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6.28.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission June 28, 2010


Present:  Marla Isaac, Ernest Enos, Brian Marques, Renwick Chapman, Steven Turner, and Neil Kelly
Absent:  Debra Botellio


Motion to approve the minutes of June 14, 2010, ST, second RC, so voted.


Certificate of Compliance
  • West Water Street, COT-DPW, (COC), SE73-2305  Field report states that this project was to provide flood control in order to alleviate flooding on West Water Street and abutting properties.  All work has been completed in significant compliance to the Order of Conditions issued on 1-30-10.  Work done was as follows:
                A new diversion weir installed at existing headwall;
                A secondary channel was constructed to handle flood-stage waters.  This                         channel goes under the access road and under West Water Street and                      daylights along the riprap swale to the Taunton River;
                Debris was cleared from the brook;
                New water main, fittings, and hydrant installed along West Water Street at              junction of Cobb Brook/West Water Street/ Fifth Street.
        All areas are stabilized.  MR recommends that the TCC issue a COC for this      project.  (NK in)  Motion to approve and issue a COC, MI, second ST, so voted.


Continued Public Meetings
  • 294 Winthrop Street, Baker, (RDA), DSE-986  Field report states this filing was continued from June 14th to June 28th so that the Applicant could submit a revised plan depicting the buffer zone and siltation barriers.  The revised plan was received and all elements have been noted.  MR recommends that the TCC approve the project and issue a Negative Determination to include the attached Special Conditions.  Motion to issue a negative determination with special conditions 1, 2, 3, 5, 6, 9, 13, 14, 18, and 19, RC, second MI, so voted.

Public Meetings
  • Route I-495, Mass. DOT-Hwy Dist 5, (RDA), DSE-991  Field report states that the Applicant, Mass. Department of Transportation, is proposing pavement milling, resurfacing, and related activities required to rehabilitate section of Route I-495 from the Raynham town line to the Norton line.  The area within Taunton is between Bay Street and Prospect Hill Street, and crosses the Snake River.  The entire work area falls within the Snake River watershed which is designated as an ACEC.  From the Snake River east to Prospect Hill Street, the area is within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife.  All proposed work will be done within the existing layout of I-495, along the shoulders of the road.  No work will be done within any resource areas but will occur within buffer zones along the route.  Areas falling within buffer zones will have siltation barriers in place to protect from sedimentation and prevent other materials from entering the resource areas.  The work will involve clearing and thinning of trees along the edge of the road, cleaning/repairing of existing drainage structures, replacement of all existing catch basin frames and grates with new hook lock catch basin frames and grates; pavement milling and resurfacing of I-495, and ramps at Bay Street; repair and/or reconstruction of bridge joints and decks on mainline bridges; milling of rumble strips; repair and replacement of damaged sections of guardrail; stabilization of shoulders wit load and seed or dense graded crushed stone; application of pavement markings and reflective markers; and other incidental work needed to finish the project.  The work as presented will not negatively impact the resource areas or habitat areas as work will occur within the roadway layout.  MR recommends that the TCC approve this project and issue a Negative Determination to include the Attached Special Conditions.  Present Tom Maguire-District Environmental Engineer for MASS DOT and Tony Masse-MASS DOT Project Designer.  Motion to open the meeting, ST, second RC, so voted.  Motion to close the meeting, MI, second RC, so voted.  Motion to issue a negative determination with special conditions 1, 2, 3, 4, 5, 6, and 14, RC, second EE, so voted.
  • 52 Courtland Place, Silva, (RDA), DSE-988  Field report states that the Applicant is proposing to install a 27’ diameter above-ground pool with a salt water filter (no backwash) and a 27’ x 16’ deck.  There is a BVW on the other side of a stone wall at the rear (to the east).  Due to scheduling and the fact that the owner was unaware that his proposed work would be in a buffer zone to a wetland, this pool and deck were erected prior to the June 28th meeting.  MR pre-inspected the property before the pool was brought in so that she could give suggestions if required.  The Applicant changed the location of the pool and the configuration of the deck after meeting with MR and the City Planner.  In order to meet setback requirements, the deck needed to be moved.  While MR was at the house, the owner stated that he may move the pool over a bit so that all setbacks were met.  The result was that the pool and deck were further from the wetland than originally planned.  The proposed pool will be 76 feet from the wetland.  All work was to be done by hand.  The filter is a Hayward Perflex System and there is no backwashing.  The work as proposed will not negatively impact the wetland, therefore MR recommends that the TCC approve the work and issue a Negative Determination.  Present Alfred Silva, homeowner.  Motion to open the meeting, RC, second NK, so voted.  Pool is up already but MR did go out and check site before pool and deck were erected.  Motion to close the meeting, ST, second NK, so voted.  Motion to issue a negative determination, ST, second RC, so voted.
  • 50 Richmond Street, Lydon, (RDA), DSE-989  Field report states that the Applicant is proposing to add an 11’x 12’ dining room addition with an 6’ x 12’ farmer’s porch in front with both attached to a 26’ x 28’ two-car garage.  There is a pond and a BVW across the street.  The garage falls within 95 feet of the buffer zone and the porch is within 99 feet of the buffer zone.  The work as planned will not negatively impact the resource areas.  MR recommends that the TCC approve this request and issue a Negative Determination with the attached Special Conditions.  Present Joseph Lydon homeowner and Jeff ?-contractor.  Motion to open the meeting, ST, second MI, so voted.  Motion to close the meeting, RC, second MI, so voted.  Motion to issue a negative determination with special conditions 1, 2, 3, and 4, RC, second NK, so voted.  RC would like to see, even though not in our jurisdiction, erosion control on the down gradient of the septic system.  
  • 11 Juniper Lane, Myers, (RDA), DSE-990  Field report states that the Applicant is requesting to remove 5 trees (two are triple trunks) from behind her home.  All but one (circled in red) are outside the 25-foof WPZ.  The circled tree is at the 25-foot mark.  The reason for the removal is due to mildew on the house and roof.  The Applicant was advised that the trees should be removed.  The trees are various diameters from 10 inch to approximately 22 inch diameter on the multiple trunks.  MR recommends that the TCC approve this request and issue a Negative Determination with the attached Special Conditions.  Present Patricia Myers, homeowner.  Motion to open the meeting, MI, second RC, so voted.  Motion to close the meeting, NK, second MI, so voted.  Motion to issue a negative determination with conditions 1, 2, 3, 4, and 18, ST, second NK, so voted.

Extensions
  • 91 Hart Street, Glick, (EXT), SE73-2288  Field report states that the Applicant has requested an Extension to the ORAD which will expire on 10-2-10.  The additional time is necessary for the Applicant to come to an agreement with the board regarding construction and a NOI, and to allow more time for the City to resolve issues with local abutters.  This request is reasonable under the circumstances, therefore MR requests that the TCC approve this request and issue an Extension to the current ORAD.  Present Jon Glick property owner.  RC will abstain from voting.  Motion to approve a 3 year extension, MI, second EE, so voted.
  • River Pines Drive, Feodoroff, (EXT), SE73-2244  Field report states that the Applicant has requested a three-year Extension on the Order of conditions issued on 4-27-07.  There were issues with NHESP that prevented the project from moving forward for more than a year.  At this time the roadway is complete through base coat.  The drainage system and detention basin are complete but the area around the drainage system was not stable and since spring there are a few areas of erosion that will require work.  MR recommends that the TCC approve the request and issue an Extension for three years to include the original conditions and special conditions.  Present Mr. Feodoroff, property owner.  Motion to approve a three year extension, RC, second MI, so voted.



Public Hearings
  • 38 Thunder Road, Knief, (NOI), SE73-2441  Field report was read stating this Applicant is proposing to construct a 21-foot above-ground pool within the 100-foot buffer zone of a BVW.  This property contains a drainage easement and a wetland along the east and south property lines.  There is a retaining wall built along a slope that abuts the wetland.  The pool is currently placed within the 25 foot WPZ at 19 feet from the wetland.  The pool can easily be moved away from the WPZ and will be closer to the deck as shown by the red penciled drawing on the plan.  This will still meet the side setback of 10’.  The Applicant states that they will be using a sand filter.  This filter should be changed to a no-backwash cartridge filter because of the proximity to the wetland.  A fact sheet of the filter should be submitted to the Conservation Office prior to the signing of the permit.  If the Applicant agrees to move the pool and change the type of filter to be used, then MR recommends that the TCC approve the plan and issue an Order of conditions to include the attached special conditions.  This will be issued upon receipt of the DEP file number.  Present Mr, Knief, homeowner.  He agrees with MR’s recommendations and agrees to change to the cartridge filter.  Motion to open the hearing, MI, second ST, so voted.  Motion to close the hearing, MI, second RC, so voted.  Motion to approve as long as the pool is 25 feet or move from the wetlands with conditons 1, 2, 5, 21, 27, and use a cartridge filter, RC, second ST, so voted.

Other Business
  • North Walker Street Management Plan.  Kelly Whitmore was present to go over some things with the commission.  Motion to approve the kiosk, pending financing, ST second RC, so voted.  All in favor of sign with leaf design-yes all in favor, all opposed to the top sign.  
  • Waverly Street-Robert Wilkins.  Mr. Wilkins lives at the end of the street.  He has no issues with anyone using the pond for recreational use but he has issues with what else goes on out there.  He would like jersey barriers to prevent anyone getting to far out there.  People are dumping trash out there, from 12am-2am drug dealings go on, people are changing their oil out there and leaving the containers there and dumping the oil on the ground.  He’s not against the fishing at all.  MR met with Mr. Wilkins and Kathy from DEP at the site.  Kathy does work with setting up cameras to catch anyone violating the wetlands.  She is going to look at setting something up out there.  BM is on board for putting jersey barriers in if in the TCC’s jurisdiction, and if not then going to DPW with this.  Motion to send a letter to the Taunton City Council to have the DPW look into this, ST, second RC, so voted.
  • MACC Dues.  Motion to approve, ST, second NK, so voted.
  • ST received a call regarding the condos on Hart Street.  He would like to set up a site walk at some point.  TCC should know exactly what’s going on out there.  
  • Boyden and the telephone poles lining the property.  Motion to approve replacing the poles at Boyden with post and rail fencing, ST, second NK, so voted.
  • BM wants to use the Boyden Account Funds for the post and rail fence.  Motion to allow BM to spend up to $10,000.00 in the Boyden Account Funds for the purpose of replacing the poles with a new post and rail fence at Boyden, ST, second NK, so voted.
  • ST will look into removal of the poles and report back to the TCC.
  • Boyden Sign is in a bad state of decay.  Motion to replace the sign at the end of the Boyden building because it is falling apart, RC, second MI, so voted.
  • TCC should consider the following changes with the new year.  More site visits, these really should be done before voting takes place.  This way the commissioners will have a better idea of what is going on at these sites before a vote is taken.

Motion to adjourn, ST, second NK, so voted.  Meeting ended at 8:40p.m.