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Minutes of the Taunton Conservation Commission September 10, 2012
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Ernest Enos, Debra Botellio, Marla Isaac, and Neil Kelly. Commissioner Renwick Chapman was absent.
Motion to approve the minutes of August 13, 2012, DB, second ST, so voted.
Certificate of Compliance
1. 100 Lakeview Ave., Smith, (COC), SE73-2511 Field report states that this project was for the replacement of an existing dock within Lake Sabbatia with a new dock conforming to the original dimensions using pressure-treated wood and steel supports. All work has been completed in significant compliance to the order of conditions issued on July 17, 2012. There were no negative effects to the lake or bank. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted.
2. 223 Fremont Street, SRT-223 Fremont, LLC, (COC), SE73-2512 Field report states that the applicant is requesting a COC for this project as no work has begun and they are filing a NOI for an entirely different use of the property. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second ST, so voted.
Motion to go out of the regular order of business, ST, second DB, so voted.
Public Hearing
1. 223 Fremont Street, Teager/Fore Kicks, (NOI), SE73-2519 Motion to open the hearing, DB, second MI, so voted. Rich Riccio present for the applicant. No field report, this is under peer review. Fore Kicks is a company with facilities in Norfolk and Marlboro. It is indoor and outdoor soccer fields. This is more for adult games and clinics, not games for children. DB asked what will be done with adjacent land? The owners own that, his client is only buying the property they are speaking of and using only that land for Fore Kicks. DB asked if this is a priority habitat? No. NK just asks that a brass disc out on the site, set in a boulder, be protected. It is a USGS disc and he would like it to remain untouched. Riccio said it will
be protected as they will not be disturbing the area around this boulder. Motion to open the Oct 1, 2012 date as a regular meeting and continue this hearing until then, ST, second DB, so voted.
Motion to revert back to the regular order of business, ST, second DB, so voted.
Certificate of Compliance
1. 36 Stevens Street, LaGace, (COC), SE73-2444 Field report states that this project was for the construction of a 16’ x 26’ deck and a 34’ x 24’ addition to an existing home. The deck was not built but all other work was completed in significant compliance to the order of conditions issued on 8-11-10. All grassed areas are stable and the wetlands were unaffected. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted.
Amendments
1. 580 Winthrop Street, Cox Enterprises, Inc., (Amend), SE73-2503 Field report states that this project received an order of conditions on 6-18-12 for the construction of solar arrays, chainlink fencing, and associated storm water drainage. This request is to request approval of proposed revisions to the plan to include the following:
-Fencing the entire west side of the project rather than fencing the three solar fields separately;
-Minor adjustments to the solar panel layout;
-Revision of the stone infiltration trenches per the City’s consultant; and
-Revised list of shrubs as suggested by the City’s consultant.
The revisions will not change any of the setbacks to the wetlands as previously approved, and the trenches were made larger per the consultant. The shrubs are not on the Massachusetts invasive species list, so can be used for this project. MR recommends that the TCC approve the request and issue an Amended order of conditions to include the previously approved special conditions. This does not extend the issuance date. Representative Bob Rodgers present for the applicant. Motion to open the hearing, DB, second DB, second MI, so voted. ST asked how much less or more the fence will be used? Bob didn’t measure but about 20% less fence instead of fencing each separately. Motion to approve the amended Order of Conditions ST, second DB, so voted. Motion to close
the hearing, DB, second NK, so voted.
Public Hearing
1. 437 Whittenton Street, Murphy, Jefferson Dev. Partners, LLC, (Anrad), SE73-2517 Field report states that this project is for the approval of wetland lines denoting wetlands and the Mill River that are associated with the above address. The resource areas were originally delineated by Marc Garrett, The Garrett Group, LTD on July 11th and 14th, 2006, and refreshed by Thompson Farland in April 2012. MR reviewed the lines, noting that a few of the flags were missing, but overall the line was clear. The plan shows the “Whittenton Pond” which exhibits river qualities and therefore should not be considered a pone, but rather the Mill River. Flags 1 through 26 define the top of bank of the Mill River from the Whittenton Street bridge north to the
rear extent of the property, and flags 27 to 41 define a vegetated wetland along the banks of the river. To the east of flag 41, the “A” series defines a small wetland using flags 1A to 6A. The “C” series, flags 1C to 22C, starts in the southeast corner of the property and follows a vegetated wetland and eastern edge of a ditch along the eastern property line before running north and east. The “D” series, flags 1D to 31D, follow along the western edge of the ditch and vegetated wetland mentioned in the “C” series. The “E” series, flags 1E to 4E is a constructed drainage ditch and is non-jurisdictional. MR recommends that the TCC approve the delineation as follows: Flags 1 through 41, flags 1A to 6A, flags 1C to 12C, 15C to 22C, flags 1D to 31D, and flags 13C to 14C for reference purposes only. MR recommends that the “E” series be determined as non-jurisdictional due to size. Motion to open the hearing, ST, second DB, so voted. Motion to continue to October 1, 2012 and make
the letter read part of the record, DB, second ST, so voted.
2. Goodwin Street, Fasolo, (NOI), SE73-2518 Field report states that this project is for the construction of a single family home with deck, driveway, utilities, and associated grading. A wetland delineation approval is also requested. The wetland was delineated by Earth Services Corporation first on November 18, 2010 and verified and re-flagged on August 12, 2012. MR reviewed the delineation on Wednesday, August 29th, and found a majority of the flags. It seems that a few of them may have been mowed, and thus were missing. Overall MR was able to follow the line which follows the edge of the existing lawn, and is in agreement with the placement of the flags. MR recommends that the TCC approve the delineation as follows: Flags ESC 4 through ESC 11, with
flags ESC 1-3 for reference purposes only. The applicant will be extending the existing driveway to reach his property and will construct a turnaround at the terminus of the extended driveway. The area where the house will be built is currently lawn and is relatively flat. a 40’ x 26’ house will be built with a 10’ x 12’ deck in the rear. The deck and stairs will be 26 feet from the wetland edge while the corner of the house will be 32 feet from the wetland. A siltation barrier is depicted at the 25 foot WPZ, with all grading within this barrier. The plan does not show roof drains into dry wells. What will the applicant do to direct rainwater away from the foundation? Rather than putting in drywells, perhaps a rain garden could be constructed. As the land currently drops toward the wetland, so it would after construction. The plan as proposed would not negatively impact the wetland or adjacent
properties, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Representative Paul Patnaude present for the applicant. Motion to open the hearing, DB, second ST, so voted. Motion to approve the flags, ST, second NK, so voted. MI asked rain garden or roof drains? Paul said roof drains. Abutter letter was read from James and Cheryl Medeiros of 105 Plain Street. Motion to make the letter part of the record, DB, second ST, so voted. ST asked if Paul has spoken with the abutters? Paul said no this never came up when at ZBA, etc. Motion to approve this project with conditions 1, 2, 3, 4, 5, 6, 16, 17, 19, 21, 23, 24, 25, 26, and 27, ST, second NK, so voted.
Motion to go out of the regular order of business to speak with Friends of Boyden, ST, second DB, so voted.
Other Business
1. Boyden Discussion.
1. Building Issues. Motion to request that Wayne Walkden and Park & Rec both go out to check the issues at the building and allow purchase of a dehumidifier up to $1000, ST, second DB, so voted.
2. Jersey Barriers. MR has been in contact with the Fire Dept. and they have no record of having gone out there and had issues getting by. They were put in to keep cars out but cars are still getting in, they are driving through the bushes. Perhaps they can ask the fire department about a slow burn of the house. Motion to have MR check into this with the fire dept, ST, second NK, so voted.
3. General Maintenance. Motion to have BM handle this, ST, second DB, so voted.
Motion to revert back to the regular order of business, DB, second MI, so voted.
Continued Violation
1. 117 Arlington Street. Motion to fine the owner of this property daily and refer to legal office to attach a lean on this property, DB, second MI, so voted.
Other Business
1. Open Space vs. Conservation. BM and DB are going to the meeting regarding this. Motion to have BM go to this and speak on behalf of the TCC, ST, second MI, so voted.
Motion to adjourn, DB, second MI, so voted. Meeting ended at 8:30pm.
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