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5.10.10
Minutes of the Taunton Conservation Commission May 10, 2010



Present:  Chair Brian Marques, Vice Chair Neil Kelly, Marla Isaac, Debra Botellio, Ernest Enos, and Steven Turner

Absent:  Renwick Chapman


Motion to continue approval of the minutes until the next meeting, DB, second NK, so voted.


Motion to invite Eagle Scout Marc Rhodes into the meeting, DB, second MI, so voted.
He is here to propose his project for Boyden to earn his badge.  Marc would like to repair the boardwalk and the observation deck.  Marc’s letter to the TCC was read into the record.  Marc was asked if he was getting the materials himself or if he needed the TCC to supply them?  He had been told to contact Friends of Boyden and a few others regarding materials.  His Scout Master has no doubt Marc will get this work done and there is complete adult supervision during the work.  MR sent a letter to Marilyn and will send it again with TCC’s approval of this work.  BM told Marc if he has any issues with funding to come back to the TCC.  Motion to approve Marc’s work at Boyden, DB, second MI, so voted.  


Continued Certificate of Compliance
  • 101 Libby Lane/Lot 4, Yvon Nadeau Development, (COC), SE73-2285  Field report MR re-inspected this property on May 3, 2010 to check stabilization of the lawn.  All areas are now stable and 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, DB, second MI, so voted.
  • 188 Dunbar Street, Figueiredo, (COC), SE73-2383  Field report this project was for the razing of an existing house, above-ground pool, barn, and part of the existing driveway and to construct a 48’x 28’ deck in the back.  The septic system is located in the front and roof drains go into drywells.  The lawn has been seeded and is now sufficiently established to be considered stable, therefore, MR recommends that the TCC issue a COC for this project.  Motion to approve, DB, second MI, so voted.

Certificate of Compliance
  • 1288 S. Precinct Street, Smith, (COC), SE73-1983  Field report this project was for the installation of a new septic system.  This project was issued an Order of Conditions on 11-16-04.  The system was installed in front of the house.  Upon inspecting the property on 5-4-10, MR found the lawn to be newly seeded, and therefore not stable.  MR recommends that this file be continued to 8-9-10.  Motion to continue to 8-9-10, DB, second MI, so voted.
  • 8A & 8B Hern Avenue, Guimaraes, (COC), SE73-2268  Field report this project was for the construction of a two-family house with driveways, garages, and grading.  An order of conditions was issued on 7-27-07.  The work on the house, garages, and driveways has been completed.  The applicant is doing additional work in the rear near the rain garden due to the heavy rainfall last month.  This project is not complete therefore a COC cannot be issued at this time.  MR recommends that the TCC continue this filing to 8-9-10.  Motion to continue to 8-9-10, DB, second MI, so voted.
  • Field Street, Berube, (COC), SE73-2291  Field report this project was for the construction of a single family home with driveway, utilities, septic system, and associated grading.  An in-ground pool was also proposed but not built.  The project was issued an order of conditions on 9-25-07.  All work has been done in significant compliance to the order of conditions.  There is no indication of siltation into the pond.  All lawn areas are stable.  MR recommends that the TCC issue a COC for this project.  Motion to approve, DB, second NK, so voted.
  • 872 Burt Street, Laudebauche, (COC), SE73-2245  Field report this project was for a septic system repair and was issued an order of conditions on 4-25-07.  All work has been done in significant compliance to the order of conditions.  There is no indication of siltation into the adjacent wetland area.  All lawn areas are stable.  MR recommends that the TCC issue a COC for this project.  Motion to approve, DB, second MI, so voted.
  • 1184 Burt Street, Carroll, (COC), SE73-2121  Field report this project was or a septic system repair and wetland delineation approval.  An order of conditions was issued on 11-17-05.  All work has been done in significant compliance to the order of conditions.  There is no indication of siltation into the wetland area.  All lawn areas are stable.  MR recommends that the TCC issue a COC for this project.  Motion to approve, DB, second ST, so voted.


Public Meetings
  • 10 Dighton Road, Rioux, (RDA), DSE-978  Field report this project is for a septic system repair with associated site grading.  There is a BVW located in the rear of the property which was flagged by Dr. Hewitson on 4-14-10.  MR agrees with the placement of the flags and recommends that the TCC approve the line as follows: flags 1 and 2, with flags 3 and 4 for reference purposes only.  The old septic system will be drained and abandoned per the Board of Health regulations.  A new tank and leach field will be placed in front and to the left of the house.  The tank will be 69 feet from the wetland and the leach field will be 86 feet from the wetland.  The old system is 50 feet from the wetland.  The plan depicts a siltation barrier from the southwest corner of the house to the property line.  A barrier should also be installed at the 50-foot line at the old system location as well.  The work as proposed should not negatively impact the adjacent wetland.  The slope is relatively flat and the work is at least 50 feet away.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to accept the wetland line, DB, second MI, so voted.  Steve Gilbert present for the applicant.  Motion to issue a negative determination with special conditions 1, 2, 3, 4, 9, 14, 18, 19, MI, second DB, so voted.
  • 110 Worcester Street, Crowley, (RDA), DSE-979  Field report this project is for the construction of a 4’x 6’ and 10’x 10’ wooden deck on the rear of the house on a currently paved area.  The project is within 100 feet of a BVW and within 110 feet of a perennial stream.  Construction will be minimal.  The holes for the sona tubes will be dug through the currently paved area and the decks constructed on top.  A temporary siltation barrier should be placed at the edge of the work to prevent any possibility of siltation.  The project as proposed should not negatively impact the resource areas.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to issue a negative determination with special conditions 1, 3, 4, and 18, DB, second NK, so voted.  Homeowner Charles Crowley was present.

Extensions
  • 350 Burt Street, Freitas, (EXT), SE73-2271  Field report this project is for the construction of a single family house with driveway and utilities.  The work on the house and driveway has been completed but the final grading and seeding and loaming have not been completed.  The applicant is requesting a two-year extension in order to complete the project and ensure the lawn becomes established.  MR recommends that the TCC approve this request and issue a two year Extension to 7-10-12.  Motion to approve the extension to 7-10-12, ST, second DB, so voted.


Continued Amendments
  • River Pines Drive, Fedoroff, (Amend), SE73-2244  Request from the applicant for a continuance.  Motion to continue to 6-14-10, ST, second DB, so voted.

Continued Public Hearings
  • 206A Tremont Street, DeOliveira, (NOI), SE73-2407  Field report on 10-16-09, MR wrote “a site visit was conducted by the Department of Environmental Protection on 10-7-09.  Gary Makuch, Mass DEP, Jackson Mello, 206B, Mark DeOliviera, 206A, and I were all at the site visit.  Upon completion of the visit, Mr. Makuch stated that a SCOC could not be issued because the replication areas did not take.  There were originally two replication sites, of which I was aware of just one.  The second site was down Davis Street and was located at the plot where file SE 73-2352 is being constructed.  At this time, DEP is still working on what to do with this filing as there is no Extension on the file.  Mr. Makuch did state that the fences did not negatively impact the resource area, and that if the file were still open they could have been added as an Amendment.  Because of the lapse of the order of conditions, this site is in limbo and so are the filings before the Commission.”  Since that time there has been no action and it can be assumed that the replication area must be re-done.  The owner of 206B is willing but MR is still waiting to hear from DEP.  MR did put in a call today (5-7-10) and left a message for Mr. Makuch.  MR recommends that the TCC continue this filing to a date certain to await a decision from DEP so that the TCC, and the applicant can move forward.  Present Mark DeOliveira owner and his translator Augusto Lopes.  Motion to continue to 8-9-10, ST, second DB, so voted.


Public Hearings
  • Staples Street, B&T Realty Trust, (NOI), SE73-2433  Field report this project is for the construction of a single family house with driveway utilities, and associated grading.  MR inspected the site on 5-4-10 and found that stockpiling from the work on lot 183 just south of this lot was infringing on the buffer zone.  A building permit for the foundation was not pulled, either.  MR informed the engineer of both issues.  MR reviewed the wetland line associated with this property and found the flags to be accurately placed.  MR recommends that the TCC approve the flags as follows: flags 110 through 124, and 126, and for reference purposes only, flags 108-109, 125, and 127.  A siltation barrier is shown on the plan at least 25 feet from the wetland to ensure that the 25-foot WPZ is respected.  The siltation barrier is also the limit of work.  The closest construction activity to the wetland will be grading north of the driveway and house.  The contractor should inspect the siltation barrier to ensure that the barrier is not comprised or in need of repair, and to fix it if indicated.  The applicant is proposing to use Mirafi Envirofence as the siltation barrer.  This is an approved alternative to hay bales and silt fence.  The house will be 65 feet from the wetland and the driveway at its closest will be 42 feet away.  A majority of the septic system will be outside the 100-foot buffer zone.  The northeast corner of the reserve area will be 92 feet from the wetland.  There are a few items missing from the plan that are required.  These include:            
-Roof drains into drywells;
-Washout area should be depicted outside of buffer zone;
-a dewatering area should be shown on the plan;
-details for the washout area and dewatering area should be on the plan.
A revised plan should be submitted to TCC Monday night showing the requested changes.  The work as proposed should not negatively impact the adjacent wetland area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Motion to approve the wetlands line, DB, second MI, so voted.  Kevin Ford present for the applicant.  He went over what MR requested to be added to the plan and told where is was now located.  Motion to approve with the amended plan presented tonight, and with special conditions 1, 2, 3, 4, 5, 8, 9, 15, 16, 17, 19, 21, 23, 24, 25, 26, and 27, DB, second MI, so voted.  Abutter Anthony Oliveira was present and had a few questions.  He was asking why they are allowed to fill wetlands?  The TCC told him they are not.  Question on how close it was going to be to his property?  Mr. Ford showed him.  And he is concerned with flooding there this winter, he gets water on his property now and on the road so he is afraid with more building it will get worse.  Motion to have MR contact Mr. Oliveira and DPW about going out to check on the drains in that area, ST, second DB, so voted.
  • 354 Winthrop Street, Dickerson, (ANRAD), SE73-2434  Field report this filing is for verification and approval of a wetland line delineating a vegetated wetland within 100 feet of this address.  The wetland was delineated by Geosyntec Consultants, Inc. on 2-22-10.  As stated above, this wetland is located across Winthrop Street at the toe of a steep slope adjacent to Frank’s Good Time Lounge.  It is associated with a perennial stream that is a tributary of the Three Mile River.  MR is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows and issue an ORAD: for reference purposes only flags W1 through W12.  Representatives and/or applicant was not able to attend tonight.  They sent MR a letter today.  Motion to approve the wetland line, ST, second DB, so voted.

Other Business
  • Signing of the Conservation Restriction.  Not able to sign, Kelly not present with the restriction.  BM will email every member a copy of the maintenance plan.
  • Boyden.  BM got all poles that line the driveway, replaced.  Motion that at the next meeting we have Marilyn Greene and Jane Estey present so TCC can ask about the issue with unions and hiring out, and who is the union rep TCC should speak to, ST, second DB, so voted.  Motion to send a letter to the Mayor and the City Council thanking them regarding the North Walker Street Conservation restriction, ST, second NK, so voted.
  • Taping meetings.  Motion to stop taping the meetings, ST, second MI, so voted.  Show of hands: all in favor.
  • RE: Herbert Street.  Drainage and utility easement presented by Jane Estey.  Motion to approve, DB, second MI, so voted.
  • Letter from Attorney Rounds.  Received and placed on file.  
Motion to adjourn, ST, second DB, so voted.  Meeting ended at 8:25 p.m.