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Minutes of the Taunton Conservation Commission June 4, 2012
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Ernest Enos, Marla Isaac, Neil Kelly, and Renwick Chapman.
Absent: Commissioner Debra Botellio
Motion to approve the minutes of the previous meeting, ST, second MI, so voted.
Certificate of Compliance
1. 27 Bennett Street, Vasconcelos, (COC), SE73-2397 Field report states that this project was originally under #29 Bennett St. which was subdivided so that the Applicant could construct a single family home on the new lot which became #27. All work has been completed in significant compliance to the Order of Conditions issued on 6/24/09. Lawn areas are stable, roof drains are connected to drywells, and there is no indication of sedimentation in the wetland. The Applicant can remove the siltation barrier. MR recommends that the TCC issue a COC for this project. Motion to issue COC, MI, second RC, so voted.
2. 42 Adams Street, Diocese of Fall River Catholic Ed Center, (COC), SE73-2159 Field report states that this project was to construct a high school soccer field and parking lot. In addition, a softball field, batting cage, concrete pads, fencing, gravel track, sand pit, and posts with nylon fencing were also constructed. The additional structures are minor and within the limits of construction. The adjacent wetlands do not appear to have been altered or negatively affected. The overall work was completed in significant compliance to the Order of Conditions issued on 6/27/06. MR recommends that the TCC issue a COC for this project. Motion to issue a COC, ST, second NK, so voted.
3. 391 Winthrop Street, Brennan, (COC), SE73-2476 Field report states that this project was for the excavation of petroleum-impacted soils with off-site recycling at an asphalt batch facility followed by the application of oxygen release compound. The excavated area was to be backfilled with clean suitable fill material. All work has been completed in significant compliance to the Order of Conditions issued on 7/28/11. All areas are stable and there is no indication of siltation within the resource areas. MR recommends that the TCC issue a COC for this project. Motion to issue COC, ST, second RC, so voted.
Public Meetings
1. Brandy Lane, Lot #2, TLC Development, (RDA), DSE-1037 Field report states that this project is for the construction of a single family home with subsurface septic system, utilities, driveway, drywells for roof runoff, and associated grading. This property falls within the Three Mile River ACEC. To the east of the site is an ILSF which was flagged by Walter Hewitson and approved under an ORAD issued on 1/23/07. The flags have been refreshed/re-hung. MR requested that the TCC re-approve the flags as follows: Flags A1 to A13 for reference purposes only. The southeast corner of the home, one of the drywells, a portion of the reserve area, and grading will occur within the 100-foot buffer zone. The closest disturbance will be 25 feet from the ILSF (flag A9).
All other work will be outside jurisdiction. A siltation barrier is depicted on the plan to the southeast of the house. MR recommends that a second siltation barrier be erected along the 25-foot WPZ to the west of the ILSF because of the grading. As long as the siltation barrier is erected between the work and the ILSF, MR sees no issues with this project. MR recommends that the TCC approve this project and issue a Negative Determination to include the attached special conditions. Motion to open the hearing, RC, second NK, so voted. Motion to approve the wetland line, MI, second RC, so voted. Motion to issue a negative determination with conditions 1, 2, 3, 4, 14, 16, 18, 19, and extend the siltation barrier Northeast to the property line along the tree line, RC, second NK, so voted.
2. 135 Norton Avenue, Peters, (RDA), DSE-1038 Field report states that this project is for the removal of an existing deck and the replacement of an 11’ x 17’ deck in the rear of the house. At its closest, the deck will be 63 feet from the wetland. Work will be done by hand. The Applicant will be placing sona tubes filled with cement 4 feet below grade and will use pressure treated wood as the material for the deck construction. The project as presented will not negatively impact the adjacent wetland, therefore MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Present Mark Peters, homeowner. Motion to open the hearing, RC, second ST, so voted. Motion to issue a negative
determination with conditions 1, 2, 3, 4, RC, second NK, so voted. Motion to close the hearing, MI, second RC, so voted.
3. 20 Rosewood Drive, Hart, (RDA), DSE-1039 Field report states that this project is for a septic system replacement at the above address. The wetlands are located at the toe of slope to the north and west of the project area. The leaching field will be 62 feet from the BVW and grading will occur within 42 feet of the wetland. The plan depicts a siltation barrier at least 27 feet from the BVW and is the limit of work. The project as presented will not negatively impact the adjacent wetland, therefore MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Present Arthur Amaral. Motion to open the hearing, RC, second MI, so voted. Motion to issue a negative determination with conditions 1,
2, 3, 4, 14, 19, and 20, siltation barrier (straw waddles) to extend along the top of the wall, MI, second RC, so voted.
Continued Amendments
1. Blue Grass Circle, G. Lopes Construction, (Amend), SE73-2429 Letter sent, they are withdrawing the request. Motion received and place on file, ST, second NK, so voted.
Continued Public Hearing
1. 206A Tremont Street, DeOliveira, (NOI), SE73-2407 Field report states that this project is seeking an after the fact approval for the construction of a fence along the edge of a BVW. This filing has been held up because a COC for the duplex, DEP file number SE73-1805, 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. The replication area has been completed and has had one year of growth. MR met with Gary Makuch of DEP on 5/17/12 to inspect the replication. It met with DEP’s approval and a Superseding Certificate of Compliance was issued 5/23/12. MR recommends that the TCC issue an order of
conditions for this project. Motion to approve, ST, second RC, so voted.
2. Middleboro Avenue, Taunton Development Corp., (NOI), SE73-2500 The TCC went out to walk the site and speak with abutters regarding this project. BM feels the abutters would be more accepting of this if there was some commitment from TDC regarding cleaning the brush and trees. MR did remind everyone that some of the trees may be blocking the river but at this point they could be wildlife habitat. Abutters are afraid if the trees are left as is, there will be siltation build up. ST also said some of the trees that if they do eventually fall, could cause some issues out there. BM stated that there was a situation at Boyden and volunteers came in to offer their help. This may work for this area too. Perhaps Nick Nelson and MR can go out and walk the area to
the Taunton River. Nick will work with MR and the city to walk the site, identify the trees and habitats. This wouldn’t take place until approximately Summer 2013. A habitat retention and clearing plan is what’s needed. Applicant should put a plan together and work with MR. Perhaps MR can get in touch with Bristol Aggie and their forestry division to help out with this. Many experts were present, Beth Lambert from Division of Ecology and Restoration, Rachel from Save the Bay, and Brian from National Oceanic Division. Motion to approve NOI with conditions 1, 2, 3, 4, 5, 16, 17, 19, 20, 21, 25, 26, 27, 28-have habitat and clearing plan before they proceed with construction, 29-meet on site on June 18, 2012 for a site walk, all pending approval of final plan, ST, second RC, so voted.
3. 580 Winthrop Street, Brown, (NOI), SE73-2503 Present Shawn Martin from Fuss & O’Neil, TCC peer reviewer. From Cox Enterprises Aaron Brown, and for the applicant, Bob Rodgers. They presented the projects and their review. BM seems they’ve worked out a lot of their issues. Motion to approve and issue an order of conditions with special conditions 1, 2, 3, 4, ,5, 8, 19, 21, 24, 25, 26, 27, 28-chainlink fence minimum of 6 inches above the existing ground surface, 29-NIPDS report, 30-revised plan that’s reviewed by TCC consultant and MR and stamped, 31-monitor sump pump, 32-site review every 6 months over the life of the order of conditions, speak with neighbors, 33-device to measure in Toby’s yard, ST, second RC, so voted. Abutters spoke:
Gerald Dellaire Burt Street, he is concerned with water worsening on his property. Abutter Toby Chixarro 1285 Burt Street, is concerned with the same thing. MR reminded the abutters that the project will not lessen the water on their properties but they are not allowed, by law, to put more water there. The abutters concerns were added to the conditions to keep track of how this affects their properties.
4. 110 Country Way, Abraham, (NOI), SE73-2504 Field report states that this filing is for the construction of a 10’x 25’ addition to the west side of an existing dwelling. The Three Mile River and adjacent wetlands are located south of the house. The wetland was delineated by Walter Hewitson on 4/7/12 and the Top of Bank was delineated by Earth Services on 4/10/12. MR conducted a site visit on 4/25/12 and reviewed the resource area delineations. MR is in agreement with both delineations and recommends that the TCC approve the flagging as follows: flags TOB1 to TOB6, and FL#2 to FL#5 with FL#1 for reference purposes only. The plan shows dewatering and concrete washout areas outside the BVW buffer zone and at least 180 feet from the river. A siltation
barrier is depicted 75 feet from the BVW and it is marked as the limit of work. The project will be 116 feet from the river and 88 feet from the BVW. With the siltation barrier in place there should be no negative impacts to the resource areas. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to open the hearing, ST, second MI, so voted. Motion to approve the flags, ST, second NK, so voted. Motion to approve with special conditions 1, 2, 3, 5, 19, 21, 25, 26, 27, ST, second NK, so voted. Motion to close the hearing, MI, second RC, so voted.
Public Hearing
1. 391 Winthrop Street, Brennan, (NOI), SE73-2506 Field report states that this filing is for the installation of a septic pump chamber and sewer line, construction of a stockade fence, and paving of a parking lot. This property is situated along Three Mile River with Mean Annual High Water (MAHW) at elevation 33.5. The wetland line was re-flagged by Earth Services Corp. on 5/31/12, MR reviewed the wetland line which follows the toe of slope along the Three Mile River. MR recommends that the TCC approve the line as follows: Flags ESC1 to ESC8, ESC1A, 2A, and 3A, with flag ESC 9 for reference purposes only. This lot was in existence prior to 10/6/97 and the proposed work meets the criteria under 310 CMR 10.58(5)(a)(c). The Applicant may or may not by tying into the
city sewer system but if so, the pump chamber will be 93 feet from the river and 84 feet from the wetland. A new septic system was installed in 2006 under DEP #SE73-2186 and so tying in may not be necessary. The proposed fence will be 61 feet from the wetland and 73 feet from the river. The parking lot will be repaved with six defined parking spaces and a landscape buffer will be planted along the east and south boundaries. The work as proposed will improve the current condition of the property and will not negatively impact the resource areas. The plan depicts a siltation barrier as the limit of work to protect the resource areas from any construction siltation. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to open the hearing, ST, second MI, so voted. Motion to approve the flags, ST, second NK, so voted. Motion to approve with conditions 1,
2, 3,4, 5, 19, 21, 25, 26, 27, ST, second NK, so voted. Motion to close the hearing, NK, second RC, so voted.
2. 108 Scadding Street, Travaglione, (NOI), SE73-2507 Field report states that this filing is for the demolition of an existing house and the construction of a new single family home, with associated driveway grading, utilities, and 20-foot high retaining wall. A narrow BVW was flagged by Walter Hewitson on 2/10/12. This wetland is bordered by Lake Sabbatia to the west and a steep slope to the east. MR reviewed the BVW and recommends that the TCC approve the line as follows: Flags 2WH to 11WH with 1WH for reference purposes only. There is an existing boulder wall running southwest to northeast that has been in place for quite some time. The concrete block retaining wall has already been constructed and is 45 feet from the BVW. This wall replaced a deteriorating
wall of concrete cores and tires put in by a previous owner. The de-construction and re-construction of the retaining wall was done under an RDA, DSE-933. This property has a very steep slope overall, with a small, relatively level area between the newly constructed wall and the boulder wall. Between the new wall and the proposed house is a second relatively flat area. There was no evidence of erosion or siltation into the lake or BVW. A siltation barrier is depicted along the 25-foot WPZ and will be the limit of work for this project. The driveway, proposed garage, and septic system are outside jurisdiction, and a dewatering area is also depicted outside the 100-foot buffer zone. MR would also recommend roof drains into drywells if the soil can support this. If not, what alternative to roof runoff is proposed? Rain gardens? The work as proposed should not negatively impact the resource areas. A house currently exists on this
property as well as boulder retaining walls. The new retaining wall is an improvement over the deteriorating walls that is replaced and gives stability to the site. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to open the hearing, RC, second MI, so voted. Motion to approve the flags, ST, second NK, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 8, 19, 21, 23, 24, 25, 26, 27, move silt fence, revise and show MR, ST, second NK, so voted.
Motion to go out of order to hear the violation on 27 Laneway Street, ST, second RC, so voted.
Violation
1. 27 Laneway Street. Present Aaron Smith, owner. Motion to remove the violation because the NOI has been filed, ST, second RC, so voted.
Motion to return to the regular order of business, ST, second NK, so voted.
Public Hearing
3. 27 Laneway Street, Smith, (NOI), SE73- Field report states that this project is for the repair and maintenance of the Segreganset River Dam, including tree removal and installation of granite blocks to prevent erosion. The dam is a 225 foot long earthen dam with a 20 foot wide spillway constructed in 1933 to provide water for a dairy farm. The impoundment is now used for recreational purposes. On 7/9/09 an Inspection/Evaluation report was completed by Pare Corporation. This report states that the dam is classified as a Small sized, Low hazard potential dam that has the following deficiencies:
1. Scour at the bottoms of the spillway training walls;
2. Scour of the concrete bridge piers;
3. Erosion along the downstream water line; and
4. Vegetation, large trees, and brush growth along the upstream and downstream
Slopes.
The actions that were recommended to address the above deficiencies are:
1. To remove trees along the downstream slop;
2. To remove vegetation along the upstream and downstream slopes;
3. Repair concrete at the spillway training walls and bridge piers;
4. Install erosion protection along the upstream and downstream waterlines; and
5. To do additional studies, evaluations, maintenance and repairs.
Much of this work was completed prior to the filing of this NOI and a violation was issued the owner. Mr. Smith met with MR immediately after receiving the violation notice and they discussed the work he had already done as well as the inspection and recommendations by Pare Engineering and DCR. He stopped doing any additional work and filed this notice. When MR had visited the site after receiving a complaint, she observed that trees and vegetation along the south side of the street (downstream side of the river) had been removed, and that granite blocks had been installed along the downstream (southern) embankment. 120 feet of concrete sea wall was removed on the northwestern river embankment (upstream). There is still a great deal of work to be done to complete all the recommendations
made by Pare. This work includes:
1. Add gravel and ¾ inch processed asphalt to the 48 foot southeast wall;
2. Under low water conditions
-Northeast 26 foot wall:
1. Level platform for granite blocks
2. Install blocks
3. Backfill area between new blocks and road with gravel and
¾ inch processed asphalt
-Northwest 120 foot wall:
1. Level platform for granit blocks
2. Install blocks
3. Backfill area between new blocks and road with gravel and
¾ inch processed asphalt.
3. Repair/replace south bridge abutments in spillway
4. Repair concrete deck on spillway
5. Establish vegetation on the southwest embankment beyond the new wall
6. Remove pine boughs on south side water’s edge due tree damage.
In addition to the above repairs, Pare Engineering recommends yearly and recurrent maintenance of the dam. The recommendations include: regular monitoring and inspection of the dam and appurtenant structures with formal inspections every 10 years; and regular maintenance to control and prevent further growth of unwanted vegetation. The project as presented will be an improvement over the current condition of the dam. The roadway will be safer, erosion will be minimized, and the overall health of the river and quality of water will be improved. 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, 2, 3, 4, 5, 19, 21, 25, 26, 27, 28-regular monitoring and inspection of dam and
appertment structures in perpetuity, 29-formal inspection every 10 years in perpetuity, 30-regular maintenance to control and prevent further growth of unwanted vegetation, ST, second MI, so voted.
(NK stepped out)
Violations
2. 110 Plain Street. Tobias Massa homeowner. Motion to remove the violation, allow him to spread loom and plant rye grass there and have DPW check the manhole, ST, second MI, vote taken…In Favor: MI, ST, EE, Opposed RC, motion carries.
(NK back)
Other Business
1. Open vs. Conservation
2. Riverfront Park. Use of park on 7/14/12 or 7/21/12 for a birthday party. They also want to rent a bounce house for the party. MR will check into the availability of the dates. Motion to approve both dates, call ST with whichever is available, have MR speak with legal regarding the bounce house, and speak with park & rec about electric for it, ST, second RC, so voted.
Motion to adjourn, RC, second MI, so voted. Meeting ended at 10:20 pm.
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