Fall River Conservation Commission Denies Order of Conditions Amid Wetland Restoration Efforts
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Meeting Type:
Environmental Commission
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Meeting Date:
01/06/2025
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Recording Published:
01/07/2025
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Duration:
42 Minutes
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Towns:
Fall River
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County:
Bristol County
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State:
Massachusetts
- Meeting Overview:
The Fall River Conservation Commission’s recent meeting centered on critical environmental issues, including the denial of an order of conditions for a project on Indian Town Road due to inadequate information provided by the applicant. Additionally, the Commission addressed several Notices of Intent, compliance requests, and restoration plans.
One notable issue discussed was the project on Indian Town Road, where the Commission faced a decision regarding a Notice of Intent related to an unauthorized cart path created in 2017. This item, tabled from a prior meeting, involved alterations to wetlands in a designated endangered species area. The applicant had failed to provide additional requested information, which led the Commission to consider denying the order of conditions. Members noted the potential for an appeal to the Department of Environmental Protection (DEP) if the order was denied. A concern was the original construction order for the house not being recorded at the registry of deeds, potentially affecting future buyers’ awareness of the outstanding order. However, this recording had since taken place, giving the Commission a stronger position. Ultimately, a vote to deny the order was passed, with the decision grounded in the applicant’s insufficient information submission.
In another significant matter, the Commission reviewed a restoration plan for wetland violations that had inadvertently disturbed wooded and wetland areas. The property owners had ceased activities upon notification and engaged Zenith Consulting Engineers for remediation efforts. The plan proposed dense plantings within the wetland area, loaming, and seeding for stabilization, and included a cart path turnaround outside the 100-foot buffer zone to prevent further encroachment. The majority of the area was identified as bordering vegetated wetland, with restoration measures focused on removing unauthorized fill and reinstating wetland species. The Commission unanimously approved the delineation and restoration plan, noting that land usage determinations were beyond their jurisdiction.
The meeting also addressed a request for a certificate of compliance for a project on Brookfield Terrace. Despite substantial completion, the site had not adhered to previously granted orders, particularly concerning the placement of pool equipment and wetland signage. The Commission denied the certificate due to these unresolved issues.
Further discussions involved the extension of an order of conditions for work along Route 79. The Massachusetts Department of Transportation (MassDOT) requested a three-year extension, which the Commission approved without debate.
Additionally, a determination of accessibility was requested for a sewer separation project on Birch Street. The project, presented by Danielle Gant from CDM Smith, aimed to separate combined sewers into a new stormwater drain to comply with environmental regulations. The plan outlined minimal impacts on bordering vegetated wetlands and proposed improvements, including repaving deteriorating roadways. The Commission reviewed the plans, which showed some work encroaching slightly within the 100-foot buffer zone, but most activities were outside sensitive areas. The discussion focused on environmental protection standards and the project’s practicality.
The Commission also reviewed a proposal for work within the outer buffer zone of a Coastal Bank. This involved activities in the improved area of a bridge within the 100-foot buffer zone. The proposal was deemed minimal in impact, and the Commission unanimously approved a request for determination that no Notice of Intent was needed.
A request from Madison Properties LLC for a project on Airport Road involved constructing platforms and a gravel access drive. The representative recommended a negative determination, citing minimal resource area impact, with a condition that the Certificate of Compliance not be issued until all work was finalized.
Paul Coogan
Environmental Commission Officials:
Paulo J. Amaral, Christopher Boyle, John Brandt, James Cusick, Luis Ferreira, Reverend James Hornsby, Nikita Lynn Valencia, Daniel Aguiar (Conservation Commission Agent), Nina Krueger (Head Administrative Clerk), Nina Pavao (Head Clerk)
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Meeting Type:
Environmental Commission
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Committee:
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Meeting Date:
01/06/2025
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Recording Published:
01/07/2025
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Duration:
42 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Fall River
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