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10.05.09 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission October 5, 2009

Present:  Chair Brian Marques, Commissioners Marla Isaac, Ernest Enos, Robert Newhall, and Steven Turner.  Vice Chair Neil Kelly arrived at 7:05 p.m.  Absent:  Renwick Chapman.

Motion to approve the minutes of September 28, 2009, MI, second ST, so voted.

147 Winthrop Street
Motion to go into Executive Session, MI, second ST, so voted.
MI-yes, EE-yes, RN-yes, ST-yes, and BM-yes.
(NK arrived 7:05 p.m.)
Out of Executive Session at 7:35 p.m., one motion made in the session.  

Certificate of Compliance
1.      Kimberly Road, COT-DPW, (COC), SE73-2400  A field report was read stating that this project was for the emergency replacement of three existing catch basins and associated drainage piping, as well as the installation of a rip rap lined stilling basin at the end of the discharge pipe.  This work was done in significant compliance to the order of conditions issued on 7/15/09.  All areas are stable, the road is paved and sealed, and all catch basins were cleaned after the work was completed.  The stilling basin is in good order and the adjacent wetlands are recovered.  MR recommends that the TCC issue a COC for this project.  RN asked if all stable?  MR said yes.  RN asked if hay bales were out?  MR said yes.  Motion to approve the COC for this project, ST, second RN, so voted.

(NK out)
2.      1 Washington Street, Mill River Professional Center, (COC), SE73-2332  A field report was read stating that this project was for the construction of a 13,225 square foot CVS Pharmacy and drive thru, including the construction of a parking lot, utilities, retaining wall, stormwater management system, and landscaping.  All work has been completed in significant compliance to the order of conditions issued on 5/22/08.  All landscaped areas are stable, the parking lot surface is sealed, and all slopes along the retaining wall are stable.  All catch basins are in good condition.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC for this project, ST, second RN, so voted.  Under discussion, RN asked if the stormwater is connected to the stormwater with Mill River?  Engineer answered yes.  RN asked if all the catch basins were cleaned?  MR said yes.  RN asked if the City Engineer ok’d this?  MR said no she looked and checked.  RN said there should be a letter from the engineer on something like this and be put in the file.  

(NK back)
3.      126 Harvestwood Drive, Moniz, (COC), SE73-1169  A field report was read stating that this project was for the construction of a breezeway, garage, and 12’ x 12’ deck.  All work was done in significant compliance to the order of conditions issued on 7/8/98.  The lawn area is stable.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RN, second MI, so voted.  

Public Meetings
1. 126 Harvestwood Drive, Moniz, (RDA), DSE-967   A field report was read stating that this project is for a 30’ x 22’ addition on the west side of the house.  This area is currently established lawn.  The addition will not be within the 100 foot buffer zone of the BVW but will be 185 feet from the Three Mile River.  The south corner of the addition will result in approximately 161 square feet of alteration to the Riverfront Area.  The project as presented will not negatively affect the resource areas, therefore MR recommends that the TCC issue a negative determination for this project.  Motion to issue a negative determination for this project, RN, second ST, so voted.  

Motion to have MI step down, ST, second RN, so voted.

2. 9A & 9B Wilson Street, Murteira, (RDA), DSE-966  A field report was read stating that this project is for the replacement of a failed septic system with a new 1500 gallon septic tank, distribution box, and six flow diffuser leaching chambers.  The system will be placed in the same location as the existing system with no change to grading or elevation.  A BVW exists along the property to the north and circles around to the east within a depression on the adjacent property.  The work will be 50 feet from this wetland.  A siltation barrier along the driveway is depicted on the plan.  The work as proposed should not negatively impact the adjacent wetland, therefore MR recommends that the TCC approve this plan and issue a negative determination.  Representative said it’s a voluntary upgrade.  Motion to issue a negative determination, with the requirement that a letter be sent to the TCC from the Board of Health and placed in the file, ST, second RN, so voted.  

Motion to have MI come back in, ST, second RN, so voted.


Amendments
1.      Field Street, Griffith/Creative Homes, (Amend), SE73-2395  A field report was read stating that the applicant is wishing to expand the lawn/yard area in the rear of the property and increase the size of the house.  He is proposing to cut down 5 of 7 trees to increase the backyard.  The trees to be cut are shown on the revised plan dated 9/11/09.  The two trees to remain are closest to the river.  The area to be altered is outside the flood plain.  Total approximate alteration is 4,834.6 square feet.  The applicant is allowed up to 5000 square feet of alteration within the riverfront area (310 CMR 10.58(4)(d)1.a.) with a minimum of 100 feet of undisturbed riverfront area (the closest point is 130 feet from the river).  The order of conditions for this project was issued on 6/24/09.  The first amendment was issued on 9/9/09.  The changes to the plan from the previous amendment include:  1. 22’ x 22.3’ garage (.3’ larger) with none of the garage under the house, 2. 2820 square feet of lawn in the rear, 3. essentially a 1152 square foot house (previous house was 704 square feet), 4. the deck will now be 14 feet compared to 13.3 feet, and 5. front porch will be smaller.  The work remains very close to the 25 foot WPZ along the east side of the house.  It is very important that the siltation barrier be clearly and concisely set in the field.  The project as amended should not negatively impact the resource areas, but accurate placement of the siltation barrier is imperative.  MR recommends that the TCC approve the project changes and issue an amended order of conditions to include the previous special conditions.  Motion to approve the amendment, ST, second NK, so voted.


Public Hearings
1.      Frazier Pasture Road Lot 4, Hawthorne Development, (NOI), SE73-2409  A field report was read stating that this project is for the construction of a single family home, with garage, septic system, driveway, utilities, and associated grading.  This lot is located at the end of the cul-de-sac and has two wetland areas on the lot.  The closest wetland was re-flagged last week.  MR had originally reviewed this wetland two years ago to check on whether or not it was a vernal pool.  There were no indicators suggesting that it was a vernal pool.  It is an isolated vegetated wetland and is defined by flags IVW1-IVW13.  MR recommends that the TCC approve the wetland line as follows:  IVW1-IVW6, and IVW10-IVW13.  A siltation barrier is depicted on the plan and should be considered the limit of work.  The barrier comes within 15 feet of the wetland at flag IVW2.  A 10’ x 12’ deck will be located in the rear of the house.  The septic system will be located in the front of the lot, with the house and garage to the rear.  The closest work to the wetland will be grading along contour 80 (25 feet from flag IVW2).  Roof drains must go into dry wells.  A concrete washout area must be depicted on the plan outside the 100 foot buffer are.  MR recommends that the TCC approve this project and issue an order of conditions to include the above recommendations and the attached special conditions.  Motion to approve the wetland line ST, second RN, so voted.  Craig and John present representing the applicant.  The told the TCC that the lot is at the end of the cul-de-sac, it slopes gently, it’s a single family dwelling 38 x 26, proper septic design in the front yard, they did soil tests pits.  The house is close to the road and as far away from the isolated wetland as possible.  Roof drains to drywells, the driveway has a high point so no road run-off.  NK asked if there will be a retaining wall?  Yes but is needs to be approved by the Board of Health, they are still waiting.  NK said they need to send in the letter when they receive approval for the retaining wall.  RN no snow removal on plan, needs to be added so snow is moved where it won’t run off into the wetland.  Motion to approve with the standard order of conditions with special conditions 1-5, 15-17, 19, 21, 23-27, and 28-snow to be moved off to the right, ST, second NK, so voted.

(RN out)
2.      Winthrop Street, Conway, (ANRAD), SE73-2410  Motion to continue to November 2, 2009, NK, second ST so voted.
(RN back in)

Other Business
1.      Soccer Field at Coyle-Cassidy High School.  Gary Lopes submitted a letter requesting permission to remove evasive plants, construct a soccer net, and loam and seed.  These plants will be cut twice a year by the school.  Motion to approve Lopes’ plan, have MR monitor the work, they need to contact MR before they begin, ST, second NK, so voted.  BM asked do we normally approve w/out filing?  MR said they should file but the TCC has done it before for churches, schools, etc.  
2.      Conservation Agent’s Report.  
1.      Somerset Avenue Roadwork.  MR’s report explained what was going on out at this site.  
A.      Side walls are in and the side of the brook are stabilized at this time.  She is concerned that they will become destabilized over time.  She was expecting rip rap w/ fabric under per MassHighway specs.  Some work remains to be done once they are finished with the road.  
B.      The pile of soil was moved from the original staging site to Ducharmes on West Water Street without notification to MassHwy or this office.  RN and MR met with Gary Dixon and were on the phone w/ John Rezendes, Pailini, as well as at Ducharme’s site.  An agreement was made that the soil would be put into lined containers until they were shipped out.  Awaiting documents from John.
BM said if there is a violation, bring them in.  If problems continue, bring them in.  MR said they did put boulders in to stabilize with soil on top, they still need to survey because its close to the property line of the house.  Gary did fix it and they felt it better to stabilize it this way instead of destabilizing it first.  BM said if they are not violated, they won’t fix it, so violate them and get them in here to talk.  RN said there is no silt protection so if we are going to violate them, we would need to go back to last week.  BM said but have all those violations been fixed?  Yes, so BM said we may not be able to violate them for those.  ST said we can violate after the fact, RN agreed.  BM said if we just go out there and tell them the TCC would like to talk to them, they won’t show.  MR said she knows Gary would show up.  RN said there was an agreement that they take the soil cover it, etc.  They did not follow through, they just moved it and they can’t just move soil like that.  It could have contaminants in it, who knows.  First they moved it to Ducharme’s with no permission, then to Ventura’s again without permission and when he found out where it came from he said get it off my property.  RN said Gary did what was asked, put soil in container on staging with a cover.  Next thing they know, its gone.  BM said send a friendly invite to have them come in and meet on 10/19/09.  Motion to send a letter to all parties involved to be at the TCC meeting on October 19, 2009, ST, second MI, so voted.
3.      Sabbatia Lake.
A.      Cofferdam
1.      DEP issued an Emergency Certification to modify the temporary dam per a settlement agreement with the Attorney General’s office and DEP.  
a.      On Friday, a second water control gate was added so that water could be lowered so the additional 16 concrete blocks can be removed.
ST asked if the blocks are staying there or being moved from where they are currently on land?  A letter will need to be sent to find that out.  Motion to send a letter to find out what is going to be done with the blocks, ST, second RN, so voted.  Motion to send a letter to DEP for an update on the fines, are they still accumulating, where does is stand now (amounts and status), ST, second RN, so voted.

4.      Request for money to pay for certificates and holders for the Bent award.  
A.      $9.56-discounted price.

Motion to approve the money to pay for the certificates and holders, EE, second ST, so voted.  Motion to hand out the Bent Awards on November 19, 2009, NK, second ST, so voted.

5. Sub-Committee.  BM wants to get a group of citizens involved to fix up Boyden.      
Work would not commence until the spring, get together soon to plan, and walk it to see what’s appropriate to fix up.  BM took a list of names of who to call to get involved.  Paul Patnaude, Gary Lopes, Friends of Boyden, Audubon Society, Neighborhood Corp (Barbara Cardoza), Mayor’s Office, AGAR, and TMLP.  Those were the ones listed so far, more to be added.  MR was asked to send BM the phone numbers and he’ll contact those listed.  Will be scheduling a meeting for December.

6. Kilmer Avenue & Bliss Street.  RN said rip rap could not have been done correctly because weeds are growing through.  The representative said if there was a problem they would come back and fix it.  The same for across the street where they did some work.  Motion to have MR go out and check these two areas, contact BETA if needed because they are responsible, ST, second RN, so voted.

7. Construction.  RN concern with paving over storm drains and manhole covers.  He is having issues with poorly done work all over the city.  Something needs to be done about this.  


Motion to adjourn, ST, second NK, so voted.  Meeting ended at 8:50 p.m.