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Minutes of the Taunton Conservation Commission August 10, 2009
Motion to approve the minutes of July 27, 2009, ST, second MI, so voted. 4 voted yes, 1 present.
Certificate of Compliance
1. 438 Broadway, Cedarwood Development, LLC, (COC), SE73-2357 A field report was read stating that MR inspected this property and found it to be mostly in compliance to the Order of Conditions issued on 10/8/08. The grass planted along the west side of the building needs to grow in more. There are too many bare patches and eroded areas. Along the rear of the building (northwest corner) there is an eroded runnel that needs to be replanted. Along the silt fence in the rear there is a hose, small tree stump and other debris that should be cleaned out. MR recommends that this request for a COC be continued for a month
in order for the grass to be replanted and given a chance to grow in and to have the debris cleaned up along the perimeter of the property. Motion to continue to October 19, 2009, RC, second RN, so voted.
2. Railroad Avenue, Figueiredo, (COC), SE73-2242 A field report was read stating that MR inspected this property and found the construction of the house to be in compliance to the Order of Conditions issued on 5/5/08; however, the lawn will require additional overseeding and watering to establish. There are a great many bare areas and signs of erosion throughout the lawn both in front and back. The limit of work is closer to the wetlands due to work done prior to siltation barriers being installed. MR issued an Enforcement Order on 9/2/08 and after the hearing on 9/8/08, the contractor was instructed to install haybales at
the edge of the disturbed areas. MR recommends that this request for COC be continued for a month to ensure that the lawn is well-established (no bare areas, all eroded areas smoothed and reseeded, and grass cut at least once). Motion to continue to October 19, 2009, RN, second RC, so voted.
3. 239 Alfred Lord Blvd., Hamie, (COC), SE73-2133 A field report was read stating that MR inspected this property and found it to be in significant compliance to the Order of Conditions issued on 12/13/05. The lawn area is well-established and there is no indication of siltation into the adjacent wetland area. MR recommends that the TCC issue a COC for this project. Motion to issue the COC for this project, ST, second RC, so voted.
Public Meetings
1. 26 Shore Drive, DeCosta, (RDA), DSE-957 A field report was read stating that this project is for the proposed installation of plastic fencing from the bottom of the hill to the beach, and metal fencing from the beach to the water’s edge along Sabbatia Lake. The fences will run along the Applicant’s property and should not infringe on the shore associations access. This property is not within NHESP or Estimated Habitat. This project is to help keep the owner’s dogs in his yard. All work should be done by hand. This work as presented should not negatively impact the lake. MR recommends
that the TCC approve this project and issue a Negative Determination. Owner Robert Costa was present. Gate will be at end of the fence, 10-15’ from the water’s edge. Will be recorded on the deed. Motion to issue a negative determination for this project, ST, second MI, so voted.
2. 10 Old Somerset Av., Mass Highway, (RDA), DSE-958 A field report was read stating that this project is to excavate, backfill, and install filter fabric and a new stone riprap pad in front of an existing state highway drainage outlet on private property and near the bank of the Three Mile River. Currently, the existing outlet is washing away the slope and a number of trees are dead or dying as a result. These trees will need to be removed as part of the project. The work as proposed will stabilize the bank and create a check on the velocity of the stormwater prior to discharge to the river. This should alleviate the
erosion that has occurred during storm events. This property is within NHESP Priority Habitat of Rare Species and is also an ACEC. This project is to correct an existing drainage outlet and is exempt from the WPA under 310 CMR 10.58(6)(a). This work will not negatively impact the resource areas and will actually ensure an improved environment for the bank of the river as it will eliminate erosion and the resultant sediment. MR recommends that the TCC approve this project and issue a negative determination. Tom McGuire from Mass Highway was present. David Butler the property owner was also present. Riprap is to be extended further, up to about 3 feet. Motion to issue a negative determination for this project, ST, second RN, so voted.
(BM arrived 7:15p.m.)
Public Hearings
1. East Water Street Ext., Kelley, (NOI), SE73-2405 A field report was read stating that this project is for the 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 the approving authority may allow the alteration of up to 10% of the riverfront area or 5,000 sq ft, whichever is greater, on
a lot recorded after 10/6/97. The plan shows the edge of the river as well as wetland line R2A to R4A. MR recommends that the TCC approve the lines as depicted on the plan. 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 SE73-2371 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 not required. This property is near but not 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 Patneaude present representing the applicant. Motion to
approve the wetland line, ST, second RC, so voted. Motion to issue a standard order of conditions with special conditions 1-5, 8, 9, 15-17, 19, 21, 23-27, ST, second NK, RN opposed, 5-1 motion carries.
2. 656 Joseph Warner Boulevard, Rubenstein/GAMA Realty, (NOI), SE73-2404 A field report was read stating that this project is for the proposed sewer force main from 656 Joseph Warner Boulevard to the Colt Circle sewer manhole. This property has a failed sewage disposal system that has at times resulted in raw sewage bubbling from the ground immediately adjacent to an unnamed river. The wetland resource areas were approved under an ORAD on 4/11/07. A sewer lift station and valve pit will be installed on the west side of the Swank Building where an existing sewer line exists the building. The force main will run across
Joseph Warner Boulevard to a manhole that will be fitted with cleanouts. The force main will then run within the grass shoulder of the roadway with approximately 630 feet within the 100-foot buffer zone of the BVW. Approximately 490 feet of the force main will be within the Riverfront Area. No permanent alteration except for the manhole covers will occur. The closest work along the roadway will be 30 feet from the BVW (SMH 1). The force main within the driveway will be 10 feet. A siltation barrier is shown on the plan and should be considered the limit of work. This property does not fall within any estimated or priority habitat under NHESP. This work will not negatively impact the resource areas and will actually ensure an improved environment for the adjacent river as it will eliminate the occurrence of raw sewage at the surface. MR recommends that the TCC approve this project and issue an order of conditions with the attached
special conditions. Bob Rego was present from Prime Engineering. He was asked how much contamination? What was the failure date? There has been no official septic system report to the Board of Health. RC said no need to report, it could delay the repair work. RN feels we should get the Board of Health in on it. Under discussion, ST agrees with RN, wants RC and RN to discuss. NK agrees with RC, ST had a question. Do we know if there are solids, wetlands ? rose to top, puddles and drains into the leaching field. Are we setting a precedent? Goes through Veolia for sewer extension permit and DEP. Motion to issue a standard order of conditions with special conditions 1-7, 10, 19, 21, 25-27, and 28-have closure of existing septic system be inspected to ensure proper crushing in accordance with Board of Health, RC, second ST, so voted.
3. Plot 568 Everett Street, Nadeau, (NOI), SE73-2406 A field report was read stating that this parcel is the last undeveloped parcel on Everett Street. It is .36 acres and is entirely within the riverfront area of Cobb Brook which runs roughly north to south along the rear property line. This lot was recorded prior to 8/7/96 and as such, the construction of a single family home is allowed where the size or shape of the lot prevents the construction from meeting the requirements of 310 CMR 10.58(4)(3). The proposed construction will disturb approximately 4,125 square feet of BLSF which is greater than 10% of the lot. A
wildlife evaluation was included in the packet and the resulting evaluation concludes that the project will not impair the site’s capacity to provide important wildlife habitat functions. Under CMR 10.57(4)(a)(1), the Applicant is required to provide compensatory storage for all flood storage volume lost. The project has been designed to provide 1,300 cubic yards of compensatory flood storage as mitigation. Where is this area located? The foundation is designed to comply with FEMA Building Code, and includes a 4 foot knockout foundation wall and a first floor elevation set above the 100 year flood elevation (elevation 26). Roof drains into drywells are depicted on the plans and the driveway will be gravel. A dewatering area and washout area are also shown on the plan at the southeast corner of the property. A siltation barrier is depicted on the plan and is the limit of work. No work is proposed within 50 feet of the brook.
One major concern is the fact that the project falls entirely in the flood zone. The lot is currently forested and trees will be cut in order to erect the house, leaving less vegetation to soak up water after rain events. This could change the hydrology enough to alter the hydrology on the adjacent lots. The applicant must show that the compensatory to be provided will compensate for the flood storage lost. MR recommends that a pre-construction plan be provided so that conditions can be compared between pre-and post-construction. Compensatory storage calculations should be provided. A copy of the deed needs to be filed as proof of existence prior to 8/7/96. The driveway must remain gravel in perpetuity. Garden and lawn debris is to be disposed of properly. If the TCC votes to approve this project, MR recommends that the attached special conditions be included. Present Mark Manganello, LEC, Scot Faria, Gallagher
Engineer. 150 Cubic feet of compensatory storage-explanation given, RC ok with this. Public Input: Steve Brodreau rents at 41 Everett Street. He is concerned because this is flooded on a regular basis, he doesn’t want it to get worse. Joseph Balmain of 47 Everett Street, he asked why where the previous hearing denied? Bad designs, wanted to purchase the property for Nadeau, told “never be approved to put a house on”. Jim Ginley 3 Couch Street. He is concerned with flooding. Joseph Medeiros, 37 West Weir Street. He is opposed to this because of the flooding issues already there across the street. He has a drainage easement from his property to the applicant’s property. Letters sent. Letter read, drainage pattern changes. Target date to break ground? This fall. Should meet with the group of neighbors, is there enough time? Show them what work is to be done. ST has concerns. Motion to continue until 8/24/09, report from all parties at this time, rendition of house,
ST, second NK, so voted.
Violation
1. 655 West Water Street. Pay a visit to Shawn and mandate him to come. Motion to continue to August 24, 2009, ST, second NK, so voted. Concerns with a violation at 491 West Water Street.
Motion to go out of order to hear about 491 West Water St, ST, second NK, so voted.
2. 491 West Water Street. Motion to start issuing 21D fines to be retro-active to date of photos, find out who owns this, continue this to August 24, 2009 RN, second, ST, so voted. Get Tony Abreau and Board of Health to check this out.
Motion to go back to order,
Other Business
1. 629-639 Middleboro Avenue. Brook between properties. Violation: needs to be looked at, across from the Blueberry Farm. Pipe there, what is it? Ask Board of Health to look at it. It could be an old cesspool. Why has all the vegetation been cut/mowed? Motion to have MR go out and report back to the TCC on 8/24/09, RN, second ST, so voted. (see photos)
2. RE: Will Flanagan’s letter. Letter from Will Flanagan regarding 147 Winthrop Street. Discussion with J.G. From BM, Will have to start execution. Problem-we have every right to revert to the original fine to Mr. Camara. Wishes Will was here. Get Flanagan to the next meeting on August 24, 2009. Also still being sued, ask Torres about this. “As they were”. Names need to be taken off. Need legal opinion. If we don’t get satisfactory answer, then we need to hire an attorney.
3. Violation at 272 Winthrop Street.
4. Laptop.
5. Railroad Trestle. Violation at the railroad trestle at Dean and Arlington Streets. Motion to issue a violation letter, get them to the August 24, 2009 meeting, NK, second EE, so voted.
Motion to adjourn, ST, second NK, so voted. Meeting ended at 9:12p.m.
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