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2.22.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission February 22, 2010



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


Motion to approve the minutes of February 8, 2010, DB, second NK, so voted.
(ST arrived 7:05 p.m.)

Public Hearings
  • Howard Street, COT-DPW, (NOI), SE73-2423  A field report was read stating that this project is to eliminate three existing storm drain/sanitary sewer cross-connections.  In order to redirect the cross-connected stormwater flow into the drainage system, the existing drain system will be upgraded from 12” pipe to 24” pipe to avoid flooding the surrounding areas while conveying the additional stormwater.  Water quality treatment measures will be included in the project.  Howard Street is the location for this project.  It is situated behind the TMLP storage facility and is within the city of Taunton’s Densely Developed Area (DDA) which has a 25 foot Riverfront area.  The area of work will be within currently paved areas.  The sawcut limits area noted on the plan.  All work will be done during the 2010 construction season and will be timed so that the driveway and parking area will be re-paved with binder coat applied before the asphalt plant closes for the winter.  All construction will be coordinated with the TMLP for access and security and all trenches will be left unsupervised and all security barriers are to be replaced at the end of the day.  Work at the bank of the river should have a protective barrier between the river and the work if the plane of the existing concrete retaining wall is passed.  MR recommends that the plan show a boom in the river at the retaining wall.  The project as presented should not negatively impact the Mill River.  MR recommends that the TCC approve the project and issue a COC to include the attached Special Conditions.  Representative Michael Zivalia present for the applicant.  Motion to approve the NOI with special conditions 1-7, 10, 21, 25-27, ST, second MI, so voted.


Certificate of Compliance
  • Kilmer & Bliss, COT-DPW, (COC), SE73-2369  A field report was read stating that this filing was for the installation of two catch basins, 12” ductile iron pipe, rip-rap, and the clearing of trees and brush.  In addition, an existing collapsed culvert was replaced with twin 12” pipes.  The work was within the banks and riverfront area of Cobb Brook.  All work has been completed, and was done in significant compliance to the Order of Conditions issued on February 25, 2009.  MR recommends that the TCC issue a COC for this project.  Representative Michael Zivalia present for the applicant.  Motion to approve the COC DB, second ST, so voted.
  • West Water Street, COT-DPW, (COC), SE73-2370  A field report was read stating that this filing was for the replacement of an existing 12” corrugated metal pipe with twin 12” ductile iron pipes.  The improvements occurred within Bordering Land Subject to Flooding, Land Under Water Bodies and Waterways, BVW, and Bank.  All work has been completed and was done in significant compliance to the order of conditions issued on February 25, 2009.  MR recommends that the TCC issue a COC for this project.  Representative Michael Zivalia present for the applicant.  Motion to issue a COC for this project, DB, second EE, so voted.
  • 111 Dean Street, Fountain, (COC), SE73-1943  A field report was read stating that this filing was for the repaving of the existing parking areas.  This address is located along the Taunton River.  All work was done in significant compliance to the Order of Conditions issued on June 26, 2004.  MR recommends that the TCC issue a COC for this project.  Motion to issue a COC for this project, DB, second MI, so voted.
  • 400 Winthrop Street, Manheim New England, (COC), SE73-2229  A field report was read stating that this project was to construct a 43,000 square foot building with septic system and utility connections, and to restore pavement once work was completed.  MR inspected the site today and found that the work has been completed in significant compliance to the Order of Conditions issued on December 6, 2006.  All catch basins are free of debris and the outfall along the southwest fence line is in good shape.  This will most likely need to be cleared of plant debris in one to two years.  MR spoke with Alan, the maintenance person regarding this and he is on board with it.  The silt fence and stakes can be removed once the COC has been recorded.  MR recommends that the TCC issue a COC for this filing.  Representative Walter Galuska present for the applicant.  Motion to approve the COC for this project, DB, second ST, so voted.
  • 125 Winter Street, WH Riley & Sons, (COC), SE73-2151  A field report was done stating that this filing was for the erection of a canopy over the oil tanks and to create an impervious floor beneath those tanks.  All work has been completed and there is no sign of impact to the adjacent wetlands.  All work was done in significant compliance to the Order of Conditions issued on March 28, 2006.  MR recommends that the TCC issue a COC for this project.  DB wanted to disclose that she purchases her oil from this company.  Motion to approve the COC for this project, ST, second MI, so voted.
  • 99 Codding Drive, Landolfi, (COC), SE73-2199  A field report was read stating that this project was to construct a 24’ x 32’ attached garage under an order of conditions issued on July 31, 2006.  All work has been completed in significant compliance to the order of conditions.  All areas are stable and there was no indication of siltation into the wetlands.  MR recommends that the TCC issue a COC for this filing.  Motion to approve the COC for this project, DB, second MI, so voted.  

Continued Public Hearings
  • 655 West Water Street, Moor/Old Colony Scrap, (ANRAD), SE73-2374  A field report was read stating that this filing is to determine the accuracy of the wetland boundaries of this property.  A Biologist with Green Seal Environmental Inc. (GSE) delineated three wetlands and a riverfront area on 5-8-08.  This property is bounded to the north by a railroad bed, to the south by West Water Street, and by commercial properties to the east and west.  This site is currently used for scrap recovery.  On 2-9-10, MR visited the site and reviewed the wetland line.  MR is in agreement with the delineation depicted on the plan.  For this review, the riverfront area is sufficiently depicted.  Wetland 1 is located at the front of the property to the southeast of the gravel driveway and is delineated with flags A1-A9.  Wetland 2 is on the southwest side of the driveway and is delineated with flags B1-B9.  The third wetland is located in the rear of the property and is bounded to the northeast by a steep grade and the railroad bed.  This area is delineated by flags C1-C9.  MR recommends that the Applicant refresh the flags and the hay bales.  The work on Cobb Brook has been completed and the plan can now accurately reflect the location of the drainage easement.  MR recommends that the TCC approve the flags as follows: Wetland 1: flags A1-A9, Wetland 2: flags B1-B7, with flags B8 and B9 for reference purposes only, and Wetland 3: flags C1-C8, with flag C9 for reference purposes only.  MR recommends that an ORAD be issued the Applicant.  Owner Shawn Moore was present.  Motion to approve the flags as stated in the field report, ST, second DB, so voted.  
  • 655 West Water Street, Moore/Old Colony Scrap, (NOI), SE73-2418  A field report was read stating that this project is for an after-the-fact approval of an emergency access on West Water Street that was ordered by the Fire Department after a fire on the property.  This access road cut through a large isolated wetland that bordered West Water Street.  A total of 3,419 square feet of the wetland was filled to create the driveway.  The wetland was filled without a NOI and this filing is submitted in fulfillment of the violation issued to the applicant.  This was supposed to be an emergency access for fire department vehicles only.  It is now used as the primary access to the scrap yard.  A dirt access road exists from Bay State Industrial Properties to this site and was the original access to this site.  The applicant is proposing to maintain the driveway as the main access to the site and mitigate the filled area by creating two replication areas: one along the southwestern edge of the wetland and one behind the scale building, along the northwest edge of the wetland.  These are proposed as a 1:1 replication.  In most cases the commission requires a 2:1 replication, but may allow it to remain a 1:1.  The Applicant also proposes to install a culvert under the driveway to reconnect the two halves of the wetland.  This project can be considered a Limited Project under the WPA.  A hay bale/silt fence has been installed along both sides of the driveway since the violation was issued (violation has been resolved).  The hay bales and silt fence need to be refreshed.  Additional hay bales have been proposed along the outer edges of the replication areas for protection once they are completed.  A wetland Mitigation Plan is included in this filing and describes the existing vegetation as well as the proposed vegetation for the replication areas.  The replication areas will be planted with locally harvested plants from surrounding wetland as well as plants and seed from a Massachusetts wetland plants supplier.  Plants will include red maple, white oak, high bush blueberry, bayberry, St. John’s Wort, bearberry, chokeberry, and a seed mix.  MR recommends that a copy of the Mitigation Plan be kept with the plan and order of conditions on site at all times.  This plan addresses the issues created by the construction of the emergency access roadway.  MR recommends that this driveway remain gravel in perpetuity.  In this respect MR recommends that the TCC approve the plan as presented and issue an order of conditions to include the attached special conditions.  Owner Shawn Moore was present.  Motion to approve and work closely with MR on this, with special conditions 1-5, 16, 17, 19, 21, 25-27, 28 and 29 recommendations in report, ST, second NK, so voted.  
  • Tremont Street, Garfield, (NOI), SE73-2421  A field report was read stating that this project is for the construction of a single family home, septic system, driveway, and utilities within 100 feet of a BVW.  The wetland was delineated by Dr. Walter Hewitson on 3-17-04.  He delineated just the side closest to the project using pink flags marked 1WH-16WH.  The plan depicts flags 1-15, all within the plot lines of the lot.  This lot is within the Three Mile River ACEC.  MR visited the site on 2-1-10 to determine the accuracy of the wetland delineation.  MR is in agreement with the placement of the flags as they relate to this project.  This wetland area has been delineated in the southeast behind #386 Tremont Street.  MR recommends that the TCC approve the flags, 1-15, as depicted on this plan.  The majority of the house, septic system, and grading are within the 100 foot buffer zone.  The water table is at 90.2 at test pit 4.  The cellar floor will be at elevation 95.5, 5 feet above the highest point of the water table.  Finish grade for the septic tank is at 100, and for the leach field just outside the retaining wall.  A siltation barrier is depicted on the plan 25 feet from the wetland and is designated as the limit of work.  The concrete washout area and dewatering area are both outside the 100 foot buffer zone.  The plan calls for roof drains into drywells.  The leach field will be 50 feet from the wetland and 42 feet from the front property line.  This area is zone rural residential and the plan meets the minimum setbacks as they pertain to zoning, planning, and Board of Health.  The work as planned should not negatively impact the wetland, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions.  Representative Paul Patnaude for the applicant.  Motion to approve the wetland line as delineated, DB, second ST, so voted.  Motion to approve with special conditions 1-5, 8, 9, 15-17, 21, 23-27, ST, second DB, so voted.
  • Plot 568 Everett Street, Nadeau, (NOI), SE73-2406  Motion to continue to March 22, 2010, ST, second NK, so voted.

Motion to go out of order to Violations, ST, second DB, so voted.


Violations
  • River Pines Drive (SE73-2244)  Motion to remove the violation and remove the steps put in at the water’s edge, ST, second NK, 3 in favor, 2 opposed, motion carries.  Chris Gallagher engineer and Mr. Feoderoff the owner were both present.  DB is not willing to remove the violation, they cut all the way to the water line, not just underbrush but dug into the ground.  A letter from Fisheries and Wildlife said it should all be removed and let it go back to its natural state.  The letter from Fisheries and Wildlife was read into the record.  Chris said they have never denied what they cleared, in fact the piles have been left right there.  He said it was small stuff, nothing alive was more than 3 inches in diameter.  The most work done was raking except or small cuts and they did go down to the bank.  MR said the wetland was cut and there is supposed to be no disturbance within 200 feet of the river.  MI said the species use the dead leaves and brush to make their nests and bring humans in can destroy an entire species.  She feels they should leave it alone, let it all go back to normal.  Turtles are programmed to go back to the same nesting spot for generation after generation.  Mr. Federoff thought if he put in one spot for the entire subdivision to use, it would stop people from cutting through the woods, making their own paths and doing more damage.  DB said she spoke with Dr. Jones at Fisheries and Wildlife about the turtles.  She said Dr. Jones said to take everything out that has been put in and let it go back to the natural state for the turtles.  He said it was bad for their species, it shouldn’t be there and they want it out.  Mr. Feoderoff said he would take it all out tomorrow if that’s what the board wants.  ST had something to say about the GIS picture.  If its accurate, there was already a clearing there, so how much did they actually do.  MR said they cut the wetlands, cut into the bank, and its not appropriate.  ST said if we don’t dedicate an area to the subdivision now, people are going to be in there anyway putting in canoes, fishing, walking through there.  It will cause more damage if there is no set spot to get to the river.  BM doesn’t disagree with ST but feels TCC should have been told about this and allowed to decide on this before anything was even done out there.  Motion to send a copy of both the field report and the motion to Dr. Jones and Assistant Director French, DB, second MI, so voted.  

Amendments
  • River Pines Drive, Feodoroff, (Amend), SE73-2244  A field report was read stating that the applicant has filed for an Amendment in response to an Enforcement Order issued on 12-4-09.  A copy of the enforcement order was also sent to NHESP and DEP.  The reason for the enforcement order, and hence the amendment, was unauthorized work under the order of conditions issued on 4-27-07.  That work consisted of clearing, removal of trees, erection of a canoe rack, addition of two picnic tables, and building two steps on the bank of the Three Mile River.  This project was issued an order of conditions on 4-27-07 and NO work, except for the detention basin, was to take place within 200 feet of the riverfront area or within 100 foot buffer zone of the BVW.  Not only did the applicant do unauthorized clearing but he also cleared within the riverfront and the BVW.  The bank of the river was compromised by both the two steps/landings, and by the cleared area at the edge of the water to the northwest of the steps.  This work would be considered a level 2 violation.  This project occurs within Priority Habitat of the Wood Turtle, thus the reason NHESP involvement.  On 2-12, NHESP wrote the applicant and strongly recommended that “…all unauthorized structures be removed immediately, and the area left to re-vegetate naturally.  If this is not possible, the NHESP would like to schedule a site visit with the applicant and the TCC.”  The recommendation by NHESP is reasonable and easily done.  This would involve a denial of the amendment.  Other actions that the TCC could undertake would be to levy a fine for the unauthorized work.  MR does not recommend approval of the amendment.  ST asked MR why she does not recommend approval.  MR said because of the cutting of the wetland and NHESP’s recommendations.  ST is concerned if we do nothing there will be 13 families out there traipsing through the woods to the river anyway.  ST asked are there any plantings that can be put in for ground cover, but access can still be kept for humans to get to the river.  MR recommends that if the TCC has questions like this and doesn’t want to decide anything yet, have a site visit with NHESP, informal, no votes taken, and just go out there together and see what has been done and what needs to be done.  MI said this species of turtle is important and she will not be an annihilator of a species. BM said why doesn’t the TCC not vote, continue and meet with NHESP at a site visit.  Motion to continue to May 10, 2010 and meet with NHESP on site, ST, second NK, so voted.  Public Input:  two abutters spoke.  Dean Rodrigues from 3 Mill Lane (across the river) and a gentleman from Ferncrest Drive.  They feel this is a crime against nature.  This damage cannot be undone, Mr. Feodoroff chose to ignore rules and regulations of living on the river and something should be done about it.  They spoke of another subdivision across the river from Mr. Feodoroff’s, they left the river bank alone, there is access naturally and everything is fine there.  Both abutters will be notified of the site visit with NHESP.  
(NK out)

Extensions
  • Somerset Avenue, Horton St. LLC, (EXT), SE73-2231  A field report was read stating that this filing is for the construction of a single family home and was issued an order of conditions on 4-19-07.  The Applicant has requested a three year extension to the order of conditions.  The siltation barrier was installed last spring but no other work has begun on the site.  MR recommends that the TCC issue a three year extension, to 4-19-10, for this project to include the original special conditions.  Joseph Abreau present.  Motion to approve the extension, DB, second MI, so voted.  
(NK back)


Other Business
  • FYI: DB found out the city has a laptop, screen and projector.  She said any time the TCC needs to use them, all that needs to be done is to contact the I.T. department and they will set it up the day its needed.  
  • FYI: Marilyn Greene will be at the next meeting.
  • DB attended the Friends of Boyden meeting and gave an update.


Motion to adjourn, ST, second NK, so voted.  Meeting ended at 8:30 p.m.