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5.24.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission May 24, 2010


Present: Chair Brian Marques, Vice Chair Neil Kelly, Marla Isaac, Ernest Enos, Steven Turner, Debra Botellio, and Renwick Chapman.
Motion to approve the minutes of 4/26/10 and 5/10/10, ST, second DB, so voted.

Continued Certificate of Compliance
  • 35 Libby Lane, Ford, (COC), SE73-2116  Field report states that MR inspected this property on 6-14-10 in order to review the areas that showed signs of erosion and for concrete blocks and detritus to be removed from behind the house and to the right of the driveway.  All work has been completed in significant compliance to the Order of Conditions issued on 12-8-05.  The lawn areas are stabilized and all materials have been removed along and behind hay bales behind the house and to the right of the driveway.  MR recommends that the TCC issue a COC for this project.  Motion to approve the COC DB, second RC, so voted
  • 438 Middleboro Avenue, Parish Center, (COC), SE73-2297  Field report states that this project was to build a 12,085 square foot Parish Recreation Center with parking, utilities, grading, and stormwater management on two parcels of land behind the Taunton Housing Authority.  4,836 square feet of a wetland were filled so that the parking lit and grass swale could be constructed and a 9,700 square foot replication area was constructed in the southeast corner of the property.  MR re-inspected the wetland replication area and there are still a few items that need to be completed before MR can recommend approve of the COC.  These items are: 1. One of the large red maples was broken and should be replaced (in the southeast corner); 2. Hay bales and silt fence need to be removed in order to connect the replication with the original wetland; 3. Trash that has accumulated should be removed; 4. There is not the required 50% wetland plant species.  Some of the shrubs are not thriving and should be replaced.  The area should be overseeded with wetland mix and the tree and shrubs that are not thriving should be replaced.  MR recommends that this be continue to 9-27-10, so that these items can be addressed.  Motion to make it part of the record that the letter refers to this as NOI, but this is a COC, DB, second RC, so voted.  Motion to continue this to 9-27-10, DB, second RC, so voted.
Motion to have RC step down, DB, second MI, so voted.
Certificate of Compliance
  • 170 Lake Ridge Drive, Perra, (COC), SE73-2264  Field report states that this project was for the removal of six large trees and brush along the slope that abuts Sabbatia Lake.  The Applicant replaced the trees and shrubs to stabilize the bank and restore the area to protect the lake.  All work has been completed in significant compliance to the Order of Conditions issued on 6-13-07, therefore MR recommends that the TCC issue a COC for this project.  Motion to issue COC DB, second MI, so voted.
Motion to have RC return to the meeting, DB, second MI, so voted.

Public Meetings
  • 28 Briarwood Drive, Casey, (RDA), DSE-980  Field report states that this project is for a septic system upgrade for the sale of the existing home.  A BVW is located to the east and off-property.  There is marked incline from the work site to the wetland with a stone wall following the property line.  The wetlands were flagged by Thomas Roux on 3-25-10.  MR agrees with the placement of the flags and recommends that the TCC approve the delineation, for reference purposes only, marked by flags WF1 to WF8.  A siltation barrier is depicted on the plan at least 25 feet off the wetland and is noted as the limit of work.  The closest work to the wetland will be grading at a distance of 32 feet.  The leaching field will be 51 feet from the wetland at its closest point.  The existing cesspool will be pumped and filled with clean sand.  The project as presented will not negatively impact the wetland as it is down-gradient from the BVW.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to approve the wetland line as delineated, DB, second RC, so voted.  Motion to issue a negative determination with special conditions 1, 2, 3, 4, 18, and 19, DB, second RC, so voted.
  • 34 Apple Blossom Way, Leonard, (RDA), DSE-981  Field report states that this project tis to replace a failed leaching field with a new, conforming field.  There is a BVW, flagged by Earth Services Corp. on 6-4-10, off property to the east (rear).  MR is in agreement with the placement of the flags and recommends that the TCC approve the line, flags 1-5, for reference purposes only.  The plan shows a siltation barrier placed 47 feet from the wetland, and marked as the limit of work.  The closest work will be grading which comes within 50 feet of the wetland.  The project, in spite of being within 50 feet of the wetlands, should not pose a problem or negatively affect the wetland.  MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Motion to approve the wetland line as delineated, DB, second MI, so voted.  Motion to issue a negative determination with special conditions 1, 2, 3, 18 and 19, DB, second RC, so voted.
  • 35 Kendra Lane, Nunes, (RDA), DSE-982  Field report states this project is to put in an 18 foot above-ground pool in the back yard of the above property.  The distances and size of the pool were incorrectly  drawn on the plan by the applicant.  MR corrected one of the plans in red and these are the corrected distances: distance from the house was corrected to accurately display 30 feet; the pool was drawn to correct scale; distance to the north property line is 27 feet; distance to the south property line is 67 feet; distance to rear of property is 161 feet.  The distance to the wetland area to the east (rear) is 17 feet and to the south is 67 feet.  The pool should be at least 25 feet from the wetland in the rear and can be easily accomplished by moving the pool to the “right” (south) 18 feet.  The applicant is required to use a cartridge (non-backwash) filter and should submit information on this filter to the conservation office.  If the pool is moved farther from the wetland, a revised plan is submitted with the correct to scale drawings, and information on the pool filter is received, MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions.  Receipt of the revised plan and filter information must be received prior to the signing of the building permit.  Motion to approve and issue a negative determination with conditions 1, 2, 3, 4, 20, 21, and 22, ST, second NK, so voted.  ST asked owner is they were ok with moving the pool?  Yes they are fine with it.  He also reminded them they must have a non-backwash filter, they wee also fine with this.  
  • 1150 Middleboro Avenue, Woodby, (RDA), DSE-983  Field report states that this project is for the construction of a deck with the following measurements: 21’9” x 18’, 6’ x 34’, and 10’ x 14’.  The deck will be placed on sona tubes dug by hand.  This construction will be within 63 feet of a BVW.  This wetland is down-gradient from the work site, and with a siltation barrier erected there should be no negative impact on the wetland.  The work as presented should not negatively impact the wetland, therefore, MR recommends that the TCC approve this work and issue a negative determination to include the attached special conditions.  Motion to issue a negative determination with special conditions 1, 3, and 4, ST, second DB, so voted.
  • 20 Marvel Street, Lima, (RDA), DSE-984  Field report states that this project is for the construction of a 15’ x 15’ stone patio with 3 foot walkway within the 100’ buffer zone of BVW.  In addition, a 3 foot tall retaining wall will be constructed around the perimeter of the patio.  The proposed work will be outside the 100’ buffer zone of the BVW and 108 feet from the stream.  This patio will be pervious in that no mortar will be used to construct it.  The work as presented should not negatively impact he wetland or the stream, therefore MR recommends that the TCC approve this work and issue a negative determination to include the attached special conditions.  Motion to issue a negative determination with special conditions 1-4, ST, second RC, so voted.
Amendments
  • Winthrop St, Davenport Terr. & Williams St. Area, COT/DPW, (Amend), SE73-2403  Field report states that this filing is for an Amendment to the Order of Conditions issued on 7-29-09.  A Notice of Project Change has been sent to the Executive Office of Environmental Affairs informing them of the changes as follows: 1. Elimination of the work associated with construction of a new siphon across the Taunton river; 2. Adding an extension of the Taunton High School Pumping Station Force Main that will discharge to a new gravity sewer that will be constructed in an existing utility bay on the Gordon Own Riverway Bridge; and 3. Adding a new gravity sewer on Marilyn Drive that will extend through an easement cross-country to the northwest towards Williams Street.  The reasons for the change in the construction of the siphon across the Taunton River are due to glacial till at the depth where the drill was proposed to go.  The cobbles and boulders would be an obstruction to the drill and could cause possible collapse.  If they went shallower, it would increase the risk of a “Frac-out”, where drilling fluids break out into the receiving water body.  Going deeper would involve drilling into the rock which would increase the cost and length of the drill.  The project will now redirect contributing flow from Taunton High School Pumping station away from the existing  siphon and will re-route the flow over an existing bridge by a new gravity sewer.  It will then discharge to the Dean Street inseptor upstream of the connection.  Wetlands were delineated by WSI.  Gordon Owen Riverway: wetlands include H1-H15 east of the Riverway- the northern portion of this wetland has been identified as a Potential Vernal Pool by NHESP; wetland I1 to I9 is southeast of the intersection of Dean Street and the Riverway; and J1-J4 delineates a portion of a BVW southwest of the intersection of Dean Street and the Riverway.  Marilyn Drive: there is an intermittent stream at the end of Marilyn Drive and the headwall is adjacent to wetland flags D19 to D20.  The intermittent stream flows into a small pond and a perennial stream that eventually empties into the Taunton River.  The BVW in this area was identified by flags D8 to D32.  MR recommends that the TCC approve the above mentioned wetland flags for reference purposes only.  By definition under 310 CMR 10.53 (3) (d), this project could be considered a Limited Project and could be exempt of the Riverfront requirements under 310 CMR 10.58 (6) (h).  The work as depicted will temporarily alter areas adjacent to wetland areas and all areas will be restored to their original state upon completion of the project.  Siltation barriers will be used throughout the project.  MR recommends that the TCC approve this Amendment to include the previously approve Genera and Special Conditions under the original Order of Conditions.  DB asked will the pipe be attached under the bridge?  Yes to the steel piping that runs under the bridge.  RC asked if this was less disruptive? Yes.  An abutter on Williams Street told the TCC that he was concerned because he was told they were going to go right through his property.  They discussed the way they would go about accessing the drainage easement by way of this abutter’s property.  ST asked why they couldn’t just go down Donna Terrace?  Because it pitches the other way, so if they went down Donna Terrace they would have to put in low pressure grinders pumps.  BM said it sounds like more road disturbance but its better than going through the wetlands.  The engineer was going to go back to discuss with his co-workers the idea of going down Donna Terrace instead.  Motion to approve the THS force main project extension and accept the withdrawal of the Williams Street part by BETA, ST, second DB, so voted.  
Motion to have DB step down for this hearing, MI, second RC so voted.

Continued Public Hearing
  • Plot 568 Everett Street, Nadeau, (NOI), SE73-2406  Abutters present> The Balmains 47 Everett St., James Kinley 3 Couch St., and Bryant Davis 5 Couch St.  Motion to approve the project based on the most recent plan submitted with special conditions 1-5, 8, 9, 15-17, 21, 23-28, RC, second NK, so voted.  Mr. Balmain asked TCC why they weren’t on TV, when they are making decisions that affect the public tremendously.  ST said he has been here 7 years and meetings before were out of control, the public coming in were not treated right.  He feels cameras would only make things worse again, not any better.  BM said none of this is on the agenda for tonight.  The TCC’s job is to make sure that Mr. Nadeau is not encroaching on the wetlands.  He has me all the requirements of the TCC, this is the next step in the process.  He will not be able to go out there tomorrow and build a house on the property, there is a process to follow and he will have to follow that.
(DB back in)


  • North Walker Street, COT/OECD, (NOI), SE73-2435   Field report states that this project is for the construction of a gravel parking area (6-7 spaces).  The site is located on the east side of North Walker Street and will be the parking area for the newly designated conservation land.  This work is being done to satisfy a federal funding requirement.  The Division of Fisheries and Wildlife has determined that the project as proposed will not adversely affect the resource area habitat of state-protected rare wildlife species.  A siltation barrier is depicted on the plan and will be placed at least 24 feet from the wetland.  All work will be at least 25 feet from the wetland with grading at the entrance and the southwest.  The work as presented should not negatively impact the wetland, therefore, MR recommends that the TCC approve this work and issue an order of conditions to include the attached special conditions.  Motion to approve with special conditions 1-5, 19, 21, and 27, ST, second RC, so voted.  RC wanted to put stone dust where handicap parking, and the handicap accessible way, and then put crushed gravel for the rest.  ST and MR were concerned that if anyone came in from the sidewalk/street with a wheelchair the gravel would hinder their entrance onto the property.  Kevin Shea said that wouldn’t be an issue because you would have to be dropped off on the property.  No one would be accessing it from the street.  RC said its not a requirement but a suggestion, he will discuss it with Kevin Scanlon.  
  • 110 Prince Henry Drive, Tribe Mediterranean Foods Inc., (ANRAD), SE73-2436  This filing is for the approval of resource area delineation at the above address.  The wetlands were delineated by Vanasse Hangen Brustlin, Inc. on 5-3-10.  The Division of Fisheries and Wildlife stated that this site , or a portion of this site is located within Priority Habitat 1439 and Estimated Habitat 948 and indicates that the wood turtle (Glyptemys insculpta) has been found in the vicinity of this site.  On 5-14-10, MR walked the site with VHB botanist Allary Braitsch.  MR received a copy of the entire site with all wetlands which is now in the file.  MR agrees with the placement of the flags and recommends that the TCC approve and issue an order of resource area delineation (ORAD) for the flags as follows: WF#!-104 to 113; WF#3-101 to 103; and for reference purposes only BF#1-101 to 126 and BF#2-100 to 104.  Motion to approve the wetland line and issue an ORAD, ST, second RC, so voted.  
Motion to go out of order to Other Business to discuss the Conservation Restriction ST, second NK, so voted.
(NK out)

Other Business
  • Conservation Restriction North Walker Street.  Discussion of the maintenance plan.  DB said there are big typos.  DB is concerned with TRWA deciding when this is to be mowed.  BM said that’s wrong, they have no say over that.  DB said we as a city are liable for the park.  Marilyn Green has to be involved.  BM said at the end of the day, if all other groups fail COT is on the hook.  The TCC not sign anything until Marilyn Greene/Parks and Recreation, reads it and agrees with the maintenance plan.  TRWA knows that they are not in charge of this area.  Motion to name it the Westville Conservation Area, ST, second DB.  Motion to send a letter to the Mayor and Council regarding the name decision, DB, second ST, so voted.  Motion for the appropriate signage, DB, second MI, so voted.  Motion for DB to look into benches for the conservation area, ST, second MI, so voted.
  • Expenditures.  Letter from Kevin Scanlon regarding expenditures of $5000.00 out of the filing fees fund.  Motion to approve, DB, second RC, so voted.
  • Request for use of Boyden.  Request for use of Boyden on 6-30-10, for 75-100 people. Motion to approve the use of the park with the conditions for them to follow regarding trash, use of any restroom, etc., MI, second ST, so voted.
  • Motion for ST to look into the letter sent from Marilyn Green regarding the Riverfront playground, DB, second MI, so voted.
  • RE: pesticides, etc and its uses in Taunton.  BM has been getting all these emails insinuating that the TCC needs to be policing this.  MR said its impossible to police every property owner in the entire city.  
Motion to adjourn, DB, second RC, so voted.  Meeting ended at 9:09 p.m.