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Minutes of the Conservation Commission October 6, 2008
Minutes of October 6, 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, Ernest Enos, Neil Kelly, Marla Isaac, Robert Newhall, and Renwick Chapman. The meeting was opened by Chair Turner at 7:00 p.m.
Motion to approve the minutes of September 22, 2008, BM, second NK, so voted.
Guest Speaker: Liz Gimson and the Community Preservation Act
BM would like to be on the study group for this idea. RN would like to be on the CPA group. Motion to send a letter from TCC to the City Council that they would like to move forward on this, RN, second MI, so voted.
Motion to go out of order to hear Spring Street, BM, second NK, so voted.
Motion for ST to step down, BM, second NK, so voted.
(ST out)
New Public Meetings
1. Spring Street, COT- Police Dept., (RDA), DSE-1902 A field report was read stating that this is an after the fact filing for the installation of an eight foot chain link fence to encompass an area 100’ x 110’ at the rear parking lot behind the Police Station and along the Mill River. This is designated as a densely developed area and has a 25 foot riverfront area. The fence was erected using a small bobcat with a drill end to drill the holes. All remaining work was done by hand. The concrete was mixed in a truck located about 50 feet from the river, put in a wheelbarrow and wheeled to each hole. The
river was protected and no debris entered the river. The asphalt was removed from the area when work was completed. MR recommends that the TCC issue a Negative Determination for this project. Motion to issue a negative determination, RN, second NK, so voted. Under discussion, where is the snow going, over to the side further from the river.
Motion to invite ST back in RN, second NK, so voted.
(ST back)
Motion to revert back to the regular order of business, RN, second BM, so voted.
Certificate of Compliance
1. Stevens Street Bldg #1, Mann, (COC), SE73-2278 I have a field report in my packet, but the note Wrong Report is written. I will not include it in these minutes. Motion to issue a COC for this project, BM, second NK, so voted. Rich Riccio was present.
2. Staples Street, Bruce, LLC, (COC), SE73-1643 The applicant is requesting a continuance. MR said this is good, the site needs to be cleaned up anyway. Motion to continue to November 17, 2008, RN, second MI, so voted. Under discussion, the detention basins at this site will become the responsibility of the homeowners and if problems continue, the TCC should require that a fence be put up, just to give them a heads up.
3. Glebe Street, Nielsen, (COC), SE73-2122 A field report was read stating that this project was to construct a single family home with septic system, well, driveway, and grading within the 100’ buffer zone, and a boundary line approval. All areas are stable and there was no sign of disturbance to the wetlands. MR therefore recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, RN, second RC, so voted.
4. 487 Tremont Street, Witherell, (COC), SE73-1902 A field report was read stating that this project was to construct a 1625’ barn on the site of a previous barn damaged by fire and subsequently razed in the mid 1970’s. The barn was built in significant compliance to the order of conditions issued on 3/30/04. All areas are stable and there was no sign of disturbance to the wetlands. MR therefore recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, BM, second RN, so voted.
5. 29 Deer Track Drive, Serfio, (COC), SE73-1988 A field report was read stating that this project was to remove the existing deck and construct an addition and a new deck. A wetland boundary line approval was also requested. The addition and deck were built in significant compliance to the Order of conditions issued on 12/7/04. All lawn areas are stable and there is no indication of a breach into the wetlands. MR recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, BM, second NK, so voted.
New Public Hearings
1. Revolutionary Drive, Mann, (ANRAD), SE73-2356 Brandon Faneuf was present, as a consultant representing the TCC on this project. Rich Riccio was present representing the applicant. Rich said they basically took all of Brandon’s recommendations and incorporated them into the plan. Brandon said Riccio did everything he requested, he even created a legend to help explain everything on the plan. He did everything the consultant asked for. Motion to approve the wetland line and issue an ORAD, BM, second RC, so voted.
(NK out)
2. 438 Broadway, Cedarwood Development, (NOI), SE73-2357 A field report was read stating that the applicant is proposing to construct an Advanced Auto Parts store at this site. A wetlands boundary line approval is also requested. A comprehensive wetland report is included in the file. Mr reviewed the wetland line as delineated by Mason and Associates on 11/14/07. MR is in agreement with the placement of the flags and recommends that the TCC approve the line as follows: WF101 to WF112, B1 to B5, B6 to B14, and for reference purposes only B6, and WF113 to WF122. A wildlife habitat report was also included in the report,
and discusses the opportunity for food, shelter, and over-wintering for birds and small mammals within the wetland resource area, which will remain untouched. The disturbed area currently consists of two driveways, house, shed, and garage, and affords little or no important wildlife habitat. The six trees that will be removed will be replaced by native fruit-producing trees and shrubs. NHESP has determined that this project does not occur within Priority Habitat of Rare Species or in Estimated Habitat of Rare Wildlife and does not have to file a MESA review. Due to the size of the parcel and zoning requirements, the northeast corner of the building will be located 5 feet from the wetland at flag WF111. There is no other way to configure the building to meet the requirements of zoning and the needs of the applicant. Also in accordance with zoning requirements, the 15 foot landscape buffer was waived along the side and rear of the property. This
property currently has a house, shed, garage, and two driveways. The proposed auto parts store and associated parking will add more impervious areas than are current. The applicant has proposed an underground infiltration system to handle stormwater from the parking lot and roof ( a revised plan showing the roof containment will be delivered at Monday’s meeting). The City Engineer has submitted a separate report on this project. The three main questions Engineering has are: How much infiltration will actually occur?, What is the holding capacity of the infiltration system?, and How large a storm event can it handle before the system overtops? From conservations with Phil Cordeiro, engineer with Allen & Major, the infiltration system will be located two feet above groundwater. The septic system will consist of a two-chamber, 1,500 gallon septic tank and Enviro-Septic leach field. Sheet C4 depicts the location of
the siltation barrier, and the stockpiling area located outside the 100-foot buffer zone. A dewatering area and concrete washout area should also be included on the plan and located outside the 100-foot buffer zone. The applicant has done a thorough job investigating the impact of the building on this site and created a plan that should not negatively impact the wetlands adjacent to the property, or negatively impact neighboring businesses. MR recommends that the TCC approve this proposal and issue a Order of Conditions to include the attached special conditions, pending the receipt of a revised plan. Motion to approve the wetland line, BM, second RN, so voted. (NK back) Phil Cordeiro, Mr. Scott from Advanced Auto Parts, and Nicole Hayes, wetland scientist were all present. RC asked if they did test pits for septic, they did for infiltration, did not do analysis for septic, they didn’t feel it was necessary. RC said stormwater
regulations require 3 test pits, and he wouldn’t be comfortable approving this without that third test pit done. NK agrees with RC. Phil said he was hoping to do it at the time of construction because someone is living on the property right now and they didn’t wanted to have to go digging holes around the property while someone was still living there. RN was uncomfortable moving any further on this because it is still under a purchase and sales. BM asked if they agree to do the test pit at the time of construction, Phil Cordeiro said yes. RC also had a question at the water at the entrance, where it was going, the grade along that entrance, etc. RC asked if there was enough room for the 100 year storm, Phil said what will happen is the water will pond around the catch basins, and eventually go into the wetlands, after passing through the system. RN asked about snow removal, they will use the back northern corner, then it will
melt into the catch basins. RN would like to see this on plan, and the snow is not to ever be pushed into the wetland. Motion to approve with the stipulations snow removal/storage on plan, 3rd test pit to be done before construction and subject to the P & S with soil types and groundwater mounding, and the following special conditions 1, 2, 3, 4, 5, 7, 8, 9, 10, 15, 16, 17, 19, 20, 21, 24, 25, 26, and 27, RN, second RC, so voted.
3. Winthrop Street, St. Germain, (NOI), SE-2359 Motion to continue to October 20, 2008, BM, second NK, so voted.
Other Business
1. Take money from filing fund to pay for this Lake and Pond Organization membership. It is $40 to do as a group. RN feels we all should become a part of it. Motion to become part of this both as a group and a single member, RN, second MI, so voted.
2. MAAC Forum Conservation Connection. Have MR send a letter to sign us up.
3. MAAC. RN and RC going to attend.
4. Weir Street. Any update? MR has heard nothing. She notified owner 1 month ago. Motion to isuue a 21D tickets, to start tomorrow and send everyday, will start them from October 1, 2008 and continue on, RN, second BM, so voted.
5. Walker School request to use Weir Park. Motion to approve use of the park, NK, second BM, so voted.
6. Update on Poole Street issue. MR has contacted the Building Department.
(NK out)
7. Letter from Taunton River Watershed. It is about an application for a grant. Motion to approve the letter, BM, second RN, so voted.
(NK back in)
8. 100 Oak Street. No updates, no letter sent yet, MR needs authorization of funds first. Motion to authorize use of funds to send the letter, RN, second RC, so voted. RN wants to issue a 21D because they did not abide by the NOI, send it to MECO. He also wants it reported to DEP that no information from the monitors has ever been received. Motion to notify owner and start 21D process, RN, no second, motion fails. Under discussion, BM asked why fining? RN because they are not in compliance with the NOI, so they are in violation. Motion to send a letter to Andy Jones at DEP letting him know about the
issues out on the site of 100 Oak Street, RN, second BM, so voted. BM feels it would be better to have the owners and others involved with the property in again, before fining. Motion to request that the owner/Mr. Murphy/MECO come in and give the TCC an update on the property and what is going on out there, MI, second NK, so voted.
9. 91 Hart Street. Just a discussion on what went on at the council meeting regarding this site.
10. Juanita Gallagher present with some concerns. Was concerned about Advanced Auto Parts, MR will bring some of these concerns up at the DIRB.
11. MR wants to get permission to have the fields at Boyden cut once a year at the end of August. Motion to approve the cutting of the field at Boyden once a year at the end of August, RN, second BM, so voted.
12. Eagle Scouts. Motion to send a letter to Marilyn Greene about any Eagle Scouts wanting to use conservation land for projects, the TCC is fine with this, RN, second NK, so voted.
Motion to adjourn, BM, second NK, so voted. Meeting ended at 9:15 p.m.
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