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11.01.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission November 1, 2010


Present Chair Brian Marques, Vice Chair Neil Kelly, and Commissioners Steven Turner, Ernest Enos, and Renwick Chapman.  Absent Debra Botellio and Marla Isaac.  

Motion to approve the minutes ST, second RC, so voted.

Certificate of Compliance
  • 194A Hart Street, ALE Realty, (COC), SE73-2422  Field report states this project was for the construction of a single family home with deck and walkway.  This property is on the north side of Hart Street.  A stockade fence was erected along the edge of the lawn (approximately 30 feet from the wetland) per the request of the purchaser.  All work has been completed in significant compliance to the Order of Conditions issued on 1-27-10.  The fence will ensure no further encroachment to the wetlands and no evidence of siltation was seen.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC RC, second ST, so voted.
  • 564 Richmond Street, Turnbull, (COC), SE73-1554  Field report states that this project was for the construction of a 40’ x 28’ garage and associated grading.  All work has been completed in significant compliance to the Order of Conditions issued on 8-2-01.  All areas are stable and the wetlands have not been negatively impacted.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC ST, second RC, so voted.
  • 87 Henry Road, Freitas, (COC), SE73-2335  Field report states that this project was for the construction of an above-ground pool, deck extension, including shed, and landscaping.  All work has been completed in significant compliance to the Order of Conditions issued on 5-22-08.  The shed was constructed under the deck rather than on the lawn.  All lawn areas are stable and there was no negative impact to the adjacent wetland.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC ST, second RC, so voted.
(NK out)  
  • 3 Eighth Street, Boyden, (COC), SE73-2292  Field report states that this project was for the construction of a 22’ x 32’ addition to the existing home.  Work was within 19 feet of the BVW and pond.  Upon inspection prior to the request for COC, it was discovered that the homeowners created lawn where the BVW was originally flagged.  MR noticed that the remnants of the siltation barrier were located at the edge of the pond rather than 30 feet from the original house.  The area of alteration equals 3,464 square feet.  This area remains pervious but not wetland vegetation.  It is mostly lawn and vegetable garden.  The work was not completed in significant compliance to the Order of Conditions.  The original contractors did not notify this office to inspect he haybales.  If they had, this error could have been averted.  As it stands, no harm was done to the pond, only the BVW.  The applicant has no option of mitigating the wetland elsewhere on their property.  This altering of a wetland is a violation.  An Enforcement Order can be issued for this violation if not resolved.  The Commission has no alternative but to order the Applicant to restore most if not all of the altered area back to BVW.  A COC cannot be issued until this work is complete and the BVW has had two growing seasons.  Motion to have an update at the first meeting of June 2011, ST, second RC, so voted.  MR discussed what plants can be used in this area.
(NK back in)

Public Meetings
  • 49 General Cobb Street, St. Germain, (RDA), DSE-1001  Motion to move to the end of the meeting, ST, second RC, so voted.
Public Hearings
  • 97 Ingell Street, Cooperative Production Inc., (NOI), SE73-2452  Applicant has requested a continuance but the TCC cannot continue something indefinitely, a date is needed.  The applicant is unsure yet.  Motion to open the hearing, RC, second ST, so voted.  Motion to continue to December 6, 2010, have the applicant here, and have an update for the TCC, ST, second RC.
  • 13 Everett Street, Merrey, (NOI), SE73-2453  Field report states that this project is for the demolition of an existing garage and the construction of a new two-car garage.  The Applicant was recently approved for a zoning variance to the sideline setback.  This property is located on the west side of Everett Street and is within the 200-foot riverfront of Cobb Brook and the 100-foot buffer zone of a BVW.  No resource areas were delineated for this project and so cannot be approved.  MR did verify the BVW area and used MassGIS OLIVER program to plot the distance from the proposed work to the two resource areas.  The rear left corner of the garage will be 65 feet from the BVW and 143 feet from Cobb Brook.  A siltation barrier, such as filter sock, straw wattle, or straw bales and silt fence, should be depicted on the plan.  Prior to demolition, the siltation barrier should be erected and MR should received a call to inspect it.  The project as presented should not negatively impact the adjacent resource areas.  All materials from the demolition should be removed, and all pervious areas should be stable prior to requesting a COC.  MR recommends that the TCC issue an order of conditions to include the attached special conditions.  Motion to open the hearing ST, second RC, so voted.  Motion to approve with the addition of downspouts with drywells and special conditions 1-5, 19, 21, 23, and 25, RC, second ST, so voted.
Violations
  • Town of Rehoboth  Present Doreen, Richard III, and Richard Neilson II.  From Rehoboth Kenneth Foley, Selectman and Peter Richmond the Rehoboth Highway Superintendent.  The men present from Rehoboth said they will open up the trench as soon as possible when they start construction and will let the TCC know a timetable of when the issue will be fixed.  They said they were unaware that the stone wall was knocked down into the trench crushing the pipe.  It was only brought to their attention when the Neilson’s had complained about the water on their property.  When asked by what date the pipe and trench would be fixed they stated it would be fixed by the next meeting, on November 15, 2010.  RC asked if Mr. Richmond is involved with the construction there, he said yes he is.  ST wants a plan forwarded to MR so the TCC can look at it on November 15th.  Mr. Richmond said he would have a plan to MR by Friday, 11-5-10.  Motion to continue to November 15, 2010, ST, second NK, so voted.  The Rehoboth reps said one of them will be present at that meeting.  
Motion to go back to the regular order of business, ST, second RC, so voted.


  • 49 General Cobb Street, St. Germain, (RDA), DSE-1001  Field report states that this project is for the installation of a new conforming septic system under Title V.  This property is on the west side of General Cobb Street a BVW is located along the rear (west) property line.  Two of the wetland flags (RP3 and RP2) were from a previous filing for #47 General Cobb Street.  Earth Services flagged the remaining boundary on 10-14-10 with flags ESC1 through ESC3.  MR visited the site on 10-26 and agreed with the placement of the flags.  MR recommends that the TCC approve the delineation as follows: flags RP3 and ESC3 with flags ESC1, ESC2, and RP2 for references purposes only.  The existing cesspool will be abandoned per the requirements under 310 CMR 15.354.  A new 1500 gallon tank will be installed 20 feet from the house and 94 feet from flag RP3.  The leaching area will be at least 58 feet from flag RP3.  Grading will come within 32 feet of the wetland.  The plan shows a siltation barrier set up at least 26 feet from the wetland and is marked as the limit of work.  The wetland is located to the rear of the work and within a clearly defined depression.  The work as presented should not negatively impact the wetland as long as the siltation barrier is erected properly.  MR recommends that the TCC approve this project and issue a Negative Determination to include the attached special conditions.  Motion to open the hearing, ST, second RC, so voted.  Motion to approve the line delineation, ST, RC, so voted.  Motion to close and issue a negative determination with conditions 1-4, 19, &19, ST, second RC, so voted.  

Other Business
  • Email from Robert Taylor.  Wants to donate land, 32 acres on Field Street.  Motion to send a letter to Mr. Taylor asking him to keep TCC up to date on how the negotiations go with the other agencies, at this time TCC is not in a position to accept a donation/take on the liability of this property, ST, second RC, so voted.
  • Motion to send a letter to Atty. DeMello stating that the TCC is in favor of the Taunton Skate Park, RC, second ST, so voted.
  • Letter from GFWC Taunton/Raynham Juniors.  Motion to send a letter to approve the 2 stone benches, ST, second NK, so voted.
  • Meeting Schedule.  BM will work on the issue of our current meeting place and what can be done with this issue.  Motion to continue this to the next meeting on November 15th, ST, second RC, so voted.  
  • Motion to ask Park & Rec to go to Boyden and remove the planters NK, second ST, so voted.
Motion to adjourn, ST, second NK, so voted.  Meeting ended at 7:35pm