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12.20.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission December 20, 2010


Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Ernest Enos, Marla Isaac, Debra Botellio, and Steven Turner.  Commissioner Renwick Chapman arrived at 7pm.  

Motion to approve the minutes of 12-06-10, DB, second MI, so voted.

Motion to go into Executive Session to discuss a legal matter, DE, second, NK, so voted.
Vote: ST-yes, NK-yes, BM-yes, EE-yes, MI-yes, DB-yes

Return from Executive Session. One motion made.

Certificate of Compliance
  • Liberty & Union, Taunton Development Corp,  SE 73-1653.  Letter from Field Engineering requesting a continuance in order to hire a contractor to fix problems noted in Field Report written by Conservation Agent Michele Restino. Motion to continue to 1/10/11, ST, second DB, so voted.
  • (Lot 3) 73 Libby Lane, Nadeau, SE 73-2425.  Yvon Nadeau present. Field report states that this project was for the construction of a single family home with decks, septic system, driveway, utilities, and grading for a lot located along the north side of Libby Lane, just before the cul-de-sac. This work was originally approved under file SE 73-2216 but the Order of Conditions expired in 2009. All work has been completed in significant compliance to the Order of Conditions issued on March 8, 2010. There is no indication of siltation into the buffer zone or adjacent wetlands. Roof drains go into dry wells and the lawn is established. Motion to approve and issue a COC, DB, second ST, so voted.
Continued Public Hearings
  • 110 Prince Henry Drive, Tribe Mediterranean Foods, (NOI), SE 73-2445. John Furman, VHB; Allary Braitsch, VHB; Brian Dunn, Woodard & Curran for the TCC. JF: We resolved the stormwater issues. I think concerns have been addressed. BD: It is a closed system –not required to meet stay out of ground water. Cannot prohibit this type of system but additional manholes should be installed for inspection. A buoyancy of system verification was provided and W&C are okay with the update. DB: What are your concerns? BD: No concerns – requesting inspection of the system and additional manholes in middle of the system. The report should be part of the O&M. The chainlink fence on the plan should be labeled. MR is ok with the mitigation for the wetland finger-like projection. ST: recharge of system? JF: Not a recharge. It’s a closed system so that when it rains the mile and half of pipe will hold the overflow and slowly trickle out after the event. BM: When are you planning to start? JF: Want to start in the spring.   Motion to approve this filing and issue an Order of Conditions with Special Conditions 1-5, 19, 21, 25-27, ST, second MI, so voted. Motion to close hearing MI, second DB, so voted.
  • Winthrop Street, City of Taunton-DPW, (NOI), SE73- 2459. Matt Stanley, BETA Group; Chris Cronin, BETA Group. Field report states that this is for the expansion of the sewer system on Winthrop Street west of South Walker Street to Burt Street at the Dighton Line. This will include construction near resource areas including crossing the Segregansett River. The wetlands were delineated by Wetland Strategies, Inc. on June 23 and August 23, 2010. The following wetland areas were delineated as follows: a bordering vegetated wetland (BVW) was located on the northerly side of Baker Road using flags A1 – A9. The surface water discharges through a pipe under Baker Road into a grass swale that connects to a forested wetland. This forested wetland was flagged with flag series B1 – B15, and extends to the north on Dighton Ave. The BVW on Dighton Ave. is greater than 100 feet from the project and was not delineated. Flag series C1 – C6, D1 – D20, E1 – E5, F1 – F6, TOB A1 –A6, and TOB B1 – B6 delineated BVWs connected to the Segregansett River and an Inland Bank associated with the river. East of Burt Street is another forested wetland (flags G1 – G12, and I1 – I22), and a wet meadow (flags H1 – H14). Another forested wetland is across from the “I” series and is marked using flags J1 – J7. A forested BVW east of Winthrop Heights was flagged using flags K1 – K14 and L1 – L26. A wetland along the Three Mile River near the Westville pump station was flagged using flags M1 – M11. MR recommends that the Taunton Conservation Commission approve the delineation using the above flags series and numbers for reference purposes only. Motion to approve the wetland delineation as stated in the Field Report, DB, second MI, so voted.
All work will be within the roadway and will not disturb resource areas. The plans depict siltation barriers erected to protect the previously mentioned resource areas. The barriers are sufficient for the work described. The work as presented should not negatively impact the resource areas. An email from NHESP has requested additional information. BETA responded to their letter explaining that work would be within the roadway and not resource areas. MR spoke with Dave Paulson, NHESP, and he said that this project is clear to move ahead. The letter will be forthcoming in the mail once the reviewer returns from out of the country. The work as presented should not negatively impact the resource areas, and MR recommends that the Taunton Conservation Commission approve this project and issue an Order of Conditions to include the attached Special Conditions.  Report received form NHESP – all work was addressed. Work will start in the spring. Motion to issue an Order of Conditions with Special Conditions 1-7, 19, 21, and 25-27, DB, second ST, so voted.

  • 700 Joseph Warner Blvd, Sain-Gobain Performance Plastics, (ANRAD), SE 73-2458 JimManganello. Field report stated that this filing is for a wetland delineation verification of a bordering vegetated wetland (BVW) and riverfront area adjacent to the above-mentioned property. LEC conducted the delineation on November 1, 2010.     MR reviewed the wetland line and riverfront line and agree with the placement of the flags. The BVW extends beyond the property to the northeast and southwest and is primarily forested with a pond and intermittent stream in the southwest. Dominant species include red maple, pussy willow, ash, and tupelo with sweet pepperbush, highbush blueberry and winterberry in the understory. Other vegetation within the BVW includes poison ivy, various sedges and rushes, cinnamon fern, and sensitive fern. This area is delineated with flags numbered LEC 1 through LEC44 in the field and noted as WF-1 through WF-44 on the plan. There is an unnamed perennial stream to the north, flowing in a southerly direction. Flags used to delineate this area are shown as RF-1 to RF-4 on the plan and MAHW1 through MAHW7 in the field. Motion to approve wetland delineation and issue an Order of Resource Delineation (ORAD) based on the following: Flags WF-1 to WF-18, with flags WF19 through WF44 and RF1 to RF4 used for reference purposes only, ST, second DB, so voted. Motion to close hearing MI, second DB, so voted.

Public Hearings

  • Prospect Hill Street, COT-DPW, (NOI), SE 73-2460. Motion to open hearing: MI, second EE, so voted. Mike Zavalia, BETA Group.  Field report states that this project is for the replacement of an existing 36” corrugated metal pipe with a 36” reinforced concrete pipe under Prospect Hill Street. Existing headwalls will also be replaced. This pipe is a conduit for an intermittent stream that flows east to west from Raynham to Taunton. The condition of the pipe is poor and requires replacement, especially before anticipated additional traffic from the new development to the north of the project. The Applicant appeared in front of the Raynham Conservation Commission last Wednesday (12/15). They have not received comments back from NHESP and the Raynham ConComm did not have a quorum so had to continue the hearing to January 19, 2011. Resource areas were flagged by Wetland Strategies, Inc. on June 15, 2009. WSI flagged both sides of the wetland along the banks of the intermittent stream. MR is in agreement with the placement of the flags within Taunton; MR cannot recommend approval for delineations in Raynham. Flags A1 to A7 are along the east (Raynham) side of the road. The “B” series delineates the BVW along the banks of the intermittent stream within Taunton. Motion to approve the placement of the flags B1 – B7 for reference purposes only, DB, second ST, so voted.
The portion of the project within Taunton extends from the centerline of Prospect Hill Street west. A portion of the work within Taunton is within NHESP habitat. Three of the four immediate abutters have signed off on the project. The fourth abutter, Walton at #262 has not signed off per his lawyer’s recommendation. This has been difficult for the Applicant as they have done due diligence in notifying all abutters and getting signatures. Proof of due diligence is included in this filing. MR has involved our legal department to consult on the issue. MR met with Mike Zavalia, BETA Group, on December 15, 2010 to review the project and offer suggestions to decrease the amount of work within property owned by Walton. With the changes, work will consist of the following temporary and permanent disturbance:
  • BVW: Total = 188 sf ; 158 sf temporary and 30 sf permanent (riprap) alteration;
  • Bank: Total = 69 lf; 8 lf temporary and 61 lf permanent;
  • Land Under Water Bodies: Total = 308 sf; 0 temporary and 308 sf permanent.
        The temporary and permanent alterations to the property at #262 Prospect Hill Street are        as follows:
  • BVW: Total = 161 sf; 137 sf temporary and 24 sf permanent;
  • Bank: Total = 32 lf; 0 lf temporary and 32 lf permanent;
  • Land Under Water Bodies: Total = 191 sf; 0 sf temporary and 191 sf permanent.
Trees originally slated to be removed will remain. The headwall has been moved as close to the ROW as possible to ensure the integrity of the proposed guardrail. The headwall has also been designed smaller than the original proposal. This project is considered a “limited project” under 310 CMR 10.53(3)(f) as it is maintenance and improvement of  a roadway and inadequate drainage system. The work that is proposed is approved under the Wetlands Protection Act (The Act) and is necessary for the safety of residents utilizing the road. Alterations to property at #262 Prospect Hill Street will be minimal and may involve a “taking” when work is contracted. At present, this filing only authorizes the work to be done. Work will be contracted out at a later date once all legal issues have been resolved. These legal issues do not involve the Conservation Commission, or its approval of the project, which, as stated earlier, is an approved activity under The Act. Motion to approve this project and issue an Order of Conditions to include Special Conditions 1-7, 19, 21, 25-27, ST, second EE, so voted. BM: where will granite be stored? MZ: at DPW. DB: Anything from NHESP? MZ: Nothing yet. We will also be applying for a Cat 1 permit from ACOE and a Water Quality cert from DEP. MZ will make a call to NHESP regarding status of letter. Motion for MR to write letter to NHESP as well, ST, second NK, so voted. ?Is #262 concerned about a taking? MZ is not sure. MR assumes this is the case. Raynham wants the work done prior to start of work on the subdivision.

Motion to go out of order to hear violation, ST, second EE, so voted.

Violation

  • 342 Winthrop Street. Matt St. Germain, owner and John DeSousa, Seacoast Engineering present. Site work was started on this property prior to any approvals from Conservation, ZBA or Planning. Mr. St Germain started work outside the 100-foot buffer and just kept moving back to within 25 feet of the wetland. He did have a siltation barrier up prior to work.  He has submitted a Notice of Intent for his project. He has stopped all work on the property until the NOI has been approved. Motion to dismiss violation NK, second ST, so voted.
RC arrives.

Public Hearing
  • 342 Winthrop Street, Matt St. Germain, (NOI), SE 73-.  Matt St. Germain, owner and John DeSousa, Seacoast Eng. Present. Motion to open hearing ST, second NK, so voted. Motion to continue to January 10, 2011 because there is no DEP number assigned, ST, second MI, so voted.
Other Business
  • Westville Conservation Area. Bill submitted for half the cost ($350 total cost) to change fencing to a 12 foot gate for $175. The other half of the cost will be picked up by the Trustees of Reservations.
  • Christ Church invited Commissioners to attend a special time of praise and worship at their new center. Commissioners chose to attend on Jan. 8 at 4pm. MR to RSVP for the Commission.
  • Facebook Page. BM brought up the possibility of a Facebook page for the Conservation Commission. We could post the schedule, MACC events, etc. Need to have a generic email for the commission. MR to ask Kevin about this.
  • Election: Chair – Brian Marques nominated. Motion to elect Brian Marques as Chair, DB, second RC, so voted. Vice Chair – Neil Kelly nominated. Motion to elect Neil Kelly as Vice Chair, DB, second ST, so voted.
Motion to adjourn, DB, second MI, so voted.  Meeting ended at 7:30pm.