all right like to uh welcome everybody to this meeting of the Conservation Commission uh for all that who would like to please rise and uh salute the flag flag unit States of America stands indivis thank you uh do roll call Brian aback here Samantha Woodman here Joseph LV here Wilson K here excellent and Nicholas Rolph is here uh John shu is not in attendance um all right next up is the review and approval of the meeting minutes uh anything to add or looks looks good I'll make a motion to approve second second I'll second it all in favor I I I excellent okay first up is a continuation a notice of intent D file number 061 0817 23 Bay Road uh person representing this project would like to approach how you doing oh there you go thank you all right I'm David Choy uh architect and uh we have with me uh Andrea Garcia the applicant a contractor uh applying for this permit all right give you a moment to set up here yeah please um did did you have any results with the building department and do they come come up with any ideas to mitigate um not the building so last time I met with um Building Commissioner lisis cavagnaro um as much as mitigation we didn't really speak but I know he was for the like the addition he said there was no problem with him to do it but um pretty much that's all okay we have the okay yeah I don't know uh we we are granted a waiver from the state um building BBS so for a building in a flood zone um as far as mitigations concerned um I think that the defense could be strengthened to protect um out people outside or or neighbors outside of of of this property um wouldn't be you know I wouldn't recommend like a PVC fence I would recommend a much sturdy stronger fence but that would allow water to drain out but withhold any debris in the case of the worst case scenario so there are mitigating factors um I think that under the circumstance I could work with the owner the contractor to come up with Solutions on mitigating all the factors and and run it by Mr L cavanaro so um so just to moving forward too we want to make sure that there aren't any additional Pia surfaces and that that also means removal of the um artificial turf on the property as well right so uh the artificial turf which contributes to the impervious surface will be removed and will make uh make sure that the that equalizes uh the amount of perious surface on the ground and we'll make sure I'll make sure as the architect and any any you know drain pipes down you know the down spouts will be um directed to um pervious surface okay um so anybody from the public want to speak to for or against this no any questions from the Commissioners yes I had a question um I was curious if you had any thoughts about like raising the elevation of the building at all I know you're at elevation zero so I just wasn't sure if you had looked into that at all um we have um looked into it but again it's cost-wise the owner has not a lot of you know I know that it's it could be very expensive to lift the existing property um to above the elevation level but um cost wise definitely won't work for her but the addition will be two feet raised 2 feet above the existing um existing house floor level and for the foundation is it flow through already or what is the foundation right now I cannot verify the existing Foundation but um it is a slab on grade with frost wall Foundation um and um again uh the New Foundation which be tied in will um will be elevated above such that um we're not causing any more nonconformance where we're we're going to lift up the house as much as we can so thank you Mr chair hi I I noticed you're removing a shed do you know the dimensions of that shed um 10t by 10t anything else Mr chair when you remove the the carpet or in the front uh what what do you plan to implement a replacement in there like I just don't want like take it off you put grass grass might be tough to grow there because when you put this the building the shade might not allow the grass to grow so just just keep in mind if you put or what what is it do you have anything on mind to put in there a replacement yeah I mean we we could um look at gravel PE gravel or combination of PE gravel and pavers uh that would actually and I obviously I would make sure that whatever pavers you have from Street to the to the building entry um it's not going to contribute any more to the imperious surface so I my impact and and the three there the three will help and and that's something I heard you're going to keep there as well right the TR yeah yeah yes just want to make sure okay anything else okay um if you all if you're all satisfied I'd like to entertain a motion to close the hearing out I'll make a motion to close the hearing second all in favor I I I I okay hearing's closed um and if there's no further discussion um then I'd like to entertain a a motion to vote on the noi make a motion to vote I'll second it all in favor I I okay um thank you very much um so we'll send we'll get this signed and we will send you guys a copy of this um but thank you very much thank you thank you all right next up is uh another continuation not in notice of intent D file 061 8181 12216 Pratt Street and winter bav how you doing Rick did everybody get the updated drawings from this as well okay excellent I'm sure you have them here too thank you uh Mr chairman members of the commission for the record rck Salva engineering Alliance I hand this evening on behalf of uh parway homes LLC um so a couple of things have happened since um uh the last meeting um obviously as you heard the D um issued a file number they made some comments um the comments were relatively minor we had a note on the site layout plan that referenced the flood plane map which was the flood play map from 20 from 2016 which called this a Zone ae10 as you know we had submitted documentation in the notice of intent that suffix Downs had done a letter of map revision which we were able to benefit from which reduced the flood plane from elevation 10 to Elevation 7 based on the detailed study so the the the corrections that we made for the DP were really kind of administrative it was updating that note to include um the letter of map revision and then they asked us to Better Label the line which is delineated in this fashion over here um which is the Contour elevation 7 s um since then we also were able to have a site visit unfortunately it was a day that was much like today so we all got to see how the water runs through the pro property yeah um yeah there was quite the commission members got a got a sense of of the site uh we agreed um at at that meeting that any asphalt that get removed in the area between the um the development and the in the brook would be stoned to prevent um that area from eroding um and we're happy to do that probably expect to see that as a condition I would imagine in the order of conditions um other than that there really haven't been any of the changes to the plans so I'd be happy to entertain any questions or further comments you might have I have kind of a random question for you but um with there being multiple streets and multiple Street numbers do you have an actual address for what this place will be um not as of yet um we will be filing um an an anr plan and a discontinuance plan to discontinu in some of the streets um in here that that over the area that'll be developed I expect that once those plans get filed um the engine ing Department would would would issue a new Street number um for this site okay so wouldn't do you think it would be 2126 just one of them would be it with unit numbers basically yeah I mean I don't know the I don't know what their exact method is but it would be completely reassigned this this part there'd be two Parcels here they'd get two different addresses um and what they choose they'll choose you know what the input from Public Safety and so on and so forth so thank you just out of was wondering out of curiosity had trouble finding it that's why I was you know yeah so hopefully that'll be corrected you know by this development thank you just just something M but this is more for you the the documentation that we got today it says 238 and here it says 250 units so there is a discrepancy on the numbers on the one that I I receive an email with a PDF it says 238 but says 250 yeah I will fix that yeah but it's just like I said that before but it's just something to thank you is the 250 and with that is there enough parking for 250 units there yeah so this has already gone through um plan unit Development Special permit uh by the city council and all that was was taken care of under the special permit and then one thing I want to follow up is the planting and the things that you'll be putting back once you do any of the stone or you said you'll be leaving the tree line that's adjacent to the river um and do you plan on doing any other type of planting and and hopefully it's indigenous yeah so along the you know the there's going to be no real work performed um directly adjacent to the creek we will get in there though since we have machinery and clean it clean all the debris out of it get the tires out of it get the shopping carts that we saw out of and whatever debris might might be in there yeah so yeah so there will be a cleanup effort um at this point in time I don't think there there was any plans to do any kind of planting or any heavy work in that area we don't want to disturb anything that hasn't already been Disturbed um but that would likely come in a later phase yeah know absolutely um any other questions from the commission so what what are the next steps before you would actually be able to break ground um build permit and uh and a DCR access permit do you have an idea of timeline on that um I don't at at the moment so I think that I think this is probably heading towards the next construction season but I can't be certain that we're we're quite there yet we get a ways to go for building permit drawings and CDs and that sort of thing all right thank you all right anything else all right any uh any comments from the public yes if you could yeah if you could come up to the to the mic please and state your name and address yeah hi it's scale Miller um I'm with friend Zella Al Marsh um as you know we're very um very uh concerned about the Remy Marsh AC designation overall um primarily um a lot of our focuses at the bellile marsh um between East Boston River and winthrip um but this project of course sits a little bit in the AC so um our major concerns are not only for here but also at the marsh um so if I could and and I'd like to say I did talk with um Lorina and I think they're last week or I mean a month ago and I didn't realize there I I think there was some communication lapse between the two of us um I thought because it was wrongly dated in the notice um the official legal notice that it had to be continued to this month here because the the the date was wrong last last month so my understanding was nothing would be discussed last month so we lost the benefit of that and today I just learned that it was it's recorded So I guess I didn't know that and so we'd like the benefit of having to you know review that and then we you know thanks to Lorina she just gave us a little copy of the minutes tonight so um so if I could run through a few concerns that we have when we deal with Marsh uh Marsh you know concerns uh if I could kind of run those by you quickly sure okay so let me throw my glasses on here okay so um and we did we would like to a chance to go through the document I mean we really need to sort of just review the the um film the recording of the meeting and then submit comments so what we're asking at the outset is to continue this for a couple of weeks so that we could submit our comments um for the benefit of the developer and the commission um if that would be acceptable because we feel like we're like you know disadvantaged having this not I mean cuz I would have come last month but I was I was sort of um told that it was going to go to this month and nothing would be really discussed last month so yeah well it was they didn't have a d file number last month so that's why we continued it uh today is um so we've seen the site and feel as though it will I can't speak for how the Commissioners feel about we haven't voted about it yet but um they have certainly demonstrated that they are fully capable of executing this project and doing it in a way that is going to have minimal impact on the resources adjacent to this project here I can't speak for myself but that's from what Rick and the developers have presented to us and what they've shown Us in the site visit walkthroughs um that this project is going to be an enhancement on the neighborhood and ultimately not an impact on even further down towards the marshes where this would ultimately drain out um and I I would agree and with what chair says um I do feel that you know we've given ample opportunity to them to demonstrate what they are trying to do with the property we've walked the property we've seen it um I do feel that as well that we did have the opportunity before where we do put out onto the r website what is going to be on there as well we do apologize if you weren't able to see it in time but um I feel any further delay to the project um over you know you not being able to see it in time just wouldn't be a good idea well I think this would eliminate uh an appeal process if we could just submit some comments have the developer answer most developers when they're on resource areas don't really have an issue most of the time it can work as a benefit so could you just submit the comments directly to the developer he's about 5 feet from you well I don't have them in written form which which is something you really need to do I'm sure that he would give you his email I'm sure he'd give you his email and be able to take that well want the benefit of our comments I mean that's the purpose of a public we could do what I'm saying is we could do it both ways where we'd be able to get I mean I would give them to him of course but I'm just saying in order toed to speed up the process and not delay anything this way you're able to get it directly to them and to us without any further delays to their project so I'm I'm sorry so what are you suggesting for time frame I mean how soon would you be able to have those comments ready do you think well I I I would like to listen to the to the presentation you know go back and listen list to the hearing last week which we didn't have the benefit of of course so the hearing is about what an hour and a half you'd say yeah so that takes some time to listen and then digest and then write some comments so I'd like to hear from the other Commissioners about I mean on this they are a stakeholder um of this site by being on the Bell ale Marsh I think it would be beneficial to have heard their comments um they are experts on the Bell Isle Marsh specifically we are trying to protect that resource area and I mean as Rick said like this project is likely not going to break ground until next year so I think delaying it a month and continuing it would to hear the comments and to hear from the stakeholders and have your assessment wouldn't hurt the project long term and and I'm not even I'm not even requesting a month even the max two weeks it would have to be continued to the next meeting to the next meeting next month if we were to decide that yes so Joe how how would you like to weigh in on this okay is is that agreeable to yeah I understand next meeting is what May 1 yeah if that's to give these folks a chance to weigh in a little bit Yeah okay and just as a note I mean I follow the rier journal so that's where I get my notices I don't go to the re R website necessarily so that's where I got the date so all right just to wison go ahead M Mr chair just just have an idea like will it be possible like what is your mind usually when these type of projects are happen what are you looking for exactly in terms for from the developer on in terms of of the project uh in terms of General concerns yes yes one of the things and the reason why I ask is one of the things and the developer I'm sure is what for me is is the Plastics and keeping the area clean so it doesn't run into the marks that's that's one of the issues that I have with this project keeping the area clean and and keeping indigenous um vegetation and trees ex I think those those are the things that I ask and then I think developer has done many projects and and there's something that they can work what is it that you look yeah um well there's there's a multitude of things but I'm not I I don't know necessarily I'm not going to list them overall I think the project is certainly a benefit to the community and to the site in general I mean I we've all known what the site has been like for years and years and pretty degraded and um not well kept and you know and it invited lots of trash and um God knows what's in that Creek so um in addition to B Marsh you know the Creeks are important to the general um Network um so we would we would look at things like and because it's an important B is an important migratory route um you know this is a Stones Throw from bile so things that we address are lighting um and if you're lighting it up like you know the Yankee Stadium it's not a good idea um you know they we ask developers to be considerate about that um a far-fetched idea to most people is um the type of glass they use for birds to not strike and I'm sorry how many how many stories is this seven so yeah so there is a certain glass um another developer um on on the marsh is now looking into into those two um situations um and is very welcoming about knowing that so um that's something we always um suggest and that's something we'll include in our comments but um the the concern with Japanese can I just continue a few minutes abely okay um with regard to the Japanese knotweed the removal of that is is if you're going to take it down it really needs to be removed from the root and very carefully disposed of because it just propagates all over the place so that's that's a concern in general I know it's a real headache for most of the marsh um Marsh environments um um so I wanted to just mention that for sure um and then um I know there's probably God knows what in that Creek is there going to be some kind of um sensitive concern about removal of perhaps toxics in that Creek and how will that be done I'm not sure if they're going to be cleaning out or dredging the creek but I do I can speak to the fact that they will be pulling out a multitude of asphalt concrete pieces trash um and doing a fair bit of of mitigation in the back but behind the structure not not actually to mention what they're going to pull out to actually build the structure so that that let entire lot is going to get cleaned out it's it there's going to be almost zero impact and I would dare to say that your storm water mitigation system is going to have a net zero runoff to the property so it's not going to it's not going to create any adverse effects to the the water level of the creek it's not going to to add it's only going to enhance but as the rest of the Commissioners had stated we feel that we can continue this to next month to give you time to be able to submit your comments appreciate it honestly absolutely so so we'll continue this and um we look forward to your comments yeah and we'll get those you know long before you have the next meeting thank you very much all right thank you very much for your time thank you r oh thank you uh next up is a request for an extension of an order of conditions uh D file number 061 0759 this is 459 to 463 River Beach Boulevard good evening everyone hi my name is Peter blazel I'm the project engineer uh from Williams and spres 189 North Main Street weld I'm sorry Middleton I apologize um good evening uh we're here tonight to request a two-year extension to uh an order of conditions that was uh issued by this Commission on May 5th uh 2021 which is due to expire next month um I asked John if you might like a little presentation I don't know how many of the members here are new since then if you might want a little brief overview I can give that to you sure yeah appreciate I think that would be informative so just to give you a little overview um this project has actually been going on for uh a few years now um so just to give just to give you a quick quick idea Mr kichi uh gentleman in the end there he's he's the owner so if there's anything I can't answer uh so 2017 uh Mr kichi actually approached us to do a boundary survey on the property and to do some weapon flagging um so we did that in July of 2017 uh an abbreviated notice of uh resource a dation was filed with r concom by that man right there from engineering Alliance which was then uh issued a d file number um we then took that and we filed a plan with Frank stringy at the um site plan review Commission office um during that process we received uh plans for a 10-story building uh that was to be uh constructed on the site um after we got through site plan review um they issued a number uh we came up with some conditions um um and the site itself is actually a little bit of a odd-shaped lot I don't know if everyone can see that in the corner there so it's four Lots it's um approximately 25725 sare ft um it's currently uh has three structures on it with uh two curb cups and uh paved driveways in between it so um that was the existing condition um once we went through site plan r viiew sorry um rain rain is kind of scking a little bit so uh the proposal is to demolish the three structures uh close off one of the curb cuts and then create a new driveway down the side of it um and the interesting feature about this building is it's actually going to have uh interior mechanical stack and rack uh car parking kind of like you see in Japan a lot to save I'm just going to say one of those things where you can order a bag of Doritos but kind of similar you push a button comes down you car goes in goes up gets stored um so that's a very unique feature about this building um in the existing condition uh there's no storm water protection anything like that all the sheet flow comes down the pavement or uh sheet flows just back to the wetlands um this proposal will have a d compliant storm water system uh so we received our uh cyclon review uh letter uh in February of 2021 um after that we filed a DCR access permit in March 15 2021 um and then simultaneously we had filed um with the Conservation Commission here so we got our order for conditions from this this board uh we got a we got a letter from site plan review um where it went off the rails was with DCR um at the time Co was kind of kicking up people were working remotely and it just sort of dis appeared in the in the state somehow and uh that's kind of where it languished so in the meantime um you know let's get out of Co here the blip or whatever you want to call it and Mr crei was trying to figure out exactly where the project stood uh took some back and forth and we finally were able to get um get some FaceTime with DCR um so in the meantime we have a we have finally with DCR um one of the one of the things that um they were okay with was that we're right across from the existing beach house there's a a sewer line that runs from the beach house to the trunk that runs in the back for the point of Pines um not an unusual request this has happened at a few places along the beach we want to relocate the sewer um around the around the building uh DCR was okay with it they were actually okay with um the curb cuts and that type of thing um so they just uh at the very last they just said could you just make sure that meepa is okay with this now we'd already been through the all the thresholds and we didn't uh feel that we were required for meepa review um so but we did contact meepa and um they actually came up with a little bit of a different take on it uh we're currently in the works with them so it's we're kind of in a situation right now where DCR is waiting to see what meepo wants to do and meepo wants to see what DCR wants to do uh but in the meantime our permit is going to expire uh next month um so we want to keep that going for another two years we feel we're going to be able to get this resolved hopefully uh fairly quickly um so with that I hope I didn't bore you too badly but that's the seven-year Saga of this story and hopefully we'll be able to get Mr kichi to put a building up pretty soon because it should be a pretty unique one uh but with that any questions you have please feel free to follow yes to the chair uh the the argument of discussion that's going on between Meer and DCR is that in regards to the sewer pipe from no no no as a matter of fact DCR is fine with it uh what is the extent of the this discussion so the extent of the discussion is that um Riv Beach up this is is actually still considered a coastal Dune even though the coastal Dune has not existed for more than a century um the dune's gone however geologically speaking uh it's a coastal Dune um this board issued a order of conditions but this is not a state agency this is a local permit granting Authority we don't trip any of the meepa thresholds which is uh amount of Wastewater amount of average daily trips um that that type of thing length of sewer we don't trip any of those thresholds which is what we mentioned the director however um in her mind she felt that because we were altering the curb cut that is we're going to close one off we're somehow doing work on the Dune but it's also called the jurisdictional mismatch in other words um one you know when you go to dinner and you they say you know the Stak comes with peas corn and carrots you don't get all three you just get one so we're actually telling them that one um the the work the actual work within the within the buffer zone who was already granted by this Authority here the riv Conservation Commission um the work that would be just to close off the curb cut would just be a DCR permit the two are not even they're not related one does not have to have the other so they asked us if we could possibly um keep the curb cuts the way they are and not all them and we're trying to get an answer back if we did that would she then uh say that we don't need meeper review so we asked for a what's called a request for an advisory um opinion and um we were not actually able to get that um because we posed this other question that is if Mr kichi changes the design of the building somewhat would we then maybe be able to not have to have meepa review I sent that over to DCR DCR wants to see what meepa wants to say again Meo wants to say what DCR wants to say and I feel like we're on a little bit of a carousel but that's that's the argument it seems to me that if you're going to have keep the curb Cuts you couldn't keep them as they are you'd have to move them if nothing else so in our mind it's actually a good thing because uh most mot or or anybody they generally want less access onto highways so we'd actually be taking away one access and and just move and actually just moving one over um actually making it a little bit of a better situation but it's a very strange situation I don't know why and and the meepa director who's very nice and she's smarter than I'll ever be just uh kept on saying to us I'm having a hard time with this one um so I'm hoping she gives us something in writing that actually might help us out a little bit um I have emailed her since then to say if we did keep everything the way as you suggested would you then uh essentially leave us alone yeah we've had we've already had some difficulties with things that are classified as D areas that are yeah historically completely inaccurate I have another quick question sure how many units are you going to end up having in this so this is um proposed to be 59 units and you're going to have how many parking spaces oh six 90 spaces so okay so you didn't get a u a variance from the city then no we didn't need one good thank you I'm I'm glad to hear it so am I one less perit anything else I would just state that um I I walked the property today um and it looks you know very much cleaned up from where it was um it's really nice I think having seen the properties like just as we did the tour those buildings once they're taken down from Rivier Beach and replaced with what is going to be a beautiful um complex I I think this is going to be exactly the right direction that Rivier Beach is supposed to be going towards and um I hope that you're able to figure out all the things that you need to get done in order to to beautify River Beach cuz this will probably be the most beautiful building on it it's going to be very nice not only that but there's going to be a restaurant on the top floor so um we're hoping that uh we get to get this in the ground and yeah I agree with you I think it' be nice I wish you good luck thank you appreciate it um I'd just like to pose a comment as well um thank you for cleaning up the site and thank you to the owner for cleaning up the site just to prevent like future debris issues um just making sure stock piles are covered it's already in the order of conditions but obviously we didn't see that the first time that we walked the site and just making sure that there are silt fences um along that back area of the marsh to prevent any of that debris even if it's just materials um because obviously we were seeing some of that already so yeah we definely I'll go over it again with Mr kichi and like I said it's been a little while so course we'll refresh ourselves on everything that we're supposed to do and make sure it's done thank you appreciate that thank you um anybody have any objections to extending the order um hearing none I'd like to I make a motion to extend the uh no1 I'll second all in favor I excellent thank you thank you everybody appreciate your time uh next up is a request to amend an order of conditions D file number 061 07978 Arcadia Street um to and this is uh for comments made by the D to elevate it's marking his territory uh thank you again Mr chairman members of the commission for the record rck Salvo engineering Alliance here this evening on behalf of um John Nan arm construction um to to request an amendment to the order of conditions um that was issued under DP file number 061 0797 was issued almost a year ago I think me many of the members here were actually sat on this hearing and as you look at the plan that's before you it probably doesn't look a whole lot different than the plan that that was approved um this um site too fell into the coastal Dune issue um with the Department um we were able to work with them um over the summer and fall and into the winter um to basically do some additional fact finding for them and make some modifications to the plan and the D was good enough to allow us to come back here to modify the order of conditions um to include their comments which in turn will allow them to withdraw their appeal once they see the amendment benefit here is this stays in the Cedar R's hands it stays under your control it doesn't become a sueding order conditions that that puts it under the state's control and sort of takes it away from the city um so that said the the the information that was submitted to them um consisted of some supplemental soil testing some minor changes to the um to the drainage calculations to prove compliance um with all the D standards there are a few changes that were made as you might recall this parking lot is a perious asphalt parking lot the reason why we chose that BMP um is given um the elevation of this site it's difficult to put in things like catch baces and that sort of thing so we would had to elevate this site up 2 or 3 feet to do that which would have caused all kinds of problems to the surrounding um property so this allows us to basically keep it um at grade the DP um handbook um requires that you don't have perious pavement within 10 ft of a property line so there a little bit of regular asphalt that'll be here and then a strip of regular asphalt that'll be here which will all be pitched towards the pervious um and then the biggest change is the rear building um rather this used to be an enclosed garage at the base level now it'll be like an open carport so it'll be up on up on concrete peirs um the front building um W which is everyone knows the site there's an existing multif family building there that multif family building has a basement in it believe it or not in this neighborhood um we were able to um convince the department that by us tearing that down removing the basement building a slabon grade structure with flow through foundations between the slab and the flood plane elevations was actually a net Improvement so the front building did not change the rear building ends up um on concrete peers the height of the building did not change we just simply took what was an enclosed garage and now we make it sort of a carport type um situation allows for uh free flow of any flood water um in there um that was essentially the the changes like I said I think from from us sitting looking at the site plan the plan really doesn't look any different but for the elevation of the um rear building um so we' respectfully request that the commission would consider issuing an amended order conditions so we can hopefully have the DP withdraw their approval and move this project forward okay um just before we take any comments questions concerns we'll open the hearing apologies can you say that all again no um anyways so at this time I'd like to um see if the Commissioners have any objections to any of this or any questions excuse me no I think having the flow through um garage area is definitely going to be super helpful and fulfill all mass dp's requirements so thank you for that um anything else I'll make a motion so uh so at this time I'd like to open up to the public if they have any questions or concerns Anthony Pali 51 Arcadia Street Mr chairman members of the commission I just want to thank everybody for dealing with us for over a year and I wanted to thank the developer his project has been held up partly because of me and now because of uh Massachusetts at holding cost for over a year is a nightmare for this guy so I'm really sorry that this happened to you it's this is a win-win for my neighborhood everybody in my neighborhood wants it I talk to everybody about what it would look like people were concerned that the place was going to be elevated I explained it to everybody we want it we want five beautiful tow houses and not what was going to be there before so please please please let them do this thank you thank you hi Angela Gino SAA the W five counselor I am 100% in favor of this project compared to what we were supposed to have to begin with this is a blessing so please approve it thank you thank you very much um any questions okay um I've hearing none I would like to entertain a motion to amend um the actually no excuse me first I'd like to um close the hearing motion to close the hearing let's do this right make a motion I'll second it all in favor I I I okay and I'd also like to now uh enter entertain a motion to approve um this amendment I'll make a motion to approve second all in favor I I excellent thank you very much thank you for your time I appreciate it okay next up is the um request for an abbreviated notice of resource area delineation uh this is for the city of rier uh this is for the Wonderland Park I know right I'd like to uh open the hearing so this will be the only meeting we ever have about Wonderland right one of many yeah one of many thank you very much uh yeah there you go turn the mic on perfect we good all right uh for the record my name is Claire hogaboom I'm Wetland scientist with LEC environmental Consultants representing the city of Rivier for this anrat application we are seeking confirmation of wetland resource area boundaries on the property known as uh wonderlands but uh it includes a few Parcels at 190 Veterans of Foreign Wars highway or VFW Highway and some portions of dun Road as well uh joining me is Britney Ferber from Niche engineering they prepared a flood plane analysis that accompanied our application which I'll ask her to discuss a little further but I just wanted to get into a quick overview of the site and the other Wetland resource areas first and then I'll just pass things off to her um so I'm sure many are familiar with the site it was uh previously developed for the Wonderland dog racing track um it previously contained the elevated racetrack in the southwest portion of the site um an Associated Clubhouse various buildings uh paved parking lots paved areas in general um and that since was closed in 2010 uh and between 2017 and 2019 the buildings were all demolished so presently um what remains is the elevated dog track um along with most of the paved parking areas and some remnant um more degraded paav parking areas as well along with some remnant uh foundations associated with those buildings um I'm going to try to like point but also speak into this uh tilt it this way just a little bit there you go perfect I just want everybody to still be able to see it um so the site is sort of bifurcated by the Easter County ditch uh that runs through uh this portion of the site of than a East West Direction it splits up the southern two uh 2/3 of the site where all the development associated with the uh Wonderland dog track was once present and sort of still is very developed the northern 1/3 that remains um has some Upland uh manicured lawn that remains there some bordering vegetated Wetlands as well um just going to start flipping through the plan I think this is my sign for a new easel um in so in the southwesternmost portion of the site uh this large orange indicates uh the non- bordering vegetated Wetland that's in the interior of that dog racetrack that wasn't there when the site was very active but it had since developed since everything was closed and you know the maintenance of the site was not really um upkept for very long afterwards um since the closing of the track we identified these uh two smaller isolated or non- bordering vegetated Wetlands as well um I believe this is identified as our D series Wetland that's about 800 square fet in change quite a small area and then the somewhat larger um non- bordering vegetated Wetland than the D series is our C Series Wetland at about 2,300 Square ft um so both very small Wetlands um in comparison to the dog track uh non-boarding vegetated Wetland there um the two on the southwestern most portion of the site have sort of developed in these historically um developed excavated areas so very um historically Disturbed areas and have just developed over time the larger sort of SE series Wetland there contains a lot of debris and trash within it so it's really serving like very low functions and values from a um you know ecological perspective there um and right here is where we start seeing the sort of Western extent of our Eastern County ditch we have the commuter rail line that's just uh running along sort of the Western Property boundary here uh so the Eastern County ditch runs in a very linear man-made channnel and a very fringing bordering vegetated Wetland um runs along that Eastern County [Applause] ditch uh just a point of information I think it'd be a good point to tell us where that ditch drains into yes of course so that we can know that as you go along want your presentation would you like to know now or I'll yeah I would like to know right now I suspect I know but I just like you to stay for the record we'll flip to the next sheet because that is where this is sort of in the northernmost portion of the site we have um I believe that is I had the street shamet street I think it is that runs to the north of the site there m the Eastern County ditch enters a culvert that's just behind residential development on that street and It ultimately does discharge into the rumney marsh um system but it goes through a series of tidal Gates and culs beneath Road Crossings under parking lots a lot of development that it travels through before it gets to its ultimate discharge Point um and since we're at this part of the site we do have a little bit of that bordering vegetated Wetland a little finger-like projection that um runs within a very narrow fringing uh sort of manicured lawn portion of the site there just wanted to backtrack for this previous plan sheet that's just between sort of in our central portion of the site this is where the Eastern County ditch continues within the site and just here where D Road extends uh within sort of the western portion of the site the bordering vegetated Wetland does expand a bit more it's not so much fringing anymore directly on the stream itself um it's extremely dominated by fragm mites or common Reed um which is a invasive colonizing type of plant uh what we've also experienced throughout the rest of the site is fragm mites is very common within existing paved areas that would not typically be considered Wetlands yet it is a wetland plant um so through our delineation we did um sort of exclude areas where we saw fragm mites but we understood that there was pavement directly beneath that plant because it is such an invasive colonizing plant um and it's not entirely representative of the true hydrology or a true Wetland um sort of presence in those areas and then just lastly there is a small little orange uh finger there that's our last non- bordering vegetated Wetland it's just a little sliver that uh appears to have also developed through historic development it's receiving some sort of um drainage from dun Road and some spoil piles are also present around it that sort of directs sort of surface hydrology towards there but we observed some other Wetland plants that prompted us to to um include that in our non- bordering vegetative Wetland flagging uh so we went through our non- bordering vegetated Wetlands we have four in total we have bordering vegetated Wetlands uh along the Eastern County ditch the Eastern County ditch itself has a protectable resource area which is Bank um along with that since it's a perennial stream mean annual high water is also associated with that ditch and from that mean annual high water bound is a 200t Riverfront area which we also have on site and essentially because this ditch is so linear and has abrupt slopes bank and mean anal high water are gen generally coincident throughout the whole extent so they're one and the same on this site um the final resource area that we are seeking confirmation of uh is related to the flood plane so under the wetlands protection act there's sort of a few tiers or a few different ways to identify flood plane from a protectable standpoint um Inland flooding can be sort of identified in two different ways one is bordering land subject to flooding um and that's where it is sort of bordering on some other resource area or receiving that flooding from some other resource area um isolated land subject of uh yes isolated land subject of flooding or isolated or ILS F I'm sorry um is more when it is contained and sort of isolated from any other features it's a bowl a depression and isolated depression that receives flooding um we identified through the fem of flood maps that the 100-year flood plane extends to Elevation 12 which essentially encompasses most of our site um but since it is within this sort of coastal area but it is a little further Inland there's we understand that there is sort of an overlap where we're getting Inland flooding influences and we also get coastal flooding influences so that's where we asked Niche to perform this flood plane analysis to determine where does that Inland and where does that coastal flooding influence sort of overlap or where does it meet and where would that elevation be determined to be Inland versus Coastal um their report ultimately deter that that elevation is at 4.5 so I'm going to flip over to the other side where I have a plan set that shows the blsf um bordering land subject to flooding boundary and I'm just going to pass that off to uh Britney so she can explain that a little bit further thank you as Claire said I'm Britney Ferber with Niche engineering um we performed this study to kind of distinguish between the coastal flood area and the Inland flood zone um our first step was to review the FEMA flood insurance study and we did determine that their study only took into account the coastal flooding for this Zone it didn't look at any Inland flooding and we wouldn't be able to use that as a representative factor for our inland flooding so we really wanted to separate our Inland resource from the coastal area so we isolated that Eastern County ditch as if it is anywhere and not near the coast and we performed our analysis using the methodology outlined in 310 CMR with uh 7 Ines of rain in 24 hours and we delineated The Watershed that goes to the ditch Upstream of the site and throughout our site and tried to figure out we used a program called hecas to that cuts cross-sections through the site and through the ditch to determine that water surface elevation as it goes through the site and ultimately what we found is that the water will come up to about elevation 4.55 independent of any Coastal influence and that line is shown here in blue can see a large portion of the site is still considered within this bordering land subject to flooding area so while most of the site would be in that Coastal flood zone a large portion of it so it would be the the blue and then this way that would all be considered within the bordering land subject to flooding which will have impacts on the project later I just have a question for clarification so both of your companies were hired by the city of river to do this exact study to be able to I mean I think the the two basic things is flooding and the delineation of the wetlands like exactly where the wetlands are so is that study already been completed is that what this is or are you still in the process of doing it that's what they've done they've already done their delineation in this process okay and when do you know when we're going to see the actual site so we'll get to that okay um I do have a question about the smaller um isolated Wetland that's adjacent over there is that does that follow within the 200 feet of that Creek or is that outside of that no up uh yeah yeah yeah on near d Road I don't believe we had the 200 foot River Front area placed on the plans but we can certainly put that on Revis PL so it's clear yeah I think that just to make it a little bit clearer when we're out there and it is definitely an extensive um Del iation so thank you for that um but we definitely because of the scope and the magnitude of this we would definitely want to have our own peer- reviewed um delineation of this and this estim estimated around $7,700 for this um just as a heads up and because of you know given the weather given the amount of um Wetlands on the property we would ask that we give be given some time to also confirm this and then schedule our site walkdowns for early May if that works for you yeah absolutely we've been in touch with John Shu um to sort of give you guys a window and we sort of gave our availability so whenever you schedule it John will reach out and uh we are understandable that the peer reviewer has been retained or is um in the process of being retained process and that's to review both the boundary delineation and the report from Niche so yes um we certainly welcome the additional review yeah absolutely and thank you um so we'll probably have to continue this till our June hearing um if that's amendable to you as well sure um excellent uh quick question to the chair go ahead I'm just curious about something else now does this eventually end up all of this drainage end up in Diamond Creek and then in SAS river is that that the flow of the no is that b no r or Ry mush that is Ry mush where where does this ultimately end up draining out through yes so the um the Eastern County ditch does ultimately discharge into the rney marsh just you mentioned you mentioned Shaman Street and I I took out my map and I was trying to trying to follow it on the map and I I ended up looking at at the uh backside of nshore road where there where there was Diamond Creek that's why I asked you about that the okay I think Diamond Creek is what's on the opposite side of the MBTA line yes so like near the blue line yes and it's not going that way that's under from my understanding I don't think it is I believe so D Creek would be somewhere on this side of the site side so near closer to Blue yeah yeah it's like it's next to the Wonderland site like where Wonderland train station is no the Wonderland site is I'm sorry yeah Diamond Creek is like past that point I think it runs under the residential portion of like Rivier Street on the left hand side of North okay not the right hand side where that borders the beach that might that very well could we'd have to look into some of our survey I'm not certain if they went that far if they did we could sort of provide a little more information some supplemental information to the commission if you're interested in sort of the tracing of how it where yes ultimately I'd like to know basically how what what that would have the greatest effect on when we get very high tides King Tides stuff like that and that how much that affects the drainage in this area okay yeah we we have a lot of residents also bordering Diamond Creek as well so knowing if any of this runoff would go to their properties would be helpful okay you know this is actually a good time of year I've been noticing myself there's been times I've gone down the ly Lin Marsh at Mid tide and the whole Marsh was full of water because of such saturation all around because of the rain that we've been having so ultimately there's a lot of times when drainage really doesn't occur in this area as swiftly as we'd like it to to be so I I I kind of like to know the root of water in and out of this area I might be beyond the scope of sort of requesting the resource area confirmation for this application process but yeah this is more of a delineation of what is actually on the property I mean knowing that for for the project sake later down the road would definitely be something to note I would say um so at this time uh I'd like to um if anyone from the public has any comments uh keeping in mind that this is just about the delineation not about what is potentially going on this site no okay um do you guys have any further questions before before we continue this okay all right so we'll continue this to June and um look forward to seeing you guys then all right same here thanks for your time all right uh next up is a notice of intent D file number um we're not sure this is for 48 Jones Road um if you guys want to come up um did you guys receive a file number yet or no sorry um we'll uh open the hearing if you could um there you go turn the mic on I'm Rosa Greco own the property at body8 Jones Road okay um how you doing good how are you good so um since we met last on site um and I together this plan I think you guys we show the GS coming down to PBC and out to chamber here y s run the numbers through the this ctech and it's going to end up being if you could state your name for the record uh John Harrison Privia construction thank you um and this is for 48 Jones Road y um we ran the numbers and it's going to actually um there's it's 14 each unit handles 14 cubic feet and it's 41.5 cubic feet of runoff on the roof so it's actually going to be three three CeX okay three in line so on the plans you have it noted as two I believe I have it noted as one and we're going to re oh no sorry you're right it is only one I apologize yeah and so that will now be three as noted in our narrative okay and um I mean the reason why I started at one is you guys were there when we had a pretty good rainstorm and the water was leeching very good with the way it was MH um but when you run the actual numbers from the manufacturer that's what it works out to so I think it's fairly simple little addition seems to make a lot of sense in that neighborhood and the way we have it designed and you'll be capturing all your runoff uh as well so that would be a benefit as well to this project um thank you for doing the your due diligence there yeah um does anybody have any any of the Commissioners have any comments well based upon seeing what the Project's going to be um I think that'd be an addition to the neighborhood of you being able to even just have that and what your your plans even with having that open area of grass and uh even what you currently had with the gutter system which was ingenus I got to give you credit for that um I wasn't part of that but it was a very good plan you could see it didn't even puddle there so you would think you could get away with none but it seems like you guys uh from conversations with you on site that you definitely know what what it is that you want to do it looks like the project is going to look beautiful when it's done and uh I look forward to seeing the finished product awesome anyone else no okay um anyone from the audience um wish to comment on this okay um so unfortunately because we don't have a d file number we can't close the hearing and we can't vote on it unfortunately so once you get the file number we can issue um your notice of intent um and so unfortunately we have to continue this till next month um but we look forward to seeing you again thank you very much is there a way to get a conditional approval based on getting no no no we have to have a d file I think I asked that at this right I thought I'd Tred one more time that's all right that's that's why we're here okay so we'll be back and um so would we be early on the agenda for the next one is that how it typically works I'm not sure I don't set the agenda usually but uh well thank you guys very very much we appreciate it thank you very much y thank you so do you vote this time or you vote no next time okay yeah I did oh yes um so next up we have uh an Enforcement issue uh 134 broad sound uh this is Paving without a permit and land subject to Coastal storm Flowage uh unfortunately the resident could not make it oh you are okay sorry I didn't realize you guys were part part of that I apologize um if you could come up and thank you and uh so my name's James Gibson this is my mother Mona she's the property owner and my husband uh sorry her husband Robert couldn't be here tonight he's in the hospital sorry to hear that um thank you very much for coming um so if he would like to be here to hear the enforcement um and you guys need a little bit more time to get all your ducks in a row we would be comfortable with what's going on to extend this to the May meeting for you guys um I don't know how you want to handle that Lena sco conservation agent so just to give the other Commissioners a sense of like what was done um we sent out a notice of potential violation to the owners and on March 11th John Shu Brian Wilson and I went to meet with the owner um and we observed that the driveway was paved and that it's like uh steeply slop from the back of the home to the street um so in terms of um the sedimentation and erosion was certainly taking place so having the hard surface is an improvement so it's up to the conservation to consider whether you think that um there's an impact with how it is now for storm damage and flooding and if you want to require them to file an after the fact noi or RDA cheer do you mind if I NOP go ahead you were on the S sidewalk through yes um so I'm also a neighbor um I live very close to where you are and um our area doesn't flood um it doesn't it just doesn't so seeing what they've done where how it sloped everything would go straight down to the road there is a substation there for all the water if it ever goes through um you know I've lived where I lived for the last eight years we have not once flood and we have had brutal floods I'm I I you know have the home closest to the ocean in oliv beach and I haven't had one flood you're further down than me so I understand that there should have been certain things done as far as for the the paving I I understand that um and I'm sure you're sorry for not doing it the proper way I do feel that further dragging this along when I do feel personally I feel it was an improvement what they did I know there were certain things that have to be done um but I think that by having you before us has shown to other people in the neighborhood and to everyone else um what needs to be done in the future and I think that having them having to remove anything or having to do anything additional would be uh to the detriment of them and to um the area U my recommendation would be to um allow them to to have it and to to move forward and for the people in the neighborhood to know that this is there's a right way to do it and they're now in front of us because of that thank you yep anyone else Mara yeah just to um pass on the message for John suggestion for this was that we can add to the their file if they'd like to repave or do another change to the driveway that they'll have to come before us um the input that we've had um from our commissioners here I I would definitely recommend that we put something in the file for future reference that if you were to to redo this or if anybody who has owns the property is to redo this or modify in any way um that it would be looked at we would make sure that it would trigger something um I would be comfortable with that at this point and knowing the area myself knowing that it really doesn't it's not a area that floods or that has run off in any way shape or form over there it's definitely a little bit elevated uh All Things Considered um we'll we'll definitely be keeping an eye on it but for now uh we'll put something in the file for the property and we'll move forward from there but um thank you very much for coming thank you appreciate it you're welcome thank you uh so next up we had some correspondents um this was on the mbta's 5-year vegetation management plan uh which they will be presenting I'm sure at some point uh we had some site visits uh and inspections the March 11th was the ab bruy Street in broadsound the 23rd we were all there for all of the um walkdowns that we did um and at this time i' like to have some open discussion from our commissioners anything to add I mean something super random but I might help if we just happen to have a tripod in here that is just a common use tripod for everyone yeah I agree U maybe on wheels or something I don't know I mean I don't think that would be a huge expenditure but um if that's at all possible that we could just throw throw that in the mix or ask somebody I'm sure we can I'm sure we can find one ridiculous the problem is that is not getting it is where you sto it sure when it's not being used well they have a giant TV in the corner I mean there's things that I'm sure we could we could find something no I I back room I don't know I'm just just idea to throw out there to the world and see if anyone watching this that has anything to do with the city of Rivier could make this magical dream happen thank you well I appreciate that um anything else all right well I'd like to um ask for a motion to adjourn motion to adjourn second second all in favor I I excellent thank you very much e for