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Minutes of the Taunton Conservation Commission November 17, 2008
Present: Chair Steven Turner, Vice Chair Brian Marques, Ernest Enos, Renwick Chapman, Robert Newhall, Marla Isaac, and Neil Kelly.
Motion to approve the minutes of 11/3/08, BM, second RN, so voted.
Certificate of Compliance
1. Staples Street, Bruce, LLC, (COC), SE73-1643 A field report was read stating that this project was to construct five detention basins with associated site grading and erosion control measures. These were built in conjunction with the roadway for Powhattan Estates. MR inspected all catch basins and detention basins on 9/30/08 and made a number of recommendations prior to receiving a Certificate of Compliance. MR re-inspected all catch basins and detention basins today and finds that all recommendations were completed as follows:
1. The detention basins at the end of Tyashk Street are good. Repairs were made by the owner of 1 Tyashk St. MR recommends that all inlets and outlets be cleaned. DONE
2. Pocasset Place: There are pieces of board inside the basin on the northeast corner. MR recommends that this catch basin be cleaned. DONE
Detention ponds off Powhattan Drive:
3. Detention pond 2A: There is a board partially blocking the outlet. MR recommends that the board be removed and the area in front of the inlet and outlet be cleaned. DONE
4. Detention Pond 2B: MR recommends cleaning the areas in front of the inlet and outlet. DONE
5. Detention Pond 2C: MR recommends cleaning the areas in front of the inlet and outlet. DONE
Detention pond behind 75 Meeshawn Ave:
6. Detention Pond 3: MR recommends cleaning the areas in front of the inlet and outlet. DONE
All areas are stabilized. MR recommends that the TCC issue a COC for this project. Mr. Malloch was present as a representative. Motion to issue a COC for this project, BM, second RC, so voted.
2. 4 & 6 Claffy Street, Bairos, (COC), SE73-2311 A field report was read stating that MR re-inspected this property today and all recommendations made in her field report dated 10/17/08 have been met. All areas are stable, the deck has been constructed behind #4, and the mulch was removed from behind the silt fence. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, BM, second MI, so voted.
3. 97-99 Longmeadow Road, Figueiredo, (COC), SE73-2266 A field report was read stating this project was to construct a two family with septic, driveway, utilities and associated grading. All work has been completed and the lawn in the back is stable. The only areas of concern are the front and side lawn which have not been fully established and area still considered “unstable”. MR recommends that the TCC continue this to a “date certain” in order to give the lawn time to grow in and stabilize. If this property is ready to be sold and the COC has not been granted, a letter of recommendation will
be written describing the work required before the COC is issued and the date of the hearing. Steven Figueiredo was present and disagreed with MR’s report. He is concerned because they have a buyer for the side with the lawn stability issue and if anything holds the sale back the potential buyer will walk away. Mr. Figueiredo’s real estate agent thinks something like this will affect the sale. RN said he can still get a letter from the TCC that says this is to be done in 6 months. RC said he has no problem issuing a COC for this because it is not a steep slope, mostly flat. MR said there is an area where there is a deeper rut and more erosion. ST said the TCC could put in a stipulation that he come back and do it when the season is right. If the COC is issued then the TCC can’t hold him to this, but ST would take him on his word. Mr. Figueiredo said he would go back, that he is young and plans on doing this for
a while, so the TCC will see a lot of him, and he will keep his word and go back. Motion to issue a COC for this project, BM, second RC, MI and RN opposed. 3 in favor, 2 opposed, motion carries.
4. 97 Ingell Street, Mandile, (COC), SE73-2327 A field report was read stating this project was to excavate and dispose of a limited volume of nickel impacted soils in a small area behind the building and within 25 feet of a bordering vegetated wetland. MR inspected this site on 11/10/08, and found that the area is still considered unstable per our by-law, that is, it has no grass growing in the area. MR also noticed that there seems to still be some foreign matter still present on the site in these areas. MR has left messages at Sage Environmental regarding these issues but has not heard from them. MR recommends that
this be continued to a “date certain” to ensure that the area is stabilized and that all contaminated soil has been removed. Motion to continue to December 15, 2008, with a letter to be sent to the occupant stating that they be present at this meeting, BM, second RN, so voted. (NK arrived) Motion to check the site for compliance with the order of conditions and come back with a report, have the occupants bring the TCC information on what materials were removed, what was in the material and where was the material brought (receipts), RN, second MI, so voted. MR said there is not necessarily a violation there. It won’t go anywhere, it is a flat area, and the material has been removed. ST wants receipts for the removal of the material. RN want to know what material was removed and to where. RC asked if it was part of the order of conditions. MR said it is required when dealing with hazardous materials on a
site.
New Public Hearings
1. 253 Plain Street, Rogers, (NOI), SE73-2363 A field report was read stating that this project is to construct a 40’ x 60’ storage garage, with associated grading, within 100 feet of a BVW. A wetland line verification is also requested. MR visited this property on Monday and reviewed the wetland line and the proposed location for the garage. The wetlands were delineated by Walter Hewitson on 7/23/08, using flags 1-32. MR is in agreement with the placement of the flags and requests that the TCC approve the flags as follows: flags 2-32, and flags 1and 32 for reference purposes only. The garage will be
located in the rear of the property near an existing shed and at its closest point will be 35 feet from the wetland at flag 9. The closest work to the wetlands will be grading, at 30 feet. Roof drains are shown going to drywells. A dewatering area, and stockpile area are also shown on the plan. A siltation barrier is depicted on the plan and should also be noted as the limit of work. MR also recommends that a concrete washout area be shown on the plan. The project as proposed should not create a negative impact to the adjacent wetland, therefore MR recommends that the TCC approve this plan and issue an order of conditions with the attached special conditions. Motion to approve the flags as read NK, second MI, so voted. The washout area is the same as the dewatering area. The owner will store a motor home, boat and jet skis in this garage. RC would like to see it loamed and seeded after construction, told this is in the
order of conditions. RC asked about the drywell, is it 1 foot deep? Yes. RC would like to see it 2 or 3 feet deep, would go with 2 feet deep. RN asked how many trees? No major trees, less than 2 inches in diameter, mostly shrubs and brush. There will be some fill to minimize grading, RC would like to move sedimentation fence to roughly the 25 foot no touch. Motion to approve with a standard order of conditions with special conditions 1, 2, 4, 5, 8, 9, 15, 16, 17, 19, 21, 23, 24, 25, 26, and 27, with a revised plan, and sedimentation fence moved to the 25 foot no disturbance line, MI, second BM, so voted.
2. 74 Linden Street & Johnson Street Garantino, (ANRAD), SE73-2365 A field report was read stating that this filing is for the approval of a wetland delineation at the above address. The wetland line was flagged by RIM Engineering on 9/22/08. MR walked the wetland line on Monday, 11/10/08. The wetland is located in the rear of the property and the land looks to have been cultivated in the past. There is one area just east of flags WF3-WF7 that was holding about 4 inches of water. The soil has been greatly disturbed and does not clearly show to be hydric, and the entire field has patches of sphagnum moss
growing. MR would not recommend moving the flags. MR is in agreement with the placment of the flags and recommends that the TCC approve the delineation as follows: flags WF2-WF23, and flags WF1 and WF24 for reference purposes only. MR recommends that an ORAD be issued to the applicant. Eric Chartier a representative for the applicant was present. Motion to issue an ORAD, RN, second RC, so voted. It was discussed that the intention was to eventually put in housing units on this site. An abutter John Rice, who abuts the property asked questions because the road would be right next to his property. He was asking how close the road would be to his property, he was told 20 feet. ST would feel better is the road was moved as far from Mr. Rice’s property as possible. BM asked Mr. Chartier to make sure when he sits down with the applicant and the engineer, that he makes sure he tells them the TCC already voiced concerns
about the road and perhaps moving it.
Continued Public Hearing
1. 147 Winthrop Street, Friere, (NOI), SE73-2336 Motion to continue to the first meeting in February, BM, second NK, so voted. ST feels MR should contact Will Flanagan and strongly recommend that someone from the Law Department contact Mr. Camara. A letter should be sent to the Law Department urging them to do these things. Motion to have MR write letter to Will Flanagan to look into Mr. Camara being in town, EE, second NK, BM opposed, motion carries.
By-Law Filing Fee Discussion
NK feels it would be a disadvantage to the people if the TCC doubles rather than perhaps a slight increase. ST said he may go for increasing the fees slightly but not doubling them. RN said that the TCC should have done it when we were in the building boom, not now when everyone’s hurting, this is not the time to do it, feels there should be no change. On the page listing the recommendations for the local filing fee increases I numbered the items 1-8, and have listed each motion on them in that order. 1. Motion to stay the same, RN, second NK, so voted. 2. Motion to stay the same, RN, second NK, so voted. 3. Motion to stay the same, NK, second RN, so voted. 4. Motion to stay the same, NK, second RN, so voted. 5. Motion to stay the same, NK, second RN, so voted.
6. Motion to stay the same, NK, second RN, so voted. 7. Motion to stay the same, RN, second NK, so voted. 8. Motion to stay the same, RN, second NK, so voted. Motion to have MR send a letter to the Gazette that in hard times, the TCC opted to keep their filing fees the same instead of a proposed increase, NK, second RN, so voted.
Other Business
(RC stepped down)
1. Morey’s Dam. TCC needs to vote to ratify an emergency certification. Motion to ratify BM, second NK, so voted.
(RC back in)
2. MR’s membership in professional organizations. Motion to approve paying for these, NK, second MI, so voted.
3. Database. Motion to approve the removal of $8000.00 out of account to pay for
Cost of this, BM, second EE. 4 opposed, 2 in favor, motion does not carry. Motion to continue this for a month and have Kevin get in contact with the other departments that use this database too, RN, second NK. In favor 4, opposed 2, motion carries.
4. Calendar of 2009 Meeting Dates. Motion to continue to December 1, 2008, NK, second RN, so voted.
5. Letter/Ordinance regarding ATV issues. Letter/Ordinance sent to the TPD, authorizing them to deal with the ATV issues on Winthrop Street, and also at the Boyden Colony.
6. Next meeting vote on Chair and Vice Chair.
7. 70 Weir Street. RN is concerned that when a heavy snow comes, this building will topple right in to the river. This will be put on hold until December 1, 2008, then the TCC will go from there and take action.
8. West Water Street. Send a letter to the owners/occupants that they need to be at the TCC meeting on December 1, 2008.
Motion to adjourn, BM, second NK, so voted. Meeting ended at 9:00 p.m.
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