uh welcome to the fer Conservation Commission meeting being held at uh uh one government center public hearing room Monday April 1st 2024 uh 5:30 uh pursuing to the open meeting laws any person would make an audio or video recording of this public meeting or may transmit the meeting through any medium attes are therefore advised that such recordings or Transmissions are being made whether perceived or UNP perceived by those present and deemed acknowledged and permissible uh we'll start with roll call to my left here Chris Bo here Lis Ferrera John brand Jim kusich Paul ameral and we're missing on the board uh gratina Vieira and Jim Hornsby we also have uh Patty aiar a recording secretary uh and Dan agar conservation agent and Gary from frgtv um first on the list um notice of intent se- 24831 owner applicant Jeff Sylvia project location 2450 Indiantown Road cessor map is w- 34-12 filed by ecosystem solution Inc on behalf of the applicant the applicant is proposing a restoration plan to remove the unauthorized cart path created in or around 2017 from an order of conditions from 1997 DP file number se- 24289 this was table from uh March 4th meeting Mr chairman we had correspondents this morning from the applicant Mike laaser from the city of Fall River that they're still waiting on their surveyor and engineer to come up with the composite plan that we had requested back in was it February or maybe even before that um they anticipate uh having that plan for the May meeting so I would recommend that we table this matter until till such time which is May May 6th okay can I have a motion to table L to May 6th motion second roll call hi I I I yes all righty uh review and discussion update on B Rock Road this was table from March 4th I've been out to the site two or three times in the last month um I did go out and witness the installation of some new hay bals uh and Sil fence not everywhere where I would have liked them so I did follow up the other meeting the beginning of last week and walked the area with the gentleman Mr NES who's been here a few times and told him specifically the area that we want to make sure we've cleaned up so that when they begin restoration that we have a uh we have something working in order on that Downstream end and it was basically trying to protect that little drainage ditch that leads to the cul underneath the driveway so it was not only the erosion control along the street that we wanted updated it was I wanted to be able to protect that drainage depression so that way the water that's flowing into it so basically encapsulating that so when the water comes off the slope that dirty that has water has a sediment in it doesn't make it into that Swale thus through the covert so he was going to be working on that over the next week or two and uh we'll follow up with another s sidewalk when he has that done I did tell him when the guys are out there installing it if he wants me to go out to give them some direction I would be more than happy to do so so I'm going but that they've made some progression all right good uh can I have motion to table is to ma meeting motion to table seconded roll call I I I I yes okay next is a review and discussion of adopting the fee structures I did notice that it's the last reading that uh M Mac is having on the uh new uh bylaws so I fig we just wait for them so you want to make a motion to table to may make a motion to table make second I I I yes okay next review and discussion of 1262 Brighton a this was table for March 4th so as I had offered at the last meeting um the applicants made great strides in uh complying with our request the erosion control has been updated throughout the whole site the entire site is demarked uh demarcated for areas that he can put vehicles in where storm water should be constructed the temporary storm water basin has been constructed and they're working on the installation of you know the permanent storm water uh solution as well so I can offer that they've continued um moving in the right direction I did speak to their engineer they've just about finished up with the site plan review that does incorporate all of the different design aspects and conditions that we asked for so there's been nothing new um other than they're moving forward with some storm water construction uh from the last meeting and as I stated in the last meeting we'll continue to monitor that I go by you know at least once a week so we'll keep a close eye but did they removed that crushed stone that that had all over the place I noticed that well it wasn't it wasn't so the crushed stone that's out there is actually the temporary detention area and like a Swale that comes off the off the ledge slope the other area was uh processed grind like asphalt grinding that's what they were parking on so they've started scraping that back and constructing they left in the area that's marked off where they can park trucks the area around that that's all coming out and that's where the permanent uh detention areas and swrs will be constructed that's the area that they just started working on okay uh motion to table till May second roll call I I I Right Moving On notice of intent sc-24 834 owner applicant is all right ropes and Tiffany uh burine uh project locations 20 Hayfield Lane and zero Field Stone Lane assistance map is -1- 0045 and -4- 0078 file by gesi engineering on behalf of applicant the applicant is proposing to replicate and restore altered Wetlands this is table from March 4th Alex did we ever get green cards in the Leal l from way back right at the beginning meeting okay want to make sure it's been it's been a while okay some I think they have them all on their computers but if you want to give them color verions by all [Applause] means one more cof I think we're good we can no that's why you set that one up more for the audience Alex since they all have a color copy there you go so for your [Applause] [Music] consideration so my name is Alex keski I'm professional engineer in the city of full River my address is 4 to2 North Main Street and I'm representing H's family who are in the audience and it's of this hearing is 20 Hayfield Lane and the very nice subdivision and what it is without going I took this project in the middle of the happenings so uh the intent of this job in the intent of this filing is to rate part of the uh Wetland resource area that was unfortunately denuded and also is to replicate uh part of the area that is uh currently covered by the existing uh swimming pool retaining walls Patos and without going into the history of this project I believe my client acted in good faith she received all the permits but once she applied for the certificate of compliance and sometime in the past all this violations came into place so here we are so I prepared a wetland revegetation plan that's on on the plan that you see you have existing conditions plan as well as uh uh proposed proposed proposed condition so we're proposing to revegetate area on other side just outside of the has built swimming pool area and replicate the area that unfortunately occupied by the pool the area of replication is approximately let me see about 800 750 square ft that would that would cover the issue and uh the area that should be revegetated is about also 750 square ft Mr AAR I believe reviewed the plan so there were some comments all these comments have been have been addressed and that's pretty much in a nutshell what we have in a just there is one issue that will probably wait decision from the Department of Community utilities if you see what's highlighted in the light here this area mhm this is part of the drainage eement so uh my client and myself were in conversation with Mr furland and he was told that they're acting on or preparing a license So-Cal license I don't know regulation that would allow uh people in full River to occupy drainage easements and they will be issued licenses to this effect another issue for that maybe just revise drainage eement as well but Mr furland uh suggested that his way of addressing this issue would be licensing through the licensing okay that's pretty much in in itself no go ahead I'm sorry that was his recommendation yes his recommendation Mr chairman if I could sure um so this is an after theact filing for the construction of an inground swimming pool and you can just read along in the notes um so the swimming pool and the patio encroached into what was an approved bordering vegetated Wetland that this commission had approve the location of two separate issues here we have the Wetland violation and we have the easement and drainage structure um part of this I think the commission needs to look at and focus at the wetlands protection act issues of it and then conditionally upon if you do decide to move this we would be so with Paul ferland's blessing and approval in some form or fashion but looking back at just the bordering vegetated Wetland part of this so the activities you know again fell within the bordering vegetated Wetland and within the drainage easement it's approximately 1600 square ft of bordering vegetated Wetland uh that was altered and that was through a file number SE 24726 that was for the construction of the single Family House the driveway and the drainage system uh again as as Alex had stated uh the applicants applied at the building department this was quite a few years ago probably three years four years ago already 2021 2021 just just after they had just moved in um had hired a pool company Pool Company went to the building department submitted a plan uh to the building department the building department did in fact give them a permit for in the installation of this pool so when when we look at okay how did this go arai I would offer that the plan that was submitted was wul insufficient as it didn't show the drainage easement it didn't show the exact scale of what the size of the pool was so there's some error to go around I think everywhere who submitted that Plan D the pool company I don't remember the name of the pool company but the applicant hired a pool company the pool company went through all permiting okay he even asked if we needed to go to the Conservation Commission asked because we were bordering Wetlands that were not marked correctly that's a whole other issue so he asked if he needed to go to the Conservation Commission and they said no you're in the buffer zone so like we which we know is being incorrect but let's moving forward let's let's just look at at what we've got so um Alex took this job on to try to resolve this matter sure came to me well first they approached Bristol Pacific homes which owned the adjacent parcel of land that has the Wetland that is contiguous to this Wetland so the analysis first was okay how much Wetland was altered that was, 1600 square ft that's easy where was the approved Wetlands line per plan before where is the limit of clearing now which Alex said to survey is out there and they did that work coming back in from the retaining walls that were built to where the limit of clearing is now they have the ability to allow 860 square fet of wetland to restore itself um there wasn't there's only some small material not even really placed over it but it was Disturbed it needs to either be revegetated or allowed to be revegetated then to make up the remainder of the 1600 square feet Bristol Pacific Homes offered the area that is directly behind the detention pond on the parcel open space parcel directly adjacent so that's the other parcel here that's the other that's the other 751 s ft correct 700 so they'll actually be a wetland replication area constructed on the adjacent parcel behind the detention that wasn't there before that was not there before so let's narrow scope let's look at Wetland protection act we have a filling whether or not you would have authorized it from the beginning or not it's done so two options are rip everything out or allow restoration at a rate of 1 to1 to occur not losing any wet within you know the proximity to the bordering vegetated Welling engineering wise I can offer that what's being proposed meets the requirements for restoration one: one and replication standards we've required a certain amount of plantings the spacing of those plantings trees and shrubs um so what the commission needs to look at is after the fact filing some ambiguity with regards to how that happened um it was discovered through this process of seeking a certificate of compliance it's the only lot in phase one that doesn't have one and this was that was the reason that it was holding up right so I can only offer you those facts which Alex presented them you know identically I have spoken to Paul furland um and he's still weighing okay do I just change the drainage easement the drainage the pond itself was not filled so the capacity of the pond is the same the function of the pond is the same the drainage easement that wraps around the pond is what would either change or the applicant be given a license to leave the pool in that area he hasn't made that that decision yet okay if it were me I would change the easement rather than open the Pandora's box of allowing people to utilize drainage ements for the construction of anything but that's up for him to decide um so again whatever the commission wishes to do here it should be 100% um with Paul ferland's Department as a condition of approval him approving it in some form or fashion to allow it to actually Happ the drainage area that was utilized really served no purpose it was really just to create a straight line to to to create the drainages that's all I have to offer I just have a couple of quick questions Mr G Mr gordetsky between the pool which the the bvw seem it runs right through where the pool is placed and the has built retaining wall yes what exists there presently is it a pool skirt is it no it's a retaining wall it's a it's a patio P pavers so it is paved yes are they uh permeable pavers do you do you guys know are they permeable papers they're sand in between Unilock the unck so how do they backfill Unilock it's not with like the gaps in between unil loocks block to block yes it's that magic not mag is s s okay poly metric thank poetri okay spending too much time it's got to be the suit the only other um concern I have is with a lot of these properties out there that have put pools in we've requested that they have so when you backwash the pool we don't want it going into the drainage swi we don't want it going into the bvw so I don't think this did this I don't think this pool came before for us before that's the problem so obviously so what what we'd like to see is we're having 3x3x3 in essence a sump a drywell to put your back wash your backwash affluent into the dryw well so it doesn't go over land surface and make its way into the where's the pool equipment now I don't know if this matters but it's a salt waterer pool so it's low maintenance and we don't back well you I have one you do have to back wash occasionally not very often but and and but it's still the disinfectant quality is is still the same in fact it's better than a chlorine pool so all we want is that to go into a dry well somewhere some somewhere and not just be died not just be put right out onto the surface of your backyard or or dumped into or dumped into the retention pond that's all when you do back wash there's got to be an outlet on the filter somewhere right that just goes onto the ground I'm going to the myage my yard yeah in what part of the yard way back next to my next to your deck so that pipe what the commission normally requires is that pipe be connected to a pit in the ground of stone 3 by3 just a square and then that pipe goes into that hole rather than over the ground but they but they do require that that pit be 25 fet away from the Wetland do you think you can do that somewhere it can be on the side of the house so if they make that a condition that's something that you can comply and you can use a non permanent hose when you back wash you have one of those long pool hoses you could run that as long as you're not doesn't have to be permanent it can be as long as you're not dumping it Overland or into the into the retention Pond or into the bvw and this is the some similar request we've had for other people out of that development that they do that and that's the only concern that we have we would never DP into the W oh I'm not saying I'm please I'm not saying you would it's just that that's where we want it to go and that's what we've asked other people to do so we want to be Equitable across the across the place so that's all that's basically a French drain right in the ground pretty much with some rocks and you DP it in there but it allows it to percolate right at a distance at a distance 25t for few researchers is basically call a French drain basically but it has to be 25 ft away from yeah that's easy yeah yeah and I think we said 3x 3 by3 3x3 byx 3 ft deep and you'll be fine Crush d yeah like half inch to one and a half inch any other questions so can I have a motion anybody in favor or against nobody okay so can I have a motion to issue an order of conditions with uh first the uh condition that the uh Department of Community utilities approves it M and then with a condition of a 3x3x3 crush Stone pit um for back wash 25 ft from the wetlands make a motion second roll call I all I I yes okay thank you thank you no we do not want to rip out your pools all righty next is a request for certificate of compliance sc-24 757 owner Depart of community project location 700 Wilson Road C map z-4 d001 filed by wri Price engineer better environment on behalf of the applicant the applicant is speciic compliance for road construction has been completed and substantial compliance with the plan determination from the plans did occur near sm-5 where originally The Plan called for planting a stone channel was implemented instead to help with range of erosion control the channel and the banks were restored and stabilized so Mr chairman as I had presented at the last meeting and we discussed with the applicant there were a few items that we had requested uh we have not received those items as of yet so I'll recommend tbling this item as well okay a motion to table to May 6 so moves second roll call hi hi hi I yes right next is a request for determination of accessibility -86 owner applicant Paul furland property location 10 fair street access's map is n-14 d002 filed by right price engineering a better environment on behalf of the applicant the applicant opposing a sewer pump station mechanical and electrical equipment replacement replacement of a deteriorated uh generator house with flooded hard hardened house anchored to power found installation of a bypass sewer connection to enable the work to take place outside the Fall River 25t river front area rosion control protection will be installed prevent the sediment from escaping the work site Mr chairman again similarly to the last one same applicant uh for a different project we had requested some updated plans that labeled some resource areas the impact the property lines all that we still have not received those updated plans as well so I would recommend tbling that matter to the main meeting as well motion to table to May 6 who Moved seconded roll call I I hi I yes okay uh review and discussion and cease a desist of Bart Street in Bronson Street uh is anybody here for that yes [Music] sir can you state your name and address Clayton Manchester 16 90 Eagleville Road tet in Rhode Island okay you can have Mr chairman I can just give you an update on that um as you had directed me to send U the enforcement letter Mr Manchester's actual um listed address was a PO Box which he doesn't check often so he did not get that letter prior to the last meeting understandable as I stated at the last meeting I would follow up with another call which I did Mr Manchester did take the phone call we had the conversation again and um as many people are dealing with uh Consultants aren't easy to come by I can offer that he has retained uh the services of a consultant who I spoke to um the end of last week Greg Nicholas very reputable engineer and surveyor uh that is working on the on the project so we do have correspondents that's in all of your packages okay from uh Nicole Wood and and Clayton regarding um their acknowledgement of reinforcement action and that their engineer is uh working on getting a filing back in so I would recommend that we take the item off the agenda and give the applicant and their consultant some time to put together a restoration plan for the area and then they'll I do make sure during this that you don't do any work on the property no they haven't no they haven't as you see in our explanation we were under the assumption that we were able to build a house there that was what we were hoping for be quite honest still hoping for in a little bit of a way but the new engineer is not so promising we'll let the Wetland scientists go out and and then we'll know from there and then we'll do whatever we need to to correct everything sounds good so can I have a motion remove from the agenda and wait the consultant files I make the motion second move roll call hi all right all I yes so we meet the first Monday of every month so if you think of it I'll reach out to you too but before the next meeting just tell me hey we're we've gotten this accomplished just so I can tell the board okay they're they're this close soon as I get anything from you'll let me know and and then the consultant will re refile with the city oh yeah they'll be filing they're they're either going to be filing a notice of intent to build a house or notice an intent to restore a Welling it's going to be one or the other Cross or it could be half and half right you don't know I they might find some up to going to do so but the intent is hopefully to use those dry area which there is some but it's not very yeah no it's I've been out there fingers crossed fingers crossed we'll wait to hear from you but thank you for coming in we appreciate it thank you appreciate it okay next is a notice of intent se-2 24837 owner applicant as director engineering and planning department city of Fall River Project location zero Alden Street 69 Alden Street 69r Alden Street and 420 feran Street s's map is j- 26-26 j- 27-1 j- 27-4 j- 27007 and j- 27009 filed by LC environmental consultant on behalf of the applicant the applicant is proposing construction of quick Shan rail trail phase 4A between quick Shan Street and father toaso great uh good evening everybody my name is Nate goshgarian I'm a weapon scientist with l environmental Consultants joining me is Alis Nao she is a professional engineer with stch tonight we are presenting a notice of intent um application for the construction of pleas 4 a for the Quan uh River Rail Trail I would also like to offer apology if I mutilate that name I've been having a chronic issue like thing you said he leas his name right so that's that's more difficult for us then quicker chance so good so um I'm sure everybody is acquainted with this project that has been ongoing since 2008 kind of in different iterations for the last 16 years 2008 to 2017 really the overarching goal of this project from Fall River is to provide the public with a um a series of paths and trails that interconnect and so what we're presenting in this notice intent is kind of the newest iteration the newest segment uh that is connecting with parts of it that already exist and So within this ni what we're presenting is 800 linear feet that is going to from uh kekan Street Southeast down to uh father another name Park um so that's that's the input section it it visually it looks like a traditional bike path multi-use 10 ft wide paved um we are close to the river so of course we have protective Wetland resource areas uh those include boring vegetated Wetlands this Wetland complex is hydrologically associated with the qu Shan River uh it's basically a very dense kind of forced scrub shrub environment uh of course we also have Bank Med high water which we have the 25t riverfront area that extends from and then the third and final Wetland resource area that's uh involved with our project footprint is bordering land uh subject to flooding so um I believe everybody's got a copy of the plans um this was initially delineated in late 2022 completed I believe in mid 2023 so if we jump to page six and seven I just wanted to point out kind of how we demarcated our Wetland resource areas and also point out the setbacks so there's two pages that cover the whole 800 foot uh vicinity and geographic North is up and to the left just for reference so the more Northerly demarcation we have is our uh boarding vegetated Wetland that basically follows the downg gradient to slope of the proposed path and then s of that we've got the main anal high water from which we have our 25t um and that's I believe a purple dash line or blue dash line the the 25t setback the red dash line to the north is a 100 foot setback buffer to bordering vegetated Wetland and then kind of intertwining itself with the bordering vegetated Wetland is our blsf um flood plane if we go to the next page page We have basically the same setup and we got that kind of L-shaped curve in which we're terminating at the portion of the path that already exists which was already completed in Father taso's Park so that's kind of a general overview because we do have portions of this project footprint that are involved with Riverfront area and blsf we do have um some permanent alterations however especially with bordering land subject to flooding it's it's pretty minute um in terms of square footage it comes to 1 17 and uh within Riverfront area I believe it's 661 Square ft of permanent impacts so um that's kind of a general overview related to the Wetland resource areas I think I will hand it off to Elise which we get into some more of the project sure um yes so similar to the rest of the quick aan River Rail Trail it is going to be a 10- foot wide P path um grass shoulders on either end uh there are a few areas where we're adding some Landscaping trees shrubs um we have been discussing this with Dan now for probably a year to try and figure out how to advance this section forward um initially some of the development out here was not here when we had it designed back in 2014 I think was the last time we had worked on it so we had talked about construction access now being through father travasos Park and coming in that way so that they'll be able to um get everything in they would use um um generally you know they would use the existing footprint of what they'll be digging up as any type of lay down area and they'll have to work from one end to the other as they face through it I think what's important that that you all understand is that although this city is also an applicant to this petition there were a number of land owners um that signed this petition uh for it to move forward the two different Mill complexes that have um so the easements are in place with the private owners yeah so so there were there were some takings that were done previously those will all be get getting updated now now that the shape has changed um more most notably behind the fall of a knitting Mills where their parking lot is now the original layout for this Trail ran directly through what ultimately ended up being their parking lot so this new design had to bring the rail trail out closer to the river and run STW along the souly end of their parking lot then it bangs a hard Northerly direction to get up past the ledge encroachment that crosses over to Dean Street similarly uh 69r Alden where Parker candy was um you all had permitted uh some um duplex and Triplex buildings to be constructed there those were designed and built in accordance with the easements already being okay taken those all that so those don't need to change um then previous to that I don't think the layout changed much the Wetland changed a little bit so some of the temporary grading easements changed a little bit so not a lot has changed what's on the ground really changed at the back of the knitting Mills so we're at the point now where this should be going out for bid soon right y any because we have to spend this money pretty quickly because this is all being done um with Opa funds so those easements were already in place PR to this 4A extension correct is that you're saying just be updated some of them are going to be changed now because of of the reshaping of of where the the thing is being built we had done this back in 2014 was when we were trying to advance this and um I'm not 100% sure why it didn't go forward I don't know if it was that's what I think too construction funds were well yeah there was Dean Street was where they had the easements that they had taken way back through that cor so again this this phase whether it's 4 a and or whatever you want to call actually dealt with from britland Park East to quick aan and then quick aan to Father travasos the takings were done through this part of the corridor and were not done on the Westerly side so we because of time of being of the essence of getting these funds spent we had to buy this project because we would never have been able to get the takings done in time to deal with the Westerly side of this so this is now is this we're focusing on this part and then we can focus on on the westle part of it makes sense um the plans that I looked at the the delation is is pretty simple out there the only thing that I would ask for um if you do decide to to move this in a positive way is a revised plan that clearly illustrates the Dean Street ownership stuff sure yep um and then also I think we had discussed this in the past show the improvements on 69 R Alden I don't see that the the buildings I know it's noted under construction but I think we want to know 100% now I did speak with the owner well one of the owner's Representatives who's here this evening and he assured me that they made their unit smaller and and that they'll fall outside of the easement yeah so let's make sure that that's on this plan so that we don't have an issue moving are there as builds available for that no you didn't with with the de I spoke with Jeff this week so I'm supposed to meet with them tomorrow so hopefully we if I don't get them to you by the end of the week y have the surveys go out and locate them themselves I would I would rather have them not rely on on an as built from them than have you guys go do it so again we could compare them to mine just to make sure that you know so we're within six in our buildings are smaller than was originally applied for us we're within our concern becomes we have a 10ft road about 8T Beyond six sliding glass doors yep yeah so yeah I don't know how everybody sits on their couches but I'm pretty sure not everybody sits on them the same enough being said it's a 10-ft roadway that goes behind six of our buildable sliding stores so maybe we could get together and come up with something that for everybody but understand completely you that your project and I know it well came after these takings and and this proposal started so we want make everything happen just in the best way for and for the six individuals that there that's all just so you're going to they're going to have parking with those decks off in the back could you just you representative for ASC Investments the 6 69 hour Holden street project okay thanks so the back of three buildings we park candy was right yeah those buildings the water edge of that you probably remember through the permitting where we had to show the temporary easement lines and the permanent easement lines those the decks or Landings that come off the back of those build small decks fall right at the temporary easement six in and then we come in however many feet it is to the actual constructed service so even if there's room out there to within the easement however far out we can bump it and not be an impact to the Wetland maybe that's something we can do during construction but for the time being so the does not affect the parking of the condominium uh 69rs project this is the trail being built along the parallel of the back of the buildings and the quick Shan river that will be built in between those two so I want to make sure that those buildings are shown on these plants okay I was back there today looks like there would be enough land for everything I'm sure there is yeah but standing there and on paper I I just want to make sure that our paper matches what what's out there you know it's not also not far from the rivers so right so you got to we got to you you don't have much room to go further where the path is closer to the resource area than in that specific area so yeah if we can still fall within eement and potentially bump it out does anybody else no if I may though the only place that seems like it even gets remotely tight is just wrapping around that rock encro there yeah that's the only place you know all the rest seems fine some kind of privacy fence goes up it's a great walking path everything's great just when it makes that left T more towards the park you know because I know that's what they had changed on the plans I think it used to go on way up on the inside of that on the original ones so now that we're there they change it now it's on the back side maybe a Sly s is all we need to fix slyly slyly yes does the board have any other questions the only thing I wanted to make sure that you're aware of so there um just to be completely transparent there were a number of owners like I stated in this application when the application was initially put through you guys all know Billy Dem marish right yeah so he owned a portion of Alden Street when these plans were first done he sorry not all in Dean Street he had owned half of it he had bought it at auction when the city Destro this and properties so in 14 the city did a taking to take Dean Street except for a 50 foot section at the end of it that that he retained ownership to initially it was thought that this construction maybe under the original design he would have been an applicant to the process we finally discovered that he is not so there is no construction activity within his 50 foot piece that's why I want to make sure this plan clearly reflects his 50 foot piece now we did I did speak to Mr Demaris and and his wife Paula um just to make sure that they were aware of tonight's meeting because now technically they're in a butter they are 100% aware of it and he's coming in tomorrow so that I can show him on the new drawings he he's relies on the color drawings outside of our office the pretty ones that Lima did to decide whether or not they're on his property or not so tomorrow I will meet with him but I I just want to make sure that everybody knew he was aware because we've been trying to get him to sign the ownership paperwork it was only really resolved last week that no the taking did go through and he only owns 50 feet so we're not on his property so he's been aware for at least a month that the meeting was tonight um again as of last week and I spoke with him again this morning as well so I just want to make sure that you understand that he did receive prop notification that that the meeting was tonight all right and lucky enough we didn't need him to sign sounds good okay so can I have a motion issue in order of conditions with uh special conditions revised plan ownership of uh Dean Street and Improvement on 69r Holden street so mve second roll call I I I I yes all right thank you very good thank you not not now that they're going to be changed oh it's already on there you do show all 69 all approv oh you're right wa all righty uh next is request request of certificate of compliance sc-24 813 owner applicant is Ronald rusen R and D reality trust project location 185 naolum street cessors map is d-16 0046 filed by Ron Russen and R R&D Realty uh trust the applicant is requesting a certificant compliance proposed work has been completed substantial compliance with the plans deviation from the plan is as built limit of work as closer to the resource area and proposed on site this is done to mitigate trash piles and clean up and existing slopes on the resource area it is the opinion of the egi that this has been no negative impact to the resource area shown or associated with the buffer zone so if you remember we actually just dealt with 205 Napoleon the next lot over um same situation when they got to the rear of these Parcels which runs along the on ramp to 24 um the area was just abew so when they went in and constructed the houses the hay bals and S fence went up you stood there and looked over the hay bales and Sil fence it was tires it was this it was I me Fallen trees so they did clean it out it's all been vegetated um so they actually did a great job of pulling a bunch of stuff out of the resource area however that did bring them closer only in the buffer zone to the actual resource area limit so it went the work area was technically beyond what was permitted here um but will be within the The Bu Zone and outside of the resource area itself so I recommend the issuance of a certificate compliance okay any questions can I have a motion to issue a compliance so move seconded roll call hi hi hi hi yes all right uh next on the agenda is we need to assign a member of Conservation Commission to the CPC committee uh right now I sit as the chair on CPC so make a motion to put you back there second so moved I I I I yes okay request for denial uh superseding uh order of conditions for se- 24833 so this is just a correspondence issue uh as we had anticipated the abut to that Florence Street notice of intent um did file an appeal of the order of conditions with DP so that's just we have a site walk April 23rd I think I can email you with what that update is with with d but I know we don't deal with them often but at this point our hand we're hands off okay so now D comes in and looks at what we did I I think what's what the applicant may not been aware of is that we require 25 foot no activi Zone and that the applicant lived up to that 25 foot no activity zone so even and I kind of try to explain this to them even if dep feels that the delineation is off a few feet they basically got 25 feet to play with because D does not have to afford or require that 25 foot no activity zone so I think you all did a good job withholding them to the 25 foot no activity Zone we I want to say Badger but we made sure that the consultant was very thorough and confident in her in her line so now it comes down to dp's experts the applicants expert and I don't even think the abutters expert won't even be allowed on site unless allowed uh so it'll be up for DP to come down and take a look at what was approved and make whatever modifications either thumbs up thumbs down or revise the plan but our hands are off for the time being okay okay good make a motion to place on file so moved roll call I I I I yes sorry uh correspondent with kao's uh commuter service 2024 yearly operational plan motion to accept and place on F seconded Rollo I I I I yes okay notification followed by mass doot submitted March 18 2024 regarding 401 water quality certification forward secondary line motion place on file so moved second roll call I I I I yes okay uh next notification of H filed by South Coast rail submitted March 1st 2024 regarding special project destination permanent extension and modification motion to accept and place second I I I I yes okay uh motion for approval of minutes March seconded roll call I I I you oh I cannot second the motion as I was not here second by uh Lewis I I I yes okay no public input can I have a motion to adjourn so second roll call I I I