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7.21.14 Conservation Commisson Minutes
Minutes of the Taunton Conservation Commission July 21, 2014

Present:  Vice Chair Debra Botellio, Commissioners Neil Kelly, Ernest Enos, Luis Freitas, and Renwick Chapman

Motion to approve the minutes of the June Meeting, LF, second NK, so voted.
Motion to go out of order to hear Hopewell Street, LF, second NK, so voted.
Public Hearing
  • Hopewell Street, Greene, COT Parks, Cemeteries, Public Grounds, (NOI), SE73-2582  Field report states that this project is for the proposed installation of a complete Vortex Splash Pad located at Hopewell Park.    The park abuts the Mill River along the west side of the property.  The entire project falls within the 200 foot Riverfront Area, with the Splash Pad within the outer Riparian Area.  The Splash Pad will be to the west of the pool, along the fence line and will bre graded at a 10:1 slope.  The area is level now and the construction of the pad will raise the slope minimally.  There will be temporary disturbance within the 100 foot Riverfront Area in order to place the slotted pipe.  This pipe will direct water toward the rip rap ditch to the north.  Water will not be chlorinated as a pool would be, but rather will use water directly from the water main.  This water is treated, or potable, to make it drinkable.  This project is considered a re-development and is required to follow the Stormwater Management requirements as they pertain to a re-development project.  Water will be infiltrated into the ground along this route to minimize the amount of water added to the ditch and minimize the effects of the additional impervious surface created by the splash pad.  Peak flow rate will be mitigated by infiltration through the slotted pipe prior to any outflow into the existing drainage ditch.  Alternatives for drainage were reviewed and included locating the drainage flow further from the riverfront which would place the pipe above ground, and an ordinary drainage pipe that would not allow infiltration into the ground.  Both these alternatives were rejected.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached special conditions.  Marilyn Greene present.  Motion to open the hearing, LF, second NK, so voted.  RC asked if any test pits dug along route of potential drainage?  MR said no test pits have been dug, it is all lawn area.  RC is concerned with the increase in impervious surface and not knowing the soil types.  NK agrees we do not know the soil types.  RC would like to see logs, etc not just soil types and has a hard time voting without this information.  Ms. Greene said they tried to get as close to the pool area as possible so they could tie in to existing water lines.  Governor gave them the money to do this project and the only area that meets the requirements is Hopewell Park.  The city is doing this whole project in-house, using all city employees to get this project done. RC asked who the engineer was? Mark Slusarz did this.  RC would like Mark to do the test pits, soil evaluations with percolation tests.  LF asked Marilyn when they planned to start?  Ms. Greene said they have to complete the project by December 31, 2014, this is the date by which the money has to be spent.  Motion to continue to August 11, 2014, have percolation test and soil types information at that meeting, RC, second NK, so voted.   
Motion to revert back to the regular order of business, NK, second LF, so voted.
Certificate of Compliance
  • 76 ½ Fremont Street, Arruda, (COC), SE73-2426  Field report states that this project was for the construction of a single family home with septic system, driveway, utilities, and grading for a lot located behind 76 Fremont Street.  This property abuts a wetland located along the southern property line.  All work has been completed in significant compliance to the order of conditions issued on 3/18/10.  Roof drains go into drywells, and the lawn is stable.  There is no indication of sedimentation in the adjacent wetlands.  MR recommends that the TCC issue a COC to close out this file.  Motion to approve, NK, second RC, so voted.
  • 350 Burt Street, Freitas, (COC), SE73-2271  Field report states that this project was for the construction of a single family house with driveway and utilities.  All work has been completed with roof drains into drywells, the ditch in the front piped under the driveway, and all lawn areas stabilized.  In addition to the approved work, the applicant built a stone wall that follows the 25 foot WPZ along the rear and side of the house down to the end of the driveway.  This wall was done by hand and there is no indication of intrusion into the wetland.  This wall creates a permanent protection barrier to the wetlands, therefore MR recommends that the TCC approve the work and issue a COC to close out this file.  RC asked if MR went out to walk the site?  Yes she did.  The wall is just stone, rocks, and boulders.  No mortar was used, it’s about 2ft tall, and all done by hand, no digging done.  RC asked what about wildlife getting through?  MR is not sure if there is a break, maybe through the thru-way under the driveway?  That connects both sides so it would work as a way for the wildlife to get through to the other side.  LF agrees with the concerns about wildlife but to know make this applicant take this down seems a bit much.  No machines were used, yes he should have come before TCC but the applicant was not aware.  DB said there is a pipe that runs from one side of the driveway to the other, they turtles could use this to move.  DB the TCC could table this and all go out there and check to see if there is a passable route for the turtles.  LF asked even if we all go out there, what would we gain?  MR said it does not touch the wetlands and it before and within the 25 foot buffer.  RC said the wall is actually a physical barrier to block and in a sense protect the wetlands.  Motion to issue a COC, LF, second NK, so voted.
  • 596 Tremont Street, Sullivan, (COC), SE73-2515  Field report states that this project was for the repair of a failed septic system following a Title V inspection for the sale of the house.  All work has been completed in significant compliance to the order of conditions issued on 8/16/12.  Lawn is stable and there is no indication of disturbance within the wetland.  MR recommends that the TCC issue a COC for this project.   Motion to approve, RC, second NK, so voted.  
  • 51 Dolan Circle, White, (COC), SE73-2470  Field report states that this project was for a proposed septic repair at the above address.  The property is located at the end of Dolan Circle and abuts cranberry bogs and BVWs.  All work has been completed in significant compliance to the order of conditions issued on 6/7/10.  The lawn areas are stable and there is no indication of disturbance within the adjacent wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to approve, NK, second RC, so voted.  
Public Meeting
  • 32 North Walker Street, Downing, (RDA), DSE-1080  Field report states that this project is for the proposed replacement of a failed sewage disposal system with a new conforming system.  Wetlands were delineated by Earth Services Corp. in September, 2012, and re-delineated on 7/3/14.  The wetland is located on an adjacent property and all flags will be for reference purposes.  MR reviewed the wetland flagging and is in agreement with the placement of the flags.  A siltation barrier will be set up 75 feet from the wetland with grading for the system 79 feet away.  The soil absorption system will be 92 feet from the wetland.  The existing system will be emptied, crushed, and abandoned according to Title V regulations.  The work as depicted will not negatively impact the adjacent wetlands.  MR recommends that the TCC approve the wetland line, flags FL1 to FL9 for reference purposes only, and issue a negative determination to include the attached special conditions.  Present is the homeowners Vicki Downing and Ted Gay.  Motion to open, RC, second LF, so voted.  RC recommends that they move the haybale line.  Right now it hooks to the back of the deck, where it currently curves now, have it curve to the driveway parking area so it allows access for the construction equipment.  Applicant agreed with the change.  Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 14, 18, 19, and hay bales to be moved as stated by RC, RC, second LF, so voted.  Motion to close, RC, second LF, so voted.
Public Hearing
  • 100 Oak Street, Palmer, Taunton Mills, LLV, (ANRAD), SE73-2583  Field report states that this filing is for the approval of wetlands delineations for 98 to 100 Oak Street, and a portion of Brook Street (currently a paper street).  The wetlands and resource areas were delineated by EcoTec, Inc. on 5/2/14 and 5/5/14.  The total of the area consists of approximately four acres plus the portion of Brook Street.  All flags are pink.  This site is a historic mill site with existing mill buildings and remnants such as foundations and cement slabs in locations where previously existing mill buildings were located.  As such, certain activities are grandfathered from the requirements for a Riverfront Area (see 310 CMR 10.58(6)(k).  This property falls within the 100 foot Riverfront Area of Cobb Brook, including the existing sluiceways, and as such will be exempt from the Riverfront Area regulations.  This site is extremely disturbed and the wetland delineations rather confusing.  Cobb Brook has A, B, Y, and Z series flags associated with it.  These flags are associated with Bank, BVWs, and Land Under Water.
  • “A” Series: A13-A18,A34,A39-A51,A53-A75-,A78-A79, with flags A1-A12, A31-A33,A35-A38,A52, and A52, and A76-A77 for reference purposes only;
  • “B” Series: B5-B8,B21-B45,B51-B62,B71-B85, with flags B1-B4, and B86-B87 for reference purposes only;
  • “Y” Series- Y1-Y9,Y22-Y32; and
  • “Z” Series- Z1-Z12,Z21-Z24,Z41-Z54,Z61-Z63, with Z25-Z27 for reference purposes only.
  • Two upland areas were defined within the “A” Series wetland: UL1-UL5 and UL11-UL17.
In further discovery, the applicant found that two areas currently flagged were actually over pre-existing slabs and should be considered non-jurisdictional.  They include the “C” Series, flags C1-C12, and flags A42-A46 of the “A” Series.  MR recommends that the “A” Series be modified to connect A42 to A46, eliminate flags A43 to A45, and that the “C” Series be eliminated as jurisdictional as well.  MR recommends that the TCC approve the wetlands and resource areas as delineated, eliminating flags A43-A45, and the “C” Series as described above, and issue an ORAD for this filing.  Present Tom French High Point Engineering-Project Manager, Bob Palmer owner of Taunton Mills, LLV, Tim O’Neil and Arthur Allen from EcoTec.  Motion to open, RC, second LF, so voted.  The 2 highlighted areas on the plan are the two to be eliminated.  Tom French also asked the TCC for approval of a bobcat to get out there.  They can’t get through with machetes and shovels.  They really need to get out there and see what’s going on and what they are working with.  It will tell them how much of the slab is there, etc.  It was decided to keep the remediation order open, its ongoing and will be ongoing throughout construction.  Mr. O’Neil asked why would they close the remediation order?  MR said it is due to expire and they do not extend extensions.  DB no herbicide to be used on the poison ivy correct? Yes correct.  Mr. O’Neil asked if they were to close the remediation tonight then no work could be done until new order correct? Correct.  MR said they could just work up until the current order expires on 4/28/15.  DB agreed they should leave it open until then.  Mr. O’Neil asked if any remediation left at that point could it be rolled into the new order?  MR said we can decide that then.  MR pulled it from the file and it will remain open until it expires.  Motion to approve wetland delineation as modified in MR’s field report, grant ANRAD , allow exploration to determine the limits of the slab (previous existing building blue footprint as shown on the plans) then a modified plan, and no herbicides to be used, RC, second NK, so voted.  

Other Business
  • Devon Street.  MR sent a letter to the neighbors regarding dumping of yard waste.  
  • Boyden Letter to Commissioners.  Motion to table until the September meeting, have commission go over the letter, have it under old business, invite Marilyn Greene to the meeting, provide her with a copy of what TCC has received, RC, second NK.
Motion to adjourn, LF, second RC, so voted.  Meeting ended at 8:00pm.