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Minutes of the Taunton Conservation Commission June 6, 2011
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Ernest Enos, Marla Isaac, Debra Botellio, Steven Turner, and Renwick Chapman.
Motion to approve the minutes of May 23, 2011, ST, second MI, so voted. DB abstained.
NK out
Continued Certificate of Compliance
1. 3 Eight 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 fo the BVW and pond. MR inspected the property after the Applicant planted native bushes per the request of the TCC. The plantings are health and doing fine. The Applicant is aware that no other alteration to the pond or wetland is allowed. He has planted many native perennials, as well as the lawn and vegetable garden. The Applicant has worked hard to follow the requests of the Commission. Although the BVW was not restored, the mitigated area is well planted and will act as a small area for wildlife to find food (blueberries) and nesting. MR recommends that the TCC
issue a COC for this project. Motion to approve, RC, second MI, so voted.
NK in
Certificate of Compliance
1. CSX Railroad Bridge, CSX Transportation, (COC), SE73-2450 The field report states that this project was to repair part of the existing railroad bridge that crosses over the Taunton River (bridge number QN 11.80). This bridge is off Ingell Street and is accessed from a gravel parking area just southwest of the DPW building and across the railroad tracks. The Applicant replaced 61 steep piles or bridge supports (“H piles”) that had deteriorated in order to maintain the safety of the bridge. The piles were replaced from 1 foot below the mudline to approximately 2 feet above the waterline. MR met with the engineer on April 25, 2011 to inspect the work done. All areas are free of silt and banks are stable. All work was completed in significant compliance to
the order of conditions issued on 9-28-10. The was considered a limited project under general provisions 310 CMR 10.53(3)(I). MR recommends that the TCC issue a COC for this project. Motion to approve ST, second DB, so voted.
Continued Public Meetings
1. 82 Landing Drive, Rocha, (RDA), DSE-1011 Request for a continuance. Motion to continue to June 27, 2011, DB, second RC, so voted.
Public Meetings
1. 19 Ingell Street, Jacobson, (RDA), DSE-1013 Field report states that this filing is for the proposed removal and re-positioning of the existing driveway, and to move the existing shed from the rear of the house to the northerly part of the lot. The lot is within Land Subject to Coastal Storm Flowage from both the Mill River and Taunton River, but is out of the 200-foot riverfront area. There is a wetland in the rear of the property and work does fall within the 100-foot buffer zone to the BVW. A siltation barrier is shown on the plan and will be the limit of work. MR reviewed the wetland line on 5-31-11. She is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows: 3, 6, 7, and for reference purposed only flags 2,
4, 5, and 8-10. The shed is in rough shape and may or may not transfer to the other part of the property easily. The applicant may need to invest in a new shed and so this contingency should be covered under the RDA. The applicant is proposing to reconfigure the driveway from a straight pull in with bump out to a somewhat circular design. A portion of the existing paved driveway will remain with the rest converted to lawn. The additional area of paved surface will be 120 sf. The applicant is also proposing to grade along the north and west sides of the property raising the grade from 9.5 to 12. Under 310 CMR 10.57(3) Presumption, it states “Where a project involves removing, filling, dredging or altering of Land Subject to Flooding (both Bordering and Isolated Areas) the issuing authority shall presume that such an area is significant to, and only to, the respective interests specified in 310 CMR 10.57(1)(a) and (b). This
presumption may be overcome only upon a clear showing that said land does not play a role in the protection of said interests. Therefore, the applicant, according to CMR 10.57(4)(a)1 “Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgement of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows.” Because of the proposed fill and additional impervious area, MR recommends that the TCC issue a positive determination and request that a NOI be filed. Motion to approve the wetland line, ST, second DB, so voted. Motion to issue a positive determination and request that the applicant file an NOI, RC, second DB, so voted.
Public Hearings
1. 51 Dolan Circle, White (NOI), SE73-2470 Field report states that this project is for a proposed septic repair at the above address. The property is located at the end of Dolan Circle and abuts cranberry bogs and BVW. The current 1000 gallon pump chamber will be brought up to grade and a new 1500 gallon, 2 compartment septic tank will be added. In addition, a new leach field will be constructed with appropriate grading. A siltation barrier is depicted on the plan and is noted as the limit of work. The closest work to the wetland will be grading at a distance of 47 feet. The work as proposed should not negatively impact the adjacent wetlands. MR recommends that the TCC approve the project and issue an order of conditions to include the attached special
conditions. Motion to close the hearing, DB, second RC, so voted. Motion to approve with special conditions 1-5, 19, 21, 25-27, NK, second ST, so voted.
Motion to go out of the regular order of business to combine the violation and public hearing for 49 Worcester Street, DB, second ST, so voted.
Violation
1. 49 Worcester Street. Motion to remove the violation, RC, second ST, so voted.
Motion to revert back to the regular order of business, DB, second MI, so voted.
Public Hearings
2. 49 Worcester St., Crowninshield, (NOI), SE73-2471 Field report states that this is an after-the-fact filing for work within the riverfront area of a perennial stream. The wetland shown on the plan is predominately Japanese knotweed, an invasive. The applicant was issued a violation for work already completed and he stopped any new work until the commission issues an order of conditions. The work involves loaming and re-seeding existing lawn area and erecting 165 feet of fence. There is a perennial stream that flows along the northwest property line. The applicant has put up a siltation barrier 25 feet from the edge of this stream. The loaming and seeding extends to the edge of the barrier and follows along the east side of the property (side closest to the road). The fence will extend 40 feet from the garage toward the street and then 125 feet along the east side of the property. There is minimal impervious surface added because of the fence posts. Work is at least 26
feet from the stream, and the majority of the work is within the 100 foot riverfront area. This property has been in existence since 1948. According to 310 CMR 10.58 (4)3.(d)1.a., the work must have no significant adverse impact on the riverfront area within the lot and that at a minimum, a 100 foot wide area of undisturbed vegetation be provided. If there is not a 100 foot wide area, the existing vegetative cover should be preserved or extended to the maximum extent feasible. This area was formerly lawn and is being returned to a more viable lawn with the addition of a fence. This work is temporary and should enhance rather than negatively impact the area. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to close the hearing and approve with special conditions 1, 2, 3, 5, 13, 19, 21, and 25, DB, second ST, so voted.
3. 545 Winthrop Street, St. Germain, (ANRAD), SE73-2473 Field report states that this filing is for the approval of a wetland delineation performed by Ecosystem Solutions on 5-9-11 at the above address. This property is located on the north side of Winthrop Street and currently has a home, garage, and 3 motel units on the property. The wetland runs east-west of the units. MR walked the wetlands on May 31st and is in agreement with the placement of the flags. MR recommends that the TCC approve the line as follows: flags 1-19. Motion to approve the wetland line, DB, second MI, so voted. Motion to close the hearing, DB, second RC, so voted.
DB out-she cannot vote on anything MBTA related.
4. Railroad Right of Way, MBTA, (ANRAD), SE73-2472 Motion to continue to July 11, 2011, RC, second NK so voted.
DB in
Other Business
1. By Law Discussion. Motion to accept the proposed fees under the by laws, ST, second DB, so voted. Motion to close this hearing, DB, second MI, so voted. Motion to approve the addition of #5 under Definitions “Wetlands Protection Zone” DB, second MI, so voted. Motion to close the hearing, DB, second EE, so voted.
2. Friends of Boyden. Requesting help with watering the plants in the fragrance garden. The existing line there is broken/off? MR have DPW open it again so water is available down at the fragrance garden to water the plants.
Motion to adjourn, DB, second EE, so voted. Meeting ended at 7:30pm
Motion to re-open, DB, second RC, so voted.
Motion to approve moving the meeting from 6-20-11 to 6-27-11, DB, second ST, so voted.
Motion to adjourn, DB, second MI, so voted. Meeting ended at 7:35pm.
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