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6.14.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission June 14, 2010


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

Motion to approve the minutes of May 24, 2010, DB, second MI, so voted.  RC voted present.  

Public Meetings
  • Staples Street, Figueiredo, (RDA), DSE-985  Field report states that this project is to construct a single family home with driveway, septic system, utilities, and associated grading within the 100 foot buffer zone of an ILSF.  The ILSF was flagged by Earth Services on 4-7-10.  MR reviewed the placement of the flags and is in agreement.  MR recommends that the TCC approve the line as follows: flags FL1 to FL11 and for reference purposes only, flags FL12 to FL15.  A siltation barrier is depicted on the plan at least 25 feet from the wetland and is marked as the limit of work.  The closest disturbance to the ILSF will be grading at approximately 27 feet from the ILSF.  The stairs to the deck will be the closest structure to the wetland at 81 feet.  The plan shows a concrete washout area and a dewatering area at the front of the property.  The plan also shows roof drains into drywells.  The project as proposed should not negatively impact the wetland, therefore MR recommends that the TCC approve the work and issue a Negative Determination to include the attached special conditions.  Representative Karen Patnaude was present.  Motion to approve the wetland line as delineated, DB, second RC, so voted.  Motion to approve and issue a negative determination with special conditions 1-4, 7, 13, 14, 16, 18, and 19, MI, second DB, so voted.  RC asked how much grading in the back of the house?  Karen said very little, it’s a walkout so pretty much none.  
  • 294 Winthrop Street, Baker, (RDA), DSE-986  Field report states this site currently houses Grossmans at the corner of Joseph Warner Boulevard and Winthrop Street.  The Applicant is proposing to install an additional entrance at the southeast corner of the property; and remove small outbuildings, outside storage areas, fencing, and pavement.  The Applicant is proposing to remove 7,500 square feet of pavement and a total of 750 square feet of pavement is being added.  There is a large pond located along the eastern boundary adjacent to the current fenced-in outside storage area.  This storage area will be converted to a smaller fenced area with 17 parking spaces and a truck turn-around.  A smaller wetland area, fed by storm water from the Hannaford’s Plaza and Joseph Warner Boulevard, is located south of the building.  This area was delineated as a wetland in a 1988 filing for a parking expansion at this address.  At that time there was a concrete drainage structure from J. Warner Boulevard noted on the plan (SE 73-291).  The Applicant is proposing to remove the outbuildings along the “back” of the current building, add a transformer and utility pole, add a loading dock, crack seal existing pavement and restripe, as well as add the additional entrance.  In the front they will be removing the existing chain link fence, removing two speed bumps, paving, re-striping, and adding landscape areas.  The project as proposed should not negatively impact the wetland, and in fact, should decrease the overall storm water sheeting on the property and increase groundwater infiltration.  MR recommends that the TCC approve the work and issue a Negative Determination to include the attached special conditions.  In addition, a revised plan showing the buffer zones should be submitted.  Siltation barriers should also be depicted on the plan.  Representative John Mastera from Tibbetts Engineering, was present.  Motion to issue a negative determination with special conditions……ST, second RC, the motion was withdrawn ST, RC.  Motion to continue to June 28, 2010 with a revised plan showing the buffer zone and siltation barrier, ST, second RC, so voted.
  • 291 Shagbark Road, Emerson, (RDA), DSE-987  Field report states that this project is for the proposed lawn extension and construction of a boulder retaining wall to after the receipt and subsequent resolution of a violation issued to the owner of this property.  The “approximate wetland line” is adequate for this filing.  The work that was already done is three to five feet from the wetland and the proposed work is accurately depicted.  MR has met with the Applicant a few times to discuss the placement of the retaining wall and procedures for increasing his lawn without further encroachment into the wetland.  Ideally this should have been submitted as a NOI but in lieu of the resolution of the violation and other extenuating circumstances, MR recommended that the Applicant file an RDA in order to have a filing on record.  The area currently has gavel and will then have loam spread over the top.  A siltation barrier will be placed in front of the retaining wall and will be the limit of work.  The Applicant will then seed the area.  The project as presented will remain pervious and although it enters the 25-foot no touch zone, should have no impact on the wetland as storm water will still percolate into the ground.  MR recommends that the TCC approve this project and issue a Negative Determination to include the attached special conditions.  Representative Bill Emerson, homeowner.  Motion to issue a negative determination with special conditions 1-4, 14, 18, and 19, ST, second NK, voted taken 3 in favor/ 3 opposed, Chair votes in favor, so the motion passes 4-3.  RC said he is concerned with it being in the wetland.  There was a discussion on the placement of the wall.  Applicant knows he can only use organic fertilizer.  Motion to make a condition 20 that there is only allowed to be use of organic fertilizer, ST, second MI, so voted.

Extensions
  • 421 Joseph Warner Blvd., Sylvia, (EXT), SE73-2251  Field report states that this project was for the construction of a single family home with all appurtenances and was issued an Order of Conditions on 5-24-07.  We received a request for an Extension in order for the lawn to become established.  They expect the lawn to be stabilized by the end of the summer.  Even though we received this request on the day the Order technically expired, MR recommends that the TCC approve this request and grant the Extension for one year.  Motion to approve the extension for one year, RC, second DB, so voted.
Continued Amendments
  • River Pines Drive, Feodoroff, (Amend), SE73-2244  Field report states that this is the second field report for this proposed Amendment, which was in response to an EO issued on 12-4-09 for unauthorized work within the Riverfront Area and Priority Habitat of the Wood Turtle.  The original work was issued an Order of Conditions on 4-27-07.  MR has requested that they file for an Extension in order to complete the proposed work under this filing.  The reason for the EO and subsequent Amendment request was for work consisting 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.  Since the filing of the Amendment the Applicant has removed the two steps along the banks of the river.  The cut area along the bank of the river has recovered and revegetated.  On Thursday June 10, 2010, MR met with Rich Feodoroff, Applicant, and Marla Isaac, Conservation Commissioner to review concerns expressed by NHESP, MR, and Marla.  Mr. Feodoroff was extremely open to the concerns and understands the importance of the Riverfront Area and its designation.  This is a beautiful piece of property and can meet all parties’ needs in its natural state.  The wonderful thing about beech forests is that very little grows in the understory due to the allelopathic properties of the trees.  There presently exist a number of trails throughout the property, and there would be less damage if each house were to have a path to the river than to have just one concentrated area of use.  Ms. Isaac was told by a biologist at Fish & Wildlife that by clearing the area for the tables and canoe rack, Mr. Feodoroff actually increased the wood turtle nesting habitat.  After out meeting, Mr. Feodoroff expressed that he would like to remove the canoe rack and two tables and have the area remain natural.  He will also stipulate in the deed that there can be no intrusion/building/clearing within the 200-foot buffer zone of the Riverfront Area.  MR recommends that the TCC accept Mr. Feodoroff’s withdrawal of the Amendment.  No motion needed, part of the record that this withdrawal of the Amendment was accepted.  
Public Hearings
  • 98 Dwinell Road, Medeiros, (NOI), SE73-2437  Field report states that this property is located at the end of a cul-de-sac on the east side of the road.  A BVW, flagged by Dr. Hewitson on 4-14-10, is located in the rear of the property.  There is a definite drop in the back of the yard and the wetland edge is twenty feet from the drop-off.  The Applicant wishes to expand his backyard by filling and grading to five feet from the BVW.  He would also like to cut at least one more tree located at the drop-off.  MR reviewed the wetland line and agrees with the placement of the flags.  MR recommends feet and no more than 100 feet from the border of BVWs……” which was established “to limit or prohibit activities that may have negative impact on resource areas.”  Filling is considered one of these activities.  There are exemptions to this by-law but this project does not meet them.  The Applicant is planning to add loam, and seed the area to extend the lawn, therefore leaving the newly filled area pervious.  This may be considered mitigation, but would be a stretch.  There are other areas around the City that have lawn up to the edge of the wetlands.  Many of these areas become flooded in the spring during storm events.  This may or may not occur on this property.  The BVW is a red maple swamp and is currently damp, but there is no standing water.  It is a large system that handles a great deal of flood water.  The Commission has the discretion to waive the WPZ if it feels that the project will not negatively impact the wetland or adjacent properties.  If the Commission approves this project, MR recommends that there be no further encroachment to the BVW than what is presented.  Attached is a list of Special Conditions if this project is approved.  Representative Brad Fitzgerald was present.  Motion to approve the flags as delineated, DB, second RC, so voted.  Motion to deny the application RC, second DB, vote taken, 4 in favor/3 opposed 4-3 the motion carries.  Brad described the yard and the fact that the homeowner just wants to expand his yard for this son and make it more level.  He said it’s similar to what the TCC just approved for Shagbark Road, but no wall, it will slope down and they will loam and seed.  Brad also said there is also very little water, only some standing water.  TCC can say ok to up to 25 feet, this applicant is asking to go beyond that.  ST said if it’s going to be standard for the TCC to say no to everyone, why bother having people come in.  He said it’s their yard, they are asking to do this, so why not work with them.  Brad said they are asking to for more because going 25 feet wouldn’t be worth it.  RC said the TCC is supposed to enforce the By-Laws.  BM said the TCC has discretion over it.  BM told the applicant and his engineer that the motion carries so they need to go home and do their homework.
Motion to go out of the regular order of business, DB, second MI, so voted.
(NK out)
(MI out)
  • Middleboro Avenue, MA DCR, (NOI), SE73-2439  Field report states that this project is to replace the beach sand at Middle Pond Beach as well as to improve the drainage in order to reduce sedimentation of the pond and reduce erosion of the beach.  This pond is located within Massasoit State Park.  This area is not a priority habitat of rare or endangered species according to NHESP.  This project is considered a limited project under 3.10 CMR 10.53(3)(h) for “the maintenance of beaches and boat launching ramps which existed on the effective date of 310 CMR 10.51 through 10.60 (April 1, 1983).”  The beach is on the northeast shore of the pond and there are paths, wooden ramp, deck, and bathhouse are between the beach and the access road.  The outlet for the pond is located on the north side near the beach and picnic areas.  This outlet controls the water level of the pond.  There is no BVW on the beach and virtually no vegetation above the high water mark.  The Applicant is proposing to alter 138 linear feet of Bank and 3,665 square feet of (BLSF).  This will consist of removing one foot of existing sand and replacing it with clean sand.  There will be no change in elevation of the beach or in flood storage (total alteration 3,285 sf).  The second area of alteration is near the barbeque grills south of the beach.  The Applicant is proposing to excavate an area to create a rain garden to settle runoff from the access road and adjacent areas.  This will involve 381 sf of BLSF to be altered.  The rain garden will be lower in elevation, thus creating additional flood storage.  A turbidity curtain will be placed in the shallow water adjacent to the exposed beach and will be removed once work is completed.  A silt fence will also be installed as the limit or work between the beach and the rain garden/drainage improvement areas.  The work as presented will not negatively impact the resource area.  Once work is complete, the rain gardens will serve as infiltration areas for runoff from the comfort station and decrease the erosion currently existing on the beach.  Flood storage will also be enhanced by the rain gardens.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached Special Conditions.  Motion to approve, with conditions 1-5, 19, 21, 26, and 27, DB, second RC, so voted.  NK returned during field report.  ST asked how long the process will be from start to finish?  Might be a few weeks, not totally sure.,  BM asked when this was starting?  Depends on state funding.  The water will be intercepted in 2 rain gardens and put back into the ground, instead of going into the pond.  
Motion to go back into the regular order of business, DB, second ST, so voted.
(MI back)
  • Hamlen Street, Feodoroff, (Amend), SE73-2438  Field report states this property is located on the south side of Hamlen Street, which runs roughly east-west off Cohannet Street.  Three wetland boundaries were delineated by Walter Hewitson on 3-10-10.  This is not in any priority habitat of rare or endangered species according to MassGIS.  There is a large upland area nestled between the two wetlands and intermittent stream.  Dr. Hewitson flagged one BVW closest to Hamlen Street (B series), along the opposite side of the stream from this wetland (unlettered series), and at the rear of the site (A series).  MR walked the property on 6-8-10, and is in agreement with the placement of the flags.  MR recommends that the TCC approve the delineation as follows: Flags A1 to A3, A7 to A11, flags 4 to 20, and flags B1 to B5, with flags A5, A6, A13, to A16, flags 1, 2, and B7 to B8 for reference purposes only.  With the approval MR recommends that the TCC issue an ORAD to the Applicant.  Motion to approve the wetland line as delineated, DB, second MI, so voted.
  • Bluegrass Circle, Nadeau Development, (NOI), SE73-2440  Field report states that this site is a 25.57 acre lot (Map 49, Lot 87) located within the Tremont Street cluster development approved on 4-26-10 and issued an Order of Conditions under filing SE73-2429.  The site is not considered Priority Habitat under NHESP but is within the ACEC of the Three Mile River.  When subdivisions are approved they are generally just the road and storm water development for the project and each lot is required to file separately when houses are ready to be built.  This avoids partial COCs that have been issued in the past.  This proposed project can also be treated as a separate filing for this particular lot rather than amending the original Order of Conditions.  The wetlands were approved and an ORAD issued under filing SE73-2420.  The Applicant is proposing to excavate and create a pond within an upland area at the western section of this lot.  The pond will be approximately 2 acres and will be close to a trio of smaller wetlands (possible vernal pools) to the south and a larger BVW to the north.  The addition of a pond within an upland area increases the available wetland habitat afforded wildlife in the area.  Excavating to ground water will be required to maintain the integrity of the pond.  The excavated material will be used on the remainder of the site and will not be shipped off site.  The wetland resource areas will be protected by a siltation barrier which is depicted on the plan.   The project as presented will not negatively impact the wetland resource areas located on the property.  It will enhance the available water resource available to wildlife within the area.  MR recommends that the TCC approve the project and issue an Order of Conditions to include the attached Special Conditions.  Representatives Scott Faria and Jim Manganello were present.  Motion to approve with special conditions 1-5, 16, 17, 19, 21, 25, 26, and 27, ST, second NK, so voted.  
Other Business
  • Kelly here regarding signage at the North Walker Street site.  Kelly Whitmore from Trustees of Reservations came in with examples of the signage so the TCC could vote on what to put out at the site.  DB leash law already in Taunton, do we need it on the sign too?  Yes leave it there.  Parking sign a good idea.  Motion to change sunrise to sunset to dawn to dusk, ST, second MI, so voted.  Motion to approve signage and verbiage with amendments as stated, DB, second MI, so voted.  BM asked if anyone would like to read and edit the management plan before the next meeting?  No takers.  Motion to have MI work on the TCC’s behalf regarding the North Walker Street site, DB, second NK, so voted.
  • Gene McClaughlin works for Verizon and lives at 36 Grace Circle in East Taunton.  Here to request cutting down some trees , they are dead and leaning and he is afraid they could come down and cause some damage.  Motion to allow Mr. McClaughlin to cut down the trees, DB, second NK, so voted.
  • Family Reunion at Boyden, requesting use of the premises.  Motion to grant used of Boyden on 8-15-10 with the stipulations that apply when using he premises for anything, DB, second MI, so voted.
  • MACC.  Approval for BM to attend.  Motion to approve, ST, second DB, so voted.
  • Waverly Street.  Issue out there, access road to the pond is being blocked.  It is for the public but someone keeps cutting a tree and putting it there to block access.  MR sent a letter to all residents regarding this and saying it is not to be done.  
  • BM FYI on information he has found through his classes and certification.  He passed on information to the TCC on open meeting laws, recusing yourself during a meeting, taking an oath, and how the meeting format should run and will from now on.
  • DB- benches on North Walker Street.  She is still doing research .
  • FYI Boyden Cleanup scheduled for 6-19-10.
  • RC- tensions with the WPA.  BM said we all need to review this by-law.
Motion to adjourn, NK, second DB, so voted.  Meeting ended at 9:11pm