 |
Minutes of the Conservation Commission May 18, 2009
Present BM, EE, MI, RN. ST arrived at 7:55 p.m.
Absent NK and RC.
Motion to approve the minutes of May 4, 2009, RN, second EE, so voted.
Motion to table the minutes of April 27, 2009, EE, second RN, so voted.
Hart Street- Chateau Estates
MR gave a rundown of what’s been happening out on the site. They have cleaned the catch basins, parking lot needs paving work, will berm (slight swale) to help this problem. BM said there is currently no violation on the property, they are working on the drainage problem, and carrying on with work now correct? MR said no yet. BM asked then what is the benefit of having them here then with the abutters if nothing is currently going on out there. It would be nothing but a conversation, no RDA, no ANRAD, no violation, so nothing to continue. RN was concerned with Mr. Replenski’s property, wanted him here to make sure he is happy. BM said to reach out to Mr. Glick to stay in contact and get him in here with Replenski.
Continued Public Meetings
1. 10 Old Somerset Avenue, Butler, (RDA) DSE-949 A field report was read stating that the applicant is proposing to erect a 10’ x 12’ shed and a vinyl 4 foot fence. This property abuts the Three Mile River and the entire property is within Riverfront Area. The Proposed shed will be located at the end of the existing driveway and will be 24 feet from the river. The shed will be placed on concrete blocks and all fuels should be stored in the garage rather than the shed. The fence will be located approximately two feet from the top of the bank and follow the river diagonally across the lot. The vinyl
fence will be put in by hand and will not require concrete. The project as presented should not negatively impact Three Mile River, therefore MR recommends that the TCC issue a Negative Determination for this project. Motion to issue a Negative Determination, EE, second MI, so voted. Under discussion, RN said there is a state culvert there and he’s concerned with things going in there untreated and then into the Three Mile River, (sand salt, etc). He asked Mr. Butler if he filed any complaints with Mass Highway but he said they said fine they will come out and do something about it if he signs a paper give them permission to go on his property to do whatever, he said forget it.
Public Meeting
1. Anawan Street, Garfield, (RDA), DSE-950 A field report was read stating that this project is for the removal of pavement from a portion of a driveway within the 100 foot buffer zone of a BVW. The construction of the house is out of TCC jurisdiction. By removing the pavement and loaming and seeding the area, the applicant is increasing pervious area within the buffer zone. There is a siltation barrier depicted on the plan that is also the limit of work and this will ensure that there is no disturbance to the adjacent wetlands. MR recommends that the TCC approve this plan and issue a negative determination.
Representative Paul Patneaude present for the applicant. Motion to issue a negative determination for this project, RN, second EE, so voted.
Extensions
1. 55 Williams Street (Village at the Moorlands), Myriad Development, LLC, (EXT), SE73-1619 A field report was read stating that this is the second Extension request from the applicant for this project known as the “Village at the Moorlands.” The previous Extension was granted on 5-16-06 and will expire on 6-19-09. They have completed approximately 80% of the project but site the poor economic conditions and the slump in the real estate market as reasons preventing them from selling the remaining units and completing the build out before the extended order of conditions expires. This site has had a few issues in
the past and an enforcement order was issued on 7-2006. Since the violations were cleared up there have been no further issues. MR does recommend that all siltation barriers in the area remaining to be built be refreshed and that MR be called to inspect prior to work commencing. Because no timeline was requested, MR recommends that the TCC issue a one year extension to the order of conditions with the same conditions as approved under the current order of conditions. Owner Rick Mastria was present. Asked him if one year was sufficient time? He preferred longer. BM remembers this property and some issues, it was cleaned up asap. BM asked Mastria if he had any objections to cleaning up/refreshing and reinforcing the silt fence? Mastria said no. RN said as long as this is done he has no problem to adding 2 years to this to make it a 3 year extensions. Motion to grant a 3 year extension, with MR’s recommendations, RN, second
EE, so voted.
2. Harding Street/Rt. 44, McGee Family Limited Partnership, (EXT), SE73-2096 Motion to move to later in the meeting, RN, second MI, so voted.
3. RR Corridor & Thrasher St. ROW, Inima USA Corp, (EXT), SE73-2142 A field report was read stating that the applicant is requesting a one year extension to the order of conditions issued by the TCC on 5-3-06. MR did not received in time to put it on the May 4th agenda. The Taunton River Desalinization Plant and pipeline to the City of Brockton are up and running, but in order to achieve full operation, they need to make a few changes to the portion of pipeline in Taunton. MR recommends that the TCC issue a one year Extension to the order of conditions with the same conditions as approved under the
current order of conditions. If there are changes that affect wetlands or in the orientation of the pipeline along the corridor, we will need revised plans for the file. Motion to grant a one year extension, RN, second EE, so voted.
Public Hearings
1. 427 Winthrop Street, Santos, (NOI), SE73-2391 A field report was read stating that this project is to replace an existing home, out-buildings, and farm stand, with a single retail building with required parking. The BVW located off-property to the north was approved under an order of conditions issued by the TCC on 2-11-09. A portion of the rear of the building that will be for “for lease retail area”, the Chamber Maxx infiltration system, parking and retaining wall are located within the 100 foot buffer zone of the BVW. A siltation barrier is shown on the plan that runs along the north, east, and south
property lines. The project meets DEP Stormwater BMPs, with 82% TSS (Total Suspended Solids) removed. A PVC “beehive” structure will be constructed at five douwnspouts to collect roof runoff for ground infiltration. Rain gardens will also be constructed on the site to accommodate stormwater storage and infiltration. Catch basins will be directed to a Chamber Maxx system that will be installed to the north behind the building. A maintenance plan is included in the body of the Drainage Report. All construction period maintenance will be the owner’s responsibility through construction contracts. Once construction is completed, the owner will be responsible for the maintenance of the pavement sweeping, cleaning of catch basins, replacement of dead plants and mulch in the rain garden areas, and general maintenance of lawn areas and parking lot. The following should be added to the plan: washout area; dewatering area; snow
storage area; diagram of beehive system under the roof drains; and elevation of chamber maxx. This project as proposed will not negatively impact the adjacent BVW. The Stormwater BMPs have been met. MR recommends that the TCC approve this plan and issue an order of conditions to include the attached special conditions. Representative Bob Campbell was present representing the owner. He forwarded details to MR that he intends to put on the plan. Sand on parking lot, no salt. Motion to approve with a standard order of conditions with special conditions 1, 2, 3, 4, 5, 7, 8, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, and 27, MI, second EE, so voted.
2. Lot 37 Craven Court, Hopgood, (NOI), SE73-2390 A field report was read stating that this project is for the construction of a single family home with associated grading, utilities, and driveway. This property is within Winthrop Heights off Winthrop Street and the wetlands were approved under file # SE73-1909 which was issued an extension to 4-6-10. A siltation barrier is depicted on the plan and is considered the limit of work and will be 25 feet from the wetland at its closest point. A washout area is located outside the 100 foot buffer zone at the southwest corner of the lot. The closest disturbance to the wetlands
will be grading at 48 feet. Drywells are proposed and shown on the plan. The project as proposed should not negatively effect the BVW, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Representative Chris Gallagher was present. Motion to approve and issue a standard order of conditions with special conditions 1, 2, 3, 4, 5, 7, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, and 27, EE, second RN, so voted.
Extensions
1. Harding Street/Rte. 44, McGee Limited Family Partnership, (EXT), SE73-1619 Motion to put at the end of the meeting, RN, second MI, so voted.
Violations
1. 70 Weir Street. Motion to put to the end of the meeting, RN, second MI, so voted.
2. 260 West Water Street. RN said that the person here representing is not the owner yet, it should be the owner present her tonight. MR said her husband is part owner. The did the repair, she is the manager. RN said it all comes back to the owner, they are always liable. BM said the registered owner should be here, not the manager. He wants MR to draft another letter to her attorney and the owners attorney stating what the TCC expects as far as this and they need to answer to this violation. MR asked if the manager will call her with the attorneys names? Yes. BM said they may not show, but she should
be held harmless of this. RN is concerned with the dumpster there in the parking lot, but MR said it is not in the TCC’s jurisdiction.
3. 655 West Water Street. Gary Silvia was present. Motion to continue to June 22, 2009, RN, second MI, so voted.
Extensions
1. Harding Street/Rte. 44, McGee Limited Family Partnership, (EXT), SE73-1619 A field report was read for this project stating that the applicant is requesting a three year extension to the order of conditions issued by the TCC on 9-11-06. There has been very little work done on the site since the issuance of the order of conditions. The applicant has been working with Mass Highway to obtain the necessary approvals for work to comply with the Special Permits and variances granted by the ZBA and DIRB. In addition, the downturn in the economy put the work on hold. The applicant expects to commence work soon. Because
of the above reasons, and the fact that very little work was done so far, MR recommends that the TCC issue a 3 year extension to the applicant with all General and Special Conditions to remain the same as the original order of conditions. In addition, prior to commencement of work, MR recommends that the siltation barrier be refreshed and that MR receive a call to inspect the barrier. A list of contacts should also be provided to the Conservation office. Attorney Gay present representing the applicant. Motion to approve the extension with MR’s recommendations, ST, second MI, so voted. Under discussion, RN asked about the issue with the abutters? Richmond Street was made residential. They are still planning to go forward with a dealership there, but much smaller.
Violations
1. 70 Weir Street. BM stated that the TCC does not have the authority to raise this to a level 4 fine, the violation was resolved. Motion to reconsider that part of the motion, ST, second MI, so voted. RN said according to MACC we can get level 4 violations if fines are levied and not paid. Motion to reconsider the vote of 25% if the $40,000.00 as opposed to the settlement of $4350.00, ST, second EE, so voted. BM met with the owners and only had $17,000.00 to work with and they came to an amount of $4350.00. He brought this to the TCC and this is where we end up. ST said where did the $40,000.00 come from? It was the total of fines but the owners did not receive anything until October, not in September. Attorney Gay said the owners bought this in foreclosure, when they received the letter they sent it to their property manager and didn’t hear anything. When the owners received a second letter, they started getting bids. They got 3 bids, they did the work and once
done, now the owners are into this property for $20,000.00 and have nothing to show for this property. Now they are in the process of dealing with the deck, what to do with it, they are still working on this. Attorney Gay did explain to the owners, pay him to go through court, or settle for $4350.00. Motion to accept the agreement with 70 Weir Street for the settlement of $4350.00, ST, second MI, so voted. RN said he would have agreed with this all along if he knew all this information before now, this is the head of conservation’s job to do this. The whole commission should have all the information in front of them, but he should be handling things like this, its his job. BM did state he was comfortable going into that meeting with the facts he had and coming out with the settlement he left with.
2. 100 Oak Street. Cannot issue a level 4 violation here, its under an NOI with the city. MR said she has no substantiated proof, they cannot lodge a complaint against a property with someone’s word. Motion to reconsider the motion of issuing a level 4 violation against this property, ST, second MI, so voted. RN said its in the books, if they don’t continue to be in touch with the TCC and work towards cleaning up the violation, then you can issue a level 4. BM said someone out with an instrument saw vapors, you can’t just say that with no proof and issue violations. MR said she was pretty sure
the owner was in contact with the TCC in April or March. RN said they violated the NOI when they never responded. Motion to have MECO in on 6-22-09, legal opinion on what date we can go back to regarding fining, RN write up and deliver fact finding documents, Mr. Murphy present, RN, second EE, so voted.
Other Business
1. Letter from Kevin re: funds from filing fees account. Motion to have copies of PO’s put forward for those computers and laptops before, ST, second RN, so voted. ST wants all things mailed now, no more emails to his personal email, RN same thing. They were under the impression that they could expend out of the wetland filing fees account without the mayor’s approval. Motion for a letter from the City Solicitor cannot vote or approve using money from the filing fees account to get laptops, a legal opinion on whether they can expend from this account, ST, second RN, so voted. BM was upset he was told no from
the Director of Conservation before any real discussion had taken place. ST said the TCC spends too much money on paper, this would be them going green, save more money on paper. ST will not wait until July for this. He uses his personal printer to print all these emails out, would rather have it all on a laptop, save more money that way, use less paper. BM said he does not want any friction between the TCC and the office, does realize that it does not look good during an economic crisis to spend money, unless the reason is to go green. MR is not the enemy, she is just reporting on what she was told. The message here to be sent back to the Director of Conservation is not hostile, they are not interested in a rift between the office and the TCC. BM will reach out to Gill Enos and the Mayor, he did email both but did not hear back from either.
2. MR will get update on Bent Award.
3. Motion to have Mass Highway with report in two weeks, RN, second ST, so voted.
Motion to adjourn, ST, second RN, so voted. Meeting ended at 9:35 p.m.
0000000000000000000000000000000000000000000000000000000000000105000000000000
| |
