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7.25.11 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission July 25, 2011


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

Motion to approve the minutes from the meetings on June 27, 2011 and July 11, 2011, DB, second MI, so voted.

Certificate of Compliance
1.  83 McIntosh Drive, Francis, (COC), SE73-1110  Field report states that this project was for the construction of a single family home with associated grading and utilities.  All work has been completed in significant compliance to the Order of Conditions issued on 9-24-97.  MR recommends that the TCC issue a COC for this project.  Motion to approve DB, second MI, so voted.
2.  355 Constitution Drive, CanAm, (COC), SE73-1085  Field report states that this project was for the construction of paved parking and access to a commercial building with limited site grading.  All work has been completed in significant compliance to the Order of Conditions issued on 5-15-97.  MR recommends that the TCC issue a COC for this project.  Motion to approve DB, second MI, so voted.  
(ST and NK arrived 6:35)
3.  225 Craven Court, Clarewood Homes, (COC), SE-73-2431  Field report states that this project was for the construction of a single family home with driveway and associated utilities and grading.  All work has been done in significant compliance to the Order of Conditions issued on 4-15-10.  There is no indication of siltation or degradation within the wetland and roof drains are connected to drywells.  MR recommends that the TCC issue a COC for this project.  Motion to approve, DB, second MI, so voted.  

Public Meetings
1.  220 O’Connell Way, Phillips Feed & Pet Supply, (RDA), DSE-1020  Field report states that this project is for the installation of two concrete pads for refrigeration units with a chain link fence enclosure.  The wetland is located along the rear of the building and was re-approved under DEP file #SE 73-2262.  The plan depicts a hay bale line 45 feet from the wetland.  The chain link fences will be 50 and 51 feet from the wetland and the concrete pads will be 52 and 55 feet from the wetland.  The work as presented will not negatively impact the wetland, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions.  Bob Pickett present representing the applicant.  MR told him that the COC needs to be recorded before a negative determination can be granted.  He will have someone call MR in the am.  Motion to continue to 8-8-11, ST, second NK, so voted.  
2.  701 Winthrop Street, O’Malley, (RDA), DSE-1021  Field report states that this project is for the installation of underground FiOS conduit as an upgrade/repair to the existing telecommunication utilities located at Indian Ridge condominiums at the above address.  The wetlands were delineated by Joe Klinger, Ecotones, Inc., on June 30th and July 1st, 2011.  A perennial stream connected to the Segregansett River was delineated using flags B-100 to B-122, and a BVW was delineated using flags A-100 to A-120.  MR reviewed the delineation on July 15th, 2011 and is in agreement with the placement of the flags.  MR recommends that the TCC approve the delineation as follows:
                -BVW: Flags A-100 to A-110, and flags A-111 to A-120 for
                       reference purposes only;
                -Perennial stream: Flags B-107 to B-109, and flags B-100 to B-122
                   For reference purposes only.
Prior to the commencement of work, straw wattles will be installed for sediment control within jurisdictional areas.  The conduit, 1.25” diameter PVC pipe, will be installed in trenches 12” to 15” in width and 18” to 24” deep.  One to seven conduits will be placed in each trench.  Once installed the area will be backfilled, tamped, loamed and seeded.  In areas where work will cross a paved surface, the work area will be restored with asphalt paving.  MR walked the site on June 30th with Julie Freshman, Resource Controls Environmental Scientist, and Joe Klinger, PWS with Ecotones, Inc.  A small portion of the project falls within the 25-foot WPZ at the northeast corner of property.  In this area the conduit comes as close as possible to the condo units.  The remainder of the work within th resource are buffer zones is along the north and south sides of the property.  This work are is currently lawn.  The plan shows the siltation barrier in yellow, and is the limit of work.  The work as presented will not negatively impact the wetland as it is temporary and minor and complies with performance standards defined in 310 CMR 10.02(2)(b)(2).  MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions.  DB asked if it was known how much footage is within the 25 foot?  Probably around 30 feet.  Motion to approve the flags, DB, second ST, so voted.  Motion to close the hearing and issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, and 19, DB, second ST, so voted.  


Public Hearings
1.  Elm Street, Feodoroff, (NOI), SE73-2477  Field report states that this project is for the proposed construction of a single family home with utilities, driveway, and associated grading.  This property is located on the north side of Dean Street and is entirely within the riverfront area of the Taunton River.  The River is located to the south and across the street from the property.  There are no BVWs within this area.  The property is not in any area protected by NHESP, and is just outside the floodplain designation according to the FIRM.  This property has been in existence since 8-5-64 and the Commission “shall allow the construction of a single family house, a septic system if no sewer is available, and a driveway, on a lot recorded before 8-7-96 where the size or shape of the lot within the riverfront area prevents the construction from meeting the requirements of 310 CMR 10.58(4)(d) 3.a.).  As stated earlier, this property is entirely within the riverfront area and the proposed work will result in the permanent disturbance of approximately 3,074 square feet and temporary disturbance to approximately 8,486 square feet.  An alternatives analysis was discussed, but due to the small size of the house and setback requirements, there are no feasible alternatives.  The project meets the minimum setback requirements under the City’s zoning by-law and has been approved by the Taunton Historic District Commission.  The house is oriented for an Elm Street address for a number of reasons:
                -There will be only one tree cut in front, whereas most of the large                    trees would be lost if the driveway and utilities had to come up                        Dean street;
                -Utilities are all available on Elm Street, so there would be no                        disturbance along Dean Street;
                -The Historic District Commission requested an Elm Street address               to decrease disturbance to the trees along Dean Street.
The house will be a 46’ x 28’ ranch constructed on a slab foundation to minimize fill and grading.  Roof drains will be connected to drywells, and the home will be on city water and sewer.  A siltation barrier is depicted from the front of the property and follows up 51 feet along the western property line (Elm Street).  Dean Street is an extremely busy road, with homes on the north side of the street.  The addition of a house on this lot should not negatively impact the riverfront area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Present Brad Fitzgerald engineer for project and Richard Feodoroff owner.  Motion to close the hearing and approve with special conditions 1, 2, 3, 4, 5, 8, 16, 17, 19, 21, 23, 25, and 27, MI, second ST, so voted.
2.  565/569 Winthrop Street, Lopes, (ANRAD), SE73-2478  Motion to move to the end of the agenda, the applicant is not present yet, DB, second ST, so voted,
3.  391 Winthrop Street, Brennan, (NOI), SE73-2476  Field report states that this project is to excavate petroleum-impacted soil with off site recycling at an asphalt batch facility followed by the application of oxygen release compound (ORC) to accelerate natural biodegradation of groundwater.  The excavated area will then be backfilled with clean suitable fill material.  This site is located on the north side of Winthrop Street with the Three Mile River along the west and north property lines and the site is entirely within the Riverfront area.  This site is adjacent to Taylor Rental and there is one building currently on the site.  This was previously a gas station and the tanks were removed in 1986.  The area of excavation is currently paved and used for parking and is east of the building.  The applicant expects the excavation to take two days and once complete, an oxygen release compound will be placed in the excavation area.  The impacted soil will be removed from the site within 30 days and while on site will be placed on and covered with polyethylene sheeting.  Once excavation is complete, the area will be backfilled and upgraded.  This qualifies as a limited project under 310 CMR 10.53(3)(q) “…mitigation of, or other response to, a release or threat of release of oil and/or hazardous material in accordance with the provisions of 310  CMR 40.0000.”  This project as presented will improve groundwater conditions on this site and 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, 4, 5, 10, 17, 19, 21, 25, 26, and 27, and request from TCC that they prefer it be loaded live if possible, DB, second ST, so voted.
4.  19 Ingell Street, 19 Ingell Street 2011 Taunton Trust, (NOI), SE73-  Motion to continue this to 8-8-11, DB, second ST, so voted.


Other Business
1.  New computer for MR.  The new computer will cost $650.00, which is how much is being requested.  Motion to approve DB, second MI, so voted.
2.  Discussion of stamped plans.  RC is out so it should be continued so he is here for the discussion.  Motion to continue to 8-8-11, DB, second MI, so voted.

Public Hearings
2.  565/569 Winthrop Street, Lopes, (ANRAD), SE73-2478  Motion to continue to 8-8-11, DB, second MI, so voted.

Motion to adjourn, DB, second ST, so voted.
Meeting ended at 7:30pm.