that on that board so we are looking for Conservation Commission members um so if you know of anybody who has an interest in protecting the environment and has some knowledge that that they can provide let me know and we can hopefully start filling some spots I think Reverend Hornsby was on eight years he was on the board when it was uh Me Andy Liss Patty and I think that was it then you join us why am I blanking on the former gur Gunther gun okay yeah oh uh no gual right Ella yeah yeah yeah yeah yeah all righty so his uh his his comedy will be missed the turtles will miss him good guy and Public public servant does wonderful things but he's not gone just moved on to uh now he's in charge of money doing it out so hey who knows our meetings might go a little bit faster now huh has he been to a meeting yet for you still has pneumonia oh poor thing yeah did we did we make a motion to adjourn no motion to seven minut oh there you go oh we do make motion to approve minutes from last meeting have a second second roll call I I I I yes I no citizen input I see motion to adjourn so second roll call hi I I hi thatth motion meting dealt with it so this is