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Minutes of the Taunton Conservation Commission 4-6-09
Present: Chairman Brian Marques, Vice Chair Steven Turner, Commissioners Neil Kelly, Marla Isaac, Renwick Chapman, and Ernest Enos. Robert Newhall was absent.
Motion to accept the minutes of March 23, 2009, ST, second NK, so voted.
Public Meetings
1. 38 Thunder Road, Kneif, (RDA), DSE-945 A field report was read stating this project is for a proposed repair and upgrade of a residential septic system. There is a BVW located in the southeast corner of the property. MR reviewed the line delineated by George Collins on 2/27/09, and agrees with the placement of the flags. MR recommends that the TCC approve flags WF1-WF6. Work located within the 100 foot buffer zone includes the 1,500 gallon septic tank and distribution box with riser, as well as some excavation of the leaching bed. The siltation barrier/limit of work will be located 80 feet from the wetland. The closest work to the wetland will be at 93 feet, with the house between the work and the wetland. As proposed, the work will not negatively impact the resource area. MR recommends that the TCC approve the project and issue a negative determination. Request for a continuance. Motion to continue to April 27, 2009, ST, second MI, so voted.
2. 4 Billings Street, Passanisi, (RDA), DSE-946 A field report was read for this project stating this is for the construction of a 10’ x 12’ deck off the back of the home, with six footings. The owner will be using 8” diameter sono tubes and will be placing the tubes 4’ deep. All work will be by hand. An 8’ x 10’ shed is also proposed to be placed approximately 15 feet from the deck. The deck will be on blocks. A tributary of Cobb Brook runs 167 feet from the house to the southwest. Work will be within the riverfront area but should not negatively impact the area. MR
recommends that the TCC approve the project and issue a negative determination. Motion to open the hearing ST, second RC, so voted. Present was Steve Passanis the homeowner. ST said it was originally 10x16 now made smaller to fit the square footage, but did he want a bigger deck? No. ST just wanted to make sure, because he would have worked with him on that. Motion to issue a negative determination, ST, second MI, so voted.
Extensions
1. Somerset Avenue, City of Taunton-DPW, (EXT), SE73-2146 A field report was read stating that the City of Taunton Department of Public Works is requesting a two year extension on the Order of Conditions issued on 5-21-08. Construction has started on the roadway but the culvert improvements have not been started. MR recommends that the TCC approve the Extension for an additional two years to May 21, 2011. Motion to approve the extension to May 21, 2011, RC, second ST, so voted. ST asked if they will be done by that time? No representatives were present. MI said 2 years would cover them.
Public Hearings
1. Fremont Street, City of Taunton, DPW, (ANRAD), SE73-2377 The applicant has submitted an ANRAD for a 36.40 acre parcel of land located along John Hancock Road with an additional access from Fremont Street. The site is also set between two railroad lines that join at Fremont Street and veer off to the west and east as you go north. The parcel location, according to the Assessor’s Office is Fremont Street. The wetlands were delineated by Wetland Strategies, Inc. (WSI) during the first two weeks in June, 2007. MR has been out to the site on four separate occasions, one with Lenore White (WSI) and Karen Nelson and
Kevin Aguiar of BETA Group. Most of the flags were still on the site, and numbers were legible. All flags were picked up via GPS. The site has a number of cart paths throughout it and has also been travelled extensively by ATVs. There are three potential vernal pools identified by the NHESP on site. Two are located within Series C, and one is within Series E. I have not been able to collect data to certify these pools at this time due to cold weather on my site visits. The site contains BVW Series C, D, and G. Isolated vegetated wetlands were identified by Series A, B, E, and F. Several intermittent streams are located in the northern portion of the site and flow westerly within the BVW into an unnamed perennial stream. MR recommends that the TCC approve the wetland delineation as follows Series A-A1-A16, A22, A24, and for reference purposes only A17-A21, and A23; Series B-B1-B4, B7-B14, and B6 for reference purposes only;
Series C-C1-C12, C17-C19, C21-C71, C73-C107, C111-C114, and for reference purposes only C13-C16, C20, C72, C108-C110, Series D-D7a-D165, D167-D168, and for reference purposes only D1-D, and D166; Series E-E1-E17, Series F-F1-F37, Series G-G1-G20. Present Kevin Aguiar-BETA Group. Motion to open the hearing, ST, second RC so voted. Motion to approve wetland line as stated in field report, ST, second MI so voted. The city is to build a small storage yard for the time being, at some point in the future they may do something out there but for now they need a building permit for this. Asked what would be stored? Gravel for anything/any jobs being done at that end of the city. RC are they certified vernal pools? MR said they are all within the BVW already, protected by 100 foot. BM said if this was not an NOI, that could be a concern but as its not, no need for that right now. Motion to approve, ST, second RC, so voted.
2. Spring Street, City of Taunton, DPW, (NOI), SE73-2378 A field report was read stating that this project is for the installation of 450 linear feet of PVC sewer pipe and manholes within the ROW of Spring Street. The pipe will run from the Summer Street Bridge to Summer Street. Work will be within the riverfront area of the Mill River. The river edge was delineated by Deborah Hill, Wetland Strategies, Inc. on February 27, 2009. There are 4 sets of flags delineating the top of bank (TOB) of the Mill River, all considered mean annual high water level. The flags are as follows: TOB 1A-12A, 1B-8B, 1C-5C, and 1D-6D. For the purposes of the plan, MR recommends that the TCC approve the flags, for reference purposes only, as follows: TOB 9A-12A, TOB 1C, and TOB 1D-3D. This project is exempt from the requirements for work in a Riverfront Area pursuant to 310 CMR 10.58(6) (h). It also meets the definition of a “limited project” pursuant to 310 CMR 10.53(3) (d). A siltation
barrier is depicted on the plan at the bridge on both sides of the street. This should be considered the limit of work. The City Engineer had concerns and his comments received a response from BETA Group. These memos should be read into the record tonight. The project as presented will be an improvement to the current sewer system and should not negatively impact the Mill River. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the Attached Special Conditions. Motion to open the hearing, ST, second RC, so voted. Motion to accept the flags, ST, second RC, so voted. Joe Federico was present. ST asked if the city engineer’s concerns were the TCC’s concerns also? Yes. ST asked if Mr. Frederico had the answers and if so is the TCC ok to approve it? Yes. Responses were read by Frederico. Everyone was in agreement that all the concerns were met. Motion to
approve with a standard order of conditions with special conditions 1, 2, 3, 4, 5, 6, 7, 19, 21, 25, 26, and 27, EE, second ST, so voted.
3. Dean Street & Arlington Street, DPW, (NOI), SE73-2381 A field report was read stating that this project is for the proposed construction of a new sewage pumping station and demolition of the existing pumping station. The existing pumping station is under-capacity and is at the end of its useful life. The new station will be constructed in close proximity to the existing station. The applicant is considering a submersible pumping station because of site constraints. This project meets the definition of a “limited project” pursuant to 310 CMR 10.53(3) (d). The site is bordered by wetlands to the
north and west with a stream 70 feet to the west of the proposed new generator building, running toward the Taunton River. The site also lies within the 100 year flood plain. The wetlands were delineated by Wetland Strategies, Inc. using flags WSI 1 to WSI 9. Earth Services Corp. had previously flagged the site and flags FL10 and FL11 are depicted on the plan. MR recommends that the TCC approve the flags as follows: flags WSI 1 to 8, and for reference purposes only, flags WSI 9 and ESC FL 9-FL 10. A small area of filling will occur in the wetland in order to grade around the pumping station. The disturbance will be temporary and a restoration plan has been submitted on the plan. Flood plain compensation has been provided with minor regarding of the former pumping station site. The project does not propose any obstructions or changes to the stream channel or banks of the stream. The City Engineer has reviewed the plans and states
that the site “appears to be well designed to protect the environment during construction, typical operation, and during flood events.” The project as presented is a needed improvement to the current system and should not negatively impact the resource areas. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the attached Special Conditions. Present was Chris Cronin. Motion to open the hearing, ST, second MI, so voted. Motion to approve the wetland line as stated in the field report, ST, second RC, so voted. The original is currently directly behind the Girls Club. It receives flow from Taunton and Raynham. Due to recent upgrades and improvements in both Taunton and Raynham, the pumping station needs to be improved/upgraded. 1,400 gallons per minute is the capacity now, it is proposed to pump 3,500 gallons per minute. The area is fenced off. RC asked if they were
looking at the total volume? Yes, RC said they were supposed to compensate for every cubic yard per elevation, how close are they to doing that? Cronin said they did the best they could. Some discussion continued between RC and the representative. Motion to approve with a standard order of conditions with special conditions 1,2, 3, 4, 5, 8, 9, 14, 15, 19, 21, 25, 26, and 27, MI, second ST, so voted. Under discussion, how long of a process? Will it affect the time the girls are at the Girls Club? Yes, it will start in the fall, but they will likely try to work restricted hours to accommodate the times of the club.
(MI stepped down)
4. 60 Hodges Street, Comm. Of Mass. (NOI), SE73-2379 A field report was read stating that this project is for the proposed demolition of 25 buildings/structures, disposal of demolition debris, and the remediation of the disturbed area to be loamed and seeded. The Howland Building is currently in use today and will only be demolished if the building can be vacated by August 2009. The Howland Building and the area immediately west of the Howland Building are the only areas of the project within the 100 foot buffer zone of the Hopewell Mill Pond. The Mill River flows into the pond north of the property and south of the carriage
house. Wetland resource areas within the vicinity of the site include BVW, land under water bodies/waterways, bank, 100 foot buffer zone, 200 foot riverfront area, and BLSF. The wetlands were delineated by Lauren Hastings, PARE Corp. Series A defines the southern bank of the river (A1-A20) and the bank of the pond (A20-A50). Series B and C define the BVWs located along the southern edge of the pond. MR recommends that the TCC approve the flags depicted on the plan as follows: flags A3-A40, B1-B9, and C1-C7. Siltation controls will consist of haybales and siltation fence and will be considered the limit of work. The majority of the 10.5 acres that is being demolished is impervious surface. Upon completion of the demolition portion of the project, all areas will be loamed and seeded, thus increasing pervious area. The project as presented is needed to ensure public safety and remediation to the site. MR recommends that the
TCC approve this plan and issue an Order of Conditions to include the attached special conditions. Motion to open the hearing, ST, second RC, so voted. Present Cari Powers from PARE Corp. Motion to approve the wetland line as stated in the field report ST, second NK, so voted. NK asked if it was approved by Mass Historical first? Yes. RC asked what was used to decide where the river started and ended? They used a wetland scientist. RC said if they went any further with an NOI, they would have to show any river characteristics in the pond. Can they use something if necessary to defend where they think the river ends? Testing done and monitoring. Motion to issue a standard order of conditions with special conditions 1, 2, 3, 4, 5, 7, 10, 16, 17, 19, 21, 25-27, RC, second NK, so voted.
(MI back in)
Violations
1. 32 Brookview Circle. Marco and Fatima Fernandes present, homeowners. They cut trees, put up a stonewall, and graded. The had called the city originally about the trees hitting wires but nothing was done so they took them down themselves. They hired contractors who never questioned and never got permits. A.P. Leitao out of Seekonk did the work. BM said the contractor should have known what needed to be done as far as permits. RC said most small contractors don’t know the rules and laws. They would not have had to come before TCC and no permits necessary for cutting trees or putting up walls
normally. But rules changes when in wetlands, buffer zones, etc. Marco said there was no mention of wetlands at the P&S. The house is in 100 foot buffer zone. MR said the property is higher, it would be a concern if all on the same level or lower, then issues like water in the basement could happen. MR said they can always replant trees. Marco said the pitch was getting worse over time, it was dangerous. BM said they are not questioning if it was safe or not, but there is a procedure to it, they need to call MR, she will come there first. Also make sure to pitch the water back not towards the neighbors. Marco will loam and seed, RC said if any further work, they need to come to TCC first. Motion to remove the violation, advised the homeowner to do the best job out there to fill in and loam and seed (6 inches of it), contact MR after they put it down and it has grown in and remove the logs that are there, ST, second NK,
so voted.
(NK out)
Other Business
1. Cohannet Street Bridge.
(NK back)
2. Complaint of fertilizer treatment done on General Cobb. MR went out to check it out. No runoff, no issues, it is all ok out there.
3. Request to reserve Boyden for 25th wedding vow renewal. Motion to approve, ST, second NK, so voted.
4. Open House At Boyden.
5. Friends of Boyden. Thanks to Marilyn Greene on her quick response with the barrels and lids out there.
6. Boyden Yard Sale.
7. Letter Re: restrooms at Boyden and the TRWA being responsible.
8. Railroad Trestle at Dean and Arlington Streets. Motion to have MR send a letter to the Police Department Dive Team, Sgt. McCaffrey, to have a crew go out and evaluate the blockage and see if they can remove it, ST, second RC, so voted. CC to ST.
9. ST have MR draft a letter. Motion to request the Police Department to open the gate at Boyden for the Easter Vigil, ST, second RC, so voted.
10. Key for Boyden. Motion that all TCC members get keys to Boyden, ST, second MI, so voted.
11. Ticket Book. Motion for MR to look into these for the commissioners, NK, second MI, so voted.
12. ST laptops, we spend so much money on paper, each commissioner should be issued one. Motion to have BM look into this and report back to the TCC on 4/27/09, MR ask the appropriate people if city hall is going wireless, could the TCC get 9 laptops, ST, second RC, so voted.
13. Email address from TMLP. Motion to research how many email addresses you can get from the TMLP, ST, second NK, so voted.
Motion to adjourn, ST, second NK, so voted. Meeting ended at 9:05 p.m.
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