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Minutes of the Taunton Conservation Commission July 27, 2009
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Steven Turner, Robert Newhall, and Renwick Chapman. Meeting began at 7:00 p.m.
Motion to approve the minutes of July 13, 2009, ST, second RN, so voted.
Certificate of Compliance
1. Marvel Street, Garfield, (COC), SE73-2348 A field report was read stating that this project was for the construction of a single family home with driveway, well, utilities, and grading within the outer riparian zone of an unnamed stream. The work has been completed in substantial compliance to the Order of Conditions issued on 8-13-08. There was no indication of degradation to the adjacent resource area. MR recommends that the TCC issue a COC for this project. Motion to approve the COC, NK, second RC, so voted.
2. 91 Forest Hill Drive, Pasteris, (COC), SE73-1740 A field report was read stating that this project was to construct a 26’x26’ garage and was issued an Order of conditions on 2-10-03. The Applicant purchased the house in 2007 and was not aware of the Order of Conditions or the need to file for a COC prior to requesting a building permit for an above-ground pool. In order to file the RDA, he needed to submit this request for a COC. The garage was built in significant compliance to the Order of Conditions and the wetlands were not comprised. MR recommends that the TCC issue a COC for this project. Motion to issue a
COC for this project, ST, second MI, so voted.
Public Meeting
1. 91 Forest Hill Drive, Pasteris, (RDA), DSE-956 A field report was read for this project stating that this project is for the installation of a 29’ diameter above-ground pool and deck. The pool will be located 12 feet from the adjacent BVW at its closest point. The deck will be 14.5 feet from the wetland. The area that the pool and deck will be constructed is currently established lawn. The project as presented will not negatively impact the adjacent wetland. The applicant should use a non-backwash cartridge filter for the pool. MR recommends that the TCC approve this project and issue a negative determination. Motion to issue a negative determination for this project, NK, second ST, so voted.
2. 110 Solitude Drive, Ozcan, (RDA), DSE-954 The Applicant is proposing to cut down 13 tall and fragile pine trees, several of which broke during a storm this past December, grind the stumps and replant with shorter tree varieties as well as establish more lawn area. The trees to be cut are at least 180 feet from the river. Most of the trees are in poor health, dead and/or broken at the top and are very close to the house. The applicant has provided photos of the trees and a spreadsheet showing the distance from the house and tree diameter. The work as proposed will not negatively impact the riverfront area and will create a safer
environment close to the house. By planting smaller tree varieties and fruit trees, the applicant will add to the diversity of property by providing habitat and food for wildlife. MR recommends that the TCC approve this plan and issue a negative determination. Motion to issue a negative determination for this project, planting plan to be added to the file and as a condition, MI, second St, so voted.
3. 628 Caswell Street, Luce, (RDA), DSE-955 A field report was read stating that this project is for the installation of a 15’ diameter above-ground pool. The pool will be located 67 feet from the adjacent BVW at its closest point. The distance to the leaching field will be 20 feet. The area where the pool will be placed is currently established lawn. The project as presented will not negatively impact the adjacent wetland. The applicant should use a non-backwash cartridge filter for the pool. MR recommends that the TCC approve this project and issue a negative determination. Motion to issue a negative
determination for this project, ST, second NK, so voted.
Public Hearings
1. Winthrop Street, COT-DPW, (NOI), SE73-2403 A field report was read stating that the City of Taunton is proposing an expansion of the sewer system to include construction in proximity to resource areas including replacement of an undersized depressed sewer (siphon) beneath the Taunton River at Dean Street. The streets affected included Winthrop Street, Davenport Terrace, Davenport Street, Dean Street, Duffy Drive, Williams Street, Mary Drive, Phyllis Road, Barbara Road, Ellen Road, Baylies Road, Donna Terrace, and Marilyn Drive. The wetlands were approved under DEP 73-2394. This project is considered a limited project under 310 CMR 10.53
because it is associated with the planning and design of the construction and reconstruction of an underground utility. There are four general areas of construction and area as follows:
-Area 1: this is the improvements to the siphon under the Taunton River at Dean Street. Work will consist of two new 8” HDPE pipes that will be installed using horizontal directional drilling techniques that will not require dredging or filling activities within the Taunton River and will limit disturbance to the river banks. Excavation will be limited to installation of sanitary sewer structures on each shoreline using trench boxes and sump type dewatering. The need for cofferdams or water diversions is not expected. Construction access will be required on both shore lines. Sitlation barriers will be employed to minimize disturbance to the river. Disturbed areas along the shorelines will be restored.
-Area 2: This is along Winthrop Street with 4 wetland areas delineated. All work will be in the right-of-way with no work proposed in the wetlands. The work along this area is within NHESP identified Estimated and Priority Habitats but will cause no disturbance to the resource areas.
-Area 3: This includes the Williams Streets area, Harris Street, Mary Drive, Phyllis Road, Barbara Road, Ellen Road, Marilyn Drive, Duffy Drive, Baylies Road, and Donna Terrace. Work will be within the right of way and not the resource areas.
-Area4: Davenport Terrace and Davenport Street. Work will be within the roadway right of way.
All areas near wetland resource areas will have siltation barrier to protect those resource areas. Any disturbance to wetland areas will be restored. The work as presented will have minimal impact to resource areas, with the work at the Taunton River crossing the most disruptive. An alternatives Analysis is included in the filing and this plan had the least impacts. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Chris Cronin from BETA and Lenore White from Wetland Strategies were present. Within 40’ of the river. There was a question of whether the pipes were leaking into the Taunton River? They met with DEP last week, ER plan was added. Time of year? Not from
March 15-June 15. They brought revised plans with them, shows decrease in some of the disturbance. Motion to issue a standard order of conditions with special conditions 1-9, 15, 19, 21, 24-27, 28-flush old pipes under Taunton River, 29-ER plan, and 30-at River to perform work between July and August, ST, second RC, so voted.
2. 34 ½ Briggs Street, Wells, (NOI), SE73-2402 A field report was read stating that this project is for the construction of 4 single family homes with a common driveway and utilities within the 100 foot wetland buffer zone. In addition, one of the proposed homes is within the riverfront area. An ORAD was issued by the TCC on 12-3-08. This area is not within NHESP Estimated or Priority Habitat. All homes fall within the 100 foot buffer zone of a BVW. The project area borders Cobb Brook to the west, was originally farmland and was recently subdivided into four new lots. Per the Wetlands Protection Act, 310 CMR
10.58(4)(D)1, the approving authority may allow the alteration of up to 5000 square feet or 10% of the riverfront area within a lot, whichever is greater, on a lot recorded after October 6, 1997 provided that:
-At a minimum, a 100 foot wide area of undisturbed vegetation is provide,
-Stormwater is managed,
-The proposed work does not impair the capacity of the riverfront area to provide important wildlife habitat, and
-The proposed work shall not impair groundwater or surface water quality by incorporation erosion control measures.
Lot 1, the lot within the riverfront area, will have 4800 square feet of alteration within the outer 100 feet of the riparian zone. This is within the above guidelines. All homes will have roof drains into drywells. A shallow water quality swale, 1.5 feet deep, will be located along the southern/rear property line of lots 1 and 2. A swale running north-south between lots 2 and 3 will enter this swale and a short grass swale will exit the swale to the west. A long grass swale will be located along the northern property lines at the edge of the common driveway, and a grass swale will be located at the turnaround at the west end of the driveway and drain toward the BVW and Cobb Brook. The dewatering area and concrete washout area are depicted on the plan and are outside
the 100 foot buffer zone of the BVW. A siltation barrier is depicted on the plan along the 25 foot WPZ and is marked as the limit of work. There is no construction proposed within the 100 foot inner riparian zone, therefore meeting the criteria for 100 feet of undisturbed riverfront. All four homes will be on city sewer and water as shown on page two of the plan. The proposed project as presented should not negatively impact the resource areas. MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Motion to issue a standard order of conditions with special conditions 1-5, 7-9, 11, 15-17, 19-21, 23-27, 28-deed restriction that homeowners maintain the swales, 29-deed restriction-no salt to be used on driveway, EE, second MI, so voted. Abutters concerns: Lila Medeiros 24 Knight Street, concerned with the ponds, Mr./Mrs. Hovestedt 62 Briggs Street, concerned with
flooding and snow storage.
Violations
1. 655 West Water Street. Ask Shawn to come into the next meeting on August 10, 2009. Motion to get #491 West Weir Street to come into a meeting, is this an additional violation, ask who owns this, research at the Registry of Deeds, get them to come into the meeting on 8/10/09, Shawn Moore to come into this meeting on 8/10/09, need an update on his property, ST, second EE, so voted.
2. 46 Buffington Street. Eleanor and Joseph Sergi present. Cleaned up both sides of the fence. MR will go out and check this. Motion to remove the violation and have MR go out and check both sides of the fence, ?, second ?, so voted.
Other Business
1. 100 Oak Street. Ken Goddard, MECO Environmental and Bob Palmer, son of the property owner. They have had buyers look at the property but no bites. Email each month regarding status of the monitoring. No work is being done out there. Issues are metals not migrating. Ken commits to email MR monthly with updates on the site. Juanita Gallagher an abutter had concerns with the neighborhood due to issues on this site. Informed them of what the Atty. General had told her about this property and issues like this. It was stated about 4 tenants? If the building is rented, how is it heated?
2. 147 Winthrop Street. Motion to have MR talk to Will, has he started the violation back to October, ST, second NK, so voted. Motion to have MR ask Will if the city has the right to get bonded so that they can get this work done, what is the procedure to go about this, ST, second NK, so voted.
3. Laptop Discussion. Chair to follow up on this with Mayor.
4. Arlington Trestle. Still a lot of debris there. Ask Rick from TEMA what can be done here. Get the DPW out to get it all out.
5. Follow up on 147 Winthrop Street. Public nuisance, debris put there, what about that? Put in another request for the Building Inspector to visit 147 Winthrop Street.
Motion to adjourn, ?, second ?, so voted.
Meeting ended 10:05pm
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