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Minutes of the Taunton Conservation Commission September 14, 2009
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Robert Newhall, Renwick Chapman, and Steven Turner.
Motion to approve the minutes of August 24, 2009, RN, second NK, so voted.
Motion to go out of the regular order of business to give out a citation, RN, second NK, so voted.
Citation given to Zachary Wirth for his work done at the Boyden Sanctuary. He, along with fellow cub scouts, re-built the information board at the sanctuary. The TCC wanted to recognize him for the outstanding work.
Motion to return to the regular order of business, ST, second MI, so voted.
Certificate of Compliance
1. 590 Tremont Street, Martin, (COC), SE73-2148 On June 4, 2009, MR inspected the wetland replication area as well as the roadway at the new subdivision. The roadway was built in significant compliance to the Order of Conditions and all disturbed areas have recovered. The wetland replication has had three seasons of growth and has more than 80% wetland species growing. It is well connected to the adjacent wetland system, per the original plans. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, RN, second ST, so voted.
2. 75 Willis Pond Road, Heaney & Small, LLP, (COC), SE73-1641 A field report was read stating that this project was for the construction of a 16’ x 16’ sunroom on the east side of the house. The sunroom was constructed on sona tubes and there is no evidence of disturbance within the wetlands. All work was completed in significant compliance to the Order of Conditions. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, EE, second MI, so voted.
3. 100 Black Pond Lane, Noonan, (COC), SE73-2333 A field report was read stating that this project was for the construction of a new septic system and addition to an existing single family home. All work has been completed in significant compliance to the Order of Conditions issued on May 7, 2008. All lawn areas are stable and have been mowed a number of times. No disturbance to the wetlands was observed. MR recommends that the TCC issue a COC for this project. RC had a question on who signed the letter sent to the TCC? It was a Mr. Walker, a representative for the applicant. Motion to approve the COC
for this project, RC, second RN, so voted.
4. 609-611 Cohannet Street, Bairos/A.L.E. Realty Trust, (COC), SE73-1156 A field report was read stating that this project was for the construction of a duplex with associated grading and utilities. The Order of Conditions was issued on April 15, 1998, and is one of the older filings needing to be closed. All lawn areas are stable. Each half of the duplex is 26’ x 24’, with a deck for each unit. A stockade fence encloses each back yard. Work that falls within the 100 foot buffer zone includes both decks, a small portion of the left unit, and approximately half of the right unit, and the stockade fence. There is no indication of disturbance to the wetlands. Additional work was done that was not in the original scope of work. The decks can be considered minor alteration, and the fence is at the hay bale line and prevents disturbance into the wetlands. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, RN, second NK, so
voted.
RN wanted MR to make sure a letter was sent to all these applicants. MR said yes that is standard procedure. RN is concerned with these old COC’s, attorneys should be researching these things before closing on a property. Why isn’t this being done and these open COC’s being found. Motion to look into this, RN, second ST, RC opposed. 4-1 motion carries. MR said the attorney is supposed to do a title search and these things would come up. RN said it should be added to the order of conditions list when it comes up for renewal, have this as a condition so the TCC can make sure it is being done. MR will check this out. RC feels this really is none of the TCC’s business, it is a concern but not our jurisdiction.
Public Meeting
1. CSX Right of Way, CSX Transportation, (RDA), DSE-963 A field report was read stating that this project is to confirm the mapped wetland areas along the railroad right of way so that CSX can prepare a VMP to avoid impacts to those wetlands while performing their annual vegetation management. CSX is required to keep the tracks, switches and signal areas free of vegetation to ensure safe train passage. They use low-pressure herbicide application in keeping with an IPM program and follow the Massachusetts Rights of Way Management regulations under 333 CMR 11.00. This regulation prohibits application of herbicides near other
sensitive areas. MR reviewed the wetland areas shown on the maps and agrees with the markings. CSX will not apply herbicides within 10 feet of wetlands, so marked in yellow, and will not impact wetlands within 100 feet of the railroad right of way (blue markers). Because CSX uses low-pressure selective foliar herbicide application, in no case will herbicides be applied closer than 10 feet from any wetland or water body. MR recommends that the TCC issue a Negative Determination for this project. Steven ? was present representing the applicant. Motion to issue a negative determination for the project, NK, second EE, so voted. RN asked how long of a period does this last for? Steven said 5 years.
Motion to have RN step down for the first violation hearing, ST, second MI, so voted.
(RN out)
Violations
1. 272 Winthrop Street. TCC requested that the owner of the property be here tonight to discuss violations on the site. ST asked MR is she went out to this site? Yes, she went out first with ST, then a second time last week. The second time there were some issues, they are working on fixing these. She requested that they move the cars further away from the wetlands and buffer zone so there is less possible issues that may affect adjacent wetlands. MR said they were not moved earlier today but Mr. Dobeib just told her they were moved later on this afternoon. MR needs to go out and check this site again.
ST is comfortable with removing this violation, pending MR’s investigation of the site again. MI asked about oil leaks? No, none seen there. ST said the owner had hired a guy who went beyond what they had told him to do. When they saw it they told him to stop, when MR came out they got her permission to clean it up and they did. Mr. Dobeib is willing to work on it with MR.. MR said they did submit an NOI but its not quite complete yet. The man hired did scrape and move vehicles. MR asked them to do an NOI so the owner knows where he stands, where the boundaries are, and that everything is on the up and up. Motion to remove the violation, ST, second NK, so voted.
Motion for RN to come back in, ST, second MI, so voted.
2. 1601 Bay Street #404 No show. BM wants this guy in here, not just to fix the problem and be done with it. Motion to have the homeowner come in on October 22, 2009, RN, second ST, so voted.
Motion to go out of the regular order of business, ST, second MI, so voted. TCC spoke with the gentlemen from West Water Street, there was some confusion as to who was to be present at the meeting from this property and an adjoining one. Things were explained to them and they left with their information.
Other Business
1. 570 Somerset Avenue. Joe Oliveira the owner is present and Mike Lopes, the individual who did the work that lead to this violation. RN saw Lopes scraping an area near the fence about 10 feet from Cobb Brook. MR said she met with the zone enforcement officer and RN at the site. The area is scraped, buffer zone has been disturbed, and there is loam and mulch stockpiled too. There are also vehicles being stored there, unregistered. Joe is present because he is the owner but Mike Lopes is the one who did all this work. Joe has been letting Lopes store his trucks on his property as a favor to him, he knows his
family and was trying to help the kid out. BM asked Lopes is he had Joe’s permission to do this work? No. BM asked if he rents from Joe? No, no rent paid, just stores his trucks there. BM said plow, sander, and trucks looked to be stored in the buffer zone, within 25 feet of the brook. Joe asked if this area can be measured out so they know where they are out there? Yes. BM said to clarify they did not file, they are here because they did not file to do the work. Lopes said he originally backed over a stump, got ticked so started pulling it out. TCC doesn’t care if he is storing his trucks there or whatever. Joe said no, he won’t be from now on, it’s not just what he did but the city is now involved and they won’t allow it. RN said Lopes also brought materials back to this property from jobs he did. The owner would be held liable if these materials held any hazardous waste. You are supposed to have receipts of disposal etc., that’s what RN wanted to make him aware of.
Joe said Lopes asked to be able to park there, he said no problem as long as he kept it clean and did not work on the trucks there. Now he says whatever the TCC recommends then that’s it. MR said has options, can file with TCC, file an NOI to say this is what he wants to do there, stockpile loam (w/ documents of where it came from), put up a barrier that follows the brook-jersey barriers or some type of fencing that is 25 feet from the brook. This way the area and the brook are protected. The DIRB meeting will look into things like the unregistered trucks, they all need to be registered because they are commercial trucks with diesel fuel. MR will work with them. Recommendation to keep the violation on for one month. Motion to continue this for one month, October 19, 2009, come back and let the TCC know the progress, work with MR, ST, second RN, so voted.
2. Legal. Will Flanagan has been on vacation. TCC has no communication from him, will be back on Wednesday.
3. Trestle at Arlington and Dean Streets. Work completed. See Communication from Rick F.
4. 639 Middleboro Avenue. MR stopped at 629 but no one was home. RN have her the phone number.
5. Old Somerset Ave. Work completed at the culvert and work is continuing on the bridge. Both projects had booms in water.
6. 26 Shore Drive. MR met with Tony and Joe F last week to discuss what can be done about drainage. Got old plans of the area to show property lines. Will need to survey area and then tell DeCosta where his property ends. He will need to remove blocks so that people have access to water.
7. 274 Winthrop St. Discussed under violations. MR will go out and re-check.
8. 580 Somerset Ave. Discussed under violations.
(RC out)
9. 147 Winthrop St. Received references on Upham Landscape. Did reference checks and sent out a letter to Atty. Rounds requesting funds for consultant fee. No response. BM said unfortunately this is under court order and TCC cannot enforce a court order. MR wants to see this finally happen, but no money yet, good references here. RN said TCC never gave approval to a stamped plan, never ok’s a planting plan, etc. Motion to have the Mayor, City Solicitor Torres, Assistant City Solicitor Flanagan, and witnesses-Steve Gallagher, Juanita Gallagher and Sherry Costa Hanlon present on October 5, 2009 to
discuss things that have been said regarding 147 Winthrop Street, and what steps are to be taken in regards to this property RN, second MI, so voted.
(RC in)
Motion to adjourn, NK, second ST, so voted. Meeting ended at 7:57 p.m.
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