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2.08.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission February 8, 2010

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


Motion to approve the minutes of January 25, 2010, ST, second NK, so voted.



Certificate of Compliance
  • 34 Ron Circle, Smith, (COC), SE73-1963  A field report was read stating that this project was for the installation of a septic system.  All work was done in significant compliance to the Order of Conditions issued on 11-16-04.  All areas are stable and there is no indication of sedimentation from this job going into the pond.  MR recommends that the TCC issue a COC.  Motion to approve the COC for this project, DB, second NK, so voted.
  • 67 Briar Road, Hopgood/Clarewood Homes, (COC), SE73-2408  A field report was read stating that this project was for a septic system repair.  All work was done in significant compliance to the Order of Conditions issued on 10-1-09.  All areas are stable and there is no indication of sedimentation from this job going into the adjacent wetland.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC for this project, DB, second RC, so voted.
  • 391 Winthrop Street, Brennan, (COC), SE73-2186  A field report was read stating that this project was for a septic system repair.  All work was done in significant compliance to the Order of  Conditions issued on 6-21-06.  All areas are stable and there is no indication of encroachment or sedimentation into the adjacent wetland.  MR recommends that the TCC issue a COC.  Motion to approve the COC, DB, second MI, so voted.   
  • 2085-2109 Bay Street, Koffler/GID Taunton LLC, (COC), SE73-1722  A field report was read stating that this project was for the construction of a 230,000 square foot mixed-use retail and restaurant space, a 3,650 square foot expansion of the existing Northwoods Medical Center, associated parking lots, and stormwater management system.  All work was done in significant compliance to the Order of Conditions issued on 1-27-03, and was amended on 5-16-03.  MR inspected all catch basins and detention basins.  All are in good working order.  MR recommends that the 4’ invert in the detention basin at the north corner of BJ’s be cleaned out.  The chain link fence along the south side of this basin needs to be re-erected, as well.  MR recommends that the TCC issue a COC for this project.  Representatives Mark Manganello, Brian McCarthy, and Dave Yetton were present for the applicant.  Motion to approve with the conditions in MR’s field report, DB, second RC, so voted.




Continued Public Meetings
  • 1050 South Precinct Street, Robidoux, (RDA), DSE-970  A field report was read stating that this project is for the construction of a single family home with driveway, septic system, grading and utilities.  An ILSF is located down a steep grade from the proposed location of the house.  The ILSF was originally flagged by John Delano on 3-19-05 with flags #1-6 and the line was approved under file SE73-2072 on 7-19-05.  The TCC may wish to re-approve the line under this RDA.  MR had calculated that the ILSF did not contain a quarter acre-foot and had queried the engineer about his calculations for this ILSF before our last hearing but did not hear from him as he was on vacation.  He reviewed his original calculations and found that this area was indeed less than a quarter acre-foot (10,890 cubic feet volume), with 6149.25 cubic feet of volume.  Under the Conservation By-Law “ILSFs that hold less than a quarter acre-foot of water are also presumed to jurisdictional unless it can be demonstrated that they do not have a minimum of 1000 sq. ft. in surface area or contain 100 cubic feet of water at any time of the year.  Although protected, such areas have no WPZ or buffer zone.  There is no restriction on constructing a home on this lot except that the ILSF may not be filled in.  The project work comes no closer than 60 feet to the ILSF.  MR recommends that the TCC respect the Applicant’s request to withdraw the Determination of Applicability as it was not required.  Representative John Delano present for the applicant.  Requesting that the request for determination be withdrawn.  TCC respects their wishes to do so.  



Public Meetings
  • 2089 Bay Street, Koffler/GID Taunton, LLC, (RDA), DSE-973  A field report was read stating that this project is to construct a retail building, utilities, completing the drainage system, reconfiguring the existing parking spaces, and minor repaving within the existing retail shopping plaza known as Northwoods Crossing.  The area for the proposed work is currently a grassed area along the northern property line and to the west of the detention basins.  The work proposed will remain within the limits of the currently developed and paved areas.  The current proposed building is one large building rather than two smaller buildings, thus the area will contain less paved parking and drive aisle area.  The building’s roof drains will connect to the current subsurface infiltration system and additional subsurface infiltration trenches proposed in the redesigned stormwater management system.  According to the plans, there will be a slight decrease in the impervious area with the addition of a landscaped area and change in parking spaces.  A small portion of this project is within the 100-foot buffer zone of BVW.  Work will be 83 feet from the wetlands and will include grading and paving.  MR recommends that a siltation barrier be placed at the limit of work along the western edge of the project as a precautionary measure.  Because it will be on pavement, MR recommends that hay bales be used.  MR also recommends that all catch basins in the area be protected with silt socks or similar sedimentation control during construction.  MR met with the City Engineer to review the stormwater management.  He stated that he is fine with the current configuration but did make some recommendations regarding the drainage for the landscaped area to the west of the proposed building:  1. because of the potential for back-up into the area drain from the drain pipe running north-south during a heavy storm, why not tie in above the flow line of the pipe rather than directly to the pipe?  2. why not infiltrate using perforated pipe between the two area drains, and 3. there is no drain manhole where the area drain runs to the drain pipe.  If you decide to keep to the original, then perhaps a drain manhole should be added there.  The work as presented should not negatively impact the adjacent wetland areas, therefore, MR recommends that the TCC approve this project and issue a Negative Determination to include the attached Special Conditions.  Representatives Mark Manganello, Brian McCarthy, and Dave Yetton were present for the applicant.  They went over some things from the field report and what their plan showed.  There is no change to overall stormwater management.  There is a pad there for the building already.  All parking and paving around the building is already there.  The roof runoff will be able to infiltrate behind the building with new pipes there.  RC asked if there were answers to the City Engineers questions?  MR said he just had some concerns but they are easy to take care of.  This does still need to go before DIRB.  RC would like the City Engineer’s response to this, stating he is in agreement with the plan.  Motion to issue a negative determination with the following special conditions, 1, 4-6, 13-15, 18, and 19, and have the City Engineer sign off that he is in agreement with this, RC, second DB, so voted.
  • 176 Harvey Street, TLC Development, (RDA), DSE-972  A field report was read stating that this project is for the construction of a single family home with driveway, septic system, grading, and utilities.  An ILSF is located down a short slope from the proposed location of the house.  The ILSF was flagged by Walter Hewitson and approved by the TCC through an ORAD issued on 1-23-07.  The TCC may wish to re-approve the line under this RDA.  The calculations to determine jurisdiction were re-confirmed with the engineer.  This ILSF is under Taunton Conservation By-Law jurisdiction only.  It was determined to hold .35 acre-feet, and as such will have a 100-foot buffer zone and a 25-foot WPZ (wetland protection zone).  This property is adjacent to an approved subdivision (Estates at Harvey Hills, SE73-2304).  The proposed house and garage will be 30 feet from the ILSF, with the closest grading right at 25 feet from flags A5 and A4.  A siltation barrier is proposed 15 feet off the ILSF at flag A4.  The siltation barrier should continue northeast and northwest along the old hay bales.  What area the limits of clearing?  The plan is rather ambiguous.  All work should be shown as almost all work will be within the 100-foot buffer zone.  The house will be 55 feet from the front property line and the septic will be 23 feet from the front.  It would be preferable for the house to be as far as possible from the ILSF and still meet zoning and Board of Health requirements.  MR recommends that the house be moved closer to the road to increase the distance to the ILSF.  Another possibility would be to rotate the house.  The applicant has at least 13 feet to play with in the front.  The plan shows roof drains into drywells and a dewatering area (hay bale stilling basin).  MR recommends that the concrete washout area also be depicted on the plan.  If the TCC approves this project, then MR recommends that one of the conditions be that there will be no further clearing of the property once the project is completed because of the proximity of the wetland.  Attached is a list of special conditions to accompany the negative determination.  Representative Brad Fitzgerald was present for the applicant.  He wanted to discuss moving the house.  Harvey Street is very busy and the applicant doesn’t want to move closer to the street.  Also there is a hill so moving the house wouldn’t work.  He did add a concrete washout area and noted the catch basin in the road that should be protected during construction.  DB asked MR is she is accepting the new revised plan?  MR said Brad did put in what she had requested, does now see the hill and its small but could be an issue, the street is very busy, it just pushes the limits to what they’ve got and it is an ILSF, but a little one, so MR is in agreement with the plan.  Motion to issue a negative determination with special condition 20, MI, second DB, so voted.



Continued Public Hearings
  • 761 Joseph Warner Blvd., Rubenstein, (NOI), SE73-2419  A field report was read stating that this project was continued so that the Applicant could submit a revised plan showing the following recommendations requested by the TCC on 12-21-09:  1. add the riverfront areas, and 2. move the proposed sewer line as far from the wetland as possible.  A revised plan was submitted by the Applicant showing the requested changes.  In addition, a sewer lift station was added off the southeast corner of the building to pick up sewage that currently flows to a failed leach field.  The size of the lift station pumps and forced main have been reduced in size to ensure that the Colt Circle Station is not over taxed.  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.  Representative Bob Rego for the applicant.  Motionn to approve the NOI with the attached special conditions 1-5 and 7-10, ST, second MI, so voted.  RC asked Rego how far it was moved from wetlands?  Moved it 18 feet further from the BVW.  RC told him he appreciates the fact that they did this.  







Amendments
  • Field Street, Griffith/Creative Homes, (Amend), SE73-2396  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 to allow a yard/lawn area to the rear of the house.  The approved plan called for 5000 sq. ft. of alteration of the riverfront area of the lot.  This parcel was subdivided from a large parcel of land that borders on the Snake River.  The original parcel of land contained approximately 436,600 sq. feet of riverfront area.  In reviewing the regulations for lots and in discussions with DEP, it was determined that ANR lots are considered the same as lots created by definitive subdivision.  As such, under 310 CMR 10.58(4)(c)b.vi., “the area under consideration for practicable alternatives is limited to the lot, the subdivided lots and any adjacent lots formerly or presently owned by the same owner for any lot shown on a definitive subdivision plan approved under M.G.L. c. 41, 81 to 81GG, provided there is a recorded deed restriction limiting the total alteration to 5000 square feet or 10%, whichever is greater, of the riverfront area allocated to the lots within the entire subdivision.”  This request will result in a total alteration of 9,200 square feet of riverfront area on this property.  This together with the alteration within the other lot (4,834.6) will total 14,034.6 square feet, will equal 3% of the total riverfront area of the original lot.  Sixteen trees, ten pines, and six oaks, will be removed.  These trees are depicted on the plan.  The inner riparian zone will not be touched, leaving a 100 foot untouched riverfront area per regulations.  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.  Representative Paul Patnaude for the applicant.  Paul passed out a revised plan, showed they added a turn around.  ST said good move because with that street you need to consider safety first.  Motion to approve the amendment and add turnaround to the plan with modifications to turnaround approved by MR, ST, second RC, so voted.  RC asked they are clearing not re-grading for the lawn area correct?  Paul said correct.



Public Hearings
  • Herbert Street, Fasolo, (NOI), SE73-2424  A field report was read stating that this project is for the construction of a single family home with septic system, utilities, driveway, and associated grading.  A swale will also be constructed to direct stormwater runoff from Herbert Street, under the proposed driveway, and into a swale that will direct flow to the wetland.  Verification of wetlands line is also requested.  This property is located off the end of Herbert Street and runs between Herbert and Bartlett Street.  A number of boulders and ledge dot the property which drops sharply to the wetland.  Dr. Walter Hewitson delineated the wetland on 6-12-08 and used pink flags marked 1-17 in the field.  Only flags 1-8 are depicted on the plan 25 feet from the wetland and is noted as the limit of work.  Work on the swale includes grading, which will be 42 feet from the wetland.  The work as presented should not negatively impact the wetland, therefore MR recommends that the TCC approve the plan and issue an order of conditions to include the attached special conditions.  Motion to approve the wetland line as delineated, ST, second MI, so voted.  Motion to approve with special conditions 1-5, 16, 17, 19, 20, 21, 25-27, NK, second RC, so voted.

Violations
  • River Pines Drive SE73-2244  A letter was read from the owner Mr. Federoff requesting a continuance to 2-22-10 to hear all issues/hearings together.  Motion to continue to 2-22-10, DB, second NK, so voted.

Other Business
ST and MI stepped down.
  • Neighborhood Corp use of Park.  Marilyn stated if electricity and water are used, a city employee will need to be present and a fee will need to be charged.  ST (as citizen not TCC member) we need to be careful, a lot of city employees give their time as volunteers.  There was also an issue from Marilyn regarding trash pickup for this event.  It was decided to put this all on the agenda to discuss with Marilyn.
(ST and MI back in)  
  • Reminder about the Ethics Test.
  • Update on North Walker and Tremont Streets.  MR did not see any signs of any hazardous materials from the auto accident in the wetlands.  She said mats were put down to protect the wetlands.
  • ST asked MR to look at First Street, across from the ball field, cars parked in the wetlands.

Motion to adjourn, ST, second DB, so voted.  Meeting ended at 8:10p.m.