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12.03.12 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission December 3, 2012

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

Motion to approve the minutes of 11/5/13 and 11/19/12, DB, second RC, so voted.  
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Certificate of Compliance
1.  72 Brandy Lane, (Lot #5), T.L.C. Development, (COC), SE73-2492  Field report states that this project was for the construction of a single family house with associated grading, of which a portion of the project was within the riverfront area of the Three Mile River.  All work has been completed and all lawn areas are stable and are in significant compliance to the order of conditions issued on 3/19/12.  MR recommends that the TCC issue a COC for this project.  Representative Brad Fitzgerald present.  Motion to approve, DB, second ST, so voted.  

2.  127 Field Street, Powers, (COC), SE73-2432  Field report states that this project was for the construction of a single family house with septic system, driveway, utilities, and above ground pool.  The lawn area is stable and the grass has covered the area sufficiently.  Roof drains in the rear go to a drywell.  Roof drains in the front dispel away from the leaching field toward the street (away from the wetland).  The garage, above ground pool, and a portion of the deck were not constructed.  The addition of a 9’ x 40 concrete patio was built in the rear of the house.  With these changes there is a decrease in the overall impervious area.  Another change to the original plan was the building of boulder retaining walls along the driveway and rear of house, which reduced the overall grading scheme and decreases the potential for erosion.  Overall, the work is in significant compliance to the order of conditions issued on 4/28/10.  MR recommends that the TCC issue a COC for this project.  Motion to approve, ST, second MI, so voted.  


Public Meetings
1.  70 Kings Pond Road, Paul Ayer, (RDA), DSE-1047  Field report states that this project is for a septic system repair and associated site grading that falls within the 100-foot buffer zone of a BVW.  The wetlands were flagged by SFG Associates, Inc. on 11/5/12.  MR reviewed the placement of the flags and is in agreement.  MR recommends that the TCC approve flags 1-6 for reference purposes only.  The Applicant is proposing to place the septic tank and leaching field in the front yard.  The leaching field will be 61 feet from flag 4 at its closest point.  A siltation barrier will be placed 34 feet from the wetland and will be the limit of work.  The existing soil absorption system will be drained and abandoned.  The work as proposed should not negatively impact the adjacent wetland, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions.  Motion to open the meeting DB, second MI, so voted.  Motion to issue a negative determination, with conditions 1, 2, 3, 4, 14, 18, 19, RC, second DB, so voted.  Motion to close the hearing, MI, second DB, so voted.  

2.  25 Connie Street, Jennifer Lessard, (RDA), DSE-1048  Field report states that this project is for the construction of an 8’x 12’ mud room onto the east side of the existing house.  The wetland system is located to the north and crosses the property at a diagonal from east to west.  The mud room will be 75 feet from the wetland with the existing house between it and the wetland.  The work as proposed will pose no threat of siltation or negative effects to the wetland, issue a negative determination to include the attached special conditions. Jennifer Lessard was present, she is the homeowner.  Motion to open the hearing, DB, second RC, so voted.  Motion to issue a negative determination with conditions 1, 2, 3, 4, 18, ST, second RC, so voted.  Motion to close, ST, second DB, so voted.  


Continued Public Hearing
1.  437 Whittenton Street, David Murphy/Jefferson Dev. Partners, LLC (Anrad) SE73-2517  Motion to continue to January 14, 2013, DB, second ST, so voted.  

(RC out)

2.  Off John Hancock Road, Taunton Dev/Mass Dev, (NOI), SE73-2524   All issues have been worked out and agreed upon.  All revised plans and drainage report was received in TCC office on 11/28/12.  Ken Motta was present representing the applicant.  Motion to approve with conditions 1, 2, 3, 4, 5, 6, 8, 10, 11, 15, 16, 17, 19, 20, 21, 24, 25, 26, 27, 28, 29, 30, 31, ST, second DB, so voted.  Motion to close DB, second MI, so voted.  

(RC in)

Public Hearing
1.  Revolutionary Drive, David Fenton, Business Manager, IBEW Local 223, (Anrad), SE73-2525  Field report states that this project is presented for the approval of a wetland line delineated by Robert Gray, Sabatia Inc., on 10/2/12 for Field Engineering.  This site is an undeveloped lot between two developed lots with two large piles of soil from previous development activities.  This delineation consists of two lines-in the north the line is marked by flags WF-A to WF-E and WH1 to WH13, and running diagonally southwest to northeast, flags WF1 to WF30.  An existing paved driveway/path runs between flags WF5 and WF6.  MR reviewed the delineation and is in agreement with the placement of the flags.  MR recommends that the TCC approve the delineation and issue an ORAD for the following: Flags WF-A to WF-E, WH1 to WH13, WF1 to WF28, with WF29 and WF30 for reference purposes only.  Motion to open the hearing, ST, second DB, so voted.  Motion to approve the wetland line, ST, second Db, so voted, RC abstained.  Motion to close, DB, second MI, so voted.

2.  828 Middleboro Avenue, Ray Gosson, (NOI), SE73-  Field report states that this project is for the demolition of an existing house and the construction of a single family home, septic system, driveway, lawn, and associated grading.  An ORAD was issued on 4/25/12 for the wetland delineation.  All work will be farther than 50 feet from the wetland with establishment of a siltation barrier, at its closest, 50 feet from the resource area and encircling the project zone.  The septic system will be constructed in the front of the proposed dwelling with grading to contour 33.  A retaining wall will be constructed along the east side of the driveway to decrease the slope and control erosion.  The house will meet all zoning setbacks and clearing for the yard will extend 85 feet from the house but will be outside of the NHESP area.  Permits for the house demolition as well as one for the construction of the new house are required.  The work as presented will not negatively impact the wetlands, therefore MR recommends that the TCC approve this project and issue an order of conditions to included the attached special conditions.  Present for the applicant, Nick Dufrene.  Motion to open the hearing, DB, second MI, so voted.  Motion to approve with conditions 1, 2, 3, 4, 5, 17, 19, 21, 24, 25, 26, 27, RC, second DB, so voted.  

Violations
1.  #304 River Bend Condos.  Atty. Jeremy Kay is present with the condo owner, Danielle Myers and her brother Justin Myers.  They rent the condo and the issues out there are caused by their tenant.  They are in the process of eviction right now.  They have gone out and cleaned up the mess that was caused by their tenant.  Discussion was had on what the proper procedure would be, due to the fact that 21D tickets have been issued.  Motion to remove the violation, present copies of the statements and any info such as pictures, etc to the attorney representing the owner of the condo, have MR represent the TCC in court if needed, further research if it is possible to withdraw the 21D tickets, remove Justin Myers from the violation, DB, second ST, so voted.  

Other Business
1.  Discussion of King property.  Nature Conservancy present.  They are purchasing the property, the property is all Natural Heritage land.  All the funding is in hand, it is pretty much a done deal, they just need that piece of land included.  The language is written up and submitted.  Just needs to be accepted.  Motion to accept this wording “regarding the so-called “future roadway” located off Paul Revere Terrace in Taunton and shown on a plan of land of Betty Alden Acres recorded in Plan Book 193, Page 4, we conclude that Parcel A shown on the Acceptance Modification Plan prepared by the Bay Colony Group dated November 17, 2012 was included in the “future roadway” and not part of the so called Terra property that was donated to the city of Taunton by Joseph and Mary Terra in 1988 by a deed recorded at the Bristol North Registry of Deeds in Book 3922, Page 150.  Therefore, the width of the future roadway accessing the Douglas A. King parcel is 56.56 feet at the boundary and send it on to be reviewed by the city solicitor, DB, RC second, so voted.  
2.  Sign Emergency Certification.  
3.  Enforcement Order.  Taken back, its an exempt activity.
4.  2013 Schedule.  Motion to approve the schedule, DB, second RC, so voted.
5.  Nominations.  Motion BM for Chair, DB, second RC, all voted yes.  BM remains Chair for 2013.  Motion DB for Vice Chair, MI, second RC, all voted yes.  DB to be Vice Chair for 2013.  
6.  Fremont Street.  MR will check out Fremont Street and get DB address.

Motion to adjourn, DB, second ST, so voted.  Meeting ended at 8:15p.m.