 |
Minutes of February 25, 2008
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. Renwick Chapman was absent. Meeting began at 7:00 p.m.
Motion to approve the minutes of February 11, 2008, BM, second MI, so voted.
Certificate of Compliance
1. Staples & Seekell Street, Adesa, (COC), SE73-1962 A field report was read stating that this project was ADESA resolution involving the placement of water mains within the right-of-way limits of Staples Street, Seekell Street, Myricks Street, and withing the Matthews Landing Subdivision as a result of well contamination from the company’s property. The project has been complete for a number of years and all roadways are paved over. There is no sign of negative impacts to the resource areas along the streets or within Matthews Landing. As such, MR recommends that the TCC issue a COC for the completion of this
project. Representative Jon Connell was present. Motion to approve the COC for the completion of this project, BM, second NK, under discussion, RN asked if they own any of this land, Jon says no, RN says yes. MR said the work is for the water main, they didn’t go on to any property. ST does agree that the road in this area needs to be repaired. MR agrees but says they wetlands are fine right now even with the current conditions of the area. The waterline is run by ADESA. The first motion is withdrawn. Motion to continue the COC for 1 month (till April 14, 2008), send a letter to the DPW about the road conditions and what can be done to repair, have MR go out to check on the current conditions, BM, second RN, so voted.
2. Blake Street, Yvon Nadeau Development, (COC), SE73-1862 A field report was read stating that this project was for the construction of a detention basin and roadway grading within the 100 foot buffer zone and creation of a compensatory storage area to remediate the filling of 3200 cy of 100 year flood plain that was filled. All work was done in significant compliance to the Order of Conditions, and all areas are stable. MR recommends that the TCC issue a COC for the completion of this project. Representative Yvon Nadeau was present. Motion to approve the COC for the completion of this project, BM, second RN, so voted.
Public Meeting
1. 122 Summer Street, Mattos, (RDA), DSE-905 A field report was read stating that this house is located at the confluence of Summer and County Streets and is within the 200 foot riverfront of the Taunton River. The project consists of a septic system upgrade. The proposed repair will consist of the decommission of the existing leaching pit and upgrading to two leaching beds, one in the front of the house and one in the rear. No alternatives exist for this project. There is a commercial building between this home and the river and as such, there would be no apparent negative impacts to the river from this project.
MR recommends that the TCC issue a Negative Determination for this project. Representative Steve Rumba was present. No alternative exists, it has to go in the spot chosen. Steve Rumba spoke stating that there is no alternative, it is a small lot with tight soils. They are still asking the Board of Health for variances. There is a wall that acts as a barrier near the river and they will put a silt fence on top of the wall. RN asked is the Board of Health has given the ok yet, Steve Rumba does not know. MR stated that they cannot go forward until the Board of Health signs off on it. Steve Rumba said they are not asking for any reductions. Motion for a negative determination for this project, NK, second MI, so voted.
New Public Hearings
1. Fremont Street, Ferreira, (NOI), SE73-2319 A field report was read stating that this project is for the construction of a single family home, driveway, septic system, utilities, and associated grading within the 100 foot buffer zone of a bordering vegetated wetland (BVW). Washout and dewatering areas are depicted on the plan titled “Sewage Disposal Plan” dated 1/24/08. In addition, a siltation barrier is shown at least 25 feet from the wetland border. The closest work will be grading at the southwest corner of the house. Roof drains to drywells should be shown on the plan. MR visited
the site today and saw that the homeowner had already cut the trees on the lot. He did have the siltation barrier installed but MR did had not inspected it. The tree cutting had not yet been approved, but it looks as if there was no negative impact to the adjacent wetland. The stumps have not been removed yet. After speaking with Paul Patneaude, its seems that the owner did not understand that he had to wait for this plan to be reviewed and approved by the Conservation Commission and a ten day appeal period before any work could commence. Technically, the work done is in violation of the Wetlands Protection Act and as such, the owner is accountable to the Commission. It seems that no harm was done, however, and MR would recommend that no fine be levied or violation issued as protection was in place. MR does recommend that no further work be done on the property until she has inspected the siltation barrier and the ten day appeal period has
ended. MR also recommends that the homeowner carefully read the Order of Conditions so that no further violations occur on his property. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. Representative Paul Patenaude and the homeowner were present. NK asked if there were any violations out there now? MR said it is up to the TCC to make the call, lots of trees were cut. RN asked if more trees were cut than the TCC would allow? MR said no. PP spoke saying that they did not remove more that the TCC would allow, actually more will still need to be removed in order to get the work done. Hay bales are actually in further than they should be. Homeowner promised he won’t cut anymore, he didn’t know the rules, but does now. ST asked if MR could still go out to look at the trees and the hay bale line. PP asked if he could stake it first
and place the hay bales in the proper spot before MR goes out to look, and by then he will know the number of trees needed to be cut after staking. Motion to continue to March 10, 2008, BM, second NK, so voted.
Motion to go out of order to hear about Morey’s Dam and speak with city representatives, NK, second BM, so voted.
Motion for Executive Session, BM, second MI, so voted. Roll call vote: NK-yes, MI-yes, EE-yes, RN-yes, BM-yes, and ST-yes.
No motions were made during Executive Session. Minutes are recorded separately.
2. Crane Avenue South, Berry, (ANRAD), SE73-2320 A field report was read stating that on 2/20/08, MR visited this site to review the wetland delineation done by Walter Hewitson on 10/3/07. MR is in agreement with the placement of flags and recommends that the TCC approve the line and issue an Order of Resource Area Delineation for the following: flags 3WH-18WH, and for reference purposes only, flags 1WH, 2WH, 19WH, and 20WH. Representative Jon Connell. Abutter Helen Bliss wants to make sure this doesn’t infringe on the Bliss property. Jon Connell said the TCC knows as well as he does that they won’t be
allowed to even fill in all that wetland. RN asked if the stream on the property was a perennial stream, MR said no intermittent. Jon Connell said he would go over all of the plans with the Bliss family. Motion to approve the ANRAD and the flags as delineated, RN, second NK, so voted.
Violations
1. TGI Friday’s. Representatives present Dr. Carr, Rich Saxon from G. Lopes, Gary Lopes form G. Lopes, Jessie Aguiar form Cubellis Engineering, and Michael Connell and David Reno- the general contractors. MR gave her verbal report on the violations she found on the site. MR went out and spoke with Rich and Michael. The detention basin has since been fixed, hay bales corrected, they removed the uprooted plants, and the area between the fore bay and the detention basin was corrected. MR also went out with Gary and went around the detention basin and wetland replication areas and showed them her areas of concern and
what had been repaired since MR first went out there. BM asked if the washout at the edge of the basin had been cleaned up, Yes. Jessie put up geojute fabric, it’s biodegradable. ST asked if this was holding up the opening of the business, No. RN asked why it was not done right the first time? Jessie said they started late, RN said it doesn’t matter. Dr. Carr said the siltation and the trash was cleaned up. He took soils samples and brought them to the meeting. He claims that he took them from the top of the basin and they are loam, MR disagrees. ST said both he and the board just want to get this all cleared up. MR stated that DEP agrees with her that it is not top soil in the basin. BM wants to remove the violation but what guarantee does he have that they are going to do what needs to be done out there to get this all taken care of. ST said there are two options, either remove the violation and
check the site again in the spring, or leave the violation and fine again if necessary if not all cleaned up. BM feels the TCC should remove the violation and watch the site, then fine again if necessary. Dr. Carr said he was out there again today and 20 shrubs are ok, 20 are not, some uplifted, slightly tilted, he will have someone get out there asap to fix. MR said to follow the TCC plans, Dr. Carr says DEP doesn’t say so, MR doesn’t care about DEP but rather he local rules and regulations. ST wants to remove the violation feeling that the representatives will act in good faith, send the men back out to fix the issues out there and everything will work out fine. The planting season for TCC is 4/15 – 10/15. Motion that the violation stay in place until this site is cleared up and in correct order, continued to 10/15/08, RN, second MI. Under discussion ST would like to see the violation removed and will not go along with
this motion. BM said he will support the idea to go back after and violate if need be but to remove for now. Show of hands on the motion, In favor 3, Opposed 2, Motion carries. An amendment to the motion that is be continued to 5/15/08, not 10/15/08. Mr. Lopes spoke stating that he has to asphalt as soon as the plants open and he cannot if there is a violation on the property. He stressed that it needs to get done. ST would like a reconsider on the vote on the motion. RN said he would only reconsider the amendment from 10/15/08 to 5/15/08. ST said he would like to see the violation taken away and have MR watch them “like a hawk”. He feels why should they hold them to a certain time when we can always go back out and violate if necessary. Motion to reconsider BM, second NK. All in favor of reconsidering. Motion to remove the violation and continue so MR can go out and work with the contractor
during the planting and continue to July 14, 2008, BM, second NK, RN voted present, all others voted in favor.
2. 1780 County Street. MR did not get out to the site today. Mr. Kulpa said the site is all cleaned up and has the receipts to show the removal. Motion to dismiss the violation pending MR’s inspection of the site, BM, second NK, RN voted present, all others voted in favor.
Other Business
1. Letter to owner of Columbia Electric property. Letter requests a letter concerning power of attorney. All TCC members see it and sign.
2. RN had an issue with things being said. He wanted the TCC to know he has never taken sides with a single person that comes in here but it has been said that he does. He heard it has been said by other members of the TCC. He wants it known he works for the Wetlands Protection Act, making sure it is enforced. Juanita Gallagher said she did not mean to interrupt but knows that City Councilor Sherry Costa-Hanlon went down to the TGI Friday’s site and told them to stop construction because they have done such a terrible job. BM said she doesn’t have the authority to do that. BM doesn’t want anyone
to think that anyone is getting away with anything, not TGI Friday’s and not Columbia Electric. The TCC is not letting anything go, so no one needs to worry about that. Juanita said she is not sure Mr. Murphy has any rights to this property, ST said the TCC will find out. ST said we haven’t lost any ground with either one of these properties, he feels sometimes you need to give people a break and work with them rather than fighting with them to get the same thing accomplished. Then if things don’t get done then violate them and shame on the TCC for trusting people, but give people the benefit of the doubt first. ST was put on this board because before the TCC was rude to the public, they fought with everyone and the average joe did not even want to come in here for anything. BM was not put here for anything but to help those who were not aware of all the rules and regulations that there are out there. BM thought the new
city councilor would be and asset to the TCC and help advocate the wetlands protection act and other issues with conservation, not be in opposition to the TCC.
3. RN and the Dam file. RN said he went through the file on the dam, many letters, reports, etc, were either not there before or never stamped. He also said many of the correspondence he never saw and isn’t even sure the TCC saw many of them. He wants things stamped and logged in. ST asked if they could put a table of contents on each file or have those looking at any file, sign in. This will prevent anyone from taking things out of the file or adding things to them. Motion to purchase an electronic stamper to stamp the files and solve this issue, NK, second MI, so voted.
4. RN wants to know where the fine money is? Kevin said the fine money goes into the General Fund, RN disagrees. He said he spoke with Mike Sykes and Mike said that’s not right. He wants someone to check into it for the TCC.
5. Condensing wetlands act and bylaws. Motion to have MI look into condensing the wetlands protection act and the by-laws into a shorter version for the members of the TCC, MI, second NK, so voted.
Motion to adjourn, NK, second BM, so voted.
| |
