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Minutes of the Taunton Conservation Commission May 9, 2011
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Debra Botellio, Renwick Chapman, Ernest Enos, Marla Isaac, and Steven Turner.
Motion to accept the amended version of the minutes from April 25, 2011, DB, second MI, so voted.
Motion to go out of the regular order of business to hear 115 Tremont Street, DB, second MI, so voted.
Violations
1. 115 Tremont Street. Michael O’Donnell property owner was present. He met with MR at the site of the violation, on May 1, 2011. Mr. O’Donnell said he is having trouble with ATVs tearing up his property and they’ve ruined a dam on site. He is totally willing to work with MR to get this violation cleaned up. Mr. O’Donnell said he will put hay bales down now to stop any siltation from going into the brook and will be replacing the pump as soon as he has the money to do so. BM asked Mr. O’Donnell if he was comfortable working with MR to get this violation cleared up? Mr. O’Donnell said yes. MR stated she also advised Mr. O’Donnell on possibly working with the USDA. This may get him some help, if he qualifies as a farm
under their guidelines. He said he may look into that. Motion to remove the violation, have Mr. O’Donnell work with MR and have a report back to TCC in one month, DB, second NK, so voted.
Motion to revert back to the regular order of business, DB, second RC, so voted.
Westville Neighborhood Association for Westville Conservation Area. Kelly was in the area and wanted to stop in and see how things were going out at the conservation area. She also had some information for the TCC on how things have been moving along regarding mowing and upkeep at the site. She said Mr. Lopes is going to mow the field twice per year but there is still help needed to mow other times during the year and trail cleanup. ST said perhaps the Juvenile Program that does community service could go out and do the cleanup. He would just need a letter from MR sent to the Chief of Police. They could go out and cleanup once or twice a month. BM also told Kelly to check with the Neighborhood Association to see if anyone would be willing to mow. Some of the
residents out there may be willing to pitch in. Kelly will check with them and keep in touch with MR.
Certificates of Compliance
1. 100 Revolutionary Drive, TDC, (COC), SE73-2212 Field report states that this project was for the placement of a boulder barrier along the 50 foot buffer line to two previously altered BVWs. This area was to be loamed and seeded to provide a vegetative strip for pre-treatment of runoff prior to entry into the existing wetlands. A second Order of Conditions exists for the proposed construction of an industrial building yet to be built. This work has been completed in significant compliance to the Order of Conditions issued on 9-25-06. All areas are stable and no further disturbance to the buffer zone or wetlands was witnessed. MR recommends that the TCC issue a COC for this project.
2. 115A Summer St., Furtado, (COC), SE73-2298 Field report states that this project was for a septic system repair. All work has been completed in significant compliance to the Order of Conditions issued on 10-23-07. All lawn areas are stable and no further disturbance to the buffer zone or riverfront was observed. MR recommends that the TCC issue a COC for this project. Motion to approve, RC, second MI, so voted.
3. 39 Sydney’s Way (Lot 3), Maroney Building & Contracting, (COC), SE73-2257 Field report states that this project was for the construction of a single family home with septic system. Work has been completed but the lawn is not stabilized. A number of eroded areas exist in the rear and must be stabilized before a COC can be issued. In addition, a revised plan showing “existing home” rather than “proposed” should be submitted. MR spoke with Rich Riccio and he said that he will get a revised plan to her. MR recommends that the TCC continue this hearing to 6-20-11 to ensure that the lawn grows in. Motion to continue to 6-20-11, DB, second RC, so voted.
4. 1335 Bay Street, Jorge, (COC), SE73-1959 Field report states that in September 2006, the Applicant requested an Amendment to add a concrete pad under the deck and extend the driveway so that the owners could face traffic upon going out the driveway. The request was in keeping with other properties along Bay Street, however, the Applicant was requested to use either gravel or pavers under the deck to decrease additional impervious surface. The deck now has gravel under and the driveway and turnaround are paved. There is no indication that the lake was negatively impacted. Work was done in significant compliance to the Order of Conditions and subsequent Amendment. MR recommends that the TCC issue a COC for this project. Motion to approve ST, second NK, so
voted.
Continued Public Meetings
1. 1150 Middleboro Avenue, Woodby, (RDA), DSE-1009 Field report states that this project is for the construction of a driveway along the south side of the house at the above address. There is a BVW located in the southwest portion of this property, within a depression, with a slope beginning approximately 40 feet from the house. MR met with the owners to discuss their project and look at possible alternatives. They are not planning to fill the area, rather, they are purposely leaving the slope in order to hide the parking somewhat. They can pull back so that the will be 25 feet from the wetland edge. They will preserve the larger trees on the site. The project as discussed in the field seems to be the best plan with the least amount of disturbance. MR recommends that
the TCC approve this project and issue a negative determination with the attached special conditions. Homeowner Michael Woodby was present. He said they are only cutting the trees marked. MR is ok with this plan, they are not in the wetlands or buffer zone. RC would prefer a different plan for the driveway. Motion to close the hearing and issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, 19, 20, siltation barrier is to be installed at the limit of work and notify MR when it is in place, ST, second NK, RC is opposed. Motion carries 5-1.
Amendments
1. Winthrop Street, Conway, (Amend), SE73-2443 Field report states that this project is to construct a shed/sales office and grade the lot in order to prepare it as a sales area for mulch and landscaping plants. The grading will also include an area to replace the 2,254 cubic feet of ILSF that is proposed to be filled. Wetlands were approved and an ORAD issued on 11-4-09. The project will occur within the habitat of the Blanding’s Turtle according to NHESP. The NHESP has recommended that the TCC amend the order of conditions so that the wetlands replication is not required. They are concerned that the replication may degrade the habitat and that by eliminating the replication, upland habitat will be preserved and functional wetland habitat outside the limit of work will
remain intact. The request by NHESP is reasonable, therefore MR recommends that the TCC approve the amendment and eliminate the need for replication. Brian Conway was present. Motion to approve, RC, second DB, so voted.
Continued Public Hearings
1. Westcoat Drive, Taunton Municipal Airport Commission, (NOI), SE73-2468 Field report states that this project is for the proposed rehabilitation of the existing Turf Runway 4-22, (RW 4-22) and re-alignment of the existing Turf Connector Taxiway at the Taunton Municipal Airport. Wetlands and the perennial were delineated by Horsley Witten Group on 4-27-11 and 4-28-11, and 9-2-09. The airport is not within NHESP priority or estimated habitat area. The Commission approved the wetland delineation on 4-25-11. The proposed work area will be protected by a siltation barrier (depicted on the plan), which is shown as the limit of work. This project is currently at 25% and the Applicant is requesting approval of plans with the understanding that final design plans come before the
Commission prior to the start of construction. This will be a condition under the special conditions section of the order of conditions. Stormwater management and drainage design will be a component of the final design. The work as proposed will not negatively impact the BVW or riverfront area. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions for the 25% phase. One of the special conditions is that the Applicant is to appear in front of the Commission when the final design plans are completed for ConComm approval. RC said he would like a peer review before anything goes any further with this. He wants TCC to have approval prior to construction, drainage calcs to be correct and appropriate and to make sure there will be no damage to the wetlands. RC said there is going to be major work done out there and it could completely change the drainage patterns.
Once its done, there is no taking it back. Maryann Magner the engineer representing the Airport Commission said they are not changing any drainage patterns, there will be somewhat of a swale on either side of the runway. ST feels this is just the maintenance part of the plans and that a peer review is not necessary at this time. Motion to approve with a peer review and special conditions, RC, second ST, ST has a question under this motion. He asked how much a peer review costs? MR said anywhere from $3500-$5000. Maryann said because this is a grant and only a certain amount of money is budgeted, this could put them over and the project could be pulled. Airport Commissioner were asked how they felt about this, they said they do not have the money for something like this. Motion was voted on, failed 5-1. Motion to close the hearing, approve the plan with special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, and 28-applicant
will appear before the Commission with the final design plan and there will be a final review before construction, ST, second NK, RC opposed, motion carries 5-1.
Other Business
1. By-Law discussion. Two items to be discussed, 1. 25 foot buffer and 2. fees.
In fees, under filing type: RDA more than 2 acres to be changed to 2 acres or more, COC more than 5 acres to be changed to 5 acres or more. In fees, under proposed fees: 1. $110, 2. stays the same, 3. 15%, 4. 15%, 5. $75, 6. stays the same, 7. 15% ($75 min), 8. $50 per request (plus $10 per 5 acres or more). Also would like to add a $50 re-visit fee. MR did clarify if working together with MR then not considered a re-visit. DB said if an applicant comes in and says, ok the site is all ready, MR goes out and it’s not then the next time she goes out, that’s a re-visit. Motion to submit proposed changes to Kevin, and ask him to define the 1st sentence on his letter under account balances, DB, second RC, so voted. Under Definitions: DB retyped the WPZ
definition and submitted it to the TCC to look over. They liked the way it was written. Motion to accept DB’s verbiage and replace #4 under definitions with this instead, DB, second ST, so voted. Motion to have the TCC get copies of fiscal year 11/12 and 10/11 budgets, DB, second ST, so voted.
2. Middleboro Avenue-Conlon. MR asked to go out, check on trees that were cut near the wetlands.
3. South East Appalachian Mountain Club. Requesting use of Boyden on 6-18-11 from 10-3. It is available. Motion to approve use of Boyden on 6-18-11 from 10-3, ST, second DB, so voted.
4. Email to BM from Mayor. RE: Grant from the Massachusetts Preservation Act Fund. Motion to send a letter of support, DB, second MI, so voted.
Motion to adjourn, DB, second MI, so voted. Meeting ended at 8:45pm.
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