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Minutes of the Taunton Conservation Commission 8/24/09
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Robert Newhall, Steven Turner, and Renwick Chapman.
Motion to approve the minutes of August 10, 2009, ST, second NK, RN voted present.
Public Meetings
1. North Walker Street, Smith, (RDA), DSE-959 A field report was read stating that this project is for proposed soil and percolation testing within the 100 foot buffer zone of a BVW. The property is on the west side of North Walker Street, almost directly across from Fisher Street. The area is at a considerably lower grade than the property to the south. The upland portion of this property is up-gradient of the wetland and pond. MR recommends that contours be placed on the plan for reference purposes. The wetland boundary was flagged by Earth Services Corp. on May 28, 2009. MR agrees with the placement of
the flags and recommends that the TCC approve flags 1-10 as the wetland boundary. The pond is accurately displayed on the plan. The perc tests will be within the upland area and will be at least 60 feet from the wetland. The proposed tests should not negatively impact the adjacent resource areas. MR recommends that the TCC approve this project and issue a negative determination. Motion to accept the wetland line, MI, second ST, so voted. Paul Patnaude representing the applicant. RC said its exempt under the wetland act. Paul said they did not do any contours and did not do any fieldwork but they will if it percs. RC said no fieldwork? Paul said they did some, enough for this hearing. Motion to issue a negative determination RN, second ST, so voted.
2. 24 Laneway Street, Dutzmann, (RDA), DSE-960 A field report was read stating that this project is for the construction of a 10’ x 38’ horse barn. This area has been utilized as a paddock, but some small trees will need to be cut in order to place the barn. The barn meets Board of Health requirements that it be at least 300 feet from the nearest dwelling off property. The barn falls within the 200 foot riparian zone of the Segreganset River, and at its closest will be 96 feet from the river. Because of zoning restrictions, it is not possible to push back the barn so that it is over 100 feet from the river. The barn will have a dirt floor, so the only impervious areas will be 8 sona tubes which will be 4 feet in the ground at the corners of each stall. This work will disturb less than 1000 sf within the riverfront area. This property is not within any NHESP Priority Habitat area. The project as proposed should not alter or negatively impact the riverfront area. MR
recommends that the TCC approve this project and issue a negative determination. RN asked where will they store the animal waste? It will be brought off property and disposed of properly. No concrete pad, yes in the paddock but no used for storing manure. They bring that to the Taunton Dump and put it in the compost heap. Motion to issue a negative determination, RC, second ST, so voted.
3. 206B Tremont Street, Mello, (RDA), DSE-961 Motion to put after the violation on 206B Tremont Street, ST, second NK, so voted.
4. 6 Appaloosa Way, Wagner, (RDA), DSE-962 A field report was read stating that this property is at the end of a cul-de-sac and has a BVW along the western property line. The applicant is requesting to construct a fence and cut 14 trees and brush in an area approximately 50’ x 5 (250 sf). The area of clearing is, at its closest point, 27 feet from the wetland. All work will be done by hand and trees will not be stumped. The applicant will plant grass seed and will also have flowers and shrubs planted, so the area will remain pervious. The work is being done to keep deer out of the yard and decrease the
incidence of ticks. Both the applicant’s wife and younger child have been diagnosed with Lyme Disease this year. In addition, creating more lawn area and mowing frequently will keep down the mosquito population. The work as proposed should not impact the BVW, therefore MR recommends that the TCC approve the project and issue a negative determination. Motion to issue a negative determination for this project, NK, second ST, so voted.
Amendments
1. Field Street, Griffith Creative Homes, (Amend), SE73-2395 A field report was read stating that this project was issued an Order of Conditions on 6/24/09 for the construction of a house, septic system, and driveway. The Applicant is requesting an Amendment for the following: 1. moving the septic system back from the original location per the Board of Health, 2. adding a garage which is outside to Riverfront Area but within the buffer zone of BVW, and 3. adding a screened porch which is in the riparian zone. The septic system will remain in the front of the property but now the reserve area will be under the driveway and the
leaching field will be parallel to the house rather than perpendicular. The well will still be more than 100 feet from the field (103 feet). The washout area will be at the front of the property and the dewatering area will remain in the same area. With the garage, the house will now be 36’ x 40’. The deck will be smaller, 13.3’ instead of 14’, with the addition of a 12.8’ x 14’ screened porch. A front porch has also been added. In the original filing there was to be 2000 sf of alteration to the riparian zone. With this amendment, the alteration will be 2050 sf. Roof drains in drywells need to be added to the garage. The work will come within 4 feet of the 25’ WPZ along the east side of the house. It is imperative that the siltation barrier be clearly and concisely set in the field. The project as amended should not negatively impact the wetlands, but care should be taken to
ensure accurate placement of the siltation barrier. MR recommends that the TCC approve the project changes and issue an Amended order of Conditions to include the previous Special conditions. Paul Patnaude was present representing the applicant. BM BM asked if they were moving the septic back from original location per the Board of Health? Yes, the B of H is telling them to move it. BM asked about the addition of the garage? Yes, the prospective buyer wants a garage and a screened porch. Board of Health letter will be read into the record. NK asked about the siltation barrier is so emphasized? MR said because it is so close to the 25 foot no touch zone. A revised plan will follow the same order of conditions. Motion to approve the amendment with a revised plan, ST, second RC, so voted. Under discussion, RN recommends going to the registry of deeds, work really cannot start until after that, and they may
run into some snags there. They should all be aware of this so they can plan accordingly.
Continued Public Hearings
1. Plot 568 Everett Street, Nadeau, (NOI), SE73-2406 A field report was read stating that this is a follow-up report. A copy of the deed was delivered to the TCC at the hearing on 8-10-09. This deed showed that the property was in existence prior to 8-7-96. A pre-construction plan was provided and sent to all commissioners prior to the hearing on 8-24-09. As of this date MR has not received compensatory calculations. The Applicant must show that the compensatory to be provided will compensate for the flood storage lost. It remains a concern that the property falls entirely within the flood plain. It is
also a concern that trees will obviously need to be cut so that a house can be constructed. Dry wells will be installed for roof runoff, however, if the flood plain is at elevation 26, roof drains will be ineffective in flood situations. With the decrease in pervious land, decrease in vegetation and negation of dry wells in storm situations, it is imperative that the Applicant prove that the compensatory storage proposed is sufficient and that the neighboring properties will not be negatively affected during storm events. If the TCC votes to approve this project, MR recommends that the attached special conditions be included. Motion to invite abutters to enter and look at the plan ST, second RN, so voted. Joseph Balmain-Everett Street is not happy after the meeting with the applicant, he has a letter and pictures. BM said there is lots of water there, have they thought of how to alleviate this? It is a combination of catch basins not
maintained and pipe not being large enough for this. BM said lets go around to the abutters and TCC with questions. MR said she was concerned with the compensatory storage shown. She said they are right about the drainage issues. They have to show MR that is this is built it will not make things worse. This calculation satisfies that. ST asked what can Nadeau do to help with the problems on this street? MI asked how many trees? They did not know. She said remember trees absorb water and when they are taken out there’s no where for the water to go. EE said there is no use other than what they propose for this area, at times they may end up with water, its not 100% but he would approve this. RN no improvement to flooding of the street and drainage. They are not bringing anything in here to show that there is any improvement and they are also going to remove trees. He will not vote for this, with water
already there, another house will just make things worse. RC said maybe a 4 x 8 foot knockout section in the foundation wall, like a doorway filled with pressure treated wood instead of a doorway. This is not compensating for water and granted a small amount will still be there but it may help. He also said the 26 contour should grade to the foundation and the flat spot. RC said you are blocking water and this would in turn block water onto 47 Everett Street. The TCC needs to know/see that they are not blocking water, they need to address this, revisit the storage calculations. NK agrees with MR, the main thing is not to negatively impact the abutters. Alfred Baptista 35 West Weir Street, said the water now is the wildlife, it brings many animals to this area. He said his yard right now floods close to the house but not into the basement, but that could change with this house going in. Joseph Balmain of 47 Everett Street said he
gets no water in the basement but will that change? He said his yard gets lots and lots of water, they cannot even use it because its always soaking wet. BM stated again that they cannot put water onto someone else’s property, it is against the law. BM said they cannot put additional water onto a property even if the property already gets water and they cannot put water if none is currently there. Diane Balmain of 47 Everett Street said the front of the property where they want to build has quite a drop there, when the TCC’s says grading, are they to fill that drop in? Not necessarily. And she believes that a lot more than half a dozen trees will be taken down. She also said they have seen plenty of wildlife on the property and in this area, beavers, turtles, etc. Another question was asked to the applicant’s representatives, are there any dens in this area? No they checked on this, no beaver, mink, or muskrat
habitat in this area. BM said they need to come back with the number of trees and put it on the plan. RC said over time trees will take up water but will not prevent flooding. He said they could grade so there is more storage volume. Diane Balmain asked when they checked for the wildlife? Wouldn’t the time of year affect what was out there? She also said of that drop that it is an extreme drop so there would have to be a lot of grading there. BM said he agreed with RC’s recommendation of doing things differently so the water drains away. Debbie Botellio said she was called in by the Balmain’s to help them with this situation. BM said for those who already have flooding we cannot stop it but we will make sure they don’t add more. BM said he has had no water in 15 years but he had no proof of this, now if water comes in he can sue the city? He was told no, but he can come back to the
TCC with this issue so the can fix it. One of the applicant’s said to Balmain that he has had no water and his house was also built by Nadeau, so you know he will make sure this is all done properly. Bryant Davis-5 Couch Street. He said there is a pipe back there, and the land is not level so they will have to grade. Davis said the applicant did a wild life survey in March, well they wouldn’t see anything then, it would be better to do the survey in December or November when the animals are more active. The representative said he was out there to look for habitat not animals. MI asked if there were vernal pools there? No shallow sand depressions, no nesting. Davis says there are turtles there. Jim Ginley-3 Couch Street said he wanted to give kudos to the applicant for even meeting with the abutters but he has some concerns. He says that by looking at the house, it isn’t that big but with the house being
placed there you are now shifting water towards all the other properties. They may not be adding water but they are definitely changing things out there. This is a neighborhood with existing properties now and there are absolutely animals there. Juanita Gallagher spoke, she is not an abutter but has become an expert on Cobb Brook. She said it may not affect them, but it could affect someone downstream. She has had an 11 year battle and the TCC says you can come back if you have problems but the TCC’s is limited on what they can do. Balmain said he did want to buy this piece of land that is being discussed but Nadeau says that is no longer on the table. ST thought the meeting would help and Nadeau would go there and better that neighborhood. He said he is not even ready to vote and at this point where things remain he would vote against this. He would like to see this continued and he knows Nadeau and his representatives
will do a good job but would like to see these concerns cleared up. Nadeau said if Balmain lets him fix his yard he will but he cannot do anything with the street. The representatives have always tried to appease everyone. A public way is something they can’t just go and fix, they will fine tune their survey. As far as the other issues go, they would like to fix it all but obviously they can’t. ST is concerned with 47 Everett Street. He said it is lower and he thinks the water will be added here. He can see where these homeowners would be nervous. ST said with the wildlife in back he knows from the plan they won’t be touching this area so that may relieve some of their concerns. Balmain said he was just confused, why was another house (with stilts) denied numerous times, how many times was it denied? MR said she can check the notes on this. No water in the basement but they cannot use their yard. Balmain said his front yard is also flooded. BM said it sounds like
Nadeau will come out to fix it. RN said here we are talking about the Cobb Brook and all things going on there. Can’t we see that by building another house out there, the water could go onto other people’s properties. The problem he sees is that water keeps coming into the Cobb Brook but nothing is done as far as fixing catch basins, etc. to help the water get out. He said he cannot see the reason for building another house here. Motion to continue to September 28, 2009, have Nadeau and his representatives meet with the abutters to go over the plan on site, have MR go out to look at this pipe that Mr. Davis spoke of, ST, second NK, so voted.
Public Hearings
1. 206A Tremont Street, DeOliveira, (NOI), SE73-2407 Motion to move this to violations under 206A Tremont Street, ST, second NK, so voted.
Violatons
1. 655 West Water Street. Shawn Moore, business owner, does not own the property. A letter was read from Green Seal and put in the file. Motion to continue this to September 28, 2009, ST, second NK, so voted. Under discussion, RN asked if he was the owner? No, his father owns it. RN questioned the other violation with the large piles that have been moved. BM said this does not have anything to do with 655 West Water Street so they are not discussing it under this violation.
2. Motion to go out of the regular order of business to discuss 491 West Water Street, RN, second ST, so voted. Shawn Moore said his dad bought this property a year ago, the building fell in so they took that pile of debris and moved it over. They checked with G. Lopes to have it removed and they quoted them $100,000.00. The pile has decayed and they just took the long pile and made it shorter but higher, there is no trash in it, just wood. (NK stepped out) RN said there was a lot of bad stuff in the pile, trash, etc. Shawn said they have never thrown trash in it, but that people come by and throw their trash there but
have never been caught. RN said the pile is bigger and now its right near the brook. ST said he would like to see this as one pile, which is what they did by combining the five little piles. ST said maybe they could put in a silt fence. Gary didn’t go any closer to the brook than is already was. RN said they did not do it to clean it up but to get more money out of the guy renting that property. This gave him more space and they could charge more money. The TCC has been very lenient with them, now they go and do something like this. Motion to have the property owner, Mr. Moore, come in on September 14, 2009, to discuss these issues with 491 West Water Street, RN, second ST, so voted. RC said any work within 100 feet of the brook or wetlands is a violation. They can operate their business but not do that work. BM said they are working close enough to the brook that they need to be aware. Even though they
are renters, the owner should have been here, he is responsible. Motion to invite Ray Johnson to the meeting on September 14, 2009, ST, second MI, RN opposed, 4-1 motion carries.
(NK back)
Back to the regular order of business, no vote taken to revert back.
3. 206A Tremont Street. Motion to continue the violation and the NOI to September 28, 2209, have the owner bring in a copy of the deed, have MR get everything that the registry has on this property, and a letter from the Board of Health stating that the septic is ok, and part of the motion-who the closing attorney was, ST, second NK, so voted. Under discussion, BM had the translator explain to the owner what was taking place, that he has a violation regarding the fence but all other title search stuff is a legal matter. RC said the fence was done by hand? Yes. Abutter Kim Parmenter spoke on this issue. She said
this land area is trouble, they have water, etc. but if he clearly violated anything then why doesn’t the TCC just make him take it down? Why are they being lenient? BM asked aesthetically, what has the fence done to improve the property? Kim said it has improved the look, the white fence has, the wooden fence looks awful. BM asked why did she not call when she saw them cut down trees last summer? She didn’t know if what they were doing was wrong. She said she had originally, way back, wanted to purchase this property but was told no house could ever go there. Now it is ok? BM said to all parties that by continuing this to September 28, 2009, the TCC will have all the facts. Kim said this is ridiculous this is a violation and they are just slapping them on the wrist. BM said we don’t know that yet. He said by continuing this it makes the TCC aware and gives them that much more opportunity to
make this right.
4. 206B Tremont Street. RN asked closing attorney? Owner could not remember, so RN would like to know that. Kim Parmenter-abutter does understand that this man has kids and wants to protect them from traffic because he has a yard so close to the street but he did not follow rules and the fence looks awful. Motion to continue to September 28, 2009 so TCC can research this further, similar action taken as with 206A Tremont Street, NK, second ST, so voted.
5. 272 Winthrop Street. Motion to excuse RN, ST, second NK, so voted. Abutter Danielle Briggs-268 Winthrop Street. BM asked why we where here looking at this? MI caught them with an excavator out back. Briggs says the overflow from the gas station is put onto this property. Cars parked, cars being towed in and out at all hours of the night and day. She said cars are stored and parked in the buffer zone. Briggs said there was a siltation fence, barrier with hay bales but that is now gone. BM asked MR is she spoke with the owner directly? She said that is correct, with ST present. BM
asked if we should issue a 21D ticket? ST said we should first get them in here on September 14, 2009. Motion to continue to September 14, 2009, if they do not show at this meeting then 21D should be issued back to August 10, 2009, have MR visit the site and measure off to show them where the buffer zone is, ST, second RC, so voted. Under discussion, BM recommends letting the owner know if he is not at the next meeting, the board will start to fine them. Juanita Gallagher asked if the gas station is in TCC jurisdiction? MR said yes, more than the house is. Juanita asked if the owner or renter is responsible? The owner is.
(RN back)
6. 1601 Bay Street #404. Son called and said dad was not coming, he will have him take it all down then there will be no violation, then no filing and no money to be spent. This is a common space anyway but he will take it down, he doesn’t want to spend the $75 filing fee. MR was there on 8/10/09 and he did the work after she told him not to, told him not to do work but to file first. RN asked you told him not to and he did it anyway? Yes. RN said fine him for doing it, go back to the day he did it. RC asked how tall the wall was? MR said maybe 2 feet tall. Motion to have the owner come in
on September 14, 2009, if he’s a no show, then start the 21D process, ST, second RN, so voted.
Other Business
1. RN met with Hart Street abutters, Mr. Glick, and Attorney Gay. They were discussing the water storage area, etc. The abutters did not want something like this near them and RN said to Glick that one way to solve this is to put it on your own property. He said they went out of the room to discuss this a bit and came back. They did decided to put it on their own property, but they still need to re-file, he’s not sure when they are coming back. He did stress to them that this was an informational meeting only. ST said he would have like to have known about this meeting.
2. South Precinct Street. Someone did culvert work week of 8/10/09 according to the neighbors at 1121 and 1107. DPW has no knowledge of it, police did not have a detail out there. Work was done on Massasoit State Park property and the area was left a mess. MR will contact Massasoit State Park to query them.
3. Legal. Will unable to come to the meeting but did give a copy of the Writ of Execution. TCC wants MR to find out what meeting he can make it to because they would like him there. Motion to have Will pick which meeting he can make, give him 2 dates in September, ST, second NK, so voted.
4. Davis Street. A field report was read stating that MR received a call from BM on Sunday regarding complaints he and MI received regarding this property. This morning MR was at the site with MI, Brian Chaves-contractor, and Antonio Sousa-owner, discussing the complaints that the TCC received. This project was approved unanimously at the 9/8/08 hearing and was issued an Order of Conditions on 9/10/08. The driveway is currently constructed according to plans with two 18” RCP pipes running under the driveway. There is currently sand and gravel on the drive and riprap slopes with riprap at both the inlet and outlet. The hay bales and silt fence further up from the road will be replaced per MR’s order. No siltation got into the wetland. The pile of wetland soil excavated from the driveway area is located on the owner’s property and will be placed in the replication area along the driveway once the driveway construction is completed. A small area in front containing soil
and roots may or may not be on the owner’s property. Karen Patneaude was requested to come out to the site and mark the property lines with wooden stakes and orange paint per MR’s request so that there would be no confusion over those said property lines. Because the land was used by the two abutting neighbors prior to construction, there is some confusion over where the boundaries are located. At this point the construction is well within the parameters of the order of conditions and therefore there is no violation. RN asked Paul Patneaude if the pipes were at the correct elevation? Yes.
5. Trestle at Arlington and Dean Streets. On 8/12 and 8/14, met at trestle to discuss work that need to be done to get trees away from the trestle. Mass Coastal RR received a $12,500.00 expenditure to get the job done. RN said to look into the trestle at Summer Street, this is also blocked.
6. 639 Middleboro Avenue. MR went out to the property and rang the bell. No one answered the door so she was unable to walk the property. MR will attempt to view it from a neighbor’s yard at #629.
(RC out)
7. Sabbatia Lake. Area along Bay Street at the boat launch was cleared a few weeks ago so that sight distance would be improved. Dangerous situation with trailers pulling out and cars going faster than posted speed. DPW to have sign put up warning drivers of trailers pulling out. Area is more than 100 feet from the lake.
(RC back)
8. Horsley and Whitten Study. Motion to give H&W permission to do the study, ST, second RN, so voted.
9. Aggregate. Motion to send a letter to Aggregate thanking them, the TCC appreciates their letter/reports being sent in a timely manner and keeping the TCC, ST, second NK, so voted.
10. Paddle down the Three Mile River. Information.
11. Motion to go into Executive Session, ST, second NK, so voted. ST-yes, MI-yes, EE-yes, BM-yes, RN-yes, RC-yes, NK-yes.
12. Motion to come out of Executive Session, ST, second NK, so voted. ST-yes, MI-yes, EE-yes, BM-yes, RN-yes, RC-yes, NK-yes. One vote made in Executive Session.
13. Motion that any time the TCC requests a City Attorney to be present, the TCC sends the request in writing and the response is to be sent back to the TCC in writing, and it’s stamped and placed in whichever file it is regarding, RN, second ST, so voted.
14. Letter to MACC. Send letter to Leslie at MACC regarding laptops. Can the TCC get them without permission and does any company give a discounted fee for them for groups.
Motion to adjourn, ST, second NK, so voted. Meeting ended at 10:25p.m.
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