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4.09.12 Conservation Commission Minutes


Minutes of the Taunton Conservation Commission April 9, 2012

Present: Chair Steven Turner, Vice Chair Neil Kelly, Commissioners Ernest Enos, Renwick Chapman, Debra Botellio, and Marla Isaac.  
Absent: Brian Marques
Motion to table the previous meeting minutes to 4-23-12, DB, second NK, so voted.
Certificate of Compliance
  • 695 South Precinct Street, Poillucci, (COC), SE73-2462  Field report states that this filing was for the construction of a five bedroom dwelling with associated grading and utilities within the 100 foot buffer zone of a BVW.  The final home dimensions are smaller than the original plan, thus taking up a smaller footprint and ending up further from the wetland.  The septic tank is located on the south side of the house rather than the front and it appears that less grading was required.  There are some problem areas that need to be addressed before a COC can be issued.  The area to the right of the house (north side) there is noticeable erosion along the edge of the paved parking area and the lawn area is showing erosion runnels.  These areas need to be stabilized.  There is also a dumpster at the end of the parking area that was not on the original filing.  I am unsure as to whether this is a permanent or temporary dumpster.  If permanent, then it will need to be on a concrete pad with stockade fencing and locked at all times per Board of Health requirements.  A revised plan showing this will also need to be submitted.  If temporary, then no action is necessary.  MR recommends that the filing be continued to May 7th so that the area to the right of the house can be made stable by re-loaming and reseeding.  Motion to continue to May 7, 2012, DB, second NK, so voted.
  • 107 Field Street, Griffith, (COC), SE73-2395  Field report states that this filing was for the construction of a single family home with septic system and later amended twice, once to change the location of the septic system, add a garage outside the riparian zone and a screened porch, and the second was to add a larger yard in the rear of the house.  The house was flip flopped with the garage and a portion of the driveway now within the riparian zone.  In addition, two retaining walls were constructed on the west side of the property, also within the riparian zone.  A third retaining wall was constructed on the east side, 27 feet from the wetland.  The additional impervious area is still within the parameters for riverfront area set by the WPA.  Work was done in significant compliance to the Order of Conditions issued on 6-24-09 and amended on 9-22-09, and 10-7-09.  Roof drains go into drywells and lawn areas are stabilized.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC, RC, second DB, so voted.
  • 103 Field Street, Griffith, (COC), SE73-2396  Field report states that this filing was for the construction of a single family home with septic system and later amended to add a larger yard in the rear of the house.  All work has been completed in significant compliance to the Order of Conditions issued on 6-24-09 and later amended on 2-12-10.  Roof drains go to drywells, the lawn area is stable and there is no encroachment into the wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC , second MI, so voted.
  • 35 Glebe Street, Arpin, (COC), SE73-2219  Field report states that this project was for the construction of a single family home, driveway and septic system within a buffer zone, with the closest work to be 26 feet from an existing BVW.  All but 65 feet of the driveway are located in the buffer zone.  The address is #33 but the filing was under #35 Glebe Street.  This house is 53 feet in length with a shorter deck, keeping the structure’s distance 65 feet from the wetland in he rear.  As stated in the Engineer’s letter, there are a number of changes from the original submittal.  A brick patio was added n the back and is 52 feet from the wetland.  This is pervious in nature so does not add to the impervious surface total of the property.  A post and rail fence was proposed but was not installed.  There is a concrete retaining wall at the end of the driveway with a riprap slope running along the side of the driveway.  A 12’ x 14’ shed was constructed in the rear of the property and is on posts.  The distance to the wetland is 23 feet.  The changes do not significantly impact the wetlands and there was no sign of disturbance to these wetlands.  All lawn areas are stable.  The work on this project has been completed in significant compliance to the order of conditions issued on 11-28-06.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC, RC, second DB, so voted.
  • 63 Short Street, Machado, (COC), SE73-2387  Field report states that this filing was for the construction of a new garage within the 100 foot buffer zone of a BVW located at the above address.  The final garage dimensions are larger than the original plan, 33’ x 27’ (891sf) compared to 32’ x 24’ (764sf).  This brought the garage three feet closer to the wetland, 34 feet rather than 37 feet.  An 8’ x 27’ concrete pad was also laid in front of the garage opening.  All areas are stable and there is no indication of siltation into the adjacent wetland.  Work has been completed in significant compliance to the order of conditions issued on 5-5-09.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC, RC, second DB, so voted.
Public Meetings
  • 20 Wintergreen Lane, Fogle, (RDA), DSE-1034  Field report states that this filing is for the proposed installation of a wood fence, above ground pool, and removal of an existing deck to be replaced by a smaller walkout.  All work will be within the 100 foot buffer zone of a BVW.  A drainage easement also exists along the east property line.  The fence will be installed by hand about 4 feet off the drainage easement to a point in the backyard 15 feet from the BVW.  This is to afford the homeowner privacy and to protect the wetland.  The pool will be 90 feet from the BVW, offset from the proposed new stoop.  MR recommends that the applicant use a cartridge filter so that there is no backwash that could wind up in the wetland and that copy of the filter information be submitted to the Conservation office for the file.  The project as presented should not negatively impact the BVW, even though one fence post will be within the 25 foot WPZ.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Present homeowners, Jonathan and Angela Fogle.  Motion to issue a negative determination with special conditions 1, 4, 18, 20, 21-remove last section of fence, NK, second RC, so voted.
Amendment
  • 13 Everett Street, Merrey, (AMEND), SE73-2453  Field report states that the applicant is requesting an amendment to the order of conditions, issued on 11-16-10, in order to put up an 18 foot diameter above ground pool.  The pool will be located behind the new garage and will be 133 feet from the stream and 56 feet from the BVW.  The addition of an above ground pool will not negatively impact the resource areas.  MR recommends that a cartridge filter be used as a backwash filter will impact the adjacent wetland.  A description of the filter should be submitted to the conservation office prior to installation.  MR recommends that the TCC approve the request to amend the order of conditions and issue an amended order of conditions with the additional special condition to use a cartridge filter.  Homeowners Kenneth and Priscilla Merrey, present.  Motion to approve the amendment, DB, second MI, so voted.  
Continued Public Hearings
  • 580 Winthrop Street, Brown, (ANRAD), SE73-2493  Motion to approve and issue an ORAD, RC, second DB, so voted.
RC OUT
  • Bassett Street, Henderson/Mass Development, (NOI), SE73-2494  Present Ken Motta, Rich Riccio from Field Engineering, Dave Partridge Tighe and Bond.  Motion to not require the fence, NK, no second, motion fails.  Motion to continue the vote until 4-23-12, DB, second MI, 3 in favor, 1 opposed, motion carries.  Consultant does not need to be present at the meeting on 4-23-12.  
RC IN
Public Hearing
  • 96 Old Colony Ave., River Bend Condominium Trust, (NOI), SE73-2496  Field report states that this filing is for the removal of a 20’ x 50’ gunite pool, concrete skirt, and chain link fence, and replacement with an 18’ x 40’ salt water pool with fitted pavers.  The area will also be landscaped and enclosed with Victorian style fencing.  The shed will also be replaced.  The current pool and skirt are 50 feet from the Taunton River.  The proposed new pool and skirt will be within the same footprint but the skirt will now be fitted with pavers which are a pervious, rather than an impervious surface with landscaping around the edges, adding to the pervious area.  The new shed will be located in the same spot as the old shed.  The new pool will be smaller and shallower than the original pool.  This work will create no significant impact to the Riverfront Area, and will actually decrease the negative impacts of the original structure.  This construction is an allowable use under 310 CMR 10.58 (4)3.(d)1. as the whole lot was in existence prior to the Rivers Protection Act of 1997.  The proposed work will be an improvement over the existing conditions and will add rather than subtract pervious area.  MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions.  Present Eric from ET Landscaping who will be doing the landscaping work, etc for project, James Torro from River Bend Condominiums and Debra from the Board of Trustees.  RC would like an existing surveyed plan.  He feels the design is fine but the plan should have an existing conditions, design plan with proposed plan and superimpose new over original.  MR did not press for such a plan because this new pool is within the footprint of the original.  It’s smaller and this whole area was there before the riverfront area protection was in affect.  Motion to have the applicant get a properly surveyed plan to the edge of proposed work or edge of river, whichever is closer, RC, no second, motion fails.  The pool is currently a safety hazard.  It is too deep for regulations and if this does not get started soon, it will be put off this year.  RC we can assume the plan is correct but there are no facts, it’s not stamped.  MR said she used Mass GIS and did not ask them for a stamped plan.  Motion to have them begin the project, during construction they are to get the surveyed plan with depictions of the riverbank as well as an as built of the new pool, and special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, and 28-provide a surveyed plan, MI, second DB, RC opposes, motion carries.  
Continued Violations
  • 78 Liberty Street.  Motion to remove the violation, continue with the bobcat and use the bridge only, send pictures when work is done, work with MR, silt fence required depending on where you are working-it needs to be on the side you are working on, DB, second RC, so voted.
Violations
  • Bluegrass Circle.  MR said to reestablish where the wetlands are, so anyone out there working is aware.  William Madden present for the applicant said they will fix ruts, put a wetlands seed mix down and orange silt fence up so it stands out.  Motion to remove violation, approve the work outside 100 foot, replicate and restore the disturbed wetland area, erect orange silt fence to depict the edge of the wetland, return to TCC with amendment to order of conditions, DB, second MI, so voted.  
Other Business
  • Boyden Issues.  Trash barrels are a concern of Friends of Boyden, they were full, overflowing a couple times and they are only emptied once a week.  DB is not for more barrels out there, it will lead to dumping, especially with the trash fee hike.  Friends of Boyden said they have covered barrels, do not need more.  They also only want them where they currently are, in parking lot and picnic area, not anywhere else.  The issue was during the time Lopes was out there, there were many people and the barrels were overflowing.  This was an issue with the once a week pick up.  Friends of Boyden was told to speak with Marilyn, maybe they can set it up with her so if there is an event, they can call for an extra pick up that week.  Also with the dog feces issues, DB wants to see the minutes on this.  Perhaps Animal Control can be called/contacted about their policy on this.  
  • Friends of Boyden.  Monthly meetings changed to the 3rd Saturday of the month from 930-1030am.  
  • Request for use of Boyden.  Request for use of Boyden by the Animal Control Facility on Sunday June 10, 2012.  Motion to approve usage of Boyden for this day, DB, second MI, so voted.
  • Deposit form from Boyden.  Motion to approve the form for a $25 deposit, DB, second MI, so voted.
  • MR attend a conference, fee of $20.  Motion to approve paying fee for conference, DB, second MI, so voted.
  • Sign certificate for Lynne.
  • Sequence of construction for Whittenton Dam.  RC was inquiring about this.  MR will look into getting this info.  
Motion to adjourn, DB, second MI, so voted.  Meeting ended at 930pm.