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Minutes of the Taunton Conservation Commission December 1, 2008
Present: Chair Steven Turner, Vice Chair Brian Marques, Ernest Enos, Renwick Chapman, Robert Newhall, and Neil Kelly.
Commissioner Marla Isaac was absent.
Motion to approve the minutes of 11/17/08, BM, second RC, RN voted present, so voted.
Certificate of Compliance
1. 988 Crane Avenue South, Hayes, COC, SE73-1965 A field report was read stating that this filing was to construct a 24,400 sf building expansion with associated pavement and utilities to an existing metal fabrication facility. Stormwater would be handled by roof drains directed to a detention basin. All work has been completed in significant compliance to the Order of Conditions issued on 10/08/04. All areas are stable, landscaping is complete and the detention basin is in good working order. The inlet and outlets are not in need of maintenance at this time but will most likely need to be cleared at the end of next
year. The adjacent wetlands are intact with no indication of siltation from the construction. MR recommends that the TCC issue a COC for this project. Representative Jon Connell was present. Motion to approve and issue a COC for this project, BM, second NK, so voted.
New Public Hearings
1. 34 ½ Briggs Street, Wells, ANRAD, SE73-2366 A field report was read stating that this filing is for the approval of wetland delineation, to include bordering vegetated wetlands, rivers and streams, ponds and other resource areas that may occur on the lot. This is a 4.53 acre narrow parcel of land accessed off Briggs Street. The property has two floodplain areas and Cobb Brook is located near the western property line. The floodplains are depicted on the plan. A bordering vegetated wetland was delineated by Walter Hewitsont on 11/11/07 and runs northwest to southeast along the southern property line. Flags
were numbered WF1-WF42. Earth Services Corp. delineated Cobb Brook at top of bank (MAHW) using flags marked ESC1-ESC8. MR reviewed the flags today and agree with their placement. MR recommends that the TCC approve the delineation as follows and issue an Order of Resource Area Delineation (ORAD): flags ESC5-ESC8, flags WF1-WF11, WF16-WF17, WF19-WF22, WF31-WF41, and for reference purposes only flags ESC1-ESC4, WF12-WF15, WF18, WF23-WF29. Representative Paul Patnaude was present. Motion to approve the wetland line as read in the field report, BM, second NK, so voted. Abutters spoke on the hearing. Joe Costa from Knight Street was just wondering what they were doing out there, and wanted to see the line. Mr and Mrs. Dennan from 40 Briggs Street were just concerned with what was going on out there, if it would affect their property and to see the line.
Continued Public Hearings
1. Field Street, Lozinski, NOI, SE73-2361 A field report was read stating that on 11/12/08, MR visited the site to review the location for the driveway and review the ditch mentioned at the meeting on 11/3/08. Also, in the field were Marla Isaac, Bernard McDermott, Paul Patneaude, Robert Taylor, James Lavender, and Michael Lozinski. It was clarified that the ditch was on the Lozinski property. There was a concern about the 30’ easement to Lot J would sometime in the future be made an accessible easement. It would not be possible as the ditch clearly runs along this easement and the entire length is within the
wetland. Mr. McDermott was concerned that people trying to get to the conservation land on Lot J would then walk on his property. It was made clear to the developer that this would not be an option, and he was in agreement. The driveway can be moved enough to get some work space between the haybales and the edge of the drive. A revised plan was received on 11/14/08, and shows the ditch and contours as requested by the Commission. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. Representative Paul Patneaude was present, as well as Bob Taylor and Michael Lozinski. The spot elevations are on the plan, as requested by RC. RN was concerned about the road being too tight with snow, asked if there was any way to put in a couple of cut outs for pulling off. It was decided and agreed upon by the applicant to put two pull offs on the property, one at 95 contour, and
on Lot 2H, right beside Lot 2E lot line. Motion to approve and issue a standard order of conditions with special conditions 1, 2, 3, 4, 5, 6, 7, 16, 17, 19, 21, 25, 26, 27, and added conditions 2 pull offs measuring 5’ x 20’, one right at 95 contour and at Lot 2H right beside the 2E lot line, and no salt or chemicals of any kind to be used on the driveway, and the driveway to be graded so it pitches to the left (right side higher) and put in a 10 inch pipe in the proximity of the front of the property near the beginning of the property, RC, second BM, so voted. Abutters spoke on the project. The Lavenders from 128 Field Street were upset about a letter they received from Field and Stream Realty limiting who could go on the site walk, and about the grade of the driveway, but that was taken care of with the grade made towards the left.
Violations
1. 655 West Water Street. RN said DEP told him how bad this property is, violations should be sent out and letters sent to DEP and the EPA. Things are not being done right out there and enough is enough. MR has already spoken with the owner about the driveway and told him she was pushing for it to be an emergency driveway only. The owner has never met with DIRB, DPW, or the Building Department. Motion to continue to the first meeting in January 2009, want the owner here to tell TCC what is going on out there and what is being brought onsite there, BM, second RC, so voted.
Other Business
1. Set Next Year’s Meeting Schedule. Motion to approve the calendar for 2009 as follows: January 12 & 26, February 9 & 23, March 9 & 23, April 6 & 27, May 4 & 18, June 8 & 22, July 13 & 27, August 10 & 24, September 14 & 28, October 5 & 19, November 2 & 16, and December 7 & 21, BM, second NK, so voted.
2. Letter from Attorney Gay regarding 91 Hart Street. RN was upset with this attorney for comments made during a City Council meeting. He does not even want to consider anything with this property because what was said was disgraceful and untrue. MR said it doesn’t matter the TCC did not accept the withdrawal. BM said we do have to accept it. RN disagrees with this. ST said we can vote to rescind it even if the TCC did accept the withdrawal. He feels its good to have them come back, then we can make them fix current problems out there before they continue with this. BM said the reason the TCC didn’t accept their withdrawal was because we wanted them to fix things out there first. The board cannot take things personally, they need to act professionally. Motion to have the applicant come in to the meeting on December 15, 2008, have MR get the City Solicitor’s opinion on this before the TCC considers this letter, RN, second RC, Chair questions the vote, show of hands. 3
in Favor, 2 opposed, Motion carries 3-2.
3. Myrtle Street. RN said work being done out there but mud running into people’s yards, residents complaining. MR said haybales and silt socks are there in place and cleaned up. RN they should have to clean the culvert too. MR they are going to clean it, there’s been a blockage in that culvert for years. RN there is equipment on private property, on part of the bank of the brook. ST said Don Delassandro, the project manager is very safety oriented and would not do sloppy work. When ST was out there he did not see equipment on private property, but it is a tight area. RN is mad they said
they were going to do something and they did not. He wants it in writing that they will fix the brook. MR it is a drainage ditch that has been called a brook, all the drainage from all these streets runs into it. MR said its all within the 100 foot buffer.
4. Kilmer Avenue/Bliss Street. There was a discussion about the work currently being done out there.
5. Motion to go into Executive Session, BM, second NK, so voted. Roll call vote taken: NK-yes, EE-yes, RN-yes, RC-yes, BM-yes, and ST-yes. Back from Executive Session at 9:39 p.m. No motions made, no votes taken during Executive Session.
6. Kilmer Avenue/Bliss Street. Have MR check into if its private property or an easement.
7. 70 Weir Street. MR hasn’t heard anything. Motion to get in touch with the owner and let her know if things aren’t done, TCC will fine her and the fines will go back to when she last made an effort to take care of things on the property, RN, second BM, so voted.
Motion to adjourn, BM, second NK, so voted. Meeting ended at 9:50 p.m.
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