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3.08.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission March 8, 2010



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


Motion to approve the minutes of February 22, 2010, MI, second EE, so voted.
(NK arrived 7:03 p.m., ST arrived 7:05pm)

Discussion – Marilyn Greene, Parks & Rec
Marilyn Greene handed out a list of current employees, the number of employees working on each day in months of April-August, and a list of the Conservation Maintenance for 2009. Discussion of who is responsible for trail maintenance and what to do about River Trail. Who can close the trail? It was decided that TCC can order the trail closed and that P&R will provide signs and the means to close the trail. Motion to close the River Trail and put up signs warning the public, DB, second RC.
MR to walk with MG to determine where to place signs and block trail. Put up immediately. Right now the commission has $24K for Boyden. Cost to fix the trail is prohibitive so what can the money be used for. FOB asked to have the poles in the front entrance to be picked up. MG said that the Boy Scouts could have access to their inventory of post and rails for projects.
Bathroom problem. TRWA maintains the bathrooms. P&R plows, does snow removal, and grass cutting.
Weir Riverfront: Question of clean-up. Weir River Festival, Day of Portugal, and Relay for Life all on the same Saturday. There is a concern over leaving trash over the weekend. Decided that Allied Waste will be there with a dumpster.


Certificate of Compliance
  • 825 West Water Street, Algonquin Gas (COC), SE73-2338  A field report was read stating that this filing was for the proposed replacement of a section of existing 6” natural gas pipeline under the Taunton River. All work was completed in significant compliance to the Order of Conditions issued on June 12, 2008. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second NK, so voted.
RC steps down
  • 95 West Lake Drive, Atanassov, (COC), SE73-2166  A field report was read stating that this filing was for the construction of an addition and attached deck to an existing single family home within an existing lawn and previously developed portion of the property. All work was completed in substantial compliance to the Order of Conditions except for a near-ground-level wooden deck which was added to the west side of the home and two sets of steps to access the originally proposed deck. The additional work falls within the 25-foot no touch zone of the BVW. The work does remain pervious in that it is above the round and the deck boards have spaces for water to flow to the ground under the structure. MR recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, DB, second NK, so voted.
RC back
  • 469 West Britannia St, Soledad, (COC), SE73-2053  A field report was read stating that this filing was for the oil/hazardous materials release response action. All work was completed and all areas are stable. MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RC, second ST, so voted.
  • 996 Norton Ave, Cruz, (COC), SE73-1947  A field report was read stating that this project was for the construction of a single family dwelling with porch, septic system, driveway, landscaping, utilities, and site grading within the 200-foot Riverfront Area of the Three Mile River. All work was done in significant compliance to the Order of Conditions issued on 10/5/04. All lawn areas are stable and there is no indication of impact to the resource area.  MR recommends that the TCC issue a COC for this filing.  Motion to approve the COC for this project, ST, second NK, so voted.
  • 66 Country Way, Kiff, (COC), SE73-1942  A field report was done stating that this filing was for a septic system repair. All areas are stable and there was no siltation to the wetland. All work was done in significant compliance to the Order of Conditions issued June 21, 2004  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC for this project, DB, second RC, so voted.
Extensions
  • Goward & Coolidge, Souza, EXT), SE 73-2253  A field report was read stating that no work has commenced on this site and the Applicant has been unable to begin development due to poor economic conditions. An order of conditions was originally issued on April 24, 2007.  The Applicant has requested a three year extension to the order of conditions.  MR recommends that the TCC issue a three year extension, to 4-24-2013, for this project to include the original special conditions.  Paul Patneaude present.  Motion to approve the extension, DB, second MI, so voted.  
  • Lot 11 and 23 Whittenton Street, Mattasolis Realty Trust, (EXT) SE 73-2246.   
A field report was read stating that this project was for the construction of five condominium buildings, two buildings, and stormwater management system. The current owner is requesting a three-year Extension to the Order of Conditions set to expire on April 24, 2010. Reasons for the request include a decline in the residential real estate market resulting in the default of the mortgage held by Easton Development Corp. Mattasolis purchased this at the foreclosure auction and is seeking to complete the project subject to this Order of Conditions but requires more time to set this project in motion and commence construction. MR recommends that the TCC issue a three year extension, to 4-24-2013, for this project to include the original special conditions. Attorney Alan Medeiros present. Motion to approve the Extension ST, second DB, so voted.
  • 25 Range Avenue, Silver City Baptist Church, (EXT), SE 73-1892. A field report was read stating that this project was for the construction of a church building, parking area, utilities, drainage, landscaping, and site drainage. The original Order of Conditions, issued on March 12, 2004, was extended to March 12, 2010. Some work has been performed on the site, but a major portion of the construction has been unable to commence due to financial difficulties. The Applicant is requesting a second Extension. MR recommends that the TCC issue a three year extension, to 3/12/13. Motion to approve the Extension ST, second MI, so voted.
Public Hearings:


  • Libby Lane, Nadeau, (NOI), SE 73-2425.  A field report was read stating that this project is for the construction of a single family home with decks, septic system, driveway, utilities, and grading for a lot located along the north side of Libby Lane, just before the cul-de-sac. This work was originally approved under file SE 73-2216 but the Order of Conditions expired in 2009. The wetlands adjacent to the lot were reflagged and MR recommends that the Taunton Conservation Commission approve the delineation as follows: flags WH31 to WH48, and flags WH26-WH30 and WH49 and WH50 for reference purposes only. Motion to approve the wetland line MI, second ST, so voted.
The field report continues stating that the detention basin was completed. The Applicant placed new hay bales and silt fence a minimum of 25 feet from the wetland, as shown on the plan. The plan also depicts roof drains into dry wells for roof runoff. The septic system will be located in the front of the dwelling, with the leaching field and reserve area outside the 100-foot buffer zone. A deck is located in the rear, 38 feet from the wetland. No work is planned within 25 feet of the wetland. A dewatering area and washout area are shown to the right of the proposed driveway and will be outside the 100-foot buffer zone. MR recommends that the TCC approve the plan and issue an Order of Condtions to include the following Special Conditions: 1-5, 7, 8, 15-17, 19-21, 23-27, ST, second NK, so voted.

  • Fremont Street, Arruda, (NOI), SE 73-2426. A field report was read stating that this project is for the construction of a single family home with septic system, driveway, utilities, and grading for a lot located behind #76 Fremont Street. This property abuts a wetland located along the southern property line. This wetland was flagged by Earth Services Corp. on February 8, 2010. MR recommends that the TCC approve the delineation as follows: flags 3-11, and for reference purposes only, flags 1 and 2.  Motion to approve wetland delineation DB, second MI, so voted.
The field report continues: A long driveway will extend along the southern property line from Fremont Street to the proposed house. This driveway will be two to three feet from the wetland at flags 4, 6, 7, and 10. There is a proposed driveway easement which needs to be made part of the deed and recorded at the Registry of Deeds. Because of the property line at #76, there is no alternative placement for the driveway. A siltation barrier is depicted on the plan running the length of the southern property line. MR recommends that this is staked by the engineer to ensure the correct placement of the barrier. All reasonable care should be made to maintain the integrity of this barrier during the construction process. An existing well will be abandoned and a temporary water line will be installed along the driveway to the new home. The reserve area for the septic system will be located in the front of the house 50 feet from the wetland to conform to Board of Health requirements. The tank and leaching field are in the rear of the house and will also be 50 feet off the wetland. The plan shows roof drains into dry wells and a dewatering area and concrete washout area at least 50 feet from the wetland.
This is the worst case scenario as there is a five-year moratorium on the road. No construction can take place in the roadway, thus the temporary water service and septic system. If the owner can get a variance from the DPW, then city water and sewer will be brought into the home, the house will be moved closer to the road, and less grading will be required.
This project is in NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. We have not received a copy of the letter from NHESP.
RC is concerned with the driveway through the WPZ. Discussion continues regarding type of house, no mitigation involved. ST suggests that a letter be sent to DPW recommending that the moratorium be lifted so that the house can tie into city water and sewer. Abutter Walter Morris said that they should tie into city sewer as it is along the road. MR recommends that the TCC either continue this to a date certain or approve this plan and issue an Order of Conditions to include the attached Special Conditions on condition of a favorable recommendation from NHESP.  Motion to approve pending receipt of a favorable letter from NHESP and recommendation that a letter be sent to the DPW in favor of lifting the moratorium on the street with the following Special Conditions: 1-5, 8, 15-17, 19, 21, 23-28, ST, second MI, vote 5:1 (RC).

  • 193 Tremont Street, Burnham, (NOI), SE 73-2427. A field report was read stating that this project is to complete the development of the mobile home complex located within the wetland buffer zone and a portion of the riverfront area of Cobb Brook. The roadway and utility work have been completed. Stormwater management systems have also been completed. The project includes 4600 square feet of undisturbed naturally vegetated area per recommendations from the previous filing under DEP number SE 73-2194. Also included in this filing is verification of a wetland line. The wetland and riverfront area were originally flagged by Walter Hewitson on April 12, 2005 and approved under file number SE 73-2076. All flags were re-hung by Earth Services Corp. I reviewed the line and agree with the flagging. MR recommends that the TCC approve the wetland flagging as follows: flags 1-89. Motion to approve the wetland line RC, second NK, so voted,
The field report continues stating that the Applicant is proposing to add nine more mobile home units. As stated earlier, all utilities work has been completed. Each unit will be placed on a concrete pad and will have a canopy, driveway and shed. All work will be outside the 25-foot wetlands protection zone (WPZ). Three of the nine units will fall within the Riverfront Area and seven of the units will be within 100 feet of the wetland. Dewatering and concrete washout areas have been designated outside the buffer zones. An undisturbed naturally vegetated area has been designated to compensate for work done under DEP file number SE 73-2194. All work must comply with the new Stormwater Management Standards, effective January 2008. This project falls within Priority and Estimated Habitats of Rare Species and Wildlife. We have not received a letter from NHESP as of this date. MR recommends that the TCC continue this filing to March 22, 2010 so that the new stormwater form and the letter from NHESP are received and placed in the file. Motion RC, second MI, so voted.

Violations
  • 17 General Cobb Street.  John Chaves, property owner. The owner was presented a violation notice stating that trees were cut within a resource area (riverfront of Cobb Brook) without an Order of Conditions. Discussion regarding the violation, and the fact that the trees were diseased and needed to come down. There was no communication with the Agent. Mr. Chaves said he is willing to work with Michele to get the proper paperwork filed. The TCC motioned to remove the violation, RC, second MI, so voted. Motion for MR to work with Mr. Chaves and have trees removed and file an after-the-fact NOI, DB, second MI, so voted.
Other Business
  • N. Walker St. Conservation Property update/review of Conservation Restriction.
Kelley Whitmore, Trustees of Reservations and David McGowan, The Nature Conservancy. They would like to schedule a walk with the Commission. As part of the Conditions of the grants there needs to be a Wildlife Management Plan for the property. They would also create a formal trail through the property that would be open for passive recreation. The area is great for bird watching. Carolyn LaMarre, TRWA, said that money from the Department of Public Health could be used. This would also fall under the American Recovery Act. No Hunting signs will need to be posted. Ideas? Need to have volunteers to create a management plan. BM and MI expressed an interest in this. Who will maintain/clean it? Most likely would fall to Parks & Rec. Possible to have LeeAnn Tavares spearhead a group on Earth Day. This should be closed at dusk. TCC to walk site on March 22 at 5pm. Draft of the Conservation Restriction will be available for the next meeting. They will be going to Council a week from Tuesday, on March 16th. Need TCC support. Motion by DB, second MI, so voted. Letter signed by BM for letter of support.
  • Approve BSC to do peer review for Meadow Land Estates. RC steps down. Motion by ST, second DB, so voted.
  • Discussion on when to get peer reviews for projects. MR states that it usually is for large projects larger than 5 acres, especially subdivisions.
  • Request for Easter Sunrise Service on April 4 by Baptist Church. Approved – need to arrange for gates to be kept open the night before.
  • ID’s for commissioners?
  • 4-6 High Street Ext. Where are we with this? There has to be a way for the City to take property. Discussion.
Adjourn, NK, second DB, so voted. 9:15pm

Respectfully,

Michele Restino