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Minutes of the Conservation Commission October 20, 2008
Minutes of October 20, 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 October 6, 2008 with the amendment that RN said if continued problems then the TCC may request they erect a fence, BM, second RN, so voted.
100 Oak Street. Ken present from MECO Environmental. They are working with an at Eco-risk assessor, and he is putting together his report. Human Health Assessment is next once that is done. They are moving ahead as regulated by the state. The Eco-risk assessor wanted to check a few other sites on the property, that will be another month before its all done. RN asked if there are any more monitors put out on the site, Ken said no. RN asked if there was any more information from these monitors, Ken said not yet, but the report will say what is going on with step one on cleaning up the site. The 6 months given by the TCC is up this month, but the report will be in soon. Ken also said more reports will be coming in on the affect on species, animals, aquatic life,
etc from the contamination on this site. RN asked how far their testing for contaminants had gone, Ken said not off property yet. One area has not been probed yet, the one right against the wetlands and it will be done in the next few months. BM asked if they had received any classification from DEP, they had, but Ken couldn’t remember what classification they had received. RN asked if the report would be in to the TCC by February, Ken said yes. Motion to table this until Robert Palmer, the owner’s son, arrives, RN, second BM, so voted.
(NK out)
Certificate of Compliance
1. Preservation Drive, Pacheco, (COC), SE73-1717 A field report was read stating that this project was to construct 50’ wide 488’ long roadway utilizing “country drainage” for stormwater management. The country drainage consists of a crowned road with shallow swales along both sides. The crown of the road slopes from 113’ at the entrance to 106.89’ at the end of the circle, and approximately a foot from the middle of the road to each edge. MR inspected the road with David Gay and observed that the siltation barrier is still up, all areas are stable, and that there has been no siltation into
the wetlands. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, BM, second MI, so voted. RN voted present.
(NK back in)
2. 4 & 6 Claffy Street, Bairos, (COC) SE73-2311 A field report was read stating that MR inspected this property today and recommends that this request for a COC be continued to November 17, 2008, for the following reasons:
*mulch pile behind silt fence needs to be removed
*small pallets behind silt fence need to be removed
*small patches of bare lawn need to be reseeded; and
*deck needs to be built onto concrete slab behind #4.
Motion to continue to November 17, 2008, BM, second RN, so voted.
Resume 100 Oak Street. Robert Palmer has arrived, the property owner’s son. The TCC explained to him the concerns they had with hazardous waste out there on the site. They told him how they were slightly mistreated by Mr. Murphy from Columbia Electric, but that the engineer was the one who really paid the price. TCC felt his mother could have probably picked a better representative. ST wants them both to keep in contact with MR and let the TCC know what’s going on out there. Report to TCC in one month, then another sent in 3 months.
New Public Meetings
1. 5 Lori Lane, Veira, (RDA), DSE-935 A field report was read stating that this project consists of a septic system repair to include removal of the current system, installation of the new system, and if needed, relocation of the water service. The system will be installed in front of the house, in the same location as the current system. A shed is located approximately 10 feet from the wetland. There is no documentation in our files, however, the shed does not pose any issues as long as gasoline is not stored there. The wetlands were flagged by Walter Hewitson on 9/12/08. MR is in agreement with the placement of
the flags and recommends that the TCC approve the wetland as follows: flags 7-12, and for reference purposes only, flags 1-6. A siltation barrier is shown at least 27 feet from the wetland. As presented the project should not negatively impact the wetland, therefore, MR recommends that the TCC issue a Negative Determination for this project. Motion to approve the flag lines, BM, second NK, so voted. Motion to issue a negative determination for this project, and if they ever decide to put up a new shed, they need to come before TCC first, BM, second NK, so voted. Under discussion, BM asked how long the shed was there, not sure but store a lawnmower in it, will tell the homeowner he needs to store it elsewhere starting tomorrow. RN asked how old the house was, not sure. RN would like to see the shed moved out of the 25 no touch. Brad said the homeowner needs to move it, he will just take it down completely. RN said that’s
fine but if put in another, they need to come to TCC first.
2. 450 Middleboro Avenue, Diocese of Fall River-Chancery, (RDA), DSE-936 A field report was read stating that this project is located to the right of the Taunton Housing Authority site and leads to the new Holy Family Parish Center. The applicant is proposing to ad a stone access road 2/3 of the distance from Middleboro Avenue to the rear of the foundation to service the overhead lines per the request of the TMLP. This area will remain pervious and will not create a negative impact to the restoration area (dark area on the plan). The access road will be out of jurisdiction for the first 215 feet. The remaining 200 feet
will be within 40 feet of the wetland and/or replication area. MR recommends that the TCC approve this plan and issue a negative determination. Representative Bob Balashi present. They need to put poles out there and the TMLP cannot put in the poles and lines without an access road. RN said it was fine as long as it remains only a TMLP access road, with a gate at each end. He is afraid cars may try to use it and sink. RN did ask why the TMLP is not doing underground lines. The applicant did not know. Motion to issue a negative determination with the applicant requesting the TMLP to put up a gate, BM, second NK, so voted. Motion to send a letter to the TMLP asking why they can’t put in a trench and underground cables, RN, second MI, so voted.
3. 16 Settler Road, Cotreau, (RDA), DSE-937 A field report was read stating that this site is located in the Colonial States mobile home park located on Lothrop Street. Number 16 is at the end of the cul-de-sac and is about 40 feet from the edge of the wetland. There is a stone wall between the wetland and the property, which is about three feet higher in elevation. The applicant proposes to install an aluminum paneled awning to cover the existing deck and driveway. Nine four foot footings will be dug by hand and filled with concrete. The awning will be approximately 26 feet from the edge of the wetland when
completed. The project as presented should not impact the wetland, therefore MR recommends that the TCC approve this plan and issue a Negative Determination. Motion to issue a negative determination for this project, RN, second BM, so voted.
4. 296 Winthrop Street, King, (RDA), DSE-938 A field report was read stating that this site is located behind the Dunkin Donuts and Burger King just after Joseph Warner Boulevard. This is an after-the-fact filing for the removal and replacement of an existing fence with a 6’ stockade fence along the back of the properties. All work was done by hand and did not negatively impact the wetland located within 10 feet of the fence. The project as presented did not impact the wetland, therefore MR recommends that the TCC approve this plan and issue a negative determination. Motion to issue a negative determination for
this project, RN, second BM, so voted.
Continued Public Hearings
1. Winthrop Street, St. Germain, (NOI), SE73-2359 A field report was read stating that this project is for the moving of a house from the front of the lot to the rear, construction of a garage, driveway, and culvert across an intermittent stream The driveway crossing to reach the upland area is considered a limited project under 310 CMR 10.53 and a 400 sf wetland replacement area has been provided. Additional flags were added to the wetland line per the request of Brandon Faneuf under ANRAD filing SE73-2259. Flags WFA36- WFA41 were present in the field. All flags that were recommended to be moved were moved and marked
with an “R”. In addition, Walter Hewitson, from 7/14/08 to 7/20/08, visited the site to collect documentation to overcome the perennial stream presumption per DEP requirements. Documentation was provided in the packet and is sufficient to change the designation of this stream from perennial to intermittent. MR recommends that the TCC do the following:
*approve the additional flags, WFA36 to WFA41, to extend the wetland line that was approved 5/07; and
*approve the change in designation of the stream from perennial to
intermittent.
The plan calls for a temporary width of 24 feet at the two crossings so that the house can be transported from its spot along Winthrop Street to its new location. Originally this plan was to have a final width of 20 feet for the driveway but was revised on 9/29/08 to show 16 feet per the recommendation of the City Engineer and MR. The proposed garage will be located 63 feet from the wetland and will have roof drains running into drywells. The house will be 60 feet from the wetland at its closest point, and will also have roof drains to drywells. The septic will be at elevation 70 at the base of a hill with a 2:1 slope and covered with jute mesh for erosion control. A siltation barrier is shown on the plan as the limit of work and will be at least 25 feet from the wetland,
establishing a 25’ Wetland Protection Zone (WPZ) per local by-law. A concrete washout area and dewatering area are shown on the plan and are located outside the 100 foot buffer zone. The 16-foot driveway with consist of recycled asphalt, considered pervious. As presented, this project should not negatively impact the wetlands or drainage of the land once the crossings have been established and the wetland replication takes hold. MR therefore recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. Motion to approve the wetland line RN, second NK, so voted. Motion to approve with a standard order of conditions with special conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 19, 21, 23, 24, 25, 26, and 27, RN, second NK, so voted.
2. 91 Hart Street, Paragon Meadows, LLC, (NOI), SE73-2340-Withdrawn. RN asked what about the issues that are still ongoing out there with water. ST asked new or old water issues. They are more so old water issues when stormwater management was not implemented yet. ST feels we should not close this, it should remain open. BM thinks the Abreau issue was before the violation, and that the violation was resolved/closed. ST asked if MR could research this. Motion to have an update on this on 11/17/08 on the violation and how the neighbors issues can be addressed, RN, second BM, so voted. RN does not want to
let this issue drop, the neighbors are still having trouble out there. BM thinks we should send them a friendly letter inviting them in.
New Public Hearings
Violations
1. 34 Shores Avenue. Have cleaned up issues and they are working with MR. Motion to remove the violation, RN, second BM, so voted.
1. 34 Shores Avenue, Silveira, (NOI), SE73-2360 A field report was read stating that this project is an after-the-fact proposal to re-grade the lawn, plant flowers and shrubs, remove two rotten trees, and extend the driveway to the property line. This filing was in response to an Enforcement Order issued on 7/30/08 for the work done without TCC permitting. Grading was also done on city-owned property and the Applicant has agreed to restore and reseed the area. Regrading the lawn and planting flowers and shrubs will not negatively impact the wetlands and cutting the trees that are dead will make the back yard safer. The
trees will not be stumped. The city land will be reseeded using a wetland mix. As presented, the project should not negatively impact the wetlands or drainage of the land. MR therefore recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. Motion to approve and issue a standard order of conditions with special conditions 5, 13, 16, 17, and 21, EE, second BM, so voted.
2. 295 Broadway, Tucan, (NOI), SE73-2358 A field report was read stating that this project is for the proposed construction of a garage/office building, detention basin, and a parking area within 100 feet of BVW. This project is located at the site of an existing used car dealership and tattoo parlor along Broadway, with a driveway leading to a lower level with a taxi office that will be removed. The wetlands are located along the rear of the property on the lower level with a noticeable 10 foot drop along the southwest corner. The wetlands were delineated by Earth Services Corp. on 5/1/08 with flags 1-15. MR is in
agreement with the placement of the flags and recommends that the TCC approve the wetland line, flags 1-15. A concrete washout area and dewatering area are depicted on the plan on the upper level outside the 100 foot buffer zone. A siltation barrier is shown as the limit of work and will be at least 25 feet from the wetland, establishing a WPZ per the local by-law. The majority of the work on the upper level of the lot is outside of the 100- foot buffer zone. The proposed parking lot at the southwest corner will have a berm around the edge, stormwater flow will be directed to the catch basin adjacent to the proposed landscaped area, and the snow removal area will be in the corner, within the buffer zone but will not impact wetlands because of the berm and pitch of the parking lot. A detention basin is proposed in the northeast corner of the lower level. The bottom elevation is at elevation 80 with inverts from the drainage manholes entering each
forebay at elevation 81. The proposed flow control is at 80.5 and flows through a 30’ 18’ RCP to a riprap spillway at elevation 82.75. On sheet 2, the plan calls for 4” topsoil, however the local by-law requires 6” topsoil. The City Engineer has reviewed the plan and drainage report and states that according to the new flood insurance maps this area is not in the 100-year flood zone. All other concerns have been addressed. This project will again be reviewed by DIRB on Tuesday 10/21/08. The proposed building in the lower section will have office space as well as a vehicle repair area. A hazardous materials area will be located inside the building in the southeast corner. Roof runoff will go into drywells. The project will have landscaping buffers as required by the City’s Zoning ordinance. As presented, this project should not negatively impact the wetlands or drainage of the land. MR
recommends that the TCC approve this plan and issue an Order of Conditions to include the attached special conditions. Motion to approve the wetland line, RN, second BM, so voted. RN asked what kind of repairs? Paul Patnaude said maintenance of his own vehicles. RN asked oil changes, etc.? MR and PP said DIRB will go over all that. Motion to issue a standard order of conditions with special conditions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, and 27, MI, second RN, so voted.
Other Business
1. Letter from Eagle Scout Zachary Wirth. Needs ideas for projects for his badge for Eagle Scouts, wants to work in Boyden. Marilyn Greene sent a letter too, she will meet to help him with this also. MI, RN, and ST will also help where they can. RN wants a letter sent to scouts of the area that the TCC would like to know if any have projects they need to do, they will receive help from TCC with things if needed.
2. Letter from Kevin. Revisions to the TCC local ordinance/filing fees. RN is all doubled he’s afraid people will be discouraged to come forward and file. ST said if we need to raise the fines ok, if not then he would rather not. RN is this is a way to raise money, then lets collect some of the fines we have out there. ST wants to make this a public hearing on 11/17/08 and by then all of the TCC will have done their research on this and will be ready to vote. RN thought the state regulated fees? MR said no not with the local by-law fees. RN feels this is a mistake to do this now with the
financial issues we are all currently dealing with.
3. East Whitehill Street. Jersey barriers out there have been moved. Heavy equipment is out there. RN wants to know who gave them permission, MR figures the city probably did. RN wants to know who authorized and why they were authorized. Trash is now being dumped there again and its all different construction guys not just one company. Send a letter to the DPW, have an update at next meeting with who did it, why, and from now on let the TCC know when these types of things are happening.
4. Weir Street. MR still sending tickets. Eventually this will go to court (21D means 21 days of tickets before a court case). The owner will be notified and the judge will notify the TCC, when something occurs.
5. Rosewood Drive/Circle. Jersey barriers and land cleared with fill dumped there. MR will get an update back to the TCC.
6. 147 Winthrop Street. Motion that they be held to the highest accoundability ad anything that comes back on this property, meaning contempts, etc., the TCC is in favor of anything like that, BM, second RN, so voted.
Motion to adjourn, BM, second NK, so voted. Meeting ended at 8:45 p.m.
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