2026-10-21 - Conservation Commission

00:07Good evening. It being 6:30 p.m. on

00:10October 21st, 2026.

00:13I call this meeting of the Brockton

00:14Conservation Commission to order. This

00:16meeting is being conducted remotely in

00:18accordance with Governor Hilly's open

00:20meeting provisions extension signed on

00:22March 28th, 2025,

00:24which extends access to certain remote

00:26and hybrid meetings until June 30th of

00:292027.

00:30Realtime public participation and

00:32comment can be addressed to the

00:34conservation commission utilizing the

00:36Zoom virtual meeting soft meeting

00:38software for remote access. If you wish

00:41to comment during a public input portion

00:43of the hearing, please use the raise

00:45your hand function to be addressed at

00:47the appropriate time. For those of phone

00:50only, please press star 9 to raise your

00:53hand. Please note, all comments made a

00:56public record and should be made in a

00:58way that is respectful to others. Should

01:01personal or inflammatory remarks be

01:03made, the host reserves the right to

01:04mute the speaker. A copy of this

01:06recording will be posted on the city of

01:08Brockton's web page. All votes will be

01:10done via roll call to ensure count

01:12accuracy. Um, so we're looking for a

01:14roll call vote, please.

01:21My first one is I think Glanceon's

01:22first, right?

01:26>> Yes.

01:32>> You muted, Liam.

01:34>> Sorry, Leon. Eyes

01:37>> green here.

01:39map here.

01:42>> Boris here.

01:44>> Talbert here.

01:47I believe we have quorum.

01:48>> Yeah. Uh quum is just for us. Yes.

01:51>> Okay. Can I just make a quick note and a

01:53comment on this? Uh item agendas

01:567 8 9 10 11 12 and 16 will be continued

02:02to the Wednesday, November 18th meeting.

02:10you're on mute.

02:12>> Oh, I was muted. And then before we dive

02:14into the agenda, um Dr. Eliza Wilson,

02:16who is the director of economic

02:18development with the planning

02:19department, um has asked to say a couple

02:20words at the at the start of the

02:22meeting. So, uh through the chair, if

02:23that's all right.

02:24>> Absolutely. Good evening, Dr. Wilson.

02:26>> Hi. Uh thank you. Thank you all for

02:28letting me join your meeting um after

02:31the agenda was posted. Um, so I just

02:34wanted to say thanks for all you do. And

02:37just as a heads up, one of the um, focus

02:41areas of economic development I've been

02:43really looking at is [clears throat] our

02:45greatest asset, which is 571 city- owned

02:48parcels in the city of Brockton. Um, 121

02:51of them currently have uh, buildings on

02:53them. And so as we begin to think about

02:55what's next for our city relative to the

02:58constraints that we may already have in

03:00place in terms of certain regulations,

03:02zoning variances and so forth that we

03:05can constructively work together to

03:07arrive at the new development uh

03:10happening in Brockton. So I just nothing

03:13is happening right now. Um, but as we

03:15continue to look at what could be, um, I

03:18know we're going to ask maybe for

03:21applicants coming before you that maybe

03:23ask for variances on other items and so

03:25forth. So, just want to say thank you

03:27for being a partner in creatively

03:29thinking about how we can get uh, the

03:32business of advancing Brockton done

03:33together.

03:36>> Thank you.

03:38I think we're all on board with you.

03:40We're here to assist the city of

03:42Brockton.

03:44Thank you,

03:46>> Kyle. You uh

03:49agenda item number one, the NOI has been

03:51withdrawn, correct?

03:52>> Uh yeah, and this is just an kind of an

03:54announcement. Uh so this was withdrawn

03:57at the applicant's request. We added it

03:58to the agenda just so if anyone were,

04:00you know, covering this from u meeting

04:03minutes or agenda to agenda that they're

04:04aware that this was withdrawn at the

04:06applicant's request. There's no vote or

04:07anything required here. Just more of a

04:09public service announcement.

04:11>> Okay. Thank you. Uh, agenda item number

04:13two, utility notices, is the Brockton

04:16sewer system rehabilitation project.

04:19>> Uh, yeah, I've got a couple people here

04:21with uh, CDM Smith that I'm going to

04:23promote to talk to you briefly about uh,

04:25this sewer rehabilitation project. Um,

04:29I'm going to promote Chad Kershaw and

04:32uh, Magdalina Lost.

04:47Good evening all. Can Can everyone hear

04:49me?

04:50>> Yes.

04:51>> Yes.

04:52>> All right. Awesome. Let me share my Oh,

04:56am I allowed to share my screen?

04:59>> Um, yes. If you have trouble, let me

05:00know and I'll see what I can do on my

05:02end.

05:02>> Okay. I just sent the request.

05:05>> Okay.

05:16All right, awesome. Thanks,

05:18>> perfect, perfect. Yeah, good evening

05:21all. It's nice to see everyone again.

05:23Um, my name is Chad Kershaw. I'm a

05:26project manager with CDM Smith. Then

05:28also on the call is is Maggie Alstead

05:31who's our senior wetland scientist. Um,

05:34I'll just give a brief project

05:36background,

05:38um, project summary, and then Maggie can

05:40discuss the the hopefully project

05:43exemption and answer any questions that

05:45that, um, the commission may have. So,

05:48this this is a project for DPW. It's

05:51part of their II remediation program and

05:54and basically you know in the northeast

05:57all communities with sewer systems they

06:00they battle II um which stands for

06:03infiltration and inflow. Um infiltration

06:06is clean water which is typically

06:08groundwater which enters the sewer

06:10system through defects you know cracks,

06:13breaks, separated joints in the sewer

06:15mains in the sewer manholes and in sewer

06:18services. Um, so infiltration because

06:21it's groundwater induced, it it's coming

06:24into the system 24 hours a day, seven

06:26days a week, potentially 365 days a

06:29year. Um and then inflow is is clean

06:32water which is typically uh rain water

06:34which enters the sewer system through

06:36illegal connections um such as the catch

06:39basin in a roadway or on the private

06:41side maybe a subpump connection in your

06:44basement uh roof leaders tied to your

06:46sewer service foundation drains things

06:48like that. Um and this just causes a lot

06:52of issues for the DPW. Um it it could

06:55cause an exceedence in their discharge

06:57permit at the wastewater plant. um it

07:00results in higher maintenance costs at

07:02the wastewater plant and at their

07:03pumping stations and um kind of the

07:06worst case scenario is during large

07:09rainfall events um such as the one we

07:11had last month, it could be a potential

07:14overt taxing of the sewer system, which

07:16can lead to what we call a sanitary

07:18sewer overflow. So that that's a

07:20basement backup um or potentially sewage

07:23coming out of the ground. You know, it's

07:26things that we want to avoid at all

07:27costs. Um, and just to kind of put

07:30things in perspective, in Broxen's case,

07:32because it's an old system, um, mostly

07:35clay pipe, on an annual average, half of

07:39the the sewage that the treatment plant

07:42sees is sewage and the other half is is

07:46clean water. So, it's roughly 50/50. Um

07:50certainly in the summer months it it's a

07:52much higher percentage of sewage, but in

07:54the spring months when you have a high

07:56ground water and those big rainfall

07:57events, the majority of the water that

07:59they're treating is is clean water. Um

08:03so the city back in 2017, they started

08:06this II remediation program where they

08:09break their sewer system into these 72

08:13sub areas that I'm sharing on my screen.

08:15Um, it just makes it a more manageable

08:18area to investigate and and through flow

08:21meters that are put in the ground, we

08:23can determine how much infiltration and

08:25inflow is coming from each sub area. And

08:28then the city identifies those worst sub

08:30areas for rehabilitation.

08:33Um and and rehabilitation is essentially

08:37uh fixing the sewer mains through

08:39trenchless installations or fixing the

08:41manholes to make them watertight and to

08:44reduce that that infiltration um and

08:46inflow.

08:49So um they started in 2022 with phase

08:52one. They've they've done a phase

08:54through a rehab every year. So we're

08:56presenting on phase five um tonight. So

09:00phase five focuses on um three sub areas

09:05that are highlighted on my screen. Sub

09:07area two um which is between Pearl

09:10Street and Route 24 kind of north of

09:12Pleasant Street. um sub area 26 which is

09:16like in the west Chestnut Street, Campo

09:19Street area and then sub area 35 which

09:23is um the north part of the city just

09:26west of North Main Street uh north of

09:29Oak Street and south of south of Avon.

09:33So

09:34the majority of the work that we are

09:37proposing as part of this rehab and and

09:39similar to previous phases is what we

09:41call cured in place pipelining.

09:44It's um it's a trenchless rehabilitation

09:48where a liner is put into the sewer

09:52system. It's a felt material. It's it's

09:55soaked in a resin and then it's it's

09:58cured via steam or hot water. and

10:02essentially just creates a new pipe

10:03within that old pipe. Um, so it's it

10:07becomes a new watertight pipe. It

10:09becomes a new structural solution. So it

10:11it's essentially

10:14uh you know taking a pipe which is

10:16probably past its useful life and and

10:18adding 50 60 years to it. And as I

10:21previously mentioned, the best part is

10:22it's it's a trenchless install. There's

10:24there's no digging as part of this work.

10:27Um, so that's the majority of the work.

10:30And between these three sub areas, it's

10:31about five miles of um cured in place

10:35pipelining that we're recommending.

10:42Scroll down here.

10:45So, this is sub area 2, the one in the

10:47northwest corner of the city. Um, it's

10:50probably hard to see, but just to give

10:53you an idea, um, the the the green pipes

10:57and green manholes just represent

10:58existing sewer pipes and manholes in the

11:01sewer system.

11:03Uh, the pipes that are highlighted in

11:05blue are recommended for that cured in

11:07place pipelining. And then the pipes

11:09recommended uh or highlighted in yellow

11:12are recommended for what we call heavy

11:13cleaning where they have to just put a

11:16jitter in the sewer system and clean it

11:18out first. Um and then a cured in place

11:21pipelining to follow uh right after

11:23that. Um so just to give you an idea you

11:26know like all all the works happening in

11:29streets for this sub area 2. Um if I if

11:33I go down to the next sub area 26

11:37again it's a lot of blue and yellow

11:39which just means we're cured in place

11:41pipelining these sewer mains. Um

11:45it looks like all of them occur in city

11:47streets

11:49except there's a couple reaches here

11:51just off of West Chestnut um that we're

11:55hoping to line

11:57as this sewer pipe ties into this this

11:59uh cross country interceptor which runs

12:02west to east um along along the page.

12:08And then sub area 35 a lot more blue and

12:11yellow. Um this is the North Main Street

12:13area where we're recommending um cured

12:15in place pipelining in heavy cleaning

12:18with with follow-up cured inplace

12:20pipelining.

12:21And I believe all of that work is again

12:24in in existing streets.

12:31Um and then in addition to the curl

12:33place pipelining, we we're also

12:35recommending um some manhole

12:37rehabilitation.

12:40It's It's not exactly shown on this map,

12:42but if I

12:45flip to this map, um the manholes that

12:48are highlighted in red, we're

12:50recommending for some type of rehab. Um

12:53in most cases, it's just opening up the

12:56frame and cover, going inside, and just

12:59installing a cement liner on the inside

13:02walls of the manholes to make it

13:03watertight. Um, I believe there's about

13:0635 to 40 manholes where we're

13:08recommending cement lining. Again,

13:10that's that's a trenchless uh

13:12installation. It's it's done all inside

13:14the manhole. Uh, but there are, I

13:17believe, five manholes, framing covers

13:20that we're recommending for replacement.

13:22You know, the framing cover is cracked.

13:24It's in the road. Um, maybe a snow plow

13:28hit it over the years or something like

13:29that. So, it needs to be replaced and

13:31and made watertight. And then there's

13:33about six or seven manholes that are

13:35buried underneath pavement um that need

13:39to be essentially dug up and then reset

13:42just at a higher elevation so they're

13:44they're level with the uh the ground

13:46surface. So in those cases the for like

13:49the 12 or 13 manholes that we need to do

13:51frame and cover work, there is some

13:53minor excavation um probably 12 to 8 18

13:57inches down just to to get the frame and

14:00cover out of the asphalt and and

14:02replace.

14:06But that you know that's that's that's

14:08the project. Um, oh, one thing I forgot

14:10to mention is there there are two

14:13reaches where we're recommending for

14:15what we call chemical root control. In

14:18those cases, um, we're not recommending

14:22the pipes for for lining because

14:24structurally they're sound and there's

14:25no infiltration, but we notice that

14:28there's fine roots that have entered um

14:31the sewer pipes through through uh

14:34through joints. So, for those for those

14:37two reaches, what we're recommending is

14:39a uh it's like a foaming um

14:45I don't know exactly what it is, some

14:47type of herbicide, foaming herbicide

14:49that's just sprayed in the pipe and it's

14:51just it rests on the roots and it will

14:54um slowly kill the root that's inside

14:56the sewer pipe and then we'll come

14:58through uh with the cleaning equipment

15:00and it will um it'll remove the roots

15:03because if if a cleaning company came in

15:06and just cut the roots out, it's not

15:08going to take long for the roots to come

15:10back and grow again. So, by putting this

15:12herbicide in there, um, you know, it it

15:16essentially kills the root and then we

15:17cut it out and it's, you know, it

15:20eventually will come back, but it'll

15:21take much longer than if we just cut it

15:23without any kind of treatment. Um, it's

15:26a very small aspect of the project. It's

15:28it's just two reaches as I mentioned.

15:34But that's that's it. Maggie, is there

15:37anything I missed?

15:39>> No, no, thank you for that. I think that

15:40that was great. Um so the reason for uh

15:44us providing this written notification

15:46is because it's because the city is

15:48seeking u state revolving funding from

15:50mass D and um you [clears throat] know

15:54some of the um work although it's within

15:57existing streets and parking lots uh is

16:00within the 100t buffer zone but as Chad

16:03mentioned there's very very uh few

16:06manholes where there will be some

16:07excavation. Um there's an exemption in

16:10the Mass Wetlands Protection Act as well

16:12as in the regulations um that allows for

16:15maintenance uh repair or replacement of

16:19public uh utilities. So, we're um

16:22seeking that exemption from from the

16:24commission and um the uh mass DPSRF

16:29program has sort of been requesting us

16:32to um get um written confirmation from

16:35the conservation commission that our

16:37project meets this exemption. So, that's

16:39what we're looking for.

16:42Um I think that's all we have for

16:44presentation. So, any questions?

16:49U Maggie and Chad. Thank you, Kyle.

16:52>> Um I don't really have anything to add.

16:54I you know, I'll echo what Magdalena

16:56just said that, you know, I I agree that

16:58this does meet that exemption. Um which

17:00basically states that um activities

17:03conducted to maintain, replace or

17:05repair, but not substantially change or

17:07enlarge an existing and lawfully located

17:09structure or facility used in the

17:11service of the public uh and used to

17:13provide gas, electric, water, in this

17:15case, sewer, and there's more. um

17:18basically doesn't need to to file a

17:19notice of intent. So um I agree with

17:22them uh that that this qualifies as

17:24exempt work. Um so my recommendation

17:26would be that the commission, you know,

17:28uh issue a letter stating that the

17:31project meets that exemption and u I can

17:34send that off.

17:38>> Commissioners, any questions?

17:43>> No. Uh Kyle, do we need a vote on this?

17:46>> Uh you may as well. We'll have it in the

17:47minutes and I'll uh I'll draft the

17:48letter for you.

17:50>> Okay. I'm looking for a motion to

17:53approve Kyle to write a letter of

17:55approval.

17:58>> Thank you very much.

18:01I make a motion to uh

18:05issue the uh letter of approval for the

18:06Boston system rehabilitation project.

18:10>> I second that.

18:11>> Uh motion has been made and seconded for

18:13approval. Uh roll call vote, please.

18:16Leon I

18:18>> green I

18:20>> map I

18:25>> Talbot I

18:29>> I did see Ruby.

18:32>> Oh, is Ruby here?

18:36>> Did you guys hear me?

18:38>> We can hear you now.

18:39>> Oh, okay. Yes, I said I play I

18:43>> that goes through and passes. Thank you

18:45guys.

18:47>> I appreciate it.

18:48>> Thank you.

18:48>> Thank you everyone.

18:52>> Commissioners on item agenda number

18:53three, which is 97 AM Street. It's a

18:56transformer replacement.

18:59>> Um yeah, and I don't think anyone is

19:00here from uh National Grid to talk about

19:04this, but it's a very similar type of uh

19:06of of of ask. Um the the app well

19:10National Grid is not looking for a

19:11letter from the commission. This is more

19:12just a utility notice, but um there is a

19:15substation an electrical substation at

19:1797 Ames Street um and the transformer

19:20the existing transformer there needs to

19:22be replaced. Um so this is just a letter

19:24to the commission. It's in the file

19:26under 97 AS basically saying that they

19:29plan on you know replacing this

19:30transformer. Um, and it's just kind of a

19:33courtesy notice. And they also fall

19:34under the the same exemption, uh, the

19:36same language that we referenced in the

19:38in the last agenda item for the sewer

19:40system replacement, but in this case,

19:41it's for an electrical substation.

19:45>> So, since this is exempt cow, we don't

19:47need a voter.

19:47>> Yeah, there's no there's no vote or

19:49anything here. It's just a so you are

19:50all aware, so the public is aware. Um,

19:53and if you guys want to get more

19:54information about what's being proposed

19:56here, um, it's in the public Google

19:58Drive file, uh, maintained by the

20:00planning department under the

20:01Conservation Commission page. Um, and

20:03you can just navigate and find 97 AM

20:05Street there and there's a letter, um,

20:08that that they just submitted earlier

20:10this month.

20:12>> Commissioners, any questions?

20:14>> No, thank you.

20:16>> Okay. Uh, agenda item number four is an

20:19RDA for 32 North Aliden Street.

20:31>> Kyle, I think you're muted. Thanks,

20:33Justin. Is there anyone in the attendees

20:35list uh here to speak to 32 North Leaden

20:38Street?

20:42>> Uh, please raise your hand if you are.

20:45Um, I don't see it. There's not a ton of

20:47names in the attendees list, so I can

20:49talk about this. Um, let's see here. Um,

20:54okay. So, uh, this RDA is, uh, for an

20:59inkind porch replacement, and we've done

21:01a few of these, uh, through the years.

21:04Um, this property, uh, falls within the

21:07flood plane, and, uh, you know, or in

21:11the context of the commission, it's

21:12bordering land subject to flooding. Um

21:15the big concern with construction within

21:18bordering land subject to flooding is

21:19that we don't want to change the flood

21:21storage capacity of of that resource

21:23area. So, um, historically when we've

21:27had porches, uh, patios being rebuilt,

21:30um, within the flood plane, we've

21:33allowed applicants to file an RDA and

21:36get a a determination allowing them to

21:38proceed, uh, if the work is inind,

21:41meaning they are replacing it with

21:43within the same footprint. They're not

21:45adding any volume or any extra addition.

21:48It's just, you know, might be a

21:50foundational issue. uh might be just the

21:52the the deck or the railings or

21:55whatever, but they're just replacing a

21:57railing with another railing, same

21:58location. Um and that's what's being

22:00proposed here at 32 North Leaden Street.

22:02Um I've got a couple photos I can share

22:04with you uh when I went out to the site

22:06a couple weeks ago. So I'll do that real

22:08quick here if that's all right.

22:15Um

22:16and so this is the the property here at

22:1832 North Leaden Street. I was hoping

22:21someone would be on the call tonight

22:22because I don't know the exact extent of

22:24what they're proposing if it's just like

22:26the stairway out in front or if it's the

22:29entire kind of covered patio. Um, and

22:33that's not really clear in the

22:34narrative. So, I was hoping for some

22:36clarification there. Um, here are just

22:39some more photos uh of the property. And

22:42then again, you can kind of see that

22:43that patio kind of uh is is this portion

22:47of the of the build there. So, um,

22:51outside of the flood zone, uh, this is

22:53250 ft away from the nearest wetland.

22:56So, we're really just looking at, um, at

22:58that BLSF. Um, and I think this is

23:02something that the commission could

23:03approve. Um, historically, when we've

23:05done this, uh, we've issued two

23:07determinations. Uh the first one would

23:09be a positive 2B determination stating

23:12that we are not confirming um the

23:16resource areas that are shown on the map

23:18provided. In this case, that would be uh

23:20the bordering land subject to flooding

23:22and bordering vegetated wetland. Uh in

23:24addition to the positive 2B

23:26determination, I would also recommend um

23:28that the commission issue a negative

23:30three determination uh which states

23:32effectively that a notice of intent is

23:34not necessary uh subject to the

23:37following conditions.

23:39And when we've permitted things like

23:40this in the past, uh we have had a

23:43special condition requiring that, you

23:45know, post construction photos be

23:48submitted to the commission so we can

23:50ensure that what was done uh was in the

23:54same effective footprint uh as what was

23:57there before what we're looking at

23:59today. So, um, again, I was hoping for

24:02some clarification from the applicant as

24:03to the exact extent, but, um, I don't

24:07know that that's necessary that we know

24:09that information. If it is replaced in

24:11kind and we do get those photos

24:13submitted after the construction is

24:15completed, uh, we can, you know, confirm

24:17at that point that they didn't expand

24:19the scope of the replacement. And

24:21that's, I think, what we were mostly

24:23looking at when we've looked at this

24:24historically. Um, any questions for me?

24:30Go ahead, Jayce.

24:32>> So, you don't need any plans or anything

24:33like that. Just a verbal discussion of

24:36what the plans will be. You don't need

24:38any

24:39>> Right. So,

24:40>> plans.

24:41>> So, and this is the the the line that

24:43the commission's kind of walked before

24:45because,

24:47you know, um oftentimes when when when

24:50people are applying for a building

24:52permit for this type of work, they don't

24:55have a site plan associated with that.

24:56they have the the the construction specs

24:58for the the buildout or or whatever

25:01they're doing. Uh but the site plan

25:03generally isn't something that they're

25:04needing to use to apply for that

25:06building permit. So this got flagged by

25:10me because it's in the bordering land

25:11subject to flooding. And you know this

25:14is Brockton. You know a lot of people

25:16that are trying to make these home

25:18improvements they don't have a lot of

25:20just spare you know cash. Uh so what the

25:23commission's done historically is allow

25:24them to submit um you know assuming that

25:28it is inind replacement. We've allowed

25:30submission of just like a uh an aerial

25:33view from Massmapper or Google Earth or

25:35whatever showing the location of the

25:37home and where the work is being

25:39proposed on that property. So this is

25:42right next to the roadway. Uh again it's

25:44very very far away from any other

25:46resource areas other than it just being

25:48within the flood plane. So, you know, we

25:50can continue. Uh, that's an option. If

25:52you want to get more information, have

25:53the applicant be here in November. Um,

25:56we can issue those determinations. Um,

26:00it's really kind of up to you if you

26:01think what we've got satisfies the

26:04commission as far as what you think is

26:06appropriate. But in the past, we haven't

26:08required a formal plans like a a like a

26:11site plan because that that's additional

26:13cost uh uh burden on the applicant. uh

26:16you know site plans you need to be put

26:18together stamped uh by either an

26:20engineer or a uh land surveyor and and

26:23that certainly drives up the cost of the

26:26application.

26:29>> Thank you.

26:31>> So ultimately we have two options. We

26:32either as a commission continue or we

26:35issue the two determinations which is a

26:37M a negative three and a positive 2B. Is

26:40that correct?

26:41>> Yeah. Yeah, that's correct. and and you

26:43know, I mean, it would be nice to get

26:46some clarification if it's just the

26:47stairs or the the rest of the patio

26:49here, but ultimately if it's replacing

26:51kind, I don't know that it matters a ton

26:54uh compared to what we've approved in

26:56the past. So, we can certainly get

26:58clarification uh when I issue this

27:01permit from the applicant and I can make

27:02a note of that in the file. Um, but if

27:05you're not comfortable issuing those,

27:07uh, determinations without that

27:09information, you're certainly well

27:11within your, you know, rights here to

27:13continue to the next month.

27:17>> Commissioners, what are we thinking?

27:20What's our thoughts? I think it would

27:23have been nice if the someone from the

27:26um, applicant the construction company

27:29were here, but

27:37I agree with that. But I also um I think

27:40I'm also not think I am okay with

27:43issuing the negative3 and positive um

27:48is it negative I'm sorry negative3 and

27:50positive

27:51>> 2. Yes.

27:53>> 2B. Okay.

27:57>> Positive 2B

27:59with Kyle um informing them,

28:02[clears throat] you know, like to see

28:03their plans before they go forward.

28:16I mean, we also have that special

28:17condition too that you wanted to add in

28:19tile so that we can we can include the

28:21photo after construction as well.

28:23>> Yeah. And you know, you can we we're not

28:26limited just to that request for photos,

28:27you know, you can add other conditions.

28:29So, if you want the applicant to clarify

28:32the exact scope of the incind porch

28:35placement before construction begins and

28:38have them submit that information to us,

28:39that can be included as a special

28:41condition, a special condition as well.

28:44That might be a good way to kind of, you

28:46know, thread the needle here and get

28:48best of both worlds and we can just kind

28:49of move forward with the issuance

28:51tonight.

28:52>> Certainly.

28:53>> Yeah, I think that makes sense.

28:58>> Okay. So, I'm looking for a motion to uh

29:02I guess approve the RDA with for a

29:05negative three and a positive 2B

29:07determination with the stipulations

29:10stated by Kyle, Leon, and the rest of

29:12the commissioners.

29:23>> We doing those together or we doing

29:24those separate, Kyle? Um it can all be

29:27one motion. Um so so effectively what

29:30you're doing is so the the RDA is a

29:32request for determination of

29:34applicability and uh when the commission

29:36is is issuing a determination which is

29:39what we're doing today. There are

29:40several different types of

29:42determinations that that can be issued.

29:45So we're selecting two of the you know

29:47proposed or whatever that 10 that are

29:49available. So, we will be issuing a

29:51negative three determination um

29:54requiring photos of the the post

29:56construction work and uh a letter

29:58clarifying the scope of the porch

30:00replacement.

30:02>> And this is inind, but we're just we

30:05want to know exactly how much is being

30:06replaced. Then the positive 2B would be

30:09that we're not confirming uh the

30:11resource boundaries for bordering lands

30:13subject to flooding or bordering

30:14vegetated wetland. Okay.

30:20So I make the motion then to issue the

30:23um RDA for 32 North Lenon Street with

30:25the positive 2B determination the

30:28negative three determination with those

30:30special conditions about the um

30:32[clears throat] letter before the work

30:33confirming the exact scope of the inind

30:36placement and the submitt of submission

30:38of the post construction photos to the

30:40commission.

30:43>> A second. Thank you Lily.

30:46A motion has been made and seconded. Can

30:48I have a roll call vote, please?

30:51>> Clay, I

30:56>> Matt I,

30:57>> Boris I,

30:58>> and Tal I. That motion carries.

31:02Uh, next is new filings. Uh, number five

31:06is a certificate of compliance for 99

31:08Alga Street.

31:10>> Yeah, I'll see if anyone's here to speak

31:12to this. Um,

31:14I don't see anybody. So, this is a

31:18application that's been put in by JK

31:19Holgrram Engineering. Uh, there's a

31:22little bit of history. I'll pull some

31:23photos to share with you. Um, 99 Alger

31:26Street, uh, they started a septic

31:28replacement a couple years ago. Uh, and,

31:31uh, it's within the buffer zone to a

31:34little pond in the back of the property.

31:36And, uh, they they they began that work,

31:39uh, without filing a notice of intent

31:41with the commission. Um, so I think

31:43there was either a notice of violation

31:44or an enforcement order issued requiring

31:47an after the fact notice of intent. Uh,

31:49they did that. Uh, and the commission

31:51issued an order of conditions. Uh, and

31:53so now they're looking just to wrap that

31:54that order up. Uh, when we issued the

31:58order of conditions, the the septic

32:01system was already installed. It just

32:02hadn't been backfilled. Um, so the work

32:05is is now complete. Uh, and they're

32:07looking for uh that certificate of

32:09compliance.

32:11Um, so I went out to the site uh

32:14yesterday. Um, let me pull up some

32:17photos to share with you.

32:26>> Um, so you know, uh, this is the home

32:29here. They've I think they're selling

32:31it. Um, so they've added some new

32:32asphalt here. Uh, the septic system was

32:35on the opposite side of the structure

32:36from where we're looking at it now.

32:37>> Oh, I don't think you're sharing. Oh,

32:40thank you for letting me know. Let me

32:42try that again.

32:44All right. How about now?

32:47>> Yes.

32:47>> Okay, great. So, here's the home. The

32:49subject system is on the opposite side

32:51of the structure that we're looking at

32:52now. Um they've just recently done some

32:54asphalt work out um in front of the

32:56house here. Um I'll pull up the site

32:59plan here, too. The the the resource

33:00area is back behind these trees. So, um

33:04we're the the 100 foot buffer zone kind

33:06of cuts right in front of the home here.

33:08So anyway, um so this is where the

33:11septic system was installed and you can

33:13see the the ventilation ports here. Um

33:16and the the resource pond, the resource

33:18area is back over this way. Uh when I

33:21was out on the site, you know, one of

33:24the conditions is conservation markers.

33:26And these are the the markers that were

33:28installed. These are, you know, an older

33:30type of marker that we uh used to allow.

33:34Um, and

33:36the verbiage in the uh

33:42the order of conditions doesn't specify,

33:44you know, we we've kind of changed the

33:45the language that we include um in more

33:49recent orders of conditions uh that

33:51specify it's, you know, conservation

33:55markers in of a design approved by the

33:57commission to kind of give us some some

33:58leeway. That language is not in there.

34:01So, you know, whether we want to, you

34:03know, require them to change the type of

34:05markers is one question for you all

34:07tonight. Um, here's just another shot of

34:10the home here and the septic systems

34:12right here. I'm going to kind of skip

34:14through a couple of these photos. So,

34:15here's all the erosion controls that

34:17that are just piled up here. So, all

34:19this obviously needs to be removed. You

34:21can see a few of these markers kind of

34:23along uh this kind of rock uh boundary

34:27here. Um, this fence was pre-existing.

34:30Um, and I think, you know, I didn't have

34:32a chance to go back and review the

34:34actual video footage of the meeting

34:36where we discussed all of this, but um,

34:39I don't think that the the markers are

34:41kind of in the location that was the

34:44intent of the commission. So, I'll kind

34:46of show you what I mean here in a

34:47moment, but um, there's a lot of trash

34:50back here as well. Uh, here's just more

34:52of that that sock. Um, so that first

34:57photo that I took with the the piled up

34:58erosion controls was kind of back in

35:00this corner. It's kind of hard to see

35:01here, but the erosion controls kind of

35:03follow the green sock down this way and

35:06then up here. And there's one marker

35:09here. It's kind of in the middle of the

35:10lawn. So, I'm not sure why that's there.

35:13The language in the order of conditions

35:14said, you know, conservation markers

35:18every 25 or 35 feet along the 35 foot

35:22buffer to the bank of the pond back

35:25here. And I think the intent there was

35:27that we didn't want the markers in the

35:29middle of the lawn, but 25 foot, which

35:32is normally where we have those markers,

35:33is like well beyond the the the the

35:35pre-existing wooded lot line. So, I

35:38think the intent was to put conservation

35:40markers up at the extent of the existing

35:42lawn. Um, and and you know, we didn't

35:46necessarily clarify that in the order of

35:47conditions. So, there was some ambiguity

35:49there. Um, I'll I'll pull up the site

35:51plan so you can kind of get an idea of

35:52where these markers actually are on the

35:54full layout, but it certainly doesn't go

35:56around the entire like boundary of that

35:58of that pond area.

36:01So, um, they've also done some, you

36:03know, receding and maybe some grading in

36:04the back, uh, of the lawn, but this this

36:07all, as far as I've been able to tell,

36:09uh, this was already like kind of a lawn

36:11area before. They've just added some lom

36:13and and they've receded it back here.

36:16So, I guess that's it for the photos for

36:18now. I'm going to pull up the site plan

36:20uh, real quick uh, that was submitted

36:22with the uh, request for the certificate

36:24of compliance.

36:27So, this is the asbuilt

36:37Maybe.

36:48>> Okay. So, um it's a long lot. Uh we saw

36:52the uh the home initially up here. Um,

36:55all that new like lommed area is is back

36:58behind the sheds over here. Um, and the

37:02the conservation markers kind of begin

37:04from this corner and they go about right

37:07here. Um, and they but they don't extend

37:10around the rest of the property, which I

37:12think was the intent of the commission.

37:13So, at this point, my recommendation

37:15would be to continue this uh until the

37:18November hearing to allow the rest of

37:21the conservation markers to be

37:22installed. And um I would also like the

37:26commission to weigh in on if we think

37:28the the markers that were utilized

37:30already are going to be sufficient or if

37:32we want them to use a different type of

37:34marker um

37:36or or or kind of what your thoughts are

37:38on that. Additionally, I didn't really

37:40have any good photos of this, but uh

37:42this wooded area that's around this this

37:44kind of pond back here, there's just all

37:47sorts of like debris and trash and stuff

37:49that, you know, should probably be

37:50cleaned up while they're back there and

37:53trying to sell the property. So, uh that

37:55would be my recommendation is that we

37:57continue this to allow the applicant

37:58opportunity to clean the site a little

38:00bit and add the additional markers. And

38:02then if the commission wants different

38:04types of markers, we can also convey

38:06that to the applicant after the meeting

38:08tonight.

38:10What is the distance from the um the the

38:12septic system to the pond?

38:14>> Uh it's over 50 feet. Um which is

38:18>> right here. The 50 foot buffer is is is

38:20this red line. Another thing that like

38:22>> I'm not thrilled about. I don't think

38:24this uh the limit of clearing uh that's

38:26depicted on this asbuilt actually

38:28reflects what's on the site. Um and

38:32obviously that that that that vegetation

38:35ends here uh doesn't continue on down.

38:38So like there are some things they could

38:40do to improve the asbelt as well, but

38:43you know um my my biggest concern was

38:45the uh the conservation markers.

38:50>> I I don't you think that I I personally

38:52believe they should be much more visible

38:53and taller? Um they don't seem to have

38:56>> the ones that we've the ones that we've

38:59um always approved that we've sent out,

39:04>> right? you know, and I think that that's

39:06certainly something that we can we can

39:07ask. I just want to, you know, clarify

39:09that that's kind of a newer thing that

39:11we've been requiring the last couple

39:13years. And I I think this was issued

39:15before we kind of

39:17>> set settled on that new standard. You

39:20know, doesn't mean we can't

39:21>> How tall are the ones that they have?

39:23>> They stick out of the the ground at

39:24least a foot and and they are painted,

39:26you know, orange uh with spray paint,

39:28but it's just a it's a it's a it's a

39:30rebar that's been pounded in the ground.

39:32There's just that cap on it that says

39:33>> Yeah. Rock and Conservation Commission,

39:35you know, limit of work.

39:37>> I can see those getting overgrown very

39:40quickly, personally.

39:41>> Yeah,

39:42>> especially if they're up against the

39:43wooded area. They're going to be

39:47>> easy. And it's was Mr. It was Homer,

39:50right, that was doing the this work.

39:52>> Yeah.

39:52>> I'm surprised he didn't suggest more,

39:57>> but that's my personal feeling.

40:01So, we could ask,

40:02>> couldn't we ask for the trash to be

40:04cleaned up as well?

40:05>> Yeah, I think so. I think that's

40:06appropriate.

40:08>> And then just continue.

40:09>> Uh, yeah, but I would like

40:10clarification. Are are is the commission

40:12okay with them utilizing that type of

40:15marker for the rest of this or would you

40:17like them to use like the newer the

40:19newer style that we're kind of looking

40:21at with it's more of a sign?

40:23>> Yeah, the newer style.

40:25>> I mean, I think we're trying to keep

40:27consistency now, right? So, I think we

40:29would like the newer sign. I mean,

40:31that's my opinion. And obviously,

40:32cleaning up the trash would be a big

40:34deal, too.

40:35>> Okay. And and we'll ask them to do the

40:37markers basically along the the existing

40:39limit of clearing

40:41>> to kind of the 35 ft is kind of a weird

40:44arbitrary like distance. Um,

40:47which is but that's what the language in

40:48the order of conditions states.

40:50>> So, below you see where the coupe is.

40:52>> Yeah. Is is that uncleared? I mean, you

40:54would still want it to continue down by

40:56the coupe. No.

40:57>> Yeah. Yeah. Right. like like like right

40:59now. Uh let me see if I can pull up an

41:01aerial real quick. Um

41:12>> so the pond's back here, right? Um the

41:15the the existing limit of clearing kind

41:17of meanders like this and it and it cuts

41:19back here. This area is the area that's

41:22been re loed and seated to grass. So

41:24there's just a bunch of stuff back here

41:25before. Yeah. Um, but I'm kind of

41:28thinking if we have them put the markers

41:29just basically along the the limit of

41:31clearing,

41:32>> um, that should be sufficient, but we

41:34want the new new style.

41:37>> Mhm.

41:37>> Okay.

41:43All right. Um, so yeah, I guess if

41:45there's no more discussion, um, we can

41:47continue this to next month and I'll

41:48convey that, uh, to the to the

41:50applicant.

41:52I move to continue 99 Alder Street to uh

41:56the November meeting.

41:58>> I'll second that.

41:59>> Second that.

42:00>> A motion has been made and seconded to

42:02continue the certificate of compliance

42:04for 99 Al Street to the November 18th

42:07meeting. I need a roll call vote,

42:08please.

42:16Yon I

42:18>> I

42:19>> play I

42:20>> map I

42:23>> and Talbot I that motion passes and be

42:25continued.

42:27Uh agenda item number six is a request

42:29for certificate compliance for zero

42:31Oakill way.

42:43Hi, Tracy. I've promoted you uh to kind

42:46of talk to the commission about this. Um

42:50Tracy's with MBL Land Management

42:55>> Land Development.

42:56>> Thank you. That was close.

42:57>> Yep.

43:01>> Um so, hi, good evening everyone. Tracy

43:03Dor with MBL here on behalf of Lou

43:06Tarantino

43:08of LJDE LLC for Zero Oak Hill. Um, so if

43:13you remember, I believe it was just at

43:14last month's hearing that we approved

43:16the order of conditions for the new site

43:18work at the site. So we're here tonight

43:21trying to uh essentially close out the

43:23original order of conditions. Um, as we

43:26had been, you know, putting that on hold

43:27so that we kept a a permit intact or

43:29active until the new one was issued. Um

43:32the original permit um was for what they

43:35called phase 1A of the project which was

43:38essentially the driveway and the culvert

43:40coming into the site, utilities coming

43:42into the site and two of the drainage

43:44basin. So that work was mostly done.

43:46They didn't pave the road coming in but

43:47all that new work um is going to get

43:49finished under the new order of

43:51conditions that was just issued. So

43:52really just seeking to close out the old

43:54order tonight.

44:00So I can I can share. I don't know if

44:01you guys need to see the original design

44:02plans or the asbuilt or have any

44:04questions.

44:06>> Could we see the site plans, please?

44:09>> You mean the the old uh from the old

44:12order of conditions choice? Is that what

44:14you're asking?

44:15>> Tracy, do you have those handy? I can

44:17dig them up if

44:18>> I do. I have the phase 1A plans if you

44:20want.

44:20>> Yeah. Great. Thank you.

44:32Are you able to see it now?

44:34>> Thank you.

44:35>> Yes.

44:35>> Okay. Um, so these were the plans. This

44:38is where uh the the Oakillway ends, I

44:41should say, and you come into the site.

44:42This is the Edson Brook. So there was a

44:45open bottom cover that was proposed.

44:47This was originally proposed to be a

44:49paved driveway under phase 1A with a

44:51gravel turnaround. Um these two storm

44:54water basins were part of phase 1A in

44:57the catch basins and manholes that drain

44:59to it as well as bringing the utilities

45:01into the site. Um this uh previous

45:06proposed building and parking area were

45:08part of like a phase 1B that was not

45:10under the current approval. So that was

45:12never done. And then I can show the

45:14asbuilt plan.

45:16>> Thank you.

45:19>> Pardon? And our north arrow is up in

45:20this which is different than the design

45:22plan. But this is where you let me go to

45:24the page before. This is where you come

45:26into the site. That's the culvert that

45:29they installed over the Edson Brook and

45:31the retaining walls. The driveway that

45:34was put in was just gravel. The paving

45:36of it was part of the new order of

45:37conditions. They didn't complete that

45:39under the previous.

45:41And then

45:43what they installed was just the gravel

45:45driveway, not really the full with the

45:47turnaround. These two basins were

45:50installed

45:51and we're utilizing them as part of that

45:53new development

45:56and then originally there was a little

45:57bit of flood storage lost for the um the

46:00basins, one of the basins. So there was

46:02a compensatory storage area that was

46:03approved on the phase 1A and that was

46:05done. So all mitigation had already been

46:08done. Um and they did bring the sewer

46:11and the drainage I'm sorry sewer and the

46:13water into the site but they never

46:14brought in the gas and electric. So that

46:16will be done under the new order of

46:17conditions.

46:28>> Tracy, thank you. Um, commissioners, any

46:31questions?

46:37>> Kyle, I have a question. This just this

46:38just so we're on the same page. This is

46:39to approve the old order of conditions.

46:42Correct.

46:43>> It's to close out the

46:44>> close. Yeah, I'm sorry. Close on. Yes.

46:46>> Yeah. So, the idea was that we we knew

46:48there was this new project that we

46:49already approved, you know, last month,

46:51and we wanted there to kind of be a

46:52seamless transition, as Tracy said, as

46:54far as having an active permit the

46:56entire time, but then also, uh, when the

46:59applicant initially proposed this new

47:01order of conditions, uh, they also filed

47:03for that certificate, the certificate of

47:04compliance that we're looking at today

47:06at the same time. And uh I advise that

47:09we wait uh and close out that the the

47:11old order that we're looking at today

47:13till you know simultaneous or after we

47:16have already issued that new order. That

47:18way if there's any like design uh

47:21overlap that needs to happen so these

47:22things can work well together that we

47:24can kind of do that all at once. So

47:26PAR's already kind of looked at all of

47:27this. Uh this is more just you know uh

47:29kind of closing out the old order. Um,

47:32yeah. So, my recommendation would be

47:33that the commission issue a complete

47:35certificate of compliance for the old

47:37order of conditions for zero killway

47:40with the file number 1180724.

47:47Thanks, Kyle. Commissioners, questions

47:49motion.

47:55>> I have no questions.

47:59>> No questions. I'm sorry, Kyle. You said

48:01again it's a issue a condition. Is that

48:04what you said?

48:05>> Uh, issue a complete certificate of

48:07compliance.

48:08>> Complete certificate. Okay.

48:13>> What was the file number? 118

48:16>> 1180724.

48:25I move to uh issue a complete order of

48:29conditions

48:30for zero Oak Hill way parcel SE1180724

48:37>> Joyce Jessica if I you made a motion to

48:40do a certificate of compliance

48:43complete certificate of compliance

48:46>> COC isn't that what a COC is

48:47>> I think you said an order of conditions

48:50>> oh did I I'm sorry I meant a I'm sorry I

48:53meant certificate of compliance. Thank

48:55you.

48:57>> We knew what you were saying.

48:58>> Thanks. See, that's why I don't do this

49:00anymore. That's why you have that.

49:04>> I second that.

49:07>> A motion has been made and seconded to

49:10issue a certificate of compliance for

49:13Zero Oakill Way

49:15uh number SE118-0724.

49:19A roll call vote, please.

49:21>> Clay I. Leon I,

49:24>> Green I,

49:26>> Matt I,

49:27>> Horse I,

49:28>> and Talbert I. That motion carries or

49:30passes.

49:32>> Thank you.

49:34>> Thanks, Tracy.

49:36>> Thanks.

49:38>> Uh, next item on the agenda is a

49:40certificate of compliance for 325

49:43Thatcher Street.

49:46>> Um, yeah, and I don't think there's

49:48anyone here to talk about this either.

49:50So, we discussed this last month. Um,

49:54and this is another septic system

49:56replacement. Uh, last month, uh, the

49:58commission asked that the the corner

50:01conservation marker that, uh, originally

50:04was a wooden stake and then changed to a

50:05PVC. Uh, the commission asked that it be

50:08changed to that um, kind of, you know,

50:10like an aluminum signpost, which which

50:12has been done. So, I'll go ahead and

50:13share a photo uh, real quick with you

50:15all. Um, there's not much else to see

50:18here other than this post and and the

50:20the the marker. Um, so I think we're in

50:22good shape here and I would recommend

50:23that we issue the complete certificate

50:25of compliance. This was the one ask that

50:27we had at the at the meeting last month

50:30that the post be changed.

50:33All right.

50:35Any questions?

50:39No. All right. We're looking for a

50:40motion to uh

50:44I lost myself here. for a certificate of

50:46compliance for 325 Thatcher Street.

50:50>> I move to issue a certificate of

50:52compliance

50:53>> for 325 Thatcher Street.

50:55>> I second that motion.

50:57>> Motion has been made for a certificate

50:59of compliance for 325 Thatcher Street.

51:01Can I have a roll call vote, please?

51:04>> Clay I.

51:05>> Leo I.

51:08>> Matt I set

51:10>> in Tabana. The motion passes.

51:13Uh, next item on the agenda is an NOI

51:16for 159 Tory Street, also known as

51:19Thorny Lee.

51:25>> Uh, yeah. So, this is

51:28a a project uh out at Thorny Lee uh that

51:30that the commission sent out for a peer

51:32review. Um, so I promoted uh the

51:34applicant's representative, the

51:36applicant himself uh and then also uh

51:38Rihanna Summers with Weston and Samson

51:41who did the uh uh the peer review on

51:43behalf of the commission. So, um, you

51:46know, ultimately I think the, uh,

51:49Western Samson is recommending, uh, that

51:50the commission issue an order of

51:52conditions, but I'll defer to to Rihanna

51:54and Brian, uh, who are, uh, the

51:56commission's representative and the

51:57applicants representative to kind of

51:58talk through, uh, that, uh, and to

52:00answer any questions from the

52:02commission.

52:05>> Would you like me to start?

52:09>> Sure.

52:10>> Okay. Uh so thank you very much to

52:14reiterate uh Brian Madden from LEC

52:16Environmental Consultants.

52:18Um we introduced this project back on

52:21August 19th. This is to replace remove

52:25the deteriorating earth and berm cart

52:28path between two uh open water ponds uh

52:33with an elevated timber bridge. Um, we

52:36had described the project uh back in

52:39August and it was sent out for peer

52:42review. Uh, I met out there with the

52:45peer reviewer and Kyle in on September

52:4815th I believe. uh they had submitted a

52:52summary report

52:54uh Weston and Samson did and we had

52:57provided some responses provide some

52:59additional information uh including some

53:02updated plan showing the delineation of

53:05the bank within the vicinity of the site

53:07in addition to uh what was classified as

53:11a perennial stream leaving the ponded

53:14system. Basically, if you remember

53:16there's three intermittent streams that

53:18feed into this system. All three of

53:21those streams are intermittent. Uh but

53:23when they leave the uh southerntherly

53:26pond, they become perennial. So the 25-

53:29foot riverfront area u uh minimally

53:33extends into what we're proposing for

53:35the turtle nesting habitat area as

53:38mitigation uh tucked away from the

53:40project footprint in the golf hole

53:43itself. Um,

53:46but I'd be happy to turn it over to uh

53:49Weston and Samson um to elaborate.

53:55>> Yeah. Um, thanks Brian and hi everyone.

53:58Rihanna Summers from Weston and Samson.

54:01Um, as I usually do for the other

54:02projects, I have a couple slides. Um, if

54:05it's okay, I can share those. Um, just

54:09to kind of go through our comments.

54:12Um, so, um, I won't repeat everything

54:16that Brian's already said, but, um,

54:18essentially it's, um, pretty

54:19straightforward project, replacing a

54:22deteriorating earn burm and paved cart

54:25path, um, between two ponds. Um, so

54:28ultimately this will be replaced with an

54:30elevated timber cart path bridge. Um,

54:33and ultimately the project will be

54:35reducing imperous cover and creating

54:38actually more open water or lane

54:40underwater um, habitat.

54:43So, as Brian noted, we did a site visit

54:45with LEC um and Kyle um on September

54:4915th because it's a maintained golf

54:52course um that's obviously actively used

54:55um the original plans didn't have like

54:58wetland flags on them. So, one of our

55:01initial comments was just like in order

55:03to review the resource area boundaries,

55:04it would be helpful to go out to the

55:07site al together um you know establish

55:10the flags, review them and then so we

55:13did that and then the flags were all

55:14surveyed that same day. Um so a new plan

55:18was submitted um shortly after and that

55:21plan included the top of bank flags um

55:24for the ponds and also the streams. Um

55:29and then we had two rounds of review.

55:32The first round was submitted on October

55:341st and then the second um letter was

55:37submitted on October 8th. Um

55:41as I noted during the site visit, um the

55:44inland bank flags were established. Um

55:46as Brian mentioned, uh there's four

55:49different streams. Three of them based

55:51on the stream USGS stream stats were

55:54small enough to be considered

55:55intermittent. and then one of them um

55:57leaving the southwest side of the um

56:00pond was perennial based on the

56:03watershed size. So the 25 ft riverfront

56:07area was added to the plans. Um and then

56:11one of our comments our comments were

56:12pretty minimal but one of them was um

56:15because there's now riverfront area on

56:17the site that those impacts should be

56:19quantified on like in the NOI and

56:22described. Um and of course the impacts

56:25to riverfront area are very minor. They

56:27just have to do with the construction of

56:30this mitigation feature um which would

56:32be the proposed turtle nesting area um

56:34next to the stream there. So those

56:37updates were made. Um we also had asked

56:40for just a little bit more information

56:42on some of the work that's proposed

56:43within the local 25 foot no touch zone.

56:46Um and obviously due to the nature of

56:48this project um impacts to the 25 foot

56:51no touch zone are unavoidable um just

56:54given the location of the path in

56:56between the two ponds. Um so the

56:58applicant provided some more information

57:01um clarified that there would be about

57:03160 square ft of impact to the 25 ft um

57:07no touch zone.

57:09So we felt that comment was um

57:13satisfactorily addressed. And then um

57:16this is just a photo showing the top of

57:18bank flags that were established during

57:20that site visit back in September.

57:22Um and then I also just wanted to touch

57:24base on the D comments. There were a

57:26couple that were issued. One of them was

57:29just noting that there was a mapped

57:31wetland change area um identified in the

57:34vicinity of the driving range which is

57:36actually technically outside like pretty

57:38well outside of the project area. Um but

57:42during the site visit we actually looked

57:43at that. Um the applicant also provided

57:46some really helpful like historic

57:48imagery, aerial imagery um showing that

57:51there wasn't really any evidence at

57:52least that could be found of any

57:55unauthorized like filling or anything or

57:58or any historic wetlands or anything

58:00that were there. Um and we also looked

58:03at it in the field and couldn't find

58:04anything. So we felt that um we consider

58:08that comment adequately addressed. um

58:10obviously subject to the commission's

58:12discretion. Um the stream classification

58:16um we already kind of touched on just at

58:19um requesting that the riverfront area

58:21be added to the plans and impacts be

58:23quantified which was done in the latest

58:26submission. Um, another one of DP's

58:29comments was just noting that um the

58:32applicant is proposing this as a limited

58:34project under 10.533J

58:38um for construction of and construction

58:40and maintenance of foot bridges um

58:43provided that the structures are

58:44constructed on pilings or post so

58:46they're elevated and they can um they're

58:50reasonably unobstructed flowage of water

58:52um is allowed beneath and then adequate

58:55um light passage to maintain vegetation

58:58and DP's comment was basically just

59:00saying that it's ultimately up to the

59:02commission whether this can be approved

59:04as a limited project based on um the

59:07extent of alternatives that were

59:08assessed impact minimization making sure

59:11that construction BMPs are implemented

59:14appropriately. Um and our comment back

59:17was basically just that we agree that um

59:19the project appears to meet the criteria

59:22for this limited project provision. Um

59:26ultimately, of course, it's up to the

59:27commission's discretion, but um we felt

59:30that it was appropriate.

59:32Um and then the storm water review

59:34obviously was pretty limited um just

59:36given the nature of the project where

59:37they're removing impervious surface. Um

59:40but ultimately

59:43um we found that the applicable storm

59:44water standards were satisfied or

59:46appropriately addressed for

59:48redevelopment and that there's no new

59:50structural storm water treatment system

59:52proposed just due to the nature of the

59:54project where we're not adding any

59:56impervious surface. Um the comments were

59:59pretty minimal, but um the construction

1:00:01period, pollution prevention plan, and

1:00:03long-term operation and maintenance plan

1:00:06have been provided. And the only comment

1:00:09that James um the civil engineer had was

1:00:12he recommended that the illicit

1:00:14discharge statement um should be signed

1:00:17sometime prior to construction. I think

1:00:19that was like his only real um comment.

1:00:23And then after that um like I said, we

1:00:26feel that all of our comments have been

1:00:27adequately addressed. Um, we did include

1:00:31a few recommended special conditions for

1:00:33the commission's consideration in our

1:00:36most recent letter from October 8th. Um,

1:00:38and I just I kind of more formally wrote

1:00:41them out in the letter, but just try to

1:00:42summarize them here. Um, but many of

1:00:45these were discussed kind of on our site

1:00:47visit. Um but one of them was that we

1:00:50recommended that um the contractor

1:00:53should be required to maintain an

1:00:54additional like supply of filter bags

1:00:57during the dewatering. Um they can fill

1:00:59up pretty easily and get kind of clogged

1:01:01with silt, so it's just helpful to have

1:01:03an extra supply on hand. Um and then of

1:01:07course we recommend turbidity monitoring

1:01:09during the um temporary bypass

1:01:12discharge. And then if any turbidity is

1:01:15observed during the dewatering obviously

1:01:17that um [clears throat] the bypass

1:01:20operation should be suspended and the

1:01:22BMP should be changed or corrected um to

1:01:25make sure there's no turbidity being

1:01:27discharged. Um, and then one of our

1:01:30other recommendations was that the water

1:01:32depths and field conditions should be

1:01:34verified before installing the temporary

1:01:37sheet piling or other coffer dam

1:01:39structures.

1:01:40And then um we also recommended that um

1:01:44and I think we discussed this on our

1:01:45site visit too, but we recommend that um

1:01:49temporary sheet piling be prioritized

1:01:51over sandbag dams um just because it's

1:01:54typically a little bit more effective um

1:01:56and minimizing disturbance and also

1:01:58minimizing sediment um migration.

1:02:02And then as I noted um we recommended

1:02:04that an elicit discharge statement

1:02:06should be signed and provided to the co

1:02:08commission prior to construction. Um and

1:02:12then the only other thing was um the wet

1:02:15there are BBW on site that um the

1:02:18applicant acknowledged in their

1:02:19application but because the limits of

1:02:22the wetlands are further out from the

1:02:24ponds and further away from the limits

1:02:25of work there was no formal delineation

1:02:28of the BBW on site. So, we just

1:02:32recommend um that the commission include

1:02:35a finding in the order that clarifies

1:02:37that there are BBW on site, but they

1:02:40haven't been formally reviewed or

1:02:41delineated as part of this project. Um

1:02:44so, the order of conditions isn't um

1:02:47basically approving any specific wetland

1:02:49boundaries. It's just acknowledging that

1:02:51they're there.

1:02:53Um and I think that was all I had, but

1:02:56I'm happy to answer any questions if

1:02:58there are any.

1:03:02Thank you.

1:03:04Uh Kyle,

1:03:06>> uh yeah, I've just got a couple

1:03:07questions and I'm not sure if Brian or

1:03:09Ariana would be best equipped to answer

1:03:10these. So I guess either of you please

1:03:12uh jump in. Um I'm going to I'm going to

1:03:15go ahead and share uh the most recent

1:03:17plan set that was submitted so we can

1:03:19kind of you know arm wave and and talk

1:03:21about different things. So give me a

1:03:22second. Let me share my screen. Um,

1:03:26so, uh, the first thing that I would

1:03:29like to do is, uh, is just kind of walk

1:03:31through, um, now that we have the the

1:03:33site plan pulled up, uh, walk through

1:03:35the mitigation that's that's proposed.

1:03:37So, um, obviously this is the the earth

1:03:39and the earth and burm that's going to

1:03:41be replaced. Um, we have, uh, erosion

1:03:44controls, uh, proposed along the the

1:03:48existing bank kind of where we'll we'll

1:03:51be accessing uh, the earth and burm,

1:03:53right? on here, here, on the other side

1:03:56there. Uh then we have the sheet piling,

1:03:59which is like like the magenta color

1:04:01that's going to kind of uh segment the

1:04:03the work area from uh the waterway. Um

1:04:07and that's the majority of the the

1:04:09mitigation that's that's

1:04:12around the the work area. Is that

1:04:14correct?

1:04:16>> Correct. Yeah. just uh also you know and

1:04:20this will field conditions will dictate

1:04:22this um based on like water levels but

1:04:25you know maybe there would be a need to

1:04:27install a silt curtain um upgrading of

1:04:31those weir boards that may be a good

1:04:33idea um again if you have adequate water

1:04:37depth um and then secondarily

1:04:41uh we have that proposed staging area

1:04:44that will be encircled by uh straw

1:04:46waddles as well uh to contain any you

1:04:50know equipment but also that's where we

1:04:52would be uh pumping any dewatering

1:04:56um with the filter bags.

1:04:58>> Okay, that was my another one of my

1:05:00questions was if there is dewatering

1:05:01necessary where would that be? So that

1:05:03would be in the proposed aging area.

1:05:05>> Okay. Uh, and then so

1:05:08Brian, uh,

1:05:11are you going to be on site like, uh,

1:05:13kind of monitoring this during the the

1:05:16actual construction or or or like what's

1:05:20who's going to be making that call if

1:05:22the turbidity curtain is necessary by

1:05:24the by the weir boards? Like that might

1:05:26be an additional special condition that

1:05:28the commission might want to uh have

1:05:30there that that that you know that an

1:05:32environmental scientist or someone be

1:05:35present at least while uh this is

1:05:37initially getting set up to make sure

1:05:39that these you know mitigation measures

1:05:42are are adequate uh for the work that's

1:05:45being done. Uh is that I I I just don't

1:05:48know what what your individual plan was

1:05:50Brian. Was someone from LEC going to be

1:05:52there or I mean that's obviously the

1:05:54commission can always do a a special

1:05:57condition to require monitoring and

1:05:59people to be present not just the

1:06:01contractor doing the work, right?

1:06:03>> Yeah. So I think we we would be able to

1:06:05review some of this during a

1:06:06pre-construction meeting and even after

1:06:09post installation if you want to meet

1:06:11out there we can review everything as

1:06:13well. I would certainly defer to the

1:06:15commission to their desire for level of

1:06:18monitoring, but you know, I'm sure the

1:06:20applicant would uh make um themselves

1:06:24and LEC available to perform that

1:06:26service just to make sure it's done

1:06:28correctly with no adverse effect to the

1:06:30surrounding and downgradient resource

1:06:32areas.

1:06:35>> All right, thank you. Um and I've got

1:06:36one final question. Um so we have the

1:06:39the proposed turtle nesting habitat,

1:06:40which is this square down here. Um, are

1:06:43there I I I was kind of looking through

1:06:44the rest of the notice of intent

1:06:45application. Is there like a detail

1:06:48sheet um that kind of talks about what

1:06:50will be done for that turtle nesting

1:06:52habitat. I I just don't know what work

1:06:54is required to

1:06:57uh to to to right now it's just kind of

1:06:59a maintain grass area. So like what are

1:07:02we going to do to to make that a turtle

1:07:04nesting habitat versus just a grass

1:07:06area? So do do you know what that

1:07:08entails?

1:07:10Yeah, good question and apologies I

1:07:12didn't provide any you know further

1:07:14elaboration but basically the existing

1:07:18um grass area and top soil would be

1:07:23removed

1:07:24which you know we have a square

1:07:27footprint here. It's going to be a

1:07:29little bit more field adjusted

1:07:31um to be reflective of on the ground

1:07:34conditions. Uh but that uh you know

1:07:37vegetated root material and the top soil

1:07:39would be removed. Uh presumably we would

1:07:43need to introduce some level of clean

1:07:45sand. Uh which you know this [snorts] is

1:07:47a golf course. Uh a lot of sand

1:07:50associated with the sand traps. We're

1:07:51basically creating a sand trap for the

1:07:54turtles to nest within outside of the

1:07:57course of play.

1:07:59>> So generally we be targeting about like

1:08:0112 to 18 inches of clean sand. And this

1:08:05would be almost like a depression.

1:08:07Um, so we have like a li outer lip. So

1:08:11we're not having any potential for

1:08:14erosion runoff into uh the adjacent

1:08:17stream. This is all a flat area right

1:08:20now. Uh but it will be like kind of

1:08:22concave to keep it contained

1:08:25and make sure it drains well uh

1:08:27vertically for infiltration.

1:08:32>> All right. Well, thank you. Um, so I I

1:08:34guess uh you know I I think that all the

1:08:36recommended social conditions that Won

1:08:38and Samson recommended are good and we

1:08:40should include all of those. Um, let's

1:08:43see. I guess I would maybe like to see

1:08:46uh

1:08:48you know I'm I'm still recommending that

1:08:49we issue the order of conditions tonight

1:08:51but I I think that like before

1:08:52construction um if we could get either a

1:08:55like a statement Brian or or a detail

1:08:58sheet about you know given that we're

1:09:01going to be kind of doing a lot of this

1:09:02design for the turtle habitat in the

1:09:05field. But just an overview of of what

1:09:07that looks like kind of just what you uh

1:09:09spoke about here to be submitted so we

1:09:11can add that to the file. Um, I would

1:09:13also recommend to the commission that uh

1:09:16we install some sort of signage around

1:09:18the turtle monitoring, sorry, the turtle

1:09:21habitat uh just so we don't confuse this

1:09:23sand pit for a sand trap at the golf

1:09:26course and make it very apparent that

1:09:28this is a habitat area that's that's set

1:09:30aside and not meant to be part of the

1:09:32the active use golf course. Um, but

1:09:35beyond that, I don't think additional

1:09:37conservation markers are necessary. you

1:09:39know, we are effectively making a bridge

1:09:42here. Um, so, you know, we want to kind

1:09:45of keep in mind that, you know, people

1:09:46are out here to play golf and it's part

1:09:49of that experience is is kind of getting

1:09:51lost in in in the nature. And I think

1:09:52having a a ton of signs by the entry and

1:09:55exit of that of that pathway would

1:09:59likely take away from that, but I think

1:10:00some signage over by the the nesting

1:10:02habitat uh would be appropriate.

1:10:06>> Yeah, that certainly makes sense. And um

1:10:09yeah, I mean where it's located, it's

1:10:11pretty tucked away from

1:10:13um you you'd be uh in real trouble if

1:10:16you were finding your golf ball.

1:10:17>> Yeah, I mean I I hear you, but I've got

1:10:19a pretty nasty slice, so like it can

1:10:21happen, you know.

1:10:26>> I have a quick question.

1:10:30>> Joyce,

1:10:30>> where where will the spoils go as you as

1:10:33you pull up the burm? where will you

1:10:36just put it right into trucks

1:10:38immediately or

1:10:40>> um I would presume you know this is a

1:10:42golf course there are like other areas

1:10:45where there's lom stock piles uh it

1:10:47would probably just be stored on site

1:10:49for pro for reuse

1:10:52>> and the and the um

1:10:55um the hard top

1:10:57>> yeah hard top would be disposed of

1:10:59offsite uh in accordance with you know

1:11:03local and state regulations

1:11:05And so will you do like removal build

1:11:08removal build in small pieces as you go

1:11:10along the way?

1:11:12>> Correct. Yeah, it will be sequentially

1:11:13built out because you want to use that

1:11:15top surface to excavate and then install

1:11:19the pilings. So it'll be done

1:11:20sequentially.

1:11:21>> How large are the pilings?

1:11:24>> Uh I think

1:11:27I'm forgetting. I can take a look, but

1:11:30um wondering if they're 8 in or 12 inch.

1:11:34I think they're 12 in. Hold on a quick

1:11:36second.

1:11:47See?

1:11:50>> Sorry, I'm just pulling up that plan.

1:11:52>> That's okay.

1:11:56>> Yeah. 12 inch diameter piling.

1:12:01>> Yeah, that's pretty big. Okay.

1:12:05Okay,

1:12:07>> Brian. So, just so I understand I

1:12:09understand the 12 just for future

1:12:10reference for myself in the future. How

1:12:12deep do these pylons go?

1:12:14>> Uh upwards of 25 ft potentially. Uh it's

1:12:19all dependent upon what material they

1:12:21hit. Um, it's pile driven. So, you know,

1:12:24they set it down to proper depth that

1:12:26it's not going to be shifting, that it's

1:12:29secure in place.

1:12:31>> Okay. And to propose off Kyle's bad

1:12:34slice, is the turtle habitat going on

1:12:37the water over the 18th fairway or is it

1:12:40coming back to the 17th green?

1:12:43>> Uh, going out towards the 18th fairway

1:12:46on the the far left. It's it is is

1:12:50really tucked in the corner um that you

1:12:54know you'd already be driving over the

1:12:57the bridge before you even noticed it.

1:13:00>> Okay.

1:13:04Commissioners, any questions?

1:13:07>> How long do you think it would take to

1:13:08go from to actually remove the old BM

1:13:11and get that get that constructed? I'm

1:13:13I'm just wondering about um you know

1:13:16silt and all of that kind of stuff.

1:13:20>> Yeah. You know I I they're anticipating

1:13:22the work to to go pretty quickly.

1:13:25Obviously what there's some weather um

1:13:27>> yeah that I'm sure the weather would

1:13:28make a difference. Yeah.

1:13:30>> But you know the the golf season's

1:13:32winding down. They are looking to get

1:13:34into this in November. Um you know I

1:13:38think it should only take a few weeks um

1:13:41if everything lines up correctly.

1:13:46Okay,

1:13:47>> I I've got another question. Um, if

1:13:50that's all right, Justin. Um, Rihanna

1:13:53and Brian, when we were out on the site,

1:13:54one of the things that we discussed, uh,

1:13:56when we're discuss, you know, when we're

1:13:58looking forward to the project and and

1:14:00we're talking about removal of the

1:14:01existing earth and burm, uh, one thing

1:14:03that we spoke about, uh, was how are we

1:14:06going to, uh, determine the the the

1:14:08appropriate grade or depth of

1:14:10excavation? Um, did we ever like come up

1:14:15with a an answer to that?

1:14:19>> Yeah, I think uh what we talked about

1:14:22was it would be fieldverified so we

1:14:25could, you know, once we start some of

1:14:27that work, I think it would be prudent

1:14:29to have a meeting just to confirm that

1:14:32all right, here's the elevation that

1:14:33we're targeting. Uh, here's how it's

1:14:36going to be consistently applied. you

1:14:38know, the surrounding mudline bottom

1:14:41substrate elevation is 117.

1:14:45Um, you know, it would be in that target

1:14:47range. There may be some a little bit

1:14:49slight variability across, but um I

1:14:53think that can all be fieldverified with

1:14:54a check-in.

1:14:56>> Okay. All right. That seems reasonable.

1:14:58I just didn't know if if if the two

1:15:00parties, not including me, had like had

1:15:03a discussion about that. But yeah, that

1:15:04that sounds okay. Thank you.

1:15:07Yeah, Kyle, that was kind of the

1:15:09intention. I know it's a little vague

1:15:11the way we wrote it, but that was kind

1:15:12of our intention with one of our

1:15:14recommended special conditions, too, was

1:15:15just that there should be basically an

1:15:17on-site meeting um in order to verify

1:15:20the depths before they kind of get

1:15:22started.

1:15:24>> Okay. Yeah. Great. Thank you.

1:15:31>> Any other questions?

1:15:38Rich, would you like to say anything?

1:15:40>> No, I just really appreciate your help.

1:15:42We're looking forward to this project

1:15:43and, you know, it's uh I appreciate all

1:15:47your help and and uh you know, I just

1:15:50want to thank the commission for

1:15:51considering it.

1:15:54>> Okay. Um, so commissioners, I think I'm

1:15:56looking for a

1:15:59motion to issue an order of conditions

1:16:02for 159 Tory Street.

1:16:05>> Could we just have one more review of

1:16:07what the special conditions will be,

1:16:09please?

1:16:15>> Sure. Uh, I'll I'll dive into this. So

1:16:19uh the first thing is that the

1:16:21commission is and and this will be not

1:16:24necessarily special condition. I also

1:16:25include when I issue an order of

1:16:26conditions I issue a findings section.

1:16:29So, in the finding section, uh, we're

1:16:32going to acknowledge that there are

1:16:33BVWs, uh, around the work site, but

1:16:37we're not confirming those boundaries,

1:16:39and those boundaries weren't really

1:16:41submitted for confirmation as part of

1:16:43this filing given that the work is

1:16:45exclusively within this open waterway,

1:16:48and we're really concerned about bank

1:16:50and land underwater rather than the the

1:16:52delineation of the surrounding BBW. Um,

1:16:54and then I'm going to dive into the the

1:16:56five special conditions that Won and

1:16:58Samson uh proposed. Um, so the first one

1:17:01is that uh the contractor shall maintain

1:17:03additional filter bags on site

1:17:04throughout the construction process um

1:17:07to allow for prompt replacement as

1:17:09needed um to maintain effective sediment

1:17:11and turbidity control. Uh number two, uh

1:17:14turbidity monitoring. All discharges

1:17:16associated with temporary water bypass

1:17:17system shall be monitored for turbid

1:17:19turbidity prior to discharge into the

1:17:21pond. Uh if visible turbidity is

1:17:24observed, discharge operation shall be

1:17:25immediately dispended until appropriate

1:17:27corrective measures have been

1:17:28implemented and the discharge is free of

1:17:31visible turbidity. Three,

1:17:33pre-installation field verification.

1:17:35Prior to the installation of temporary

1:17:37sheet piling or other coffer dam

1:17:39structures, a site visit shall be

1:17:41conducted to verify existing water

1:17:42depths and field conditions and confirm

1:17:44the suitability of the proposed

1:17:46installation methods for temporary

1:17:49coffer dam methods. The use of temporary

1:17:51sheet piling shall be prioritized over

1:17:52sandbag coffer dams where practicable to

1:17:55maintain oh sorry to minimize

1:17:56disturbance to wetland resource areas.

1:17:58Introduce the the potential for sediment

1:18:01mobilization during construction. Five

1:18:03elicit discharge statement prior to the

1:18:05commencement of construction activities.

1:18:07The applicant shall submit a signed

1:18:08elicit discharge statement prepared and

1:18:10signed by the project engineer uh to the

1:18:12conservation commission for its records.

1:18:13So those are the Weston and Samson

1:18:15recommendations. In addition to that, um

1:18:18I think that I would like to see the

1:18:20applicant provide uh you know details or

1:18:23a narrative describing how the uh the

1:18:26turbal hab nesting habitat will be

1:18:28constructed before the construction

1:18:30begins. Uh and then then I wanted to

1:18:33clarify the commission's expectations

1:18:35for signage. Uh and I think that it

1:18:37would be appropriate to have, you know,

1:18:39turtle nesting habitat sign of some sort

1:18:42uh around the nesting habitat area. Was

1:18:46there some mention of environmental

1:18:48monitoring?

1:18:49>> Well, that was something that we spoke

1:18:50about. Um, you know, given the,

1:18:53you know, I I think that uh Brian had

1:18:56mentioned, you know, we always do a

1:18:57pre-construction meeting and that's

1:18:58generally before like the erosion

1:19:00controls are installed. Um, so certainly

1:19:02before we uh we add the sheet piling,

1:19:04I'd like to be out there and just kind

1:19:06of over, you know, walk through the

1:19:07entire process and project with everyone

1:19:09involved. But then I think that it would

1:19:11be appropriate to have additional visits

1:19:13and that can be me where I go out after

1:19:16the sheet piling uh has been installed

1:19:18and maybe like when construction has

1:19:20begun. Um or uh if the commission would

1:19:23prefer, we can we can have the uh the

1:19:26applicant uh you know

1:19:29hire an environmental monitor that kind

1:19:31of does that that work and is kind of

1:19:33either on-site you know not necessarily

1:19:35the entire time work's being done but

1:19:37you know uh once a week during the

1:19:39construction period and uh you know

1:19:41that's kind of up to the commission how

1:19:42we want to handle that.

1:19:46I'll keep in close contact with you,

1:19:47Kyle, and whatever you guys decide,

1:19:49we'll we'll we'll go with But I will

1:19:51keep in close contact with you of every

1:19:53step of the project because I,

1:19:56>> you know, and if this is something

1:19:57that's knocked out in two weeks, you

1:19:58know, that's something that, you know, I

1:20:00could get I can get out there once a

1:20:01week and it wouldn't be a big deal, you

1:20:02know. So, I I don't know what the you

1:20:04know, once construction has begun, what

1:20:06do you think the timeline for completion

1:20:09would be?

1:20:10>> Well, I think two weeks is is very

1:20:12aggressive. I mean, because we we're

1:20:14going to be going slow and methodical

1:20:16with it. Um, so, you know, I mean, two

1:20:19weeks would be ideal, but I think it's

1:20:20going to be a little bit longer than

1:20:22that.

1:20:23>> But even two or three weeks, it's not

1:20:24unreasonable to hire an environmental

1:20:26monitor for that period, do you think?

1:20:31>> Or is it?

1:20:32>> Uh, it's costly,

1:20:39>> but it's it's a commission's call. It

1:20:40will definitely add to the project cost.

1:20:43I mean, it's we're already looking at

1:20:46probably, you know, for this project,

1:20:48it's, you know, probably half a million

1:20:51dollars.

1:21:08Um, Commissioner Green has her hand

1:21:10raised.

1:21:12>> This was unrelated to all that, but I

1:21:14guess could be related if you do extra

1:21:16visits. You had mentioned earlier K

1:21:18about the um erosion controls like if

1:21:21additional erosion controls like that

1:21:23were mentioned have to be added just

1:21:24who's on site, who's like confirming

1:21:26that is that also being added as a

1:21:28special condition like clarification or

1:21:30monitoring of that?

1:21:33So I mean

1:21:38gener like so we have standard

1:21:40conditions right and and the the the

1:21:43line that we've got to walk today is

1:21:44that this is not really a standard

1:21:46project right so so our standard

1:21:47conditions are you know uh erosion

1:21:49controls must be maintained uh

1:21:51throughout the life of the project. If

1:21:52you see problems obviously replace that

1:21:54keep additional on on site stockpiling

1:21:56yada yada. Um here, you know, uh very

1:22:01little of this is actually like above

1:22:03above grade erosion control like a like

1:22:06a silt sock, right? Most of this is that

1:22:08sheep piling or the or the coffer dam.

1:22:10Um and that's a pretty catastrophic

1:22:13failure if that were to to you know uh

1:22:15to to fail uh while they're doing the

1:22:17work. So, you know, that's going to be

1:22:20their first and second priority I think

1:22:22all the time that they're working there

1:22:24because this work needs to be done

1:22:25effectively in the dry. So, you know,

1:22:28they they would be the contractor would

1:22:29be very very aware of, you know, if

1:22:32there are problems with the the sheet

1:22:34piling or the or the coffer dams and

1:22:36obviously that would be something that

1:22:37they would they would they would have to

1:22:39uh address like immediately. Um, we can

1:22:42certainly modify the existing language

1:22:45uh that we have to kind of better uh you

1:22:48know uh target and discuss the the sheet

1:22:52pilings and the coffer dams rather than

1:22:54just like silt sock erosion control. But

1:22:56but it would be the same idea I think is

1:22:58what you're getting at, right?

1:23:01>> Yeah. Yeah. And the just to clarify the

1:23:05silk curtain or the turbidity curtain

1:23:07just another name for it is like the

1:23:09fail safe. Uh it's like the discharge

1:23:12point where everything leaves the pond

1:23:15system. Yeah. Exactly.

1:23:16>> Yeah. But down over here by the the

1:23:17turtle habitat, right?

1:23:19>> Yeah. So yeah, in addition to the to the

1:23:21sheet pilings along the the like the

1:23:23limit of work, uh there was discussion

1:23:25of of um the turbidity curtain here. And

1:23:29I guess Brian, you mentioned that we

1:23:30would make that call um in the field at

1:23:33the time of the like the

1:23:34pre-construction meeting based upon like

1:23:36water levels and things like that.

1:23:38>> Correct. Yeah. in to elaborate on the

1:23:43you know the sheet piling that is a

1:23:45pretty

1:23:46um secure installation

1:23:50you know a lot would have to go wrong

1:23:52for there to be some failure there

1:23:58but that you know that's why there's the

1:24:00the backup fail safe as well

1:24:05thank Yeah.

1:24:18>> So, Kyle, we're looking for a vote now

1:24:20to issue an order of condition. Is that

1:24:22right?

1:24:23>> Yeah. With with whatever conditions you

1:24:25deem appropriate. Yep.

1:24:27>> Right. With the special conditions from

1:24:28Weston and Samson and our special

1:24:31conditions. I know Lily has all of them

1:24:33written down.

1:24:35I mean, I do I don't know if we've come

1:24:37to decision with um Commissioner Boris's

1:24:40um question about if we if I were just

1:24:42Kyle doing the monitoring or if we want

1:24:45them to hire an environmental monitor.

1:24:46So, I haven't written that down.

1:24:51I just want

1:24:52>> Kyle join the monitoring.

1:24:54We'll just

1:24:56>> Yeah, I think, you know, if you know,

1:24:59once a week during the actual, you know,

1:25:02construction portion, you know, I I I

1:25:04think that's fine. Brian, would you be

1:25:06there during the the preconstruction

1:25:08meeting, not necessarily ongoing through

1:25:10the process, but at least for that that

1:25:13premeating where we're looking at is the

1:25:14turbidity curtain necessary?

1:25:18Yeah, I I can certainly make myself

1:25:20available.

1:25:20>> Okay. Yeah, I if if if if that's the

1:25:23case, I would be then comfortable, you

1:25:25know, following through on that over the

1:25:28course of the the active construction

1:25:31part of the project.

1:25:33>> So, you would be acting as the

1:25:35environmental kind of watch.

1:25:36>> Yeah. Effectively, it would just be uh I

1:25:38would add language in there that, you

1:25:40know, that the commission uh or its

1:25:43agent will will visit once a week during

1:25:46the active construction. We'll

1:25:47coordinate with the with the applicant

1:25:49uh to to figure that out and um yeah,

1:25:52just kind of keep an eye on things and

1:25:53make sure it's

1:25:54>> long as there's a formal statement of

1:25:55the need for that, that's great. Thank

1:25:57you. Mhm.

1:26:05>> My time to shine.

1:26:08>> Sure, Lily.

1:26:10>> All right. Um, so I will issue the Do we

1:26:13have to close this out before we Wait,

1:26:15no, that's something.

1:26:16>> Uh, well, no, you're you're right. Um,

1:26:18so this is a public hearing. We should

1:26:20uh see if there's any public comment. Um

1:26:22and uh we'll close the hearing before we

1:26:25vote uh on a decision. Thank you. Lily,

1:26:29>> is there anybody

1:26:32there?

1:26:32>> There there are no uh attendees uh

1:26:34present at the meeting any longer. So,

1:26:37um I don't think there's anyone here to

1:26:38talk to that's not already talking with

1:26:40us.

1:26:41>> So, we're looking for a motion to close

1:26:43the hearing, please.

1:26:45>> I'll make a motion to close the hearing

1:26:46for the notice of on 159 Troy Street.

1:26:53I'll second that.

1:26:56>> Motion has been made and seconded by two

1:26:58people. Roll call voc please.

1:27:03>> Leon I

1:27:05>> three and I

1:27:08>> M I

1:27:10>> Talban I motion uh the hearing is closed

1:27:14and now we're looking for a roll call uh

1:27:16a motion I'm sorry for special order of

1:27:18conditions.

1:27:20Yeah. So, I'll make the motion to issue

1:27:22the order conditions for 159 Choice

1:27:24Street with the special conditions

1:27:26including the filter bags, the turbidity

1:27:29monitoring, the pre-installation field

1:27:31verification, the temporary cough for

1:27:33dare methods, the elicit discharge

1:27:35statement from the rested Simpsons

1:27:36review along with the additional

1:27:39conditions including the statement or

1:27:42detail sheet for the turtle habitat

1:27:44creation, the um discussion about the

1:27:46installation of signage around the

1:27:48turtle habitat and additional visits by

1:27:51um the commission or the agent with

1:27:53constant communication by the applicant

1:27:54during the project.

1:28:03>> I second that motion.

1:28:06>> A motion has been made and seconded to

1:28:08issue a special order of conditions what

1:28:10Lily stated. Can I have a roll call

1:28:12vote, please?

1:28:14Leon I

1:28:16>> I

1:28:21>> Ruby Ruby [snorts]

1:28:24>> Clay I

1:28:26>> Matt I

1:28:27>> hear me

1:28:29>> I

1:28:29>> and Tal I that motion passes.

1:28:33>> All right. Awesome. Thank you.

1:28:35>> Thanks so much everyone.

1:28:36>> Okay.

1:28:37>> Thank you everybody.

1:28:38>> Good night.

1:28:39>> Take care.

1:28:39>> Uh a point of uh I guess fact. I I don't

1:28:43know. We forgot to close the uh the

1:28:45hearing for the RDA that we voted on

1:28:47earlier tonight. Uh 32 North Leaden

1:28:50Street, number four on the agenda. Um so

1:28:52we we we should have closed that before

1:28:56uh we issued that determination. Um and

1:28:58asked for public comment. Again, there

1:29:00was no one in the meeting. Uh but we

1:29:03should maybe make that vote to close now

1:29:05just to kind of do that.

1:29:09>> Sorry about that. No,

1:29:10>> I mean I I missed it too. No problem.

1:29:13So, we're looking for a motion to close

1:29:16uh new filings uh agenda item number

1:29:19four, 32 Leaden Street.

1:29:22>> Make a motion to close uh the hearing

1:29:24for the RDA or 32 North Leaden.

1:29:27>> I second that motion.

1:29:28>> Motion has been made and seconded to

1:29:30close the RDA for 32 North Leaden

1:29:32Street. Can I have a roll call vote,

1:29:34please?

1:29:34>> Clay I. Leon I

1:29:37>> Leon I

1:29:39>> Matt I

1:29:41>> in Talban I

1:29:43>> I believe the last item on the agenda is

1:29:46a request for a COC for 239 Belleview

1:29:50Avenue.

1:29:52>> Uh yeah. Um so I again I don't think

1:29:54there's anyone in the attendees list to

1:29:56talk about this. We we discussed this

1:29:58project last month. Um, and uh the the

1:30:02one outstanding thing uh again uh was

1:30:04the installation of conservation

1:30:06markers. I went out to the site uh a

1:30:08couple weeks ago, took some photos uh

1:30:10and I'll share those with you in a

1:30:12moment. Um

1:30:16let's see. Oh.

1:30:32All right, I'm go and share my screen.

1:30:34Uh, and this is the the kind of corner

1:30:38of the lot that we were looking at last

1:30:40time. And we talked about uh three or

1:30:42four signs uh there. And you can kind of

1:30:44see them here uh in the corner of the

1:30:47the lot. Uh so this is the the sign that

1:30:50was installed. Um, this is not the the

1:30:54sign that I provided the applicant. This

1:30:56is one that that this is the exact sign

1:30:58that they used over at 710 Oak Street.

1:31:01Um, I don't know how they got like this

1:31:04mockup, but they did and they installed

1:31:07it. So, it says Brockton Conservation

1:31:09Commission limited work do not remove.

1:31:10Um, and there are three of them as

1:31:12requested in the locations that we

1:31:14requested them. Um, so I guess

1:31:16ultimately the question for the

1:31:17commission is are we okay with these

1:31:20signs? here or are we wanting to require

1:31:24uh this applicant to utilize the the

1:31:27other design that we have? Now, I do

1:31:29want to say that the the mockup that we

1:31:32approved earlier tonight at the 325

1:31:35Thatcher Street uh was a different color

1:31:37than the sign that we, you know,

1:31:40provided to them. Um I think, you know,

1:31:43ultimately this is up to the commission.

1:31:45Um but I do just want to make a couple

1:31:47comments about these signs. These signs

1:31:49are hard to to get in small batches. Um,

1:31:53right now that's how this is that's how

1:31:55the commission is requiring these people

1:31:58uh go about getting these. So

1:32:01there is not like a stockpile of these

1:32:03signs that people can come and get from

1:32:04me. They're kind of responsible for

1:32:06getting these made themselves uh which

1:32:09is kind of burdensome uh and and

1:32:12challenging. So that said, um you know,

1:32:15again, this is up to the commission on

1:32:17how you want to move forward. Um if this

1:32:20is fine, uh great. And if you want to

1:32:23see them use the other sign, that's also

1:32:24fine. I can convey that to the

1:32:25applicant. Um but it is a challenge and

1:32:28and getting three signs made, um is a

1:32:32challenge. Um it's expensive to get

1:32:34small batches made, you know, custom

1:32:37small batch. So, ideally, uh the the

1:32:41long-term solution here is kind of

1:32:42outside the scope of this project, but I

1:32:44do want to just let you know that I am

1:32:46working towards a solution. Um there are

1:32:49filing fees that uh that are associated

1:32:52with notice of intent filings and like

1:32:54ANRAD filings um amongst other types of

1:32:57filings with the commission. And those

1:33:00filing fees are supposed to be able to

1:33:02be utilized by the commission for

1:33:04administrative purposes. So, a lot of

1:33:06commissions will utilize those those

1:33:09filing fees to purchase signs. Uh, and

1:33:12that can either be given away for free

1:33:14to applicants or uh can be purchased at

1:33:16cost. Um, and that way, you know, we can

1:33:20batch out 500 of these things and it's

1:33:22not a big deal. I mean, it'll cost money

1:33:24obviously, but then we can either recoup

1:33:26that by selling the mat cost or just,

1:33:28you know, spend that money that's

1:33:30supposed to be used for administration

1:33:32on these signs. so they are um uniform.

1:33:36Um so ideally that's what we want to be

1:33:39doing. I'm working with our admin to

1:33:40kind of sort out some complications with

1:33:43uh where that money goes currently. Um

1:33:46and making sure that it's it is set

1:33:48aside specifically for the commission

1:33:50use. Um and so we're not quite there yet

1:33:52and I haven't ordered signs, but long

1:33:54term that's the solution here. But

1:33:57before we're there, we still have to

1:33:59issue cert certificates of compliance.

1:34:01The question is, is this sign okay to

1:34:04you all or are we going to require this

1:34:06applicant uh print out three signs that

1:34:10are of the the design that we've kind of

1:34:13approved

1:34:20>> or or through the chair? Sorry.

1:34:22>> Joyce,

1:34:23>> what material

1:34:25>> what material is

1:34:27>> fine? These signs are fine. You can't

1:34:30get them, right? I mean, we can see

1:34:32them.

1:34:34>> Yeah. But what material are they made

1:34:35out of?

1:34:36>> Uh, I'm not sure if it's a plastic or if

1:34:38it's like printed on like an aluminum

1:34:39sheet or or what. Um, I I don't know.

1:34:43>> Yeah,

1:34:43>> they kind of hit you in the face,

1:34:44actually. But

1:34:46I mean, I don't think you should ask

1:34:49them to be changed.

1:34:52>> They'll do the job.

1:34:54>> Yeah, I agree. I think they're fine for

1:34:56this uh circumstance.

1:35:01All right. Well, if that's the will of

1:35:02the commission, then I would recommend

1:35:03issuing a complete certificate of

1:35:05compliance for 239 Belleview Avenue.

1:35:10>> Commissioners, any more questions on

1:35:11this?

1:35:15>> Know who the sign was that they got it

1:35:17from the car wash?

1:35:20>> I I really I was shocked when I saw

1:35:21these.

1:35:24So, I'm looking for a motion to issue a

1:35:27certificate of compliance for the

1:35:28current signage for 239 Belleview

1:35:30Avenue.

1:35:34>> I make a motion to issue the uh complete

1:35:37certificate of compliance for 239

1:35:38Belleview Avenue.

1:35:40>> Second.

1:35:41>> Motion has been made and seconded to

1:35:43issue a COC for 239 Belleview Avenue.

1:35:45Can I have a roll call vote, please?

1:35:47>> Play I. Leon I

1:35:49>> Le I

1:35:51>> M I

1:35:52>> Bors I

1:35:53>> and Tal I that motion carries and that's

1:35:57the entire agenda.

1:35:58>> I have one quick question. Um does

1:36:01anyone know who Benjamin Smith and

1:36:04Elizabeth Pirates are?

1:36:06>> Uh yes, in fact.

1:36:07>> Oh an AI noteaker.

1:36:09>> Yeah. So Ben works with Brockton

1:36:11Community Access. So he's working with

1:36:13us to stream uh the meeting. And then uh

1:36:16Liz is our new admin with the planning

1:36:18department. So she's here taking notes

1:36:20and uh she'll work on minutes for us

1:36:22moving forward.

1:36:23>> Good. Welcome.

1:36:24>> Just

1:36:25>> welcome and thank you.

1:36:27>> Yeah, thank you.

1:36:28>> You're welcome.

1:36:29>> Speaking of minutes,

1:36:30>> she attended a meeting.

1:36:31>> Are we going to have a backlog of

1:36:32minutes at some point to approve?

1:36:34>> Yeah, I'm hoping at the November meeting

1:36:36we'll have uh all the because I think

1:36:38it's it goes back to August uh that we

1:36:40that we haven't approved [clears throat]

1:36:41in it. So look forward to those in the

1:36:43next few weeks. We'll we'll get them

1:36:45out.

1:36:45>> I won't be here for November. So, I

1:36:47guess Mullins [laughter] and

1:36:50>> not your problem.

1:36:51>> Yeah,

1:36:52>> it's my problem when I get back from

1:36:53vacation. You mean [laughter]

1:36:56make a motion to join the meeting?

1:37:00>> Perfect.

1:37:03>> You ready for that, chair?

1:37:05>> Absolutely.

1:37:08>> I second.

1:37:10>> Motion been made and seconded to adjourn

1:37:12the meeting. Roll call vote please.

1:37:14>> Clay I.

1:37:15>> I.

1:37:16>> Green I.

1:37:18>> I.

1:37:19>> I.

1:37:19>> And Talba. I.

1:37:20>> Okay.

1:37:22>> Everybody have a wonderful night.

1:37:23>> Thanks everybody.

1:37:23>> Good night everyone.

1:37:25>> Good night.

1:37:26>> Good evening.

1:37:27>> Take care.