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Minute of the Taunton Conservation Commission June 8, 2009
Present: Chair Brian Marques, Vice Chair Neil Kelly, Ernest Enos, and Marla Isaac. Absent from the meeting were Robert Newhall and Renwick Chapman. Commissioner Steven Turner arrived during Other Business.
Motion to move approval of the minutes from the meetings on 4/27/09 and 5/18/09 to the end of the meeting, NK, second EE, so voted.
Certificate of Compliance
1. 630 John Hancock Road, Perkins Paper, (COC), SE73-2294 A field report was read stating that this project was to construct two building additions with drainage basins. All work has been completed and was constructed in significant compliance to the Order of Conditions issued on 10/29/07. All areas are stable, the siltation barriers remain in place and there is no indication of siltation into the adjacent wetlands. MR recommends that the TCC issue a COC to the Applicant. Representative Rich Riccio was present for the applicant. Motion to approve the COC, MI, second NK, so voted.
2. Plain Street, AGS Development, (COC), SE73-2191 A field report was read stating that this was a drainage remediation project that involved the construction of two drainage swales for piping and stormwater outfall to mitigate existing flooding conditions in front of 229 and 231 Plain Street. Work has been completed and all disturbed areas have been stabilized. Both swales have catch basins resting in curshed stone with stormwater flowing through corrugated pipe to a drain manhole at 227 Plain St. This project seems to have mitigated the stormwater issues on the street. MR recommends that the TCC issue a COC for this project. Present Rich Riccio for the applicant. Asked Riccio if all seem to be functioning properly? He said it
seems to, no siltation in the road, its been functioning for about a year now. Motion to approve the COC for this project, EE, second NK, so voted.
3. E. Water Street, Braga, (COC), SE73-2371 A field report was read stating that the purpose of this project was to widen the existing road by 11 feet and pave it, install two water curb stops and to install a sewer stop from an existing sewer manhole. Work had been completed in significant compliance to the Order of Conditions issued in March 2009, and all disturbed areas have been stabilized. The siltation barrier is still up and there was no negative impact to the Riverfront Area. MR recommends that the TCC issue a COC for this project. Representative Paul Patneaude present for the applicant. Motion to approve the COC for this project, NK, second EE, so voted.
Public Meetings
1. 156 Segreganset Road, Habib, (RDA), DSE-951 A field report was read stating that this project is to erect a 24-foot diameter above-ground pool that will be, at its closest, 60 feet from a BVW at the rear (east) of the property. The wetland is located downslope from the proposed pool location. There should be minimal excavation for the placement of the pool. MR does recommend that the Applicant use a cartridge filter so that there will be no backwashing of the filter within the buffer zone. The project as presented should not negatively impact the wetland, therefore MR recommends that the applicant use a cartridge filter so that there will be no backwashing of the filter within the buffer zone. The project as presented should not negatively impact the wetland,
therefore MR recommends that the TCC issue a negative determination. Applicant was asked if he was ok with using a cartridge filter? He had no problem with this. He also stated no heavy equipment in the wetlands.
2. 12 Boylston Street, Bonenfant, (RDA), DSE-952 A field report was read stating that the applicant is proposing to install an above-ground pool, 15’ x 30’, to abut an existing deck. The pool will be located approximately 99 feet from a BVW and approximately 162 feet from a perennial stream. There is no plan to alter the tree line or canopy and the pool will be placed on top of the existing lawn. It is recommended that the Applicant use a cartridge filter for the pool. Due to the proximity of the wetland resource areas, it is not advisable to use a backwash filter. As presented, this project should not negatively impact the resource areas, therefore I recommend that the TCC approve the project and issue a negative determination. Applicant asked if he was ok
with the cartridge filter? Ok with it. Also stated no heavy equipment in the wetland. Motion to issue a negative determination for this project, NK, second EE, so voted.
Extensions
1. 310 Broadway, Cumberland Farms, (EXT), SE73-2185 A field report was read stating that this project was issued an Order of Conditions on 6-21-06 for the construction of a Cumberland Farms store with gas sales at the above address. The Applicant obtained all necessary permits and purchased the property, however, construction was never started because of the downturn in the economy. Cumberland Farms remains interested in developing this site and is requesting a one year extension of the Order od Conditions, to June 21, 2010. This seems a reasonable request, but is one year sufficient time for construction? MR recommends that the TCC grant one year extension or longer if the board feels that granting more time is appropriate. Representing the
applicant was Mark Boulanger. BM recommended three years instead, Mr. Boulanger agreed. Motion to grant a three year extension, EE, second NK, so voted.
Public Hearings
1. E. Water Street Ext., Braga, (NOI), SE73-2393 A field report was read stating that this project is for he construction of a single family home within the outer 200 feet of the Riparian Zone of the Taunton River. This lot directly borders the Taunton River and is one of two lots created recently when the original lot was subdivided into two parcels through the Taunton Planning Board. No work will occur within 100 feet of the river, meeting one of the requirements under 310 CMR 10.58(4)(d)1. That states that the approving authority may allow the alteration of up to 10% of the riverfront area or 5,000 sq, whichever is greater, on a lot recorded after 10-6-97. The siltation barrier is shown along the 100 foot wetland buffer/inner riparian zone.
The wetland/top of bank line was approved under DEP file SE 73-2371 on 3/10/09. Drywells are noted on the plan as well as a dewatering area and washout area. As a single family home, stormwater management is no required. This property is near but no in the AE flood zone of the 100 year flood, elevation 13. The house will be at elevation 17 and compensatory storage will not need to be provided. This property does not fall within any estimated or priority habitat under NHESP. MR recommends that the TCC approve this project and issue an Order of Conditions with the attached special conditions. Paul Patnaude representing the applicant. Asked how many feet from the river? 105 feet from the river. They are doing this in an effort to keep work out of the inner riparian zone. Motion to approve with a standard order of conditions with special conditions 1-9, 15-17, 19, 21, 23-27, NK, second EE, so voted.
2. 111 Dean Street, Fountain, (NOI), SE73-2392 A field report was read stating that this project is for the construction of a vertical vinyl sheet wall along a portion of the Taunton River at the rear of the property. The bank is rapidly eroding and is only 20 feet from an existing commercial building and 5 feet from the existing parking lot. The Applicant is proposing to install vinyl sheet pilings with a top elevation of 8, with a riprap revetment up to the existing chainlink fence. This would stabilize the bank, preventing any further erosion into the Taunton River and additional loss to the property. The project will stabilize the bank and therefore decrease the risk of sedimentation from going into the river as well as prevent trees from
destabilizing and blocking the river. This is an improvement ot the bank of the river and will save the property owner from further risk to his property. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the attached special conditions. Representing the applicant is Jeff Tallman. On the building side of the fence they will do loam and seed within that 20 foot area instead of all riprap. Motion to approve with a standard order of conditions with special conditions 1-5, 16, 17, 19, 21, 25-27, MI, second NK, so voted.
Other Business
1. 250 Cape Highway, Conservation Restriction. Present were Mark Garrett-environmental consultant, Chris Bachelor-property manager, and Dick Sacchetti-one of the owners/partners. They were told of three recommendations for management of the conservation area, look to a municipality, a non-profit, etc. to be an active watchdog of the activities on the site. Due to the TCC being to active they thought to come before the TCC and ask them to be the watchdog for the site. They are here for a commitment from the TCC, are they willing to participate. BM asked how many acres? 16.5 acres. BM asked how the control of the land went? They own the land and can’t do anything out there without TCC permission regarding the specific area.
BM asked if the TCC will have the forefront of protecting species out there? Yes. BM asked if it would cost us any money? The amount decided is in the letter passed out tonight. BM said 10-15 years from now we may not all be here, he wants everything included in the plan. NK asked if this gives the TCC power to oversee what happens out there with wetland issues? How is this different than what the TCC does now? This goes beyond jurisdictional wetlands, not just wetlands out there but protecting the open space for betterment of the species out there. They are just here tonight to ask if the TCC is willing to participate in this. EE feels the TCC is wise to stay away from this, he doesn’t see it as an advantage for the TCC. MI said this is a turtle nesting area and they will nest in the same place for generations. She said they do move around in the area and females move more and are more frequently killed,
cutting down on their population. She thinks this is great, its great to see something like this. BM asked if they needed an agreement from TCC to go forward with this? Mark said yes, they need to go to Natural Heritage now, and with the second part, how much money to put aside for this. He said that they will need to discuss an amount, Natural Heritage wants them to work out the amount between the applicant and TCC. Mark said basically tonight find out if TCC interested or not, then speak with Natural Heritage to finalize it. MR said it is a great idea. MI said $2000 is fine for now to keep it up, but everything over time goes up. What about that issue? BM said we will visit this later. Motion to approve this, MI, second BM, to discuss this further. NK asked if there is any liability that the TCC could have in the future? Mark said as land stewards they would report to Natural Heritage if they discover any
issues out there, then in this way they could be involved in something. But Mark said the applicant is going to do what they say they are going to do. They are not exposing the city to any liability, not the land owner or the city. NK said after more discussion he is comfortable with this. BM said it is the obligation of the TCC to protect wetlands and species and this is the right thing to do. Motion to approve this, MI, second NK, EE opposed, 3-1, motion carries.
2. LAND Grant for the Three Mile River Project. Discussion of the project and what land area it encompasses. Discussed the deadline of the grant for this project, which is July 15, 2009. MI said this is a great project, there are a lot of nesting areas here and it also will now stay as flood storage. NK is uncomfortable with only the fact that there is no P&S on the property yet. Motion to approve with the condition that the approval is pending a signed P&S agreement, MI, second ST, EE opposed. 3-1 motion carries.
3. Arthur Bent Award. TCC members are to come to the next meeting with a nominee for the awards for the past 3 years.
4. Motion to accept the minutes of 4/27/09, NK, second ST, so voted.
5. Motion to accept the minutes of 5/18/09, ST, second EE, so voted.
6. Request from the Spanish Church of God to use Boyden on 6-21-09 from 1-5pm for a party for 75-100 people. Motion to approve ST, second MI, so voted.
7. Animal Shelter request to use Boyden on August 23, from 9-4pm. Motion to approve ST, second MI, so voted.
8. FYI to TCC, Sgt. McCaffrey sent a letter to Mass Coastal requesting that they fix that railroad trestle.
9. Juanita Gallagher. Asked if TCC has heard from Mr. Friere? MR said he came in about a month ago and she gave him names and numbers of 4 contractors. MR said all in the courts right now, cannot fine. BM has a question for the City Solicitor? Can the fining, if done, start from February or June 1st? BM has talked with MR regarding this situation and they have both agreed it is not her job to chase around Mr. Friere and his attorney. MR is waiting for the check to have this recorded on the deed.
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