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9.26.11 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission September 26, 2011


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

Motion to approve the minutes of September 12, 2011, RC, second NK, so voted.

Continued Certificate of Compliance
1.  438 Middleboro Avenue, Holy Family Parish, (COC), SE73-2297  No field report to read, MR is waiting to hear from Jim Rusconi.  The concern was that there is not enough wetlands grass.  Jerry Sanborn said he will work with MR and they will plant more wetland species out there to take care of this issue.  MR said trees and shrubs are growing well, they just need to get a little more wetland species in there.  BM asked if they should give them one more growing season?  Yes.  Motion to continue the hearing until the first meeting in July 2012, RC, second EE, so voted.

Certificate of Compliance
1.  761 Joseph Warner Blvd., Gama Realty, (COC), SE73-2375  Field report states that this project was for the repair of a commercial septic system.  This work was never started and the order of conditions has elapsed.  MR recommends that the TCC issue a COC to close the filing.  Motion to approve COC, RC, second EE, so voted.
2.  761 Joseph Warner Blvd., Gama Realty, (COC), SE73-2419  Field report states that this project was for the installation of a sewer lift station at j#761 and construct a 3” diameter force main down the driveway and along the east side of Joseph Warner Boulevard to a gravity sewer manhole in front of the Swank Building.  The work was completed in significant compliance to the order of conditions and all disturbed areas have been stabilized/paved.  MR recommends that the TCC issue a COC to close this filing.  Motion to approve, RC, second EE, so voted.  
3.  656 Joseph Warner Blvd., Gama Realty, (COC), SE73-2404  Field report states that this project was for the installation of a sewer force main from 656 Joseph Warner Boulevard to the Colt Circle sewer manhole.  All was complete in significant compliance to the order of conditions and all disturbed areas have been stabilized and/or paved.  MR recommends that the TCC issue a COC to close this filing.  Motion to approve COC, RC, second EE, so voted.  


Public Meetings
1.  300 Myricks Street, Poirier, (RDA), DSE-1024  Field report states that this project is for the installation of a six-foot stockade fence and a 12’ x 20’ wood shed.  The wetlands are located 27 feet off property.  MR visited the property on 9-9-11 and measured the distance from the wetland to the fence which is 1 foot off the property line.  The fence was installed prior to TCC approval as no building permit is required for a fence and the Applicant was unaware that he should have done a filing until he visited the office for a shed permit.  The work done on the fence was done by hand and no disturbance was made to the wetland.  The applicant is proposing to place the shed 21 feet from the property line and 20 feet from the fence.  This would be 48 feet from the adjacent wetland.  The project as proposed will 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 RC, second EE, so voted.  Motion to close the hearing, issue a negative determination with special conditions 1 and 2, RC, second EE, so voted.  
2.  46 Hodges Street, Madonna, (RDA), DSE-1025  Field report states that this project is for the replacement of an existing septic system with a Title V system with associated grading.  The system will be located on the northwest side of the property to get it at least 50 feet from the wetlands in the east and south and the man-made duck pond in the adjacent property to the west.  The house is also within the Three Mile River ACEC.  MR reviewed the wetland delineation and is in agreement with the placement of the flags.  The sheds on the property have been in place for at least 7 years.  Just as a precautionary note, MR recommends that any volatile liquids be removed from the southern most shed to prevent discharge to the wetland.  MR recommends that the TCC approve the wetland line as follows:  flags 2-10 with flags 1 and 11 for reference purposes only.  The leaching field will be 51 feet from the neighboring pond and 77 feet from the closest wetland flag.  A siltation barrier is shown going from the house to the east property line.  The work as proposed should not negatively impact the wetland.  MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions.  Representative Brad Fitzgerald present.  Motion to open the hearing RC, second EE, so voted.  Motion to approve the wetland line, RC, second NK, so voted.  Motion to close the hearing, issue a negative determination with special conditions 1, 2, 3, 4, 15, 18, and 19, and to include MR’s recommendation that no liquids are to be kept in shed, RC, second NK, so voted.  
3.  51 Glebe Street, Brophy, (RDA), DSE-1026  Field report states that this project is for the proposed dredging of accumulated silt within a pond located at the above address.  The pond is located in the northwest corner of the property and looks as if it was formerly a stock pond.  There is a large tree that has fallen into the pond and 95% of the pond surface is covered by algae.  The applicant would like to dredge within a 16-20 foot area of the pond.  It is unknown how much silt will be removed.  According to 310 CMR 10.02, “the Department has determined that activities within Areas Subject to Protection under M.G.L. c. 131, 40 are so likely to result in the removing, filling, dredging or altering of those areas that preconstruction review is always justified, and that the issuing authority shall therefore always require the filing of a Notice of Intent for said activities.”  MR therefore recommends that the TCC issue a Positive Determination and ask the applicant to file a NOI, as this is no longer in agricultural use.  Motion to open the hearing, RC, second EE, so voted.  Applicant wants to clean out the pond not deepen it or expand.  It is choked up with weeds and algea.  He is not hauling any materials out but legally he has to file.  TCC can waive the local fees.  Motion to issue a positive determination and close the meeting RC, second EE, so voted.  Motion to waive local fees for NOI filing, ST, second RC so voted.


Public Hearings
1.  Kilmer Ave, COT-Housing Authority, (ANRAD), SE73-2481  Field report states that this project is for approval of the wetland delineation at Fairfax Gardens, Kilmer Ave and Dewert.  The wetlands were delineated by Wetland Strategies, Inc. on 7-5-11, 7-6-11, and 8-1-11.  There are five distinct wetland areas flagged using series A through E.  
System A- (1A-14A) is an isolated wetland in the northeast section of the property and is between the soccer fields (on Shores St.) and the housing development.  When this area was flagged, the delineator found no standing water.  When MR visited the site on 9-16-11, there was standing water in the center of the system.  System B (1B-33B) is separated from System A by a ridge.  Part of this system runs along the fence line from where a pipe discharges storm water.  There was no flowing water but the channel was filled with water on the day of my visit.  There is a large water-filled depression within the center of this wetland, which has been visited by waterfowl according to a resident of the complex.  System C (1C-43C) is located to the west of the soccer field and is comprised of a forested wetland and deep marsh.  MR observed mallards and heard the call of two hawks during her visit.  System D (D1-D35) is located to the southwest of the housing complex.  This wetland was wet during MR’s visit on 9-21-11.  This is an isolated wetland system as neither MR nor WSI observed any connection, and none is shown on MassGIS.  System E (E1-E36) is to the northeast of the housing complex and is a BVW with an intermittent stream that flows into Cobb Brook.  There are two headwalls and culverts at flags E5-E7 as well as steep slopes.  The site is not in a flood zone but the undeveloped areas around the complex are within Estimated and Priority Habitat according to NHESP.  There are also five potential and 4 certified vernal pools within or near the site.  MR is in agreement with the placement of the flags for this filing and recommends that the TCC issue an ORAD and approve the flags as follows: 1A-14A, 1B-33B, 18C-43C, D1-D35, E3-E36, with 1C-17C and E1-E2 for reference purposes only.  Motion to open the hearing RC, second EE, so voted.  Motion to approve the wetland line RC, second ST, so voted.  Motion to close the hearing ST, second RC, so voted.
2.  120 Highstone Street, St. Pierre, (NOI), SE73-2480  Field report states that this project is for the proposed replacement of an existing enclosed porch within the same footprint and place on concrete block piers, which will be set on proposed concrete footings.  The applicant is also proposing to construct a 9’ x 14’ deck and steps on top of an existing concrete pad.  This property is bordered by Big Bearhole Pond on the south and large deep marsh across the street to the east.  A BVW is located along the shore and was flagged by Dr. Walter Hewitson on 7-25-11.  MR is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows: flags 1-7, and for reference purposes only, flags 8 and A1-A5.  Work on the enclosed porch will be 23 feet from the wetland but it is also within an existing footprint.  The deck will be 33 feet from the wetland on an existing concrete pad.  A siltation barrier is depicted on the plan from the southwest corner of the house to the gravel driveway.  This is a very small lot with no alternatives to the proposed construction.  The work as presented is as far from the wetlands as possible and should not negatively impact the resource areas.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Brad Fitzgerald present representing the owner.  Motion to open the hearing, ST, second RC, so voted.  Motion to approve the wetland line ST, second NK, so voted.  RC asked if deck is referred to in ad?  No but is on plan.  NOI didn’t say it either, just said porch not deck.  Brad said its going on top of an existing concrete pad.  Motion to close the hearing, and approve with special conditions 1-5, 8, 9, 19, 21, 25, 26, and 27, ST, second RC, so voted.  

Other Business
1.  Residents on Henry Road.  They have an issue with having to pay to record COCs.  They feel the fee should be paid by the developer.  TCC waived their fees, these are the Registry of Deeds fees.  Motion to draft a letter to Mr. & Mrs. Freitas that it’s not the TCC’s matter, but rather a matter for the Registry of Deeds, ST, second RC, so voted.
2.  Eagle Scout Projects at Boyden.  They are asking for a list of any projects that need to be done out at Boyden.  Send a letter stating the TCC appreciates their request to help.  The TCC is looking for projects for them to do and will get back to them soon.  
3.  ST information on culverts.  MR will get info for ST.  BM said there is no contract with Veola (?)
4.  19 N. Walker Street.  The brush needs to be removed, its growing over from city property onto a neighbor’s property.  TCC have MR send letter over to the DPW to have them take care of this.  

Motion to adjourn, ST, second RC, so voted.  Meeting ended at 7:45pm