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4.12.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission April 12, 2010




Present: BM, ST, MI, EE, DB, and RC.
Absent: NK
NK arrived at 7:15p.m.

Motion to approve the minutes of the meeting on 3/22/10, DB, second MI, so voted.


Girl Scout Troop Presentation
Girls want to plant pine trees at Boyden.  Motion to approve the planting of pine trees at Boyden, ST, second DB, so voted.  Girls were asked to come back when they are finished with an update and pictures.


Certificate of Compliance
  • 50 Williams Street, COT-Bldg., (COC), SE73-2233  A field report was read stating that this project was for the reconstruction of the existing track and field with associated grading and utilities at Taunton High School.  All work has been completed in substantial compliance to the order of conditions issued on 2/1/07.  There is no indication of siltation into the wetland area.  MR recommends that the TCC issue a COC for this project.  Motion to issue COC for this project, DB, second ST, so voted.
  • Hodges & Worcester Streets, COT-DPW, (COC), SE73-2362  A field report was read stating that this project was for the installation of a catch basin on Worcester Street within the right-of-way to mitigate flooding due to stormwater collecting at the intersection of Hodges Street and Worcester Street, as well as abutting residences.  The project also included installing a drain manhole, infiltration chambers, and pipe within a newly negotiated easement along the side of the driveway at 71A Worcester Street.  All work has been completed in significant compliance to the order of conditions issued on 11/5/08.  All grassed areas are stable and all road surfaces are paved.  When MR drove the area last week after the storm, the roadway was in good shape.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, DB, second RC, so voted.
  • Wren Street, COT-DPW, (COC), SE73-2220  A field report was read stating that this project was for the construction of approximately 250 linear feet of new sub-drain pipe and related drainage structures within the Wren Street right-of-way in order to mitigate problematic flooding associated with the seasonal high ground water collecting on residential properties during storm events.  All work has been completed in substantial compliance to the order of conditions issued on 11/14/06.  There is no indication of siltation into the wetland area.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RC, second MI, so voted.
  • Winthrop Street, St. Germain, (COC), SE73-2179  A field report was read stating that this project was for the construction of a 2,500 sf commercial building with subsurface sewage disposal system, stormwater controls, and associated grading and landscaping.  This project was never completed.  The only work done on the property was the construction of the driveway and site grading.  The siltation barrier is still up and working.  The area at the siltation barrier is stable and there is no indication of sedimentation into the wetland.  MR recommends that the TCC issue a COC to close out this project.  Any future work on this site will require filing a new NOI.  Motion to issue COC for this project, DB, second RC, so voted.  RC asked that the silt fence and erosion control be removed.
  • 210 Alfred Lord Blvd., Trainor, (COC), SE73-2020  A field report was read stating that this project was for a septic system repair.  All lawn areas are stable and there was no sign of sediment in the adjacent wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RC, second DB, so voted.
  • 556 Tremont Street, Berube, (COC), SE73-2084  A field report was read stating that this project was for a septic system repair.  All work has been completed in significant compliance to the order of conditions issued on 8/15/05.  All lawn areas are stabilized and there is no indication of sedimentation into the adjacent wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RC, second DB, so voted.
  • Lot 2D Plain Street, Olson, (COC), SE73-2267  A field report was read stating that this project was for the construction of a single family home with septic system, grading, and utilities.  No work was ever started on the project and the order of conditions has expired.  MR recommends that the TCC issue a COC for this file in order to close it.  Motion to issue a COC for this project, DB, second RC, so voted.
  • 403 Winthrop Street, Cullen, (COC), SE73-2350  A field report was read stating that this project was for the construction of a Dunkin Donuts store at the site of an existing car dealership at the corner of Winthrop Street and North Walker street. All work has been done in significant compliance to the order of conditions issued on 8/27/08.  All areas along the banks of the brook are fine.  All trash has been cleaned from the area and the bank of the brook has been landscaped and stabilized.  There is no indication of siltation into the brook.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, DB, second RC, so voted.
  • 10 Misty Lane, Francis, (COC), SE73-2290  A field report was read stating that this project was for a septic system upgrade and a driveway replacement.  All work has been completed in significant compliance to the order of conditions issued on 9/12/07.  All lawn areas are stabilized and there is no indication of sedimentation into the adjacent wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, DB, second MI, so voted.  
  • 61 Stephanie Circle, Silva, (COC), SE73-1919  A field report was read stating that this project was for the construction of a 26’x 30’ detached garage.  No work was ever started on the project and the order of conditions has expired.  MR recommends that the TCC issue a COC for this file in order to close it.  Motion to issue a COC for this project, DB, second RC, so voted.


Public Meetings
  • Route 24, Mass. Highway, (RDA), DSE-975  A field report was read stating that this project is for the proposed application of herbicides to the roadside, ramps, pavement, and curbing in order to remove poison ivy.  This application will be selective and weeds beneath guardrails, within crevices between pavement and curbing, and within joints between and under jersey barriers and around sign posts.  The majority of the application will be done using the foliar treatment method as it is the most effective and economical method especially when mechanical methods must be used rather than men for safety reasons.  It is also the most effective on poison ivy which can be a hazard to pedestrians and maintenance crews.  MassDOT will use approved herbicides for sensitive areas which have been approved by DEP and DAR and included Oust Extra and Accord Concentrate.  There are 11 sections that are deemed “No Spray Zones” and are located at Route 24 Exit 13 (Route 44SB) at the stream (100’ on each side); in Raynham at the exit for Route 44E at the stream (100’ on each side); and where Route 24 crosses over the Taunton River (100’ on each side).  In all cases, herbicides will not be applied closer than 10 feet to any wetland area.  The work as proposed is for safety purposes and meets all state and federal spraying requirements.  MR recommends that the TCC approve this project and issue a Negative Determination to include the attached Special Conditions.  Motion to approve and issue a standard order of conditions with special conditions 1 and 2, DB, second RC, so voted.
  • Route 24, 44, 138, 140, I-495, (RDA), DSE-976  A field report was read stating that this project is for the proposed trimming and removal of all dead or unsafe trees located along the above routes.  The work as proposed is for safety purposes and will not negatively impact the wetlands and resource areas along the routes.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to approve with conditions 1 and 2, ST, second DB, so voted.  
  • Lot 35 Craven Court, Hopgood/Clarewood Homes, (RDA), DSE-974  A field report was read stating that this project is for clearing, loaming, and seeding involved in the creation of a lawn associated with the construction of a single family home.  The only area within the buffer zone of the adjacent wetland, which was approved and extended through 4/6/10, is the proposed lawn area.  A siltation barrier is located 68 feet from the wetland and is marked as the limit of work.  This siltation barrier can be approved alternative to the hay bales/silt fence commonly used.  Alternatives include coir (pronounced coy-er) logs, straw bales, fiber rolls, and compost filter sock.  The project as proposed does not threaten the adjacent wetland and therefore MR recommends that the TCC approve the project and issue a Negative Determination to include the attached special conditions.  Motion to approve with a standard order of conditions with special conditions 1-4, 6-8, 14, 18, and 19, ST, second RC, so voted.
  • 100 Lakeview Avenue, Smith, (RDA), DSE-977  A field report was read stating that this project is for the construction of a breezeway between the existing house and garage, to add an extension to the existing deck in the rear, and to construct a covered porch in front of the breezeway.  This property is bounded to the north by Lake Sabbatia.  The existing 2-story deck is 48 feet from the edge of the lake and there is an existing fence line along the rear of the property.  The new deck extension in the back will be constructed on sona tubes and will be 61 feet from the water.  Portions of the breezeway will also be on sona tubes and will be 64 feet from the lake.  The covered porch in the front will be 85 feet from the lake and will be placed on sona tubes.  All holes for the sona tubes will be dug by hand and this is noted on the plan (#4).  The work as proposed should not negatively impact Lake Sabbatia as all work will be done by hand.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to approve with a standard order of conditions with special conditions 1, 2, 4, 18, and 19, ST, second DB, so voted.

Continued Public Hearings
  • Field Street, Powers, (NOI), SE73-2432  A field report was read stating the this project is for the construction of a single family house with septic system, driveway, and above-ground pool.  The wetland line was approved and an ORAD was issued on 7/14/08.  The Applicant would like to have a larger lawn area with an above-ground pool and is proposing to fill 1,750 square feet of wetland in the rear and create a 2,800 square foot replacement area in the front with 4 red maples at the edge of the proposed mitigation.  This replication area is a 1.6:1 ratio, rather than a 2:1 ratio preferred by the TCC.  The lawn area would remain permeable, thus less intrusive than a building or other impervious surface.  A DEP file number has been issued this fling along with a note that says “it appears that any alteration of wetlands can be avoided.”  This is not entirely true if the applicant still wants an above-ground pool.  The setbacks for zoning would be compromised unless the applicant went for a zoning variance.  A siltation barrier is shown on the plan and is marked as the limit of work.  Roof drains are shown going into drywells.  A concrete washout area and a dewatering area are depicted at the front of the property.  After all work is completed, the rear left of the garage will be located 14 feet from the edge of the wetland at flag #8.  The pool will be 25 feet from the wetland at flag #12.  The pool will have a non back-wash cartridge filter.  An information sheet on this filter should be given to the office to be put in the permanent record.  The work as planned should not adversely affect the wetland resource area, given that the lawn area will also be pervious.  The alteration ratio is a fair exchange, as a 2:1 ratio would decrease the amount of front lawn and buffer area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Much discussion was held on how to do less fill and move things around to still have the pool and give them a yard.  Many commissioners disagreed on whether the fill was the best option.  Motion to approve with a standard order of conditions with special conditions 1-5, 8, 9, 15-17, 19, 21, 23-27, and conditions to downsize pool to 25ft, agree to fill to contour line 68, no draining pool into the wetlands, remove deck shown on pool and move pool to back of deck off house, ST, second MI,  In Favor 2, Opposed 4, Motion fails.  Motion to continue to 4/26/10 with a revised plan, ST, second DB, so voted.  
(DB stepped out)
  • Plot 568 Everett Street, Nadeau, (NOI), SE73-2406  No field report was read for this filing, it has been read into the record at a previous meeting.  Abutters present Brian Davis Couch Street, Scott Mossman Everett Street, James Ginley Couch Street, Barbara Laughlin Raynham, Mr. & Mrs. Balmain Everett Street, and Scott Faria from Gallagher Engineering.  Discussion was held on whether the city had decided to purchase the property.  It was decided to send a letter to the city council asking what their decision was on the purchase of this property and that if no decision is made the TCC has no choice but to proceed with Mr. Nadeau’s application.  Motion to continue to 4-26-10, with no further continuances after this, letter to be sent from the TCC to the Mayor, Council, and DPW, and if they want to negotiate to contact Mr. Nadeau, ST, second NK, so voted.  
Motion to have DB back in to meeting, MI, second RC, so voted.


Public Hearings
  • Lot 33 Craven Court, Hopgood/Clarewood Homes, (NOI), SE73-2431  A field report was read stating that this project is for the construction of a single family house, garage, deck, driveway, utilities, and associated grading, all within the 100-foot buffer zone of a BVW.  The wetlands were approved and extended through 4-6-10.  This application was received before 4/6 and falls under the extended ORAD.  A siltation barrier is located at least 25 feet from the wetland and is marked as the limit of work.  This siltation barrier can be an approved alternative to the hay bales/silt fence commonly used.  Alternatives include coir logs, straw bales, fiber rolls, and compost filter sock.  A washout area is depicted on the plan and is outside the buffer zone.  Roof drains are shown going into drywells.  The closest disturbance to the wetlands will be grading which will be 30 feet from the wetland.  The house will be 45 feet off the wetland and the driveway will be 72 feet from the wetland.  The project as proposed does not threaten the adjacent wetland, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions.  Motion to approve with conditions 1-5, 7, 15, 16, 17, 19, 20, 21, 23-27, ST, second RC, so voted.
(RC out)
  • Tremont Street, Nadeau, (NOI), SE73-2429  No field report read.  Motion to continue to 4-26-10, DB, second MI, so voted.
(RC in)


Violations
  • 90 Lydia Lane.  Roland and Douglas Dusseault owners.  The brought in sand to fill in along pond where it had washed away and cause a danger to the children that use the area to play and fish.  Motion to remove the violation and put down a minimum of 4 inches of loam and seed it, DB, second RC, so voted.
(NK out)
  • 261 Gorden Owen Riverway.  Mary Lucas and Eric Derosiers owners.  TCC had told previous owners to put in a post and rail fence.  Those previous owners told Mary and Lucas that it was installed to keep dog out of water.  The want to seed yard and put up a fence for their daughter.  Motion to dismiss violation and work with MR, ST, second DB, so voted.
(NK back in)


Other Business
  • Motion to approve the planting of dogwood tree in the fragrance garden at Boyden for the woman’s son, DB, second MI, so voted.
  • Walker use the riverfront park on 6/1 and 6/9 for practice and on 6/17.  Motion to approve ST, second DB, so voted.
  • Draft for North Walker Street.
  • 6/5/10 Rubber Duck Race.  Motion to approve ST, second MI, so voted.
  • Open House 4/18/10 at Boyden.
  • Letter to Bob Pirazzi re: Sabbatia Landing.
  • BM to press matter that materials for the post and rail fence be delivered to Boyden.  Also have the broken picnic tables removed.
  • Letters to Juniper Lane, Thunder Road, etc re: dumping.
  • Kingman Street cleanup.
  • Motion to send a letter to the Girl Scout Troop that the TCC looks forward to seeing them back, DB, second ST, so voted.
  • 4 & 6 High Street.
  • Cars on Second Street.  They are not in the wetland but in the buffer zone.
(RC out)
  • MR to be invited to the meeting re: 147 Winthrop Street but she shouldn’t be because its still in litigation.  MR said she is not going.
(RC back)
  • Boyden was locked Easter Sunday for the sunrise service, ST went down to unlock the gate.
Motion to adjourn, ST, second NK, so voted.  Meeting ended at 10:00p.m.