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12.21.09 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission December 21, 2009


Present:  Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Debra Botelio, Steven Turner, and Renwick Chapman.  Commissioner Ernest Enos was absent.


Motion to approve the minutes of December 7, 2009,  ST, second MI, so voted

Motion to excuse NK, ST, second DB, so voted.


Certificate of Compliance
  • Williams Street, Faria, (COC), SE73-1577  A field report was read stating that this project was for the construction of a duplex and associated site work.  This project has been complete and all lawn areas are stable.  For the record: It should be noted that the wetlands have expanded and are now along the rear of the property and the southeast corner of the property behind the shed.  MR has been to this property a few years back when called about flooding issues with the stream.  MR recommends that the TCC approve the work done and issue a COC.  Motion to issue COC for this project ST, second RC, so voted.  
Motion to invite NK back in ST, second MI, so voted.
  • 188 Dunbar Street, Figueirado, (COC), SE73-2383  A field report was read stating that this project was for the razing of an existing house, above-ground pool, barn and part of the existing driveway and to construct a 48’ x 28’ house and garage and install a new septic system.  All work has been completed on the house including a 12’ x 16’ deck in the back.  The septic system is located in the front and roof drains go into drywells.  The lawn has been seeded but is not sufficiently established to be considered stable, therefore, MR recommends that the TCC continue this to the April 26, 2010 meeting in order for the lawn to be established.  Motion to continue to May 10, 2010, and notify the applicant, DB, second MI, so voted.  
  • Libby Lane, Nadeau, (COC), SE73-2003  A field report was read stating that this project was for the construction of two drainage discharges associated with the road construction for Libby Lane off Harvey Street.  All work has been completed in significant compliance to the Order of Conditions issued on July 19, 2005.  All catch basins are clear and all work along the roadway is stable.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, RC, second ST, so voted.
Public Hearings
  • 22 Fairview Avenue, Gay, (ANRAD), SE73-2417  A field report was read stating that the area delineated is located behind #22 Fairview Avenue, consisting of 8.26 acres, between Laurel, Frechette, and Crossman Streets, all currently undeveloped.  There are 4.42 acres of upland.  The delineation was performed by Walter Hewitson on April 14, 2009.  He used two series of flags, 1-46 WH, and A1-A6WH.  There is a small area of wetland that was delineated by flags A1WH-A6WH, behind (west) and south of the Applicant’s home.  The larger wetland traversed the remaining property and generally followed an intermittent stream.  An 18” ceramic drainage pipe outlet is located between flags 25WH and 26WH.  This seems to be the outlet for stormwater from Fairview Avenue and Florence Street.  There is evidence of a great deal of scouring during heavy rain events.  MR met with Tony Abreau and Cathal O’Brien today and showed them the pipe.  MR checked with Engineering to see if there is a drainage easement recorded.  This should be squared away prior to the submittal of any development plans.  MR is in agreement with the placement of the flags and recommends that the TCC approve the flags as follows:  A1WH-A5WH, 5WH-46WH, and for reference purposes only flags A6WH and 4WH.  MR recommends that the TCC issue an ORAD to the applicant.  Motion to approve the wetland line as listed in the field report ST, second MI, so voted.  (NK out)  RC nothing on the plan has the WH reference on it, the numbers coincide but there is no WH on the plan for flags.  BM stated then we will remove WH from the flag line in the field report.  MR spoke with Tony and they are going to run a camera through the pipe to see where is leads, etc.  
  • 761 Joseph Warner Blvd., Rubenstein/Gama Realty Trust, (NOI), SE73-2419  A field report was read stating that this project is for the installation of a lift station at #761, and construct a 3” diameter force main along Joseph Warner Boulevard, down the driveway and along the east side of Joseph Warner Boulevard and then cross over to a gravity sewer manhole in front of the Swank Building.  The lift station will be installed on the west side of the BIW building where the existing sewer line exists the building.  The line will run along the grass shoulder of the road, and will be within 100 feet of BVW for 1600 feet, and approximately 400 feet of force main will be within the Riverfront Area.  There will not be any permanent alteration to the ground except for clean-out caps.  The Applicant will install a siltation barrier along the route, flowable fill will be backfilled in the areas where the force main occurs under existing pavement, and a City Inspector will observe the installation to ensure that the procedures and materials are in compliance with City requirements.  There should be no negative impact to the Riverfront or wetland areas, and with the decommissioning of the current septic system, there will be improved environmental conditions.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached special conditions.  Bob Rego from Prime Engineering was present representing the applicant.  They are working in the existing road shoulder, there is a head-wall between the work and the wetlands.  RC would like to see that on the plan.  He wants them to submit a revised plan.  RC would also like to see them work closer to the road rather than in or near the wetlands because there is less of a chance of disruption to the wetlands the further they are away.  Other than the area where the wetlands goes away from the work area, which is fine, the areas that are 10 feet from the wetlands are a serious concern when working that close.  BM asked if the need to re-engineer the plan or does he need to speak with his client or is it ok for him to accept this condition or change, to be further away from the wetlands.  Bob said it would be fine to make this change/condition, they are just concerned with the gas and water in the street.  RC asked if there was a guardrail along there?  Bob said along the head-wall there is.  RC would like to see them 25 feet from the wetlands, do the work well within the paved area, going a safe distance.  Bob said they would have to be more towards the center of the road.  RC asked if there would be hay bales or silt fence along the work area?  Bob said he is not sure they are allowed to put hay bales in a way of travel.  RC asked if they would be piling in the road because they should not be?  Bob said he was pretty sure it wouldn’t be piled in the road but removed by trucks and would not recommend hay bales lines in the road.  BM asked are they working in the breakdown lane?  Bob said more towards the center.  RC would really like to see a revised plan showing all these changes.  BM said perhaps we should continue this for a month.  Motion to continue to January 11, 2010, with a revised plan with RC’s conditions on it, ST, second DB, so voted.  

Violations
  • 655 West Water Street.  Gary Silvia and Shawn Moore present.  They are here tonight with a check to cover the filing.  BM explained at the last meeting the TCC said they wanted them here with a check for the NOI and the ANRAD, which have both been submitted by Green Seal.  MR had checks for the ANRAD but then the TCC decided they would like them to file an NOI too, so this took some time and the checks became outdated.  The city will not accept outdated checks.  Now they are here with the checks to cover the filings.  From here MR will complete the filing requirements and schedule the hearing which looks like January.  The resolution of the violation was the filing of the NOI.  Motion to remove the violation ST, second RC so voted.  ST wanted the gentlemen to know he appreciates that they always come in and follow through with what they are required to do, working with the TCC on these issues.
  • River Pines Drive.  Chris Gallagher present representing the applicant.  The applicant Mr. Federoff was also present.  BM asked if they did abide by the Fisheries and Wildlife-they just got the letter Saturday and they plan on starting to address the letter.  MI did tell the men that those exposed areas they thought were just dead/clear could very well be turtle habitat.  Chris said Mr. Federoff did also cut a few trees and removed some brush and leaves.  BM said the TCC knows what he did but what are the plans to rectify what was done.  Chris said to file to do the work, BM said an after the fact, MI said actually an amendment.  BM asked if Mr. Federoff could file an amendment? He said yes.  Mr. Federoff apologized for what happened and said he has been coming in here since 1980 and this is the first time he has ever been here on a violation.  MR said what was done was a lovely job.  RC asked about the impact to the wildlife out there?  MR said we will have to wait for Natural Heritage to come back with a letter on that.  MI would like to see what Natural Heritage has to say.  BM asked what the board would like to do, remove violation, no work to be done now, amendment to be filed?  Motion to remove the violation, no work is to be down out there, and an amendment needs to be filed, ST, second NK, vote taken: 2 in favor, 3 opposed, motion fails.  Under discussion DB said if the TCC removes the violation then if Natural Heritage comes back the TCC has “no teeth” in this.  BM said the “teeth” are pretty clear, hey have to come before the TCC with a filing and plan, if they do anything else the TCC violates them again.  ST said Mr. Federoff owned up to what was done, we need to trust that he knows what was done was wrong and that he now needs to work with the TCC to correct this.  He would like to remove it and if need be, violate again.  NK said he does understand what DB is saying but if the violation isn’t removed then can they even file?  MR said they can actually file because once they file then the TCC will vote to remove the violation.  RC said so we can leave this all in place until a decision is made?  MR said yes.  Motion to continue the violation to February 8, 2010, DB, second MI, ST opposed 4-1 motion carries.  

Other Business
  • MASS Highway-Route 138 roadwork @ Cobb Brook.  ST said RN had come upon this issue and brought it to the TCC’s attention.  BM said he recalled questionable protection lining the brook and no hay bales or boom.  Tim Maguire and Gary Dixon were present from MASS Highway.  They said the erosion control is in place.  BM asked MR is she went out to inspect it?  Yes she did.  Gary also approved the insulation of the area near the house and brought in 2 supervisors to check the bank too.  BM said it sounds like they have fixed the problems and addressed them, also sounds like MR is going out there periodically to check.  MR also stated that the soils that there was concern with, they have been moved to the Quincy Shipyard and there were not considered hazardous by DEP standards.  MR said there should be a fence along the bank just for children’s safety.  John Resendes was present, he is the contractor, he agreed to put in a fence on the property line, and get permission if over.  They will use Deluca Fence.  
  • Signing was done.
  • FYI.  BM said so far there is $24,000.00 for Boyden.

Motion to adjourn, NK, second RC, so voted.  Meeting ended at 8:15p.m.