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Minutes of the Conservation Commission 10-19-2009
Present: MI, EE, RN, BM, and RC. ST arrived at 7:05 and NK arrived at 7:10.
Motion to approve the minutes of 10-5-2009, RN, second MI, so voted.
Certificate of Compliance
1. 438 Broadway, Cedarwood Development, (COC), SE73-2357 A field report was read stating that in MR’s previous report she wrote “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 re-inspected this site on 10-8-2009 and found that all concerns stated above were resolved. In addition, a dead shrub in front
was replaced. As a result, all work has been completed insignificant compliance with the Order of Conditions issued on 10-8-2008. MR recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, RN, second RC, so voted.
2. Railroad Avenue, Figueiredo, (COC), SE73-2242 A field report was read stating that in MR’s previous report she wrote “…found the construction of the house to be in compliance to the order of conditions issued on 5-5-2009; 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.” MR re-inspected this site on 10-14-2009 and found that all concerns stated above have been resolved. As a result, all work has been completed in significant compliance with the order of conditions issued
on 5-5-2007. MR recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, RN, second MI, so voted.
(ST arrived)
Extensions
1. Revolutionary Drive, Taunton Development Corp., (EXT), SE73-1653 A field report was read stating that the applicant is requesting a one year extension for the Revolutionary Drive roadway and utility infrastructure. The Applicant is awaiting verification of the installed stormwater management facilities and wetland replication areas by the City Engineer and Commission and for City departments to comment on the completed work and to ensure completion of the final punch list items. This is the fifth extension request since the project was first approved in September 2002. This request is reasonable as long as the City
departments complete their inspections and all items listed on the punch lists are completed satisfactorily. The wetland replication areas are currently growing well and an additional season will not be detrimental. MR recommends that the TCC grant this additional 1 year extension to the project, with all special conditions and standard conditions remaining the same. This current Extension runs to 10-23-2009, and if granted, this Extension would run to 10-23-2010. Representative Jon Connell was present for the applicant. Motion to grant the one year extension, send a letter to the proper city departments to encourage them to get moving on this, get out there and get this work completed, RN, second RC, so voted. Discussion continued as to the departments holding this up, its not the applicant’s fault that things haven’t moved along if he’s waiting for the city. Jon Connell did tell the commission that in the case of the
engineer finding anything not done that needs to be, it will be done as soon as possible, either before winter or as soon as spring arrives.
(NK arrived)
Motion to go out of order to hear Violation on 206A Tremont Street, RN, second ST, so voted. The homeowner is not present yet.
Motion to return to the regular order of business, ST, second MI, so voted.
Continued Public Hearings
1. 206A Tremont Street, DeOliveira, (NOI), SE73-2407 Homeowner not present yet, move to the end of the meeting.
2. Plot 568 Everett Street, Nadeau, (NOI), SE73-2406 Motion to continue to the first available meeting in January, and have the applicant send letters to notify all of the abutters once there is a date certain set, ST, second NK, so voted.
Public Hearings
1. 289 Winthrop Street, D’Angelo, Inc., (NOI), SE73-2412 A field report was read stating that this project is for the proposed construction of a teller window for the future First Citizens Credit Union along with a drive-up lane and restriping the parking and driving areas on the entire site. Additional improvements include landscaping around the perimeter of the property as well as landscaped islands. This property is located on the north side of Winthrop Street and currently houses D’Angelos, Liberty Tax, and Blockbuster (location of new bank) with the entrance to the site from Par Place. There is a retaining
wall located at the northeast corner of the property which separates the parking lot from a vegetated wetland and intermittent stream. This area was flagged by John F. McGrath on 8-18-2009. The top of bank is depicted using flags labeled JFM TB1 to JFM TB6, and flags JFM1 to JFM7 were used to define the wetland. MR is in agreement with the placement of the flags in the field. MR recommends that all flags be shown on the plan. MR recommends that the TCC approve the delineation as follows: wetland flags WF3 to WF4, with flags WF1, WF2, WF5, and WF6 for reference purposes only; intermittent stream: flags TB3 and TB4, with flags TB1, TB2, TB5 to TB7, for reference purposes only. The work as proposed will not negatively impact the resource areas. MR does not recommend a siltation barrier for work near the wetland. All stormwater requirements have been met, with a reduction in impervious area. The project was approved, with a
condition requiring an order of conditions from this commission, by the DIRB. The City Engineer’s letter is included in this packet, and he recommends approval of this project. MR recommends that the TCC approve this plan and issue an order of conditions to include the attached special conditions. Motion to approve the wetland line, RC, second RN, so voted. Motion to approve with a standard order of conditions with special conditions 1-7, 16, 17, 19, 21, 25-27, RC, second EE, so voted. RN said he is happy with the plantings, definitely an improvement to the parking lot. MR agrees. ST asked if they had spoken with the neighbors? Yes, the one behind Cumberland Farms just asked for a fence, which they are going to put up for him. The abutter behind the building has a white vinyl fence already up and they are going to heavily landscape that area to give him privacy and lessen the noise.
2. 272 Winthrop Street, Dbaib, (NOI), SE73-2414 Motion to move this to the end of the meeting, ST, second RN, so voted.
3. Danforth Street, COT/DPW, (NOI), SE73-2413 A field report was read stating that the City of Taunton is proposing to eliminate an existing drain to sewer cross-connections as part of the overall Phase VI Stormwater Separation Project. This remediation will entail increasing the existing drain outfall pipe from the last drain manhole to the river from 12” to 24”. An ADS subsurface water quality structure and associated flow diversion manholes will also be installed under a portion of the dead end section of the street. This structure will meet all stormwater water quality control requirements. A concrete
headwall and rip rap scour protection pad will be added at the end of the new outfall pipe. This site is located at the dead end section of Danforth Street adjacent to #400, and bordering the Mill River. The wetland and top of bank were delineated by Lenore White, Wetland Strategies, Inc., on 7-15-2009. MR reviewed the wetland delineation on 10-15-2009, and agrees with the placement of flags. Therefore, MR recommends that the TCC approve the delineation as follows: for reference purposes only, flags WF3 to WF10, and TOB1 through TOB15, as depicted on the plan titled “Danforth Street Stormwater Separation Project”, dated 9-22-2009. The project will not increase impervious area and the majority of the disturbance will be temporary, however, the headwall and rip rap will be a permanent disturbance to the resource areas. The remainder of the disturbed area will be restored to its original condition and is minor in nature. This work
qualifies as a limited project under 310 CMR 10.53(3)(f) which includes “improving inadequate drainage systems.” The addition of the water quality unit and rip rap pad will improve the quality of the stormwater runoff entering the Mill River at that location. Areas outside the work area will be protected with a siltation barrier. This siltation barrier should be included on the plan. The City Engineer and BETA engineer were in communication with each other and the concerns expressed by the City Engineer have been addressed by BETA (see enclosed memorandum and email). This project as presented will improve the drainage system on Danforth Street and improve the quality of the stormwater entering the Mill River. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to approve the wetland line, ST, second RC, so voted. Motion to approve with a
standard order of conditions with special conditions 1-7, 19, 21, 25-27, 28-revised plan detailing rip rap, sizing of the pad, and O&M to have date spots on the plan, NK, second RC, so voted.
Will now hear 272 Winthrop Street.
Motion to have RN step down, RC, second ST, so voted.
4. 272 Winthrop Street, Dbaib, (NOI), SE73-2414 A field report was read stating that this project is for cleanup and clearing within the 100 foot buffer zone of BVW that was done without first filing with the TCC. This filing is an After the Fact NOI submitted as a result of a violation issued on 8-25-2009 and voted “resolved” by the Commission on 9-14-2009. The areas cleared were located behind the house, the majority of which is outside conservation jurisdiction, and along the rear of the property, approximately 55 feet from the wetland. There was no disturbance to the wetland. Currently the applicant has
a car carrier parked in the buffer zone (about 75 feet from the wetland), along with some type of grate and plow blades. These are not a huge issue, but the carrier could be problematic if hydraulic fluids leaked onto pervious ground rather than pavement. MR has asked that the carrier be moved. According to the Building Department, there are violations to the City’s Zoning Ordinance on this property. The TCC may wish to continue this filing to a date certain until these other issues have been resolved with the Building Department. The work that was performed did clean up the area and did not negatively impact the wetlands, but did result in minor alteration of the buffer zone. MR recommends that this area be allowed to re-vegetate naturally. If this plan is approved, MR recommends that the TCC issue an order of conditions to include the attached special conditions. ST said he thinks that is this if approved that everyone will be
happy with this solution, organize that area, have set parking spots, move the carrier. Dbaib said he will move the carrier as soon as the truck is fixed. Motion to approve with a standard order of conditions with special conditions 1-5, 21, and 28-30 days to move the car carrier, ST, second RC, so voted. Dbaib did want the TCC to know that the car carrier is all steel, no hydraulics in it at all. MR said that’s better news but still move it out of the buffer zone. RC asked how are they going to mark the parking spots, they are all crushed stone/gravel? Dbaib said maybe paint or just mark so they know where they are. ST asked are the looking to pave it down the line? Yes when they get the money together. ST said this is definitely more orderly, systematic. A letter from the Building Commission was read. RC asked if the plan they currently have is the plan for this filing or from something else?
Something else but they are getting together the money to do the filing. MR said the house and where its cleared are covered but not the parking spots. Public Input: Danielle Briggs 268 Winthrop Street. She said the parking spots are not approved because 272 is a residential property, not a business. BM said are there vehicles in these spots? Not at this time. Another abutter Oscar of 273 Winthrop Street said they only talk of 272 but they should discuss 274 also. He said they work until all hours, they keep his whole family awake. He understands they have a business, but they should think of their neighbors too. He was advised that his issues are a zoning issue and he would need to go see that board to have this dealt with. ST also recommended he go over when there is an issue and speak with whomever is there to see if the noise can be stopped or quieted down. BM said maybe he could send a letter to
Zoning or go there, or call the Police. Dbaib said they are usually done with work by 11:30, then cleanup after that. He’s there most nights and his brother is there every night.
Motion to have RN come back in, ST, second NK, so voted.
Violations
1. 580 Somerset Avenue. Motion to remove the violation, RN, second MI, so voted.
2. 1601 Bay Street #404. Alex Papadourakis was present. He put up a wall, then took it down. ST asked why he was here? MR said because he did not ask to put up or take down the wall. Motion to remove the violation, RN, second ST, so voted.
3. 206A Tremont Street. Motion to continue to 12/7/09, ST, second NK, so voted. Motion to continue the 206A Tremont Street NOI Hearing to 12/7/09, with a certified letter sent to the homeowner, ST, second RN, so voted.
Other Business
1. Next meeting will be held on the first floor.
2. EE went out to look at the Coyle field, and drew up a plan. Motion to approve, ST, second NK, so voted.
3. 206 Tremont Street. RC asked how this was ever allowed to be built? Discussion followed about issues regarding this property.
Motion to adjourn, ST, second RC, so voted. Meeting ended at 8:30 p.m.
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