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4.25.11 Conservation Commission Minutes

Minutes of the Taunton Conservation Commission April 25, 2011


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


Motion to approve the minutes of 4-11-11, DB, second MI, so voted.

Girl Scout Presentation for a project at Boyden.
The troop is requesting to plant pine trees at Boyden.  This would be in conjunction with the 2nd annual Arbor Day celebration.  The trees they planted last year are growing nicely.  Motion to approve the troop’s project of planting pine trees at Boyden, DB, second ST, so voted.  
Troop Names
Caitlyn Dorsey          Brianna Leite
Sophia Pinarreta                Sophia O’Brien
Victoria Pinarreta              Emily Correia



Continued Certificates of Compliance
1.  Liberty & Union Industrial Park, Taunton Dev. Corp., (COC), SE73-1653  On 12-10-10, MR recommended a number of maintenance issues to be addressed prior to the issuance of the COC.  The hearing was continued on two additional occasions to the present hearing.  MR met with Jon Connell, Field Engineering, and Rob from Lopes on 4-8-11 to review the work done and still needing to be done.  MR again went out to review the site prior to Monday’s meeting and found that the following items have been addressed:
        -Detention Basin 1: Clean out catch basin at elev. 80.03 on Stevens St.; clean all      three inverts;
        -Primary Sediment Forebay (west side of revolutionary Drive (13+00): Clean out  all accumulated sand;
        -First stream crossing: Clean up debris and silt fence on west side of road:
        -Catch basin east side of road (near 17+00): take out silt sock and clean;
        -Detention basin on Lot 5RC2: Clean inverts to forebay: This is the responsibility      of Columbia Electric.  MR will address the maintenance issue with them.
        -Catch Basin at 22+00 northeast side of road: take out silt sock and clean;
        -Catch basins at 31+00: clean at road level:
        -Catch basin between 37+00 and 38+00 west side of road: Clean;
        -Detention basin 4 on Lot 3R: Clean in front of flow control structure and outlet;      clean inlet at forebay
        -Catch basin at 49+00 on south side of road: clean surface;
        -All siltation control measures can be removed.
The wetland replication and restoration areas are all showing at least 75% wetland vegetation and meet the criteria for completion under state and local by-law as well as federal requirements.  MR recommends that the TCC issue a COC for this project.  Representative Jon Connell was present.  Motion to issue a COC for this project, DB, second MI, so voted.


Public Meeting
1. 79 Squire Lane, Williams, (RDA), DSE-1008  Field report states that this project is for the construction of a 10’ x 12’ shed within the 100-foot buffer zone of a BVW.  MR visited this property on 4-15-11 to review the placement of the shed and the proximity of the BVW.  The BVW is along the southeast side of the property and the shed is proposed on the right (southwest) side of the house, approximately 70 feet from the closest edge of the BVW.  The project as presented should not negatively impact the wetland, therefore MR recommends that the TCC approve the project and issue a Negative Determination to include the attached special conditions.  Present Leonard Williams, homeowner.  Motion to open the hearing, DB, second MI, so voted.  Motion to close the hearing and issue a negative determination with the following special conditions, 1, 2, and 4, ST, second DB, so voted.  
2.  1150 Middleboro Avenue, Woodby, (RDA), DSE-1009  Field report states that this project is for the construction of a driveway along the south side of the house at the above address.  There is a BVW located in the southwest portion of this property, within a depression, with a slope beginning approximately 40 feet from the house.  The proposed driveway is assumed to be gravel; however, it will be eight feet from the edge of the wetland and will require an area within 25 feet of the wetland to be filled in order to be level.  There will also be a number of large maples that will be cut to accommodate this driveway.  If the Applicant were to move the driveway closer to the house by 20 feet, it would alleviate the need for fill and would be further from the wetland, thus creating less impact.  Another option would be to make it shorter and closer to the house.  The project as presented is likely to negatively impact the wetland, therefore MR recommends that the TCC not approve the project as presented and issue a positive determination unless an alternative proposal is presented.  If an alternative is presented, MR requests that this hearing be continued to May 9, 2011 for review.  Present Mike Woodby, homeowner.  Motion to open the hearing, DB, second MI, so voted.  Motion to continue to May 9, 2011, have a revised plan to include trees, driveway 10 feet closer, and topography, and have homeowner meet with MR, DB, second MI, so voted.  


Continued Public Hearings
1. 97 Ingell Street, cooperative Productions, Inc., (NOI), SE73-2452  The field report states that this project is for proposed construction of two handicap ramps, one at the rear of the building and the second in the front; removal of a portion of the building in the front as well as the walkway; removal of the garage in the rear of the main building; resurfacing of the paved parking areas, and re-grading of existing fill piles and spreading washed stone on an existing gravel driveway in the rear of the building.  A BVW exists along the northeast and west boundaries.  This wetland was previously flagged by Walter Hewitson in 2007 and SFG Associates in 2008, and approved under file number SE73-2327.  The flags were refreshed by Hydric Solutions in 2010.  MR reviewed the wetland line on 3-18-11.  MR agrees with the placement of the flags and requests that the TCC approve the line as follows: flags A50A8, and flags A1-A4, and A9-A13 for reference purposes only.  The proposed work area will be protected by a siltation barrier (depicted on the plan), which is shown as the limit of work.  The parking lot to the south, the razed portion of the building and garage, and landscape areas are all outside the 100-foot buffer zone.  The small parking area in the east (parking spaces 63-76), riprap area, gravel drive and handicap ramp will be within the buffer zone, with the existing gravel drive and riprap area within the 25 foot WPZ.  The existing gravel drive will be improved by adding washed stone.  The ramp is necessary for a second means of egress.  The ramp will be 35 feet from the wetland.  Re-grading of the existing fill piles will also occur within 77 feet of the BVW.  The city engineer has reviewed the plans and drainage report and states that because there is very little site work, that there is no drainage work proposes outside of the drain for the sump pump that is an improvement over what currently exists.  He also states that the additional stone on the gravel driveway will not increase runoff, although it does fall within the 25-foot WPZ.  The work as proposed will not negatively impact the BVW.  It adds pervious area, improves deteriorating pavement, and improves an existing gravel driveway to afford egress to and from a proposed handicap ramp.  This work will not increase storm water runoff.  Although work on the gravel driveway is within the 25-foot WPZ, the driveway is pre-existing, and the addition of washed stone is an improvement of that driveway.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.   Motion to approve the flags as delineated, DB, second RC, so voted.  Motion to continue this hearing to May 23, 2011, DB, second ST, so voted.  


Public Hearings
1. 565 Burt Street, Mota, (NOI), SE73-2467  The field report states that this project is for a septic repair within the 100-foot buffer zone of a BVW.  The wetland was flagged by Walter Hewitson on 2-23-11.  Dr. Hewitson used 10 pink flags, 1WH-10WF to delineate this wetland.  MR reviewed the wetland line on 2-20-11.  MR is in agreement with the placement of the flags and requests that the TCC approve the line as follows: flags 3-10, and flags 1 & 2 for reference purposes only.  The proposed work area will be protected by a siltation barrier (depicted on the plan), which will be within 3 feet of the wetland at flag 3.  The existing S.A.S. will be removed along with contaminated material.  The new leaching system will be infiltrator Quick4 system and will be a raised system.  Grading will fall within 5 feet of flag 5.  The existing tank will be replaced with a 1500 gallon tank.  The leach field itself will be 25 feet at its closest point to the wetland.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Representative Brad Fitzgerald present.  Motion to open the hearing, DB, second RC, so voted.  Motion to approve the flags DB, second ST, so voted.  Motion to close the hearing and approve with special conditions 1-5, 10, 17, 19, 21, 25-27, and 28-shed to be removed, and 29-foundation drain be directed to the .  southerly property line, DB, second RC, so voted.  
2.  Westcoat Drive, Taunton Municipal Airport, (NOI), SE73-  The field report states that this project is for the proposed rehabilitation of the existing Turf Runway 4-22, (RW 4-22) and re-alignment of the existing Turf Connector Taxiway at the Taunton Municipal Airport.  Wetlands and the perennial were delineated by Horsley Witten Group on April 27 and 28, 2009, and September 2, 2009.  The airport is not within NHESP priority or estimated habitat area.  MR reviewed the wetland lines and agrees with the placement of the flags.  Along the south and west borders of the Turf Runway is located a BVW along the perennial stream (locally known as Third Brook) that is marked by flags 1-8.  East of the runway about 100 feet is a BVW marked by flags 200-221.  An isolated emergent wetland is located at the northwestern end of the runway and is delineated using flags 100-133.  A perennial stream (Third Brook) flows in a northerly direction along the western property line and southern property line (flowing westerly), and is flagged using flags MAHW 1-60.  MR is in agreement with the placement of the flags and recommends that the TCC approve the flags as noted above.  The 100-foot and 200-foot riverfront area, and 100-foot wetland buffer zones are shown on the plan pages 3-6.  Work will be within the 100-foot buffer zone to BVW and isolated wetland, and within the outer riparian zone of the perennial stream.  The proposed work area will be protected by a siltation barrier (depicted on the plan), which is shown as the limit of work.  This project is currently at 25% and the Applicant is requesting approval of plans with the understanding that final design plans come before the commission prior to the start of construction.  This will be a condition under the special conditions section of the order of conditions.  Stormwater management and drainage design will be a component of the final design.  The runway is currently in poor condition with loose stone, ruts, and poor drainage and neither the runway nor the taxiway meet FAA design criteria.  The rehabilitation of the runway and taxiway will bring the airport into compliance with the FAA regulations.  The runway will not be enlarged nor will the area be altered from its current function.  Drainage of the runway will be improved to meet FAA standards and some of the fill will be used from an area within the airport.  A grading plan will be submitted for ConCom approval.  No trucks will cross streams within the airport property to transport fill material.  The work as proposed will not negatively impact the BVW or riverfront area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions for the 25% phase.  One of the special conditions is that the applicant is to appear in front of the Commission when the final design plans are completed for ConCom approval.  Please notice that a DEP number has not been assigned at of 4:30pm today.  Motion to open the hearing, DB, second MI, so voted.  Motion to continue this to May 9, 2011, notify MR by the Friday before if the DEP # isn’t in yet, ST, second DB, so voted.  

Violations
1. 60 Pine Tree Lane.  Homeowners Chris and Pamela Kasanowsky were present.  They were not aware that they were doing work in the conservation land.  BM does not feel there was malicious intent.  Motion to remove the violation, remove/grind the stumps, and work with MR, DB, second ST, so voted.
2. 165 Winthrop Street.  Lewis Properties-East Bay Apts.  They were not the ones cutting trees.  They have been dumping grass clippings and leaves in that area for years, unaware that it was wetlands.  Motion to remove the violation, MR will monitor this area and check it out in 6 months, and the TCC advised the property manager to leave what is already there alone but they are not to dump anything else there and next time the TCC will not be as lenient, DB, second ST, so voted.
335 Staples Street.  Homeowners Christopher and Cheryl Cabral were present.  They said they cut dead trees from the area.  Mr. Cabral did have it surveyed but was apparently given the wrong information on where the wetlands started.  Motion to remove the violation and advised the homeowner if they had any questions to contact MR, ST, second DB, so voted.  
4. 115 Tremont Street.  TCC had a discussion about this property and viewed some pictures of the violation.  Motion to have Mr. O’Donnell served in had at the City Council meetine, have the officer sign off that he hand delivered it to Mr. O’Donnell, hold off on issuing any 21D tickets until the TCC has confirmation that he has in fact been served, and continue this violation to May 9, 2011, ST, second NK, so voted.

(NK out)

Motion to go out of the regular order of business to hear #2 under Other Business, DB, second ST, so voted.  

Other Business
1. 491 West Water Street.  Shawn and Brian Moore, owners.  These gentlemen were invited to the meeting to have a chance to defend themselves against what someone is saying are violations on their property.  MR said there is steel near the river, its their tenant not theirs.  It won’t be there for much longer as the tenant is moving but it has been in place there for many years.  ST asked them to send pictures in when the steel is removed.  The owners agreed, said they will send pictures before and after.  They were thanked for always working with TCC and coming in for meetings when asked.  

(NK back)
Motion to go back to the regular order of business, DB, second ST, so voted.  

2. Juanita Gallagher.  Mrs. Gallagher was present at the meeting with her husband, but left before it was here turn to speak.  TCC decided that from now on before they call anyone in on suspected violations, they want proof of the violations by the accuser, pictures or facts in writing.  
3. Motion to send a letter signed by BM to the zoning enforcement officer on what is being done regarding 115 Tremont Street, if any actions have been taken, state that MR, chair and TCC members have toured the property and saw the issues going on out there, ST, second DB, so voted.
4. Sub-Committee-discussion on by-laws and fees to be put on the agenda for May 9, 2011.
Motion to adjourn, DB, second ST, so voted.  Meeting ended at 9pm.