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Minutes of the Taunton Conservation Commission 9/28/2009
Present Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Robert Newhall, and Renwick Chapman. Commissioner Steven Turner arrived at 7:05 p.m.
Minutes
Motion to approve the minutes of 9/14/09, MI, second EE, so voted.
Presentation of Hart Street.
Motion to excuse RC, MI, second NK, so voted. Present for this presentation were Tim Williams from Alan Majors & Assoc., John Glick-property owner, and Attorney David Gay representing Mr. Glick. Attorney Gay started by stating that at least three meetings, both formal and informal, had been held with the neighbors of this property. They went over many issues and many potential solutions. Things seemed to be moving along. Commissioner Newhall had an idea and brought it up at the last abutters’ meeting. It was discussed in the meeting and also by the property owner and his representatives. After much discussion about RN’s idea, they all agreed it was a go. The owner had his engineer put it on paper to see how it would work out. It seems that many years
ago there was work done on Hart Street and things weren’t done, perhaps as they should have been. Some tied in, others did not. Regardless, all this water ended up on one property and this owner has been fighting this issue for years. They have met with the DPW to see if they could come up with a solution to the water problem. First they said they could try to used what’s there and did try that but not solved and the property owner with all the water wants it all taken care of completely. So here is the engineer to discuss the idea RN had come up with and what it looks like on paper. (ST arrived 7:05) Tim Williams explained his plan and answered any questions the TCC had. The ditch was dug and the pipe put in and then just dead-ended. They plan to put in a 36” pipe with a shallow pitch which will carry any anticipated storm water down and out farther right into the brook. He did say there will be temporary
disturbance of the land there while this is all being done. BM asked why this plan is titled The Meadows? Attorney Gay said it is a mitigation to re-introduce The Meadows to the city. Tim Williams said their feeling is that if they can get out there to do the topography to get the right invert elevation, then this will work. John Glick said by looking around and seeing no abutters here tonight, he thinks that’s a good sign. He said ask RN, they all seemed happy last time they met. RN said every neighbor seemed happy, this is a great thing for the owner to take the opportunity to step up and take care of this. It will definitely serve the area. BM said so there is really no action to be taken on the part of the TCC, unless any members have issues with this. NK asked how confident they are that the invert will work? Williams said they think it will work, even if the size of the pipe needs to be increased. ST said
he is glad to see the abutters are not here upset, hopes they are happy. BM said that the board is unanimous in giving their blessing for them to go forward with this.
Certificate of Compliance
1. 26 Walker Avenue, Matos, (COC), SE73-1915 A field report was read stating that this project was to construct a single family home with related grading, driveway, and utilities, and to construct a roadway extension. All work has been completed in significant compliance to the Order of Conditions issued on 3/28/06. All areas of the lawn are growing and have been mowed. There is no evidence of siltation into the wetland areas. MR recommends that the TCC issue a COC to the applicant. Motion to issue a COC for this project, ST, second RN, so voted.
2. 1162 Cohannet Street, McGrory A field report was read stating that the applicant has not done the work approved under the order of conditions issued on 6/6/06. They are requesting a COC to finalize the filing. MR recommends that the TCC issue a COC to close out this file as now work has been done under this order. Motion to issue the COC for this project, ST, second MI, so voted. RN asked for a reason why work not done? MR said just never got it done. RN asked if property has been sold? ST said it’s up for auction.
Motion to have RC come back in, NK, second RN, so voted.
3. 25A Warren Street, Mendes, (COC), SE73-2167 A field report was read stating that this project was for a 36’ x 26’ addition to an existing single family home. All work was done in significant compliance to the order of conditions issued on 4/11/06. There was no negative impact to the adjacent wetlands. MR recommends that the TCC issue a COC for this filing. Motion to issue a COC for this project, RN, second ST, so voted.
Public Meetings
1. 25A Warren Street, Mendes, (RDA) DSE-965 A field report was read stating that this project is for installation of a 24’ round above ground pool with a 12’ x 14’ deck and a 4’ x 4’ platform with 5 stairs. The pool will be within 43 feet of the wetland with the deck and platform 82 feet from the wetland. The deck and platform will be on sona tubes and all work will be done by hand. The filter for the pool should be a cartridge filter, that is, one that does not require backwashing. Information on the filter should be submitted for the file. Work will not negatively impact the
adjacent wetlands. MR recommends that the TCC approve this project and issue a Negative Determination. Applicants Joseph and Margarite Mendes were present. They were asked if they were ok with the filter, they said yes. Motion to issue a negative determination for this project, RN, second ST, so voted.
2. 421 Winthrop Street, Corey, (RDA), DSE-964 A field report was read stating that this project is for a septic system repair and associated grading at the above address. A letter from the board of health is enclosed in the file. The wetland resource area, perennial stream, was flagged by SFG Associates on 8/26/09. MR is in agreement with the placement of the flags and recommends that the TCC approve the line, flags TB1-TB4, for reference purposes only. The existing cesspool is to be drained, crushed and abandoned, and a 2500 gallon septic tank/pump chamber combo will be installed at the side of the house. The
leaching field will be located in the rear of the house and will be 100 feet from the perennial stream. The lot existed prior to 8/7/96 (house was built in 1948) and is exempt from riverfront area requirements. The work as presented will not negatively impact the resource area. MR recommends that the TCC approve this project and issue a Negative Determination for this project. Brad Fitzgerald was present representing the applicant. Motion to approve the wetland line ST, second RN, so voted. Motion to issue a negative determination for this project with the amendment of changing 4 inches of loam to 6 inches, RN, second NK, so voted. RC did state that a siltation barrier is not necessary but during construction won’t they want one in place? Brad said no it won’t come up that high so a barrier won’t be necessary.
Motion to go out of the regular order of business NK, second RN, so voted.
Violations
1. 206 B Tremont Street. Motion to continue this to November 2, 2009, ST, second RN, so voted.
2. 206 A Tremont Street. Motion to continue this to November 2, 2009, ST, second NK, so voted.
3. 655 West Water Street. One of the business owners was present and stated his paperwork has been submitted from Green Seal. MR said almost all in, but they did meet. MR would like to see the NOI in had before they dismiss the violation. Motion to continue this to November 2, 2009, ST, second RC, so voted.
Motion to go back to the regular order of business, ST, second RN, so voted.
Continued Public Hearings
1. 206 B Tremont Street, Mello, (RDA), DSE-961 A field report was read stating that a site visit will be conducted by the DEP on 10/70/09. This site visit is to inspect the work in order to issue a COC. MR recommends that the TCC continue this filing to 10/19/09. Motion to continue to November 2, 2009, ST, second RC, so voted.
Motion to go out of order to hear 206 A Tremont Street, ST, second NK, so voted.
2. 206 A Tremont Street, DeOliveira, (NOI), SE73-2407 A field report was read stating that a site visit will be conducted by the DEP on 10/7/09. This site visit is to inspect the work in order to issue a COC. MR recommends that the TCC continue this filing to 10/19/09. Motion to continue to October 19, 2009, ST, second RN, so voted.
Motion to rescind 206 A Tremont Street violation continuance to November 2, 2009, ST, second RN, so voted.
Motion to continue 206 A Tremont Street violation to October 19, 2009, ST, second NK, so voted.
3. Plot 568 Everett, Nadeau, (NOI), SE73-2406 A field report was read stating that this is the second follow up report. MR received compensatory flood storage calculations and revised plans since the meeting held on 8/24/09. The calculations show that the total floodplain displaced by footings and foundation equals 247 c.f. The total compensatory storage to be provided inside the foundation equals 2210 c.f. The calculations show that there is sufficient compensatory flood storage provided for the displaced floodplain. The revised plan submitted on 9/15/09 shows all contours. The deck and driveway were
switched to the right side of the house and the driveway remains pervious. The driveway will also be over the existing drain line. MR spoke with Tony Abreau and asked if this could be done. He said that it could as long as the owner knows that they will need clear access to it. MR is checking with Engineering to see if there is a legal easement written. In any case, the driveway must remain pervious and a garage can never be built over the pipe. This property was denied an order of conditions in 1997 because no alternative for the impact on the floodplain was received. The plan submitted in 1997 is the same as currently submitted. There was no plan for a house to be built on stilts. The Conservation Director at that time recommends that the house be put on piers. If the TCC votes to approve this project, MR recommends that the attached special conditions be included. Motion to approve, RC, second ST, discussion first:
RC believed after listening to the discussion that 47 Everett Street’s problem has been solved. RC also told the representatives that he knows what they are trying to do with the grading out in front but the plan doesn’t reflect that, so that needs to be fixed. He said he cannot vote for this until that is fixed on the plan. Also he had issues with some of the contours. There was discussion and it was agreed upon that they would submit a revised plan with the grading as shown on the plan fixed and the contours corrected. The neighbors were discussed. The representatives: Mark Manganello and Scott Faria said they did agree to meet with abutters and did meet with some out on the site. Balmain did show the reps pictures of his property flooded and they did discuss his concerns with this new construction so close to his property. Scott said when they finished talking and started to do their survey work, Balmain told them
to get off his property and to do no survey work there. They went to their own property and surveyed from there but did no further work or had no further discussion with Mr. Balmain. Scott said that they did move the driveway from the Balmain’s side to the other side of the house so if the driveway had the possibility of acting like a dam, now that issue has been removed. RN said he believed that Mark Manganello came before this commission and said he wouldn’t want to see another house built on this brook. Manganello said he doesn’t think he would have said that, he doesn’t remember the specifics of the hearing in question and what exactly was said, but does not believe he would have said that. RN does remember him saying this and feels they are not being good stewards of the land by doing work like this so close to this area knowing all the issues out there and all along the Cobb Brook. RN said he would not vote for this. Mr. Balmain was asked why he did not want these men
on his property? He said because when someone offers you free things to get what they want, he feels if he accepts these offers he will never be able to look his neighbors in the face again. Mr. Balmain asked MR what she found out about other filings on this address? MR found only one on this plot. RC discussed what contours he had issue with. RN asked how the water will affect Mr. Balmain now? Scott and MR said Balmain will still get water from rain events period they can’t take water away, but they will not add any more. Scott said it certainly will not put any more water on Balmain’s property. Motion to rescind the motion to approve this project, RC, second ST, so voted. Motion to continue this to October 19, 2009, to give the engineer a chance to look at the topography and grading, and come back with a revised plan with the corrections made, RC, second MI, so voted. ST asked if anyone present from the
neighborhood would like to step forward and ask the engineers to take a look at or at least speak with them regarding their concerns. RN said we have had many neighbors here for this hearing but feels that as things are continued on and on, people throw their hands up and just give up and don’t come back. Balmain said all the neighbors thought it was October. BM said they were all in this room when the TCC said the date and someone should have written it down. Bryant Davis of 5 Couch Street would like them to come out and look at his yard. He has the large pipe that runs right into his yard. RC would request from applicant that when revising they include things like a detailed large scale drainage plan with flow and arrows, existing and proposed. Scott said they can do existing and proposed on their lot but cannot go survey others. RC said that’s fine. ST would like to see them speak with Mr. Davis and explain this
all to him. MR said the drainage goes from West Weir to Everett, to Cobb Brook. There is an existing pipe about 30 inches. She met with Tony Abreau and Joe Frederico out there with Mr. Davis to see where this pipe goes. She said there is no clear, concise, plan in engineering for this pipe. RN asked about running a camera through the pipe, MR said they discussed that and it will be done but they have other projects going on right now. MR said the DPW is aware of it and will get to it. Mr. Balmain said that the pipe does do more than those few streets. RN asked when Tony will get back to this? MR does not know. ST said the TCC would like to request that they get the camera done before this next meeting, also have a look at the collapsed drain out there whichever department needs to be notified about this- water, sewer, or street to see if this is broken and needs to be fixed to help with some of these issues. Motion
to have the city look into this pipe on Couch Street, find out where it is coming from and look at the drainage on Everett Street, and have this all addressed by October 19, 2009, ST, second NK, so voted.
Public Hearings
1. 67 Briar Road, Hopgood/Clarewood Homes, (NOI), SE73-2408 A field report was read stating that this project is for a septic system repair at the above address. There is a BVW that follows the back property. The wetland was delineated by Walter Hewitson on 8/20/09. MR is in agreement with the placement of the flags and recommends that the TCC approve the line as follows: flags 1-3, and for reference purposes only, flags 4-7. The septic system will be re-located to the rear of the property and the existing system in the front will be drained and abandoned. The new system will have a poly barrier and will be
37 feet from the wetland. A siltation barrier is shown and should be considered the limit of work. The work as proposed should not negatively impact the wetland, therefore MR recommends that the TCC approve the work and issue an order of conditions to include the attached special conditions. Brad Fitzgerald present representing the applicant. Motion to approve the wetland line ST, second NK, so voted. Motion to approve with a standard order of conditions with special conditions 1, 2, 3, 4, 5, 16, 17, 19, 21, 25, 26, and 27, RC, second St, so voted. RN asked if the house was abandoned? Brad said it was but is now being fixed up. RN asked if sewer was ever coming up that way? Brad said not likely.
2. 78 Liberty Street, LaBrie & Rochofort, (NOI), SE73- A field report was read stating that this project is for the construction of a 30’ x 30’ pole barn in an upland area reached via a bridge over an intermittent stream. A bridge has crossed over this stream since Mr. Ingargiola had the farm (stated by his son Donald). It has been washed out a few times over the years and it is currently constructed of wood and steel. The Applicant will not be widening the bridge. The horse trailer and truck are able to cross the span without difficulty. The barn will be located 30 feet off the southeast boundary,
and will be greater than 300 feet from any neighboring homes. It will be 74 feet from the wetland. This wetland was flagged and the area is clearly marked. The paddock for the horses will be fenced and will be at least 300 feet from abutting homes. The fence will be at least 50 feet from the wetland and all post holes will be dug by hand. The project as presented will not negatively impact the wetland or intermittent stream. All manure will be taken out rather than stored on the property. At this time, a DEP number has not been assigned this project. This project can be approved pending the DEP number or continued until the 10/19/09 hearing date. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to approve and issue a standard order of conditions with special conditions 1, 2, 3, 4, 5, 16, 17, 19, 25, 27, and 28-subject to the issuance of a
DEP number, ST, second MI, so voted. RN asked MR is any letters had been sent in from abutters? Yes one letter of concern which is in the file. The applicant said she was aware of some concerns from abutters regarding things like the horses bringing in or carrying EEE or the West Nile Virus. She said this would not be an issue, there would be no standing water etc. for mosquito breeding. RC concerned if bridge was strong enough to hold heavy equipment? Manny Leal of 62 Liberty Street said that he owns the land abutting hers and that any time she needs to move anything heavy or use heavy equipment out there, she has his total permission to use his roads. There is no problem there. ST said he is impressed with this applicant. She wrote a letter to all the neighbors informing them and trying to address any concerns. He commends her on this. RN neighbors did call him with concerns regarding manure, but he sees changes
were made with that. He also told them watch out for the low planes going over that area. MR also stated the buffer zone is clearly marked.
Other Business
MR’s Report
1. Legal. MR sent letter to Mayor, Steve, and Will inviting them to the October 5, 2009 meeting. No response yet, as of 9/28/09. MR will call again on 9/29/09.
2. Request for Executive Session. Motion to go into Executive Session, RN, second ST, so voted. ST-yes, MI-yes, EE-yes, RN-yes, RC-yes, NK-yes, and BM-yes. One motion was made and voted on during Executive Session. Motion for RC to come back in RN, second NK, so voted.
3. Somerset Avenue. Paolini and Mass Highway started work on the new crossing at Cobb Brook between #570 and 590 Somerset Avenue. A lot of silt was going down brook from their dewatering-hay bales and stone weirs have helped slow down velocity of water so silt can drop out. They are also filtering the water before letting it run through culvert and into brook. Hay bales are set up in front of catch basins. Lots of water in street Monday morning, but they have it under control. Work will hopefully be done by the end of this week. RN and MR were there. RN stopped work because they had no boom set up, no
one even knew what that was. Mass Highway’s standard operating procedure is to have a boom in place, there was something there but it wasn’t good enough. RN stopped them, it was or was to be put in place and then work could continue.
4. MAAC Conference. Who is going? Need approval for registration fee. Saturday October 24, 8-4. $90 per person. Attending: Robert Newhall-yes, Marla Isaac-?, Brian Marques-?, Renwick Chapman-no, Steven Turner-?, Ernest Enos-?, Neil Kelly-? Motion to approve funds for as many commissioners that want to go, ST, second NK, so voted.
5. RC has concerns with what’s coming before the TCC. Things like the regulations requiring that lines be flagged by a botanist or a wetland scientist. RC said also plans coming in with no stamp, etc. RN said with one tonight it was an RDA not an NOI. ST asked why was it not filed as an NOI? MR said because with Liberty Street, the cart path was already there. It was mentioned also that some of the applicant’s with smaller projects coming in, having them get an engineered plan can be a high cost for them. Some discussion on what should be coming before the TCC and RC was told if he sees something
that should be there and is missing, speak up about it.
6. RN had some wording on using $’s. BM go an email which told him what he already knew. RC said asked if BM asked the mayor to sign off for use of money for laptops? BM said he did get some feedback, mayor not really interested in signing.
7. Juanita spoke. Wanted to give the TCC an update that the case on Wednesday does not involve the TCC. She said she thinks the judge may make a motion to let the court make the decision so the TCC does not have to.
Motion to adjourn, MI, second ST, so voted. Meeting ended at 9:20 p.m.
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