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9.27.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission September 27, 2010


Present: Ernest Enos, Debra Botellio, Brian Marques, Renny Chapman, Marla Isaac, Neil Kelly
Absent: Steve Turner
Motion to approve minutes of September 13, 2010, DB, second RC, so voted.


Certificate of Compliance
  • Middleboro Ave., Parish Center, (COC), SE 73-2297 Letter to Pastor of the parish, Father Kevin Cook was read into the record. MR requests that the following needs to be done before a COC is issued: It is imperative that the Parish’s representative remove the upland grasses and forbs and either add more plugs of hydric plants or over-seed with a wetland mix. The shrubs and trees that are dead or in poor condition will need to be replaced. It is vital that the replication be connected to the adjacent bordering vegetated wetland. A qualified wetlands specialist/botanist must oversee the work as noted on the plan or record, the Order of Conditions, and must submit written reports to this office. The botanist will be required to ensure that the elevations are correct and that the proper hydrology exists for this replication to thrive. All trash and grass clippings are to be removed from the replication area. Motion to continue this hearing to the second meeting of September 2011, DB, second RC, so voted.
  • 220A & 220B O’Connell Way, Advantage Construction, (CO) SE 73-2262 Field report states that this project was for the construction of two warehouse/office buildings with associated site access, parking, grading, drainage, and utilities. MR inspected the site on September 24, 2010 and found the work to be in significant compliance to the Order of Conditions issued on June 13, 2007. All grassed areas are stable, the roadway has had the final coat and the storm drains are clean and in good shape. The detention and bioretention areas are all in good shape. Inverts should be checked annually and cleaned to keep vegetation from hindering the effectiveness of the stormwater management. The siltation barrier can be taken down and disposed of properly.
        There are a few areas of concern that need to be addressed prior to the Certificate     of      Compliance going out in the mail. These are:
  • Along the northeast side of Building B (behind the 9 space parking area), MR  noticed trash and an old printer/copier behind the silt fence;
  • There is a car muffler at the northeast corner of the parking lot between Building A and Building B, just to the right of the wetland;
  • In that same area, there is a dead tree that should be cut down.
        MR recommends that the Taunton Conservation Commission issue a Certificate      of      Compliance for this project to be issued once the above concerns have been addressed.   Motion to approve and issue a COC to include conditions, DB, second MI, so voted.

Public Meetings
  • 125 Belmont St, Chapman, RDA, DSE-1000  Field report states the Applicant is proposing to install a 10’ x 12’ shed, level an area 11’ x 13’, and install a 6-foot high vinyl fence to enclose the backyard. This property is located on Belmont Street, off Arlington Street and has a small BVW in the southeast corner of the property. A 20-foot wide drainage easement runs along the east property line to a headwall and the BVW. An intermittent stream flows east to west on the adjacent property. All work will be at least 50 feet from the BVW. Post holes will be dug by hand and the shed will be on concrete blocks. The line where the original siltation barrier was placed is still definable. No work has been done beyond this line. MR recommends that the Taunton Conservation Commission approve this project and issue a Negative Determination to include the attached Special Conditions. Motion to issue a Negative Determination with special conditions 1, 3, 4, RC, second MI, so voted.
Extensions
  • 229 Plain St., Pearson, EXT, SE 73-2299 The Applicant has requested a three-year extension in order to finish work. Due to the economy the project, they cannot afford to complete it before the Order of Conditions expires. Motion to grant a three-year Extension, DB, second RC, so voted.
Cont. Public Hearings
  • 206A Tremont St, NOI, SE 73-2407 Mark DeOliveira, homeowner.  Field report states that this project is seeking an after-the-fact approval for the construction of a fence along the edge of a bordering vegetated wetland. This filing has been held up because a Certificate of Compliance for the duplex has never been issued and is further complicated because a replication area did not survive. The previous filing received a Superseding Order of Conditions and DEP is the agency of approval for the Certificate. MR met with Gary Makuch and the two homeowners on September 1, 2010. The owner of 206B Tremont Street has agreed to re-do the wetland replication per Mr. Makuch’s specifications. Mr. Makuch re-did the wetland line which MR reviewed and agreed with and an additional growing season has been granted for this work to be completed in preparation for the final Superseding Certificate of Compliance. MR requests that the Taunton Conservation Commission continue this filing to the last meeting in August, 2011 to give sufficient time for this replication area to grow. Motion to continue to the last meeting in August, 2011 and to send out new Public Notice when we have the date, DB, second RC, so voted.
Public Hearings
  • CSX Transportation Railroad Bridge, NOI, SE 73-2450 Jacob Dunnell, AMEC. Motion to open hearing DB, second RC, so voted. This project is to repair part of the existing railroad bridge that crosses over the Taunton River (bridge number QN 11.80). This bridge is off Ingell Street and is accessed from a gravel parking area just southwest of the DPW building and across the railroad tracks. This gravel area is owned by CSX. The Applicant will be replacing 61 steel piles or bridge supports (“H-piles”) that have deteriorated in order to maintain the safety of the bridge. The piles will be replaced from 1 foot below the mudline to approximately 2 feet above the waterline. To access the piles and cut and replace them, a small volume of sediment will be removed from the base of each pile and the areas are expected to refill naturally over time. The mud will not be replaced. The Applicant will access the piles by boat. A turbidity curtain will be in place prior to any work within the water. In order to remove the sediment from around the piers, a four inch diameter slurry pump with a sieve guard will be staged from the bridge and operated by divers. They remove sediment from a two-foot radius around each steel pile to a depth of two feet below the water line. This sediment will be pumped to a 25 cubic yard filter box located in the gravel parking lot approximately 150 feet form the river. Water will be drained from the filter box and decanted with a sediment bag for final discharge to the gravel lot and surrounding grass surface area. Haybales will surround the filter bag. The river sediment will be allowed to dry and will then be disposed as solid waste at the Waste Management landfill in Taunton. It is estimated that a total of 766 square feet of Land Under Water (LUW) will be impacted by this work. This impact will be permanent as no sediment will be replaced. No adverse impacts to the surrounding river bottom are expected because the vacuum system will be removing sediment that is disturbed or dislodged. The turbidity curtain will prevent any stray sediment from travelling downstream during this work. The work is considered a Limited Project under general provisions 310 CMR10.53(3)(i) that states “The maintenance, repair and improvement (but not substantial enlargement) of structures, including dams and reservoirs and appurtenant works to such dams and reservoirs, buildings, piers, towers, headwalls, bridges, and culverts which existed on the effective date of 310 CMR 10.51 through 10.60 (April 1, 1983)”. This project will not impact either the bank of the Taunton River or the buffer zone. The work as proposed can be permitted as stated above under CMR 10.53(3)(i). MR recommends that the Conservation Commission approve this project with the attached Special Conditions.
         BM asks where will muck be stored – all material will be stored in the staging area to         dry and then shipped out. Filter fabric will be around the filter bag.
        DB No DEP number yet, we could be setting a precedent. Concerned, recommend     continuing.
        This can be approved conditionally.
        BM Show me we can do this. This is the busiest crossing for CSX. Want to prevent        anything from happening. BM states this is common sense – we should set a precedent in  this case – it’s a safety issue, make sure community is safe.
        Motion to issue an Order of Conditions with Special Conditions pending a DEP number     and close hearing, RC, second NK, so voted.

Violations
  • 132 North Walker Street. Paul Brennan. Issued a violation for cutting trees and leaving a pile of wood chips on the new conservation area. There was a misunderstanding regarding the trees and cutting. Mr. Brennan got rid of the poison ivy and the intention was to clean up the ground and poison ivy, plant healthy trees, and mulch. Motion to dismiss violation and work on the area with MR and Kelley Whitmore of Trustees of Reservations, DB, second MI, so voted.
Other Business
  • 1561 Glebe Street. Scott Pennoyer, Rehoboth ConComm Chair, Rick & Doreen Nielson, homeowners, Richard Nielson, Sr.
RC – Visited site. Does the town know what existed before the catch basin and work was done?
SP – Water came from Reynolds and Old Reynolds. Hwy Dept said that there were no changes up to the catch basin. No bigger, same size. SP said that they crossed over to the field to do a perk test and the excavator crushed the original PVC and put catch basin on top. He (Hwy Dept) didn’t think it increased the stormwater.
BM – Is it possible that the pipe got broken? SP – Possible. Crushing would slow water down, not increase the flow.
RC – Not 100% sure what happened; before the catch basin the swale continued past the catch basin to the field or further down the road. Not all the water went onto the Nielson property. Now everything is directed across the street doubling the flow of water.
SP will work with the Nielsons. Restoring to an existing condition - May hear from Mr. Allen, neighbor down the street. Motion: In three weeks Scott will come back to TCC (10.18.10) with a game plan. Between now and then Scott will meet with DPW, Board of Selectmen and Stormwater Officer (Peter), DB, RC.
Thank you.
  • North Walker Street Property. Kelley Whitmore, Trustee of Reservations. Baseline Documentation Report (BDR). DB said that the acreage for Boyden was incorrect – should be 52 acres. Motion to approve with correction and 1 hard copy to be kept in Conservation Office, DB, second MI, so voted.
KW has questions and comments. Official opening is Tuesday, October 12 at 3:30pm. Should invite the appropriate officials.
? Signs next to river that say “to prevent erosion no swimming, no boating. Fishing permitted”. Motion to approve wording DB, MI, so voted.
? Map of trails to go up will be in kiosk. One trail is near a potential vernal pool. MI will go with MR next spring to certify. The sign could say :breeding habitat March 1 through April 30. Please do not enter”
Fence to go in the front of the site before Oct. 12
? Work day to clean up before the opening? MR and KW will be out the Friday before.
TRWA will help with clean up.
MR to call TEMA regarding a speaker system to use for the opening.
  • MACC training – MR and RC will be attending. Motion to use $180 from filing fee account to pay for workshop DB, second MI, so voted.
  • Mark Rhodes. Funding for Eagle Project. Letter is to request funds. Was the work done? If a bill, can FOB foot the bill? FOB has the money in there. There is a trail fund with more than $4000. MR to scan bill and send to BM.
  • An opportunity. BM said that the TRWA has agreed to write a grant for steel netting to put along the banks of the river at Boyden to stop the erosion.  If we find the people who do this type of work, send names to BM. Also spoke to Dick Shaffer about rehabbing the building and turning it into an education center. BM will duplicate keys so others can access the building and gate.
  • On October 2nd, volunteers will be putting up the post and rail fence. BM will supply coffee and lunch.
Motion to adjourn, DB, second NK, so voted.  Meeting ended at 9:03p.m.