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3.12.12 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission March 12, 2012

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 the meeting on February 27, 2012, DB, second,  MI, so voted.  ST voted present.

Certificate of Compliance
  • 40 Homestead Crossing, Caetano, (COC), SE73-2079 Brad Fitzgerald present representing the applicant.   Field report states that this project was for associated grading in conjunction with the construction of a single family home, which is out of conservation jurisdiction.  All work associated with this project has been completed and all disturbed areas are stable.  Additional work was done on this property which was not covered under this order of conditions and has been submitted under a new NOI.  MR requests that the TCC issue a COC for the work authorized under this order of conditions.  Motion to issue a COC for  this project, DB, second MI, so voted.  
Continued Amendment
  • 1094 Bay Street, Anderson, (AMEND),  SE73-2301  Field report states that the applicant is requesting an amendment to the order of conditions issued on 11-7-07.  While under construction, additional work not authorized under the order was done.  The work includes the paved parking area extending to within 6 feet of the wetland, at its closest point, between flags 8 through 12.  This was done to create a straight edge of pavement along the southern property and adds approximately 1,598 sf of impervious surface.  Other work includes the addition of lamp posts along the southern property line and within four feet of flag 9, six feet at flag 11 and 7, and 17 feet between flags 4 and 5; and the addition of a dumpster enclosed by a stockade fence in the rear gravel parking lot.  Some of this additional work was constructed on a neighboring property not owned by the applicant.  It will be necessary for the applicant to purchase land from the neighbor or receive an easement for this work.  In either case the TCC should receive a revised deed with the appropriate solution.  MR recommends that the TCC approve this request and issue an amendment to the current order of conditions to include the original special conditions, and the additional condition to receive a revised deed showing that land was either conveyed or that an easement was granted by the neighboring property owner.  Bob Anderson was present for the applicant.  DB asked how far from the wetlands in original plan?  She was given the original plan to look at.  ST read the easement, already has been recorded.  DB said if the owner is present, suggest that they not go beyond the specifications next time.  RC why did they go into buffer if not approved on the plan?  Motion to approve the amendment, ST, second NK, so voted.  
Continued Public Meeting
  • Sunset Drive, Columbia Gas of MA, (RDA),  DSE-1031  Joshua Bose was present for the applicant.  Motion to approve the wetland line, DB, second RC, so voted.  Motion to issue a negative determination with conditions 1, 2, 3, 4, 5, 14, 18, and 19, RC, second DB, so voted.
Public Meetings
  • 12 & 14 John Alden Road, Colonial Estates, (RDA), DSE-1033  Brad Fitzgerald was present representing the applicant.  Field report states that this project is for a septic system repair and associated grading located at 12 and 14 John Alden Road.  The edge of the BVW was flagged by SFG Associates on 2-2-12.  MR reviewed the wetland line and is in agreement with the placement of the flags which are located at the toe of slope.  MR recommends that the TCC approve the flags as follows: flags 1 through 6.  The septic system leaching field is located across the street from the wetland and behind #14.  A siltation barrier is shown on the plan.  The work as proposed should not negatively impact the wetland; therefore MR recommends that the TCC issue a negative determination to include the attached special conditions.  Motion to open the hearing, DB, second RC, so voted.  Motion to approve the wetland line, DB, second NK, so voted.  Motion to close the hearing, issue a negative determination with special conditions 1, 2, 3, 4, 7, 14, 18, and 19, DB, second RC, so voted.  
MI stepped down
Continued Public Hearing
  • Kilmer Ave. (Fairfax Gardens), Zahler/Trinity Taunton Nine Ltd. Partnership, (NOI), SE73-3488  Representatives present David Kelly, Hank Keating, Colleen Doherty, Mathieu Zahlia.   Discussion was had over the peer review and issues that had been brought up to be fixed.  Questions were answered, things had been revised/fixed at the request of the peer reviewers.  Motion to close the hearing, issue an order of conditions with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35, RC, second NK, DB opposed, motion carries.  Conditions 28- the revised plan showing the additional wetland and (south side of property) delineation should link with the ORAD piling SE73-2481 (add wetland F), 29-copy of conservation and management permit, 30-copy of enf, 31- clean out the line near wetland F subject to NHESP approval, 32- post and rail fence with conservation signs, 33- use of native seed mix for restoration areas, 34- copy of CR, and 35- copy of SWPPP.  Floor was opened up to abutters, Marla Isaac spoke.  She thinks this is a nice project but is concerned with the draining of certain areas.  She thinks if pipe is fixed and some parts of property drain, it will destroy the spade foot toad that has habitat out there.  She does not want this species destroyed and would like to see them work on this.  
MI back in, DB stepping down
Public Hearings
  • 125 Winter Street, Allen/W.H. Riley & Son, (NOI), SE73-2490  Mark Allen the applicant, was present.  Field report states that this filing is for the proposed addition of a second 30,000 gallon vessel adjacent to an existing 30,000 gallon pressure vessel for the storage of liquid propane.  The project will include moving the existing chain link fence back 13 feet, which will bring the fence to within 5 feet of the wetland between flags 11 and 12, and within 5 feet between flags 9 and 10.  The current fence does exist within the wetland, as shown on the plan.  There is an existing crushed stone base outside of the existing fence and the plan does not call for any additional stone.  The propane tanks must be five feet from each other and the proposed configuration of the fence and tanks depicts the requirement.  A siltation barrier is depicted on the plan.  The area of work is flat (has no discernible slope).  When MR reviewed the wetland line, she observed that there was no negative effect to the wetland, and that there was no trash within the wetland.  The wetland line was delineated by Ecosystem Solutions, Inc. on 11-21-11.  MR agrees with the placement of the flags and recommends that the TCC approve the line as follows: flags 1 through 21.  The work as proposed should not negatively impact the adjacent wetland, therefore MR recommends that the TCC issue an order of conditions to include the attached special conditions.  Motion to open the hearing, MI, second ST, so voted.  Motion to approve the line, MI, second ST, so voted.  Motion to close the hearing, issue an order of conditions with special conditions 1, 2, 3, 4, 19, 21, 25, 26, and 27, ST, second NK, so voted.
DB back in
  • Brandy Lane (Lot 5), T.L.C. Development, (NOI), SE73-2492  Field report states that this project is for the construction of a single family home with associated grading and utilities with a portion of the work falling within the outer riparian zone of the Three Mile River.  The riverfront and BVW were approved and received an ORAD under DEP file number SE 73-2234.  The construction of the house and associated grading is part of the total calculation of 11,560 sf of total disturbed area within the riverfront, or 9.64% of the 10% allowed under the WPA.  Of the 11,560 sf, 900 sf is associated with the prop0osed house and grading.  The plan shows roof drains into drywells.  The work as proposed should not negatively impact the resource areas.  Grading will be 1516 feet from the BVW and 163 feet from the river, the drywell will be 135 feet and 182 feet respectively from the BVW and river, and the house will be 190 feet from the BVW and 195 feet from the river.  A siltation barrier is not required due to the distance to the BVW and River.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Brad Fitzgerald was present to represent the applicant.  Motion to open the hearing, ST, second MI, so voted.  Motion to close the hearing, approve and issue an order of conditions with special conditions 1, 2, 3, 4, 5, 21, 23, 25, 26, and 27, RC, second DB, so voted.  
  • 40 Homestead Crossing, Caetano, (NOI), SE73-2495  Field report states that this project is an after the fact filing for the construction of steps, retaining walls, crushed stone patio, barbeque pit, and finish grading within the 100 foot buffer zone of a BVW.  The stone patio work was closest to the BVW at 64 feet.  A barbeque pit is located within the patio with stairs leading down to the patio from the upper lawn.  A stone retaining wall is located at the beginning of the steps on the upper level and again on the lower level above the patio, with grading between the house and retaining wall.  There is no evidence of siltation into the BVW.  MR requests that the TCC issue an order of conditions for this project.  The applicant should apply for a COC to close out this file once the order of conditions has been recorded.  Motion to open the hearing, ST, second MI, so voted.  Motion to close the hearing, apply for the COC, ST, second RC, so voted.  
  • 145 Myricks Street (Rt. 79), Higgins/South Coast Development, LLC, (NOI), SE73-2491  field report states that this project takes place in both Taunton and Berkley, with the majority of the work within Berkley.  The applicant proposes to remove the existing fuel facilities and construct a 3,700 sf convenience store, new gas dispensers, and related improvements.  A wetland delineation was done by Walter Hewitson on 10-25-09 and confirmed by Epsilon Associates on 2-6-12.  The line was refreshed per my request on 3-12-12.  The flags follow the toe of slope along the southern portion of the developed lot.  MR is in agreement with the placement of the flags and recommends that the TCC approve the lines as follows: flags 14 to 22.  All other flags are in Berkley and will not appear in the City’s database.  On the Taunton side of the lot, all bituminous concrete will be removed as well as the canopy over the diesel pumps.  A soil absorption system will be constructed in the northeast corner and the majority of this part of the site will be returned to pervious area with the majority of the area hydroseeded and a portion near Berkley sodded.  A small portion of the property will remain inpervious with new paving in the area marked “loading area”.  There will be a temporary stockpile set up in the middle surrounded by a sediment control fence.  This area will be 36 feet from the wetland.  The project as proposed will not negatively impact the adjacent wetland; in fact, it will be an overall improvement to the area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  As part of these recommendations a copy of Berkley order of conditions should be added to the file when the applicant receives it.  Shawn Hale was present representing the applicant.  Motion to open the hearing, RC, second MI, so voted.  Motion to approve the wetland line, NK, second ST, so voted.  Motion to close the hearing, issue an order of conditions with special conditions 1, 2, 3, 4, 5, 6, 7, 10, 19, 21, 25, 26, 27, and 28-let MR know what Berkley has to say at their meeting and get a copy of Berkley’s order of conditions for the file, ST, second DB, so voted.
  • 580 Winthrop Street, Brown, (ANRAD), SE73-2493  Motion to open the hearing, DB, second MI, so voted.  Walter Galuska is present representing the applicant.  They are requesting a two week continuance.  Motion to continue to April 9, 2012, DB, second MI, so voted.
RC stepped down  
  • Bassett Street, Henderson/Mass Development, (NOI), SE73-2494  Motion to open the hearing, DB, second ST, so voted.  Ken Motta is present representing the applicant.  It is under peer review right now.  Motion to continue to April 9, 2012, ST, second DB, so voted.
RC back in

Violations
  • 78 Liberty Street.  The homeowner called, death in the family.  Motion to continue to April 9, 2012, ST, second DB, so voted.
  • 122 Winter Street.  Joe Peixoto, part owner of property.  MR went out there, they have since installed a silt fence, removed most of pile, rest will be gone by the weekend.  The shed just contains tools, no hazardous materials.  The heavy equipment is in and out due to the business run from there.  Motion to remove the violation and have them work with MR, DB, second MI, so voted.  
Other Business
  • New flag pole at Boyden.  There are 2 on site now, they would like to remove both and put a new one up away from everything.  Motion to accept this, DB, second ST, so voted.
  • Field Street, Bob Taylor.  Taylor would like to donate land to the conservation commission.  This is approximately 32 acres, large wetland habitat, was landlocked but is no longer.  Motion to accept this offer and send a letter to the city council with positive recommendation that they accept this property, and send a letter of thanks to the gentlemen who donated it to the city, DB, second RC, so voted.  
  • Letters to property managers regarding trash.  Mozzone Boulevard in front of Olive Garden and Smokey Bones and also at Mill River Plaza.  
  • Boyden.  Lopes ready to start.  Cars still there or removed?  MR has not heard anything on this, will look into it.  
Motion to adjourn, ST, second DB, so voted.  Meeting ended at 8:45pm.