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Minutes of November 26, 2007
These minutes are a summary of a taped meeting. TCC reserves its
discretion to supplement. Minutes records and all other means it deems applicable.
Tapes are not retained.
Any requests for copies of Minutes are to be made in writing to the
Director of Planning and Conservation.
Full legal notices are available at all meetings/hearings.
Present: Chair Steven Turner, Vice Chair Brian Marques, Robert Newhall, Ernest Enos, Neil Kelly, Marla Isaac, and Renny Chapman. Meeting began at 7:00 p.m.
Motion to approve the minutes of November 5, 2007, MI, second NK, so voted.
Certificate of Compliance
1. 916 Rocky Woods Street, Bairos, (COC), SE73-2058 A field report was read stating that MR reviewed this project on 11/22/2007 in preparation for the hearing on 11/26/07. The As-Built plan titled “As-Built Conservation Plan DEP File No. 73-2058, 916 Rocky Woods Street Taunton, MA” dated 11/6/07, accurately displays the current conditions of the site. Changes from the original plan include a walkway around the south side of the garage, a 12’ x 30’ deck, a smaller driveway bump-out, less grading overall, and a change in the septic system location. All these changes are positive and do not impact the adjacent wetlands.
MR recommends that the TCC issue the applicant a COC. Motion to approve the COC for this project, BM, second RC, so voted.
2. 109 Winter Street, Mozzone, (COC), SE73-1955 A field report was read stating that the true address for this project is 109 rather than 123 Winter Street according to the Assessor’s office. The As-Built plan, titled “As-Built Conservation Plan 109 Winter Street Taunton, MA” dated 11/16/07, accurately displays the current conditions of the site. All catch basins are free of debris, there is no evidence of siltation into the adjacent wetlands, and the detention basin to the south adequately handles storm events. The basin is becoming choked with cattails and should be cleaned this year (per the O & M plan). The
buildings have been built in significant compliance to the Order of Conditions. MR recommends that the TCC issue the Applicant a COC. Motion to approve with the condition that MR fix the title of the As Built Plan in the field report, have a letter sent to the applicant, and have the applicant notify TCC of the cleanup, BM, second RN, so voted.
Public Meetings
1. 120 Segregansett Road, Teixeira, (RDA), DSE-901 A field report was read stating that the Applicant is proposing to erect a 16’ x 16’ shed in the rear of the house and south of the underground detention system. He would like to place the shed on a concrete slab for stability. This property is zoned Rural Residential and the minimum setbacks are 40’ in the front, 25’ from the side, and 30’ from the rear. The front and rear setbacks are met but in order to meet the side setback, the shed will need to be to the north of the red line MR drew on the plan. This would then bring the shed over the former berm of the
detention basin before it was changed in September 2006 to an underground system prior to Mr. Texeira purchasing the property. If the shed were moved closer to the house, about 22’ back from the bulkhead and 26’ from the side, then there would be no issues of loading over the underground detention system. MR would recommend that the Applicant stay as far from the detention system as possible and remain 25’ from the side per the zoning requirements. This would then be considered a Negative Determination for this project. Motion to have it be known that if the applicant needs to come back to TCC, he won’t be charged the fees again, RN, second MI, so voted.
2. 414 West Water Street, COT, (RDA), DSE-902 A field report was read stating that the Applicant is requesting a determination regarding the exemption from the Riverfront Area Requirements as they pertain to historic mill complexes. This area is an historic mill complex formerly known as F. B. Rogers. This site is also one of the City of Taunton’s Densely Developed Areas and as such has only a 25’ Riverfront Area. The proposed redevelopment of this site will increase permeable areas and rehabilitate buildings on the site. The exemption is only for the original footprint of the area. Under the distinction of “historic
mill complex”, the Applicant will not be required to mitigate for disturbances within the riverfront, including compensatory storage. However, the project will be required to follow all current stormwater management practices. MR recommends that the TCC issue a Negative Determination for this project. Motion to issue a Negative Determination for this project, BM, second NK, so voted.
Extensions
1. 366 Prospect Hill Street, MB Development Trust, (EXT), SE73-1974 A field report was read stating that the Applicant is requesting an Extension of the Order of Resource Area Delineation (ORAD) approved by the TCC and issued on 12/10/04. The wetlands remain unchanged from the original delineation performed by Walter Hewitson on 4/4/02 and 4/29/02. This Extension is requested due to the delay in filing subdivision applications and NHESP designations. The Applicant is requesting an Extension of 12 months. MR recommends that the TCC issue an Extension of this ORAD for no more than 12 months to commence on 12/10/07 and end on 12/10/08.
Motion to approve based on the MR’s recommendation to issue the extension to commence on 12/10/07 to 12/10/08, BM, second NK. Three were for the motion, three against, chair must make the deciding vote. For: BM, EE, NK, and ST. Against: MI, RN, and RC. Motion carries.
Continued Public Hearings
1. 4 Spring Lane, COT/DPW, (NOI), SE73-2306 A field report was read stating that this is an after the fact notice on intent by the COT/DPW for work done along the Mill River. This work consisted of clearing brush and trimming trees so that sewer manholes could be accessed for inspection and cleaning. This work is within the City of Taunton’s Densely Developed Area, which has a Riverfront Buffer Zone of 25 feet. This is also a limited project under 310 CMR 10.24, maintenance of existing utilities. MR recommends that the TCC approve this project and issue an Order of Conditions after the fact as there was no negative impact to the Mill
River during this project. Motion to approve this after the fact NOI with a standard order of conditions with no special conditions, NK, second BM, so voted.
2. 250 Cape Highway, Stevens Street, LLC, (NOI), SE73-2146 Applicant has requested a continuance. Motion to continue for 6 months to the first meeting in May 2008, RN, second MI, so voted.
New Public Hearings
1. Claffy Street, Bairos, (NOI), SE73-2311 A field report was read stating that this project is for the construction of a duplex with driveways, decks, grading, and utilities within the 100 foot buffer zone. The site is located at the end of a Private Way off Scaddings Street. The land drops off at a 2:1 grade to a wetland that begins at the toe of slope. The wetland was reflagged by Earth Services Corp. on 11/23/07 because the original flags were either missing or eaten. The new flags are orange and are the same numbers as depicted on the plan titled “Plot Plan Lot 31-448, Claffy Street Taunton MA” dated 10-11-07. This
area is not an ACEC or NHESP zone. MR recommends that the TCC approve the flags ESC3-ESC10, and for reference purposes only, flags ESC1, ESC2, and ESC11. A small portion of the entire project is within the 100 foot buffer zone including one driveway, and the unit and deck to the south. The siltation barrier has been depicted as the limit of work, and dewatering and washout areas are shown outside the 100 foot buffer zone. The duplex will be on city water and sewer. Roof drains should be shown going into drywells. The plan as depicted does not create a negative impact to the wetland area, therefore MR recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. RC would like some extra special conditions added to the motion. Motion to approve with a standard order of conditions with special conditions 3, 10, 11, 12, 14, 16, 18, 19, 20, and with the extension of the hay bale line
at the east end to the north property line, bump out hay bale at contour 96 with 5 feet to leave room for grading, and at the west end to the edge of the pavement of Claffy Street, northerly to the north property line and allow a break for access to construction, and a revised plan submitted with these changes, RC, second RN, so voted.
(NK and RC stepped down)
2. Fremont Street, Peter, (NOI), SE73-2307 Representative Jon Connell. The work is still ongoing with the consultants to this is only to meet with abutters and answer any questions they have. Steve and Sandy Grundy 115 Paula Drive. They had questions about the number of access entrances and how close the building would be to the first house on Paula Drive, which is owned by the Aldermans. BM asked what rationale to put two exits at the smaller building and one at the two larger buildings. BM asked if they could take away one exit away. RN asked if they could make the buildings smaller. ST could they have all the
trucks use the same access road. Mr. Peter is willing to speak with any abutters, will try to keep all trucks to one access, feels it really can’t be done. ST what if they shorten the building by 30 feet so that a left turn can be made at the access road and going on through to the smaller building too, keeping the traffic off Tremont Street as much as possible. BM will continue but it sounds as though the applicant is open to ideas. Joe Pacheco of 25 Paula Drive is concerned that this will affect his well and that they may have water in their basement due to this construction. Mr. Pacheco has a shallow well and has concerns that even if the applicant is careful, things can still happen. Mr. Peter will have calculations done. Joann Alderman spoke stating that she found out recently that her driveway is actually on Mr. Peter’s property, not her own. The line is through the center. This will be dealt with, Mr. Peter
said he has no plans to take her driveway. Motion to continue to December 17, 2007, BM, second MI, so voted.
(RC and NK back)
Violation
1. 250 Lakeview Avenue, Waterman Owner of house lives in Weymouth, has been battling brain cancer. Left son in charge of house, without owner’s knowledge, son decided to add a second floor with no permits, etc. MR found this out and issued them a potential violation letter. Since this occurred, the son has moved away. The owner’s other son is taking over the house, wants to rectify the situation and finish up what was originally done. Also there is a sewer extension going on, on this property. This will be done soon. TCC wants them to notify MR once they have a timeframe and the hay bales are done, they have two
weeks to get this done. MR wants them to have hay bales and silt fence done for the winter, then when spring comes, go through the Building Department for the proper permits and MR will signoff. Motion to have the violation removed once the letter is received from the applicant, BM, second RN, so voted.
2. 106 Lakeview Avenue, Thibert Motion to continue to December 17, 2007, RN, second BM, so voted.
3. Hart Street, Pineridge Condos Representative Shawn Telsi. BM said MR needs to notify ZBA that the violation is unresolved, TCC will let the applicant fix and then they can fix the issues with the ZBA. Motion that this violation is unresolved, go to ZBA and notify MR with their findings, BM, second RN, so voted.
Other Business
1. New Meeting Calendar for 2008. Passed out, will vote next meeting.
2. Morey’s Dam/cofferdam/Mill River issue. NK said the dam was put in according to the plan but it is too high. He has heard the TCC is being quoted as having no problems with the cofferdam, but this is not true. MR thought it was built outside the plan, and feels that this is not the TCC’s fault. Jefferson Partnership has walked away from this project and is leaving it to fall on the volunteers. BM said to the Jefferson Partnership representative at the TCC meeting, what recourse will the city have if anything goes wrong?, and the gentleman said that Jefferson Partnership would take responsibility. MR said the dam is 7
inches off from bottom of lake to top of dam. The TCC approved 19-40 inches. RC set the elevations, the dam was built per the plan. He said you can’t say it is 7 inches too high from the lake bottom, because the lake bottom is not level. ST said the TCC told them 19-40 inches. RC there were two plans with two different benchmarks. He also said it is not a cofferdam but a spillway.
3. RN asked if MR go notification about a meeting with DEP at the DPW about the Cobb Brook. RN would like to be notified of any such meetings like this.
4. RN requests that signs be put on Caswell Street where the new construction is being done, stating Low Salt in that area.
Motion to adjourn, BM, second MI, so voted. Meeting ended at 9:36 p.m.
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