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Minutes of the Taunton Conservation Commission November 2 2009
Present: Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Renwick Chapman, and Steven Turner.
Absent: Chair Brian Marques and Commissioner Robert Newhall
Motion to approve the minutes of October 19, 2009, RC, second EE, so voted.
Certificate of Compliance
1. 35 Libby Lane, Ford, (COC), SE73-2116 A field report was read stating that MR inspected this property on 10-26-2009 in preparation for the hearing for a COC. This project was to construct a single family home with deck, driveway, septic system, and associated grading and was issued an Order of Conditions on 12-8-2005. This project has not met the requirements of the order of conditions as follows: 1. several sections of erosion are evident as follows: a. along the side of the driveway, b. at the end of the driveway, and c. at the front right corner of the house, 2. the lawn needs to be overseeded to cover areas that were
washed away, 3. the note on the driveway says “ex. Dirt driveway (to be paved)” needs to be changed to “paved”, 4. concrete blocks along the hay bales to the right of the driveway must be removed, and 5. concrete detritus behind the hay bales behind the house must be removed. MR recommends that this filing be continued until the last meeting in May 2010, to rectify these issues. Motion to continue this to May 2010, RC, second MI, so voted.
Motion to go out of order to hear the violation on 206B Tremont Street, MI, second NK, so voted.
Violations
1. 206B Tremont Street. Homeowner Jackson Mello was present. There is currently no resolution, both sides of this duplex are in limbo right now. They are waiting for DEP’s decision. MR does not know what they are going to recommend to proceed with this. The issue here is the fence was put in without filing first so the owner would know where the wetland line is. It’s the stockade fence on the right hand side of the duplex. ST said it doesn’t seem fair to discuss 206B without 206A here, he feels the TCC should continue both to the same night. RC feels it doesn’t matter if the TCC
discusses one without the other, he said let’s just get it off the table. NK agrees with RC, there is no significant impact to the wetlands regarding this fence so let’s deal with this, resolve it. ST is fine with this. MR said when the representative from DEP was out there he did say the work done was minor and did not see any significant impact, no disturbance out there, but they still have not sent their response. ST asked the homeowner if he had a permit for the fence? No, when he called the building department they told him he did not need one. Motion to remove the violation given the fact that there is no significant impact to the wetlands, RC, second NK, so voted.
Motion to return to the regular order of business, NK, second RC, so voted.
Continued Public Meetings
1. 206B Tremont Street, Mello, (RDA), DSE-961 Homeowner Jackson Mello present. A field report was read stating that a site visit was conducted by the DEP on 10-7-2009. Gary Makuch, Mass DEP, Jackson Mello, 206B, Mark DeOliviera, 206A, and MR were all at the site visit. Upon completion of the visit, Mr. Makuch stated that a SCOC could not be issued because the replication areas did not take. There were originally two replication sites, of which MR was aware of just one. The second site was down Davis Street and was located at the plot where file SE73-2352 is being constructed. At this time, DEP is still
working on what to do with this filing as there is no Extension on the file. Mr. Makuch did state that the fences did not negatively impact the resource area, and that if the file were still open they could have been added as an Amendment. Because of the lapse of the Order of Conditions, this site is in limbo and so are the filings before the commission. MR recommends that the TCC continue this filing to 12-7-2009 to await a decision from DEP so that the commission and the applicant can move forward. Discussion was had over whether the TCC was able to approve this and issue a negative determination even though they are all awaiting DEP’s decision on this property. It was decided that MR was ok with granting the negative determination because it is for an RDA which is more local, where as if it were for an NOI she would recommend waiting for DEP’s decision first. Motion to issue a negative determination for this project, RC, second MI,
so voted.
Extensions
1. Lot 11 & 23 Whittenton Street, Linfield, (EXT), SE73-2218 A field report was read stating that the TCC received a request to extend the ORAD originally issued on 11-14-2006, for two years, to 11-14-2011. The reasons for the request are as follows: 1. decline of the real estate market and the applicant unable to find financing to begin the project, 2. because of the inability to gain financing, the property went into default and was purchased by Mattasolis, and 3. the new owner, Mattasolis, is seeking to complete the project. No work has been started on this site. All wetland flags have been re-hung. MR recommends
that the TCC re-approve the wetland delineation as follows: Flags A3WH-A17WH; 9WH-88WH; and for reference purposes only A1WH, A2WH, A18WH, and 8WH. Representative Alan B. Medeiros present. Motion to issue a two year extension for this project, NK, second RC, so voted.
2. Lot 300 Shores Street, Dutra, (EXT), SE73-2225 A field report was read stating that the TCC received a request to extend the order of conditions for this property for two years, to 12-5-2011. The reasons for the request are as follows: 1. decline of the real estate market; 2. the applicant is planning to develop the project in the near future and re-applying for a new order of conditions would lead to undue financial hardship. No work has been started on this site, therefore, MR recommends that the TCC grant the applicant’s request for a two year extension. Representative Alan B. Medeiros was present. RC asked
if they are still building what was shown on the original plan, no deviation? No they are sticking to the original plan submitted. Motion to grant a two year extension for this project, RC, second NK, so voted.
3. Lot 301 Shores Street, Dutra, (EXT), SE73-2226 A field report was read stating that the TCC received a request to extend the order of conditions for this property for two years, to 12-5-2011. The reasons for the request are as follows: 1. decline of the real estate market; 2. the applicant is planning to develop the project in the near future and re-applying for a new order of conditions would lead to undue financial hardship. No work has been started on this site, therefore, MR recommends that the TCC grant the applicant’s request for a two year extension. Representative Alan B. Medeiros was present. RC
asked if they plan on starting work within the month? Medeiros said he does not have the special permits in hand to do that yet. Motion to grant a two year extension for this project, MI, second EE, so voted.
4. Lot 302 Shores Street, Dutra, (EXT), SE73-2227 A field report was read stating that the TCC received a request to extend the order of conditions for this property for two years, to 12-5-2011. The reasons for the request are as follows: 1. decline of the real estate market; 2. the applicant is planning to develop the project in the near future and re-applying for a new order of conditions would lead to undue financial hardship. No work has been started on this site, therefore, MR recommends that the TCC grant the applicant’s request for a two year extension. Representative Alan B. Medeiros was
present. Motion to accept the letter and field report and place on file, EE, second NK, so voted. Motion to grant the two year extension for this project, NK, second MI, so voted.
Continued Public Hearings
1. Winthrop Street, Conway, (ANRAD), SE73-2410 A field report was read stating that on 10-8-09, MR re-walked the site with Paul Patneaude and Walter Hewiston. This property is located on the north side of Winthrop Street diagonally across from May Villa. The wetlands were delineated by Walter Hewitson on 8-18-2009. He delineated 3 wetland areas on or adjacent to this property, two of which MR did not agree. They walked this area and Dr. Hewitson dug soil samples to determine hydrology. This site has seen a great deal of disturbance and as a result, much of the wetland vegetation has encroached into upland areas. After seeing the soil samples and the walk-through, MR can attest to the validity of Dr. Hewitson’s wetland determinations. MR recommends that the TCC approve the line as follows and issue an ORAD: Flags 1WH to 12 WH; Flags A7WH to A24WH; Flags B1WH to B4WH; Flags B8WH to B43WH; and for reference purposes only Flags A1WH to A6WH, A25WH to A28WH, and B5WH to
B7WH. Representative Brian Conway was present. Motion to approve the flags as MR recommended and issue an ORAD NK, second RC, so voted. Conway had a question on taking down some trees, was told to contact MR before doing anything like that out there so she can come out and check the site and see where the trees are located.
Violations
1. 655 West Weir Street. MR said she did receive the NOI but has not received any money yet. Letter was read from Gary Silvia notifying the TCC as to why he was not present at the meeting and keeping them up to date on where they stand as far as the NOI, etc. Motion to continue this violation to 12-7-2009, NK, second EE, so voted.
Other Business
1. Letter from TRWA. Was read, received and placed on file.
2. Letter from Friends of Boyden. ST asked are they taking the lead on this or is the TCC? It seems from the letter that they were going to or trying to take the lead. MR said no the TCC should be the ones taking the lead on this, over-seeing the whole project. MR will bring in the Friends of Boyden by-laws and email/mail them to each commissioner before the requested meeting at Boyden.
3. Bent Awards. MR to get cookies, Danish, juice, etc for the presentation. Invites should also be sent to the Mayor and Council, as well as a press release.
Motion to adjourn, NK, second MI, so voted. Meeting ended at 8:22p.m.
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