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Minutes of the Taunton Conservation Commission October 6, 2014
Present: Steven Turner Chair, Debra Botellio Vice Chair, and Commissioners Ernest Enos, Renwick Chapman, Marla Isaac, Neil Kelly, and Luis Freitas
Motion to accept the minutes of September Meeting, NK, second DB, so voted.
Motion to go out of order to hear 405 Winthrop Street, DB, second MI, so voted. Applicant wants to know what they should do and how they should file before they proceed with this. There is no impact to the riparian zone, no impervious area. They are adding landscaping so they will not be reducing impervious area. Recommend filing an NOI.
Motion to revert back to the regular order of business, MI, second LF, so voted.
Continued Certificate of Compliance
1. 10 Ingell Street, Debrosse/2007 Revocable Trust, (COC), SE73-2539 RC spoke with city engineer. Motion to approve, RC, second DB, so voted.
Certificate of Compliance
1. 585 Tremont Street, Hopgood/Clarewood Homes, (COC), SE73-2549 Field Report states that this project was for the construction of a single family home with driveway, utilities, and associated grading within the 100 foot buffer zone of a BVW. All work has been completed in significant compliance to the order of conditions issued on 7/17/13. All lawn areas are stable and roof drains are connected to drywells. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted.
2. 47 General Cobb Street, Hayes, (COC), SE73-2135 Field report states that this project was for the repair and upgrade of a septic system. All work has been completed in significant compliance to the order of conditions issued on 1-10-06. The lawn area is stable and there is no indication of siltation into the adjacent BVW. MR recommends that the TCC issue a COC for this project. Motion to approve, RC, second NK, so voted.
3. 101 Briarwood Drive, Davis, (COC), SE73-2581 Field report states that this project was for a septic system repair with associated grading. All work has been completed in significant compliance to the order of conditions issued on 6-11-14. All areas are stable and there is no indication of siltation in the adjacent wetland. MR recommends that the TCC issue a COC for this project. Motion to approve, RC, second DB, so voted.
4. 91 Riverfield Road, Quinn, (COC), SE73-2046 Field report states that this project was for the construction of a single family home with deck, steps, relocation of the existing driveway, installation of a septic system, construction of retaining walls, and associated grading. No work was started on this project and the applicant does not plan to start work in the near future and has requested a COC to close the file. MR recommends that the TCC approve the request and issue a COC under the section “Invalid Order of Conditions”. Motion to approve, RC, second MI, so voted.
Public Meeting
1. 183 Segreganset Road, Sullivan, (RDA), DSE-1090 Field report states that this project is for the conversion of an 10’ x 12’ pressure treated, second floor deck space into a 16’ x 18’ three season livable enclosed space with a 6’ x 16’ attached porch. The home is located within a subdivision and has a much defined BVW along the rear of the property at the toe of slope. The existing deck is at the north end of the rear of the house and is currently 26 feet from the wetland. This new construction will bring the rear of the deck to within 20 feet of the wetland border. The work on the supports will be done by hand. All buffer zone disturbances will be temporary and the lawn will be reseeded once the deck is built. MR recommends that a siltation barrier
be placed along contour 102 to protect the wetland from any runoff from the work area. The project as presented will not negatively impact the adjacent BVW. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Motion to open, DB, second MI, so voted. Paul and Lisa Sullivan present. Hay bales should be placed along treeline. Wheel barrels will be used to remove fill. Motion to issue a negative determination to include special conditions 1, 2, 3, 4, 14, 18, 19, hay bales/straw wattles along the tree line at the edge of the lawn across back of house, RC, second DB, so voted.
(MI out)
2. Wilson Street (64-247), DSE-1091 Field report states that this project is for the construction of a single family home with associated utilities, driveway, and grading. This property is entirely within Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife as mapped by the Natural Heritage Endangered Species Program (NHEST). It is also within 100 feet of BVW located across the road to the northeast. We received a letter from NHESP stating that the construction will not result in a “take”. the lot was divided and the Form A was approved on 8-28-14 and recorded on 9-3-14. The wetland was not flagged as it was not adjacent to the applicant’s property but was approximately located and a 100 fot buffer depicted on the plan and will be approximately
63 feet from BVW. The northern portion of the proposed home falls within the buffer zone and the end of the house is 36 feet from the northern property line. An erosion control barrier is depicted on the plan and is to be the limit of work. The plan does not show the elevation of the basement floor and that is a concern as far as depth of ground water. In conversation with the applicant’s engineer, the foundation will be 3 feet =/- above the ground level. The footing may be in seasonal high groundwater but the basement should be alright. The project as presented should not negatively impact the adjacent BVW. MR recommends that if the TCC approves this project and issues a negative determination, that the attached special conditions be included. Motion to open, DB, second RC, so voted. Nick Dufesne and Chris Coute present. RC asked if Wilson Street is built? Yes there are houses there. RC asked if contours are
from actual survey? Yes. Are you going to build both houses at the same time? Yes if all approved. There is an existing house there now on Highland Street. RC wants silt sacs in catch basins right on Highland Street in front of the houses. Test pits? They will be doing test pits-B soils, ground water of 3ft and deeper. Are they putting a full foundation? Yes. Foundation at 92.5, ground water at 95. RC concerned as to whether grading will work. MR asked if they find ground water, where will they dewater? Outside of the 100 foot buffer. ST said when they do the test puts send information to TCC office. RC needs to be certain that the foundation is out of the ground water. Needs to know where it is to issue. Nick said Taunton does not have regulations that foundations need to be out of ground water so they are doing anything wrong here. RC what will they do if there is ground
water there? Nick and Chris said they will come back with a revised plan. Nick said if they do encounter , he doesn’t see the foundation changing. RC feels its foolhardy to have to put in sump pumps etc at first. The current house has no water issues. ST would feel comfortable if they came back with the test pit information. All board agrees they would feel more comfortable with the test pit infor. Motion to issue a positive determination, RC, second DB, so voted.
Abutters:
Marla Isaac representing Edna Isaac of 25 Floyd Ave. She said there is absolutely water in the house they plan to tear down. All the houses there have sump pumps. Both fields fill up, where will the water go? When people pump water out now it floods her property. Where is the water going to go when it is pumped out of the basement of the two new houses? Chris said they will be responsible homeowners and deal with the water there. They will deal with it as best they can. ZBA and Planning already approved this.
(MI in)
(RC out)
Public Hearing
1. Lake Sabbatia, City of Taunton & MA DCR Dam Safety, (NOI), SE- Field report states that this filing is for the approval of an annual drawdown of Lake Sabbatia for invasive aquatic weed control and protection of shoreline and structures from ice damage. The drawdown will allow for control of nuisance and invasive aquatic weed control in the lake as well as protect the shoreline and structures from ice damage. The drawdown will also provide residents the opportunity to clean up the shoreline near their homes, maintain their shoreline and make repairs to their dock. This will also provide additional flood attenuation during the early spring rains, and provide DCR the opportunity to inspect Morey’s Dam and provide maintenance as needed. The annual drawdown is proposed to
begin in Mid-October, but will probably not take place until after our November meeting because we do not yet have the DEP number of the letter from NHESP. Refilling will take place at the beginning of April every year. The expected drawdown is three feet which would expose approximately 6 feet of shoreline and affect about 4.5 acres of Bank Resource. This drawdown will benefit the health of the lake as well as help homeowners clean up their beachfronts and make needed repairs. This will also help with the implementation of the Lake Management Plan once it is approved by DEP. The bank impact will be temporary and there will be no work conducted within Lake Sabbatia. The drawdown routine will help to minimize the effects of aquatic invasive which impact the overall health of the lake and decrease the dissolved oxygen in the lake water which creates a poor habitat for fish and amphibians. Initiating the drawdown in mid-October protects bottom
dwelling amphibians and reptiles and completes the process prior to the lake freezing. The drawdown will be slow at approximately 2 inches of water elevation per day. The lake level will be checked daily to ensure control. In the spring, the lake will gradually be refilled at a rate of not greater than 2 inches per day. There may be additional manipulation of the outlet structures during spring rain events to maintain the target refill rate. The april start date will aid in protecting the shoreline and residents from rapid changes during ice conditions and allow for a filled lake by Memorial Day. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. The filing may need to continue until we receive a DEP number and letter from NHESP. The special conditions must include any recommendations by NHESP. Motion to open, MI, second LF, so voted.
Abutters
1. 26 Shore Drive Robert Decosta. When will they be doing this?
2. Lincoln 112 Scadding Street. Isn’t the vegetation going to grow faster if they lower the water. They need to check with a botanist. MR said the knotweed along the edge, which looks like bamboo, they needs to be removed by hand. Millfoil in the lake gets killed by winter weather, so drawing it down will kill some of the growth. Of course when the water comes back it will grow again. Once a lake management group gets put together they will be able to get groups out in the spring to remove stuff out of the lake. You can clear from your property to where the water starts but don’t go into the water. Once a plan is in place, the stuff out further will be worked on over time, not right away, but over time. Lincoln asked if they could start a month later and
end a month earlier?
3. Pat Medeiros 32 Pinewood Terrace. 8 out of 12 months is too much. They can’t enjoy the property.
4. Barbara Oliveira Lakeview Ave. Thankful they are making positive steps. Where are we as far as DEP#? Waiting to get it back.
5. David Dasilva 49 Field Street. MR said there is lag time during draw down and it will fill back up slowly. The plan does have the ability to be tweaked.
6. Leo Beauvois 100 Lake Ridge Drive. We have to start somewhere. May have to give a little and take a little but if all work together it will make the lake more enjoyable.
7. Renwick Chapman 125 W. Lake Drive. If draw down then sun gets to vegetation and it grows faster right? And first he’s heard about improving water quality and vegetation control.
ST said maybe once everything is in place and DEP # is in, they could all meet to discuss. MR said the Lake Management is separate from the draw down but another step, a work in progress. The draw down is one item, lake management will be involved with all kinds of things-boat speeds, vegetation, docks, etc. Motion to continue to 11-18-14,
DB, second NK, so voted.
(RC in)
2. (Lot 7) Bluegrass Circle, T.L.C. Development, (NOI), SE73-2589 Field report states that this project is for the construction of a single family home with deck, driveway, and associated grading. The rear of the house, deck, and roof drain infiltration system fall within the 100 foot buffer zone of a BVW and 200 foot Riverfront Area which were delineated prior to the road built out. The ORAD was issued on 1-13-10. The septic system and majority of the house construction is outside conservation jurisdiction. There will be no disturbance within the 25 foot WPZ and the siltation barrier will be located at least 54 feet from the wetland (flag WF259). The closest disturbance will be the roof drain infiltration system which will be 66b feet from the BVW and grading which
will be 80 feet from the wetland. A portion of the deck and the roof infiltration system will fall within 190 feet of the riverfront area. The work as proposed should not negatively impact the wetland or the riverfront area. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to open, DB, second MI, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 17, 19, 21, 23, 24, 25, 26, and 27, DB, second MI, so voted.
3. 21 Lisa Drive, Roland, (NOI), SE73-2590 Field report states that the purpose of this filing is to seek approval to remove an existing retaining wall and replace it with a 1:1 riprap slope. This property is in the Willow Terrace mobile home park off Waverly Street and is on the banks of Prospect Hill Pond. A narrow wetland along the bank of the retaining wall was delineated by Thompson Farland, Inc. using flags numbered 1-4. The mobile home park has been in existence since 1991 and the wooden beams have deteriorated to a point where the banks have eroded so much that the mobile home could become unstable if the erosion is allowed to continue. All work will be done within feet of the lake and the narrow wetland. The remaining retaining wall beams, brush and unstable
material (muck and subsoil) will be removed and replaced with a filter fabric upon which a base of 6” aggregate will be placed, and large sized (6-12”) riprap on top of that. The large trees will remain as they help stabilize the slope. The lake and wetland will be protected from siltation by straw wattles placed along the base of the work area. Once work is complete, all disturbed lawn areas will be stabilized. The work as presented is needed to save the remaining bank and prevent further erosion into the pond. MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. MR also recommends approval of the wetland line, flags 1-4. Nick Dufresne present. Motion to approve with conditions 1, 3, 4, 5, 19, 21, 25, 26and 27, DB, second RC, so voted.
4. Glebe Street, Garanito/Hawthorne Development Inc., (NOI), SE73-2591 Field report states that this project is for the construction of a single family home with septic system, water line, and associated grading within the buffer zone of a BVW. The wetland was delineated by Walter Hewitson on 9-10-14. MR walked the wetlands and is in agreement with the placement of flags. The existing driveway and post & rail fence lead to a home on an adjacent lot located north and east of this site and all work on the new home will be off to the north and west of the driveway, out of the 25 foot WPZ. A siltation barrier is depicted along the edge of the driveway and will be the limit of work. A concrete washout area and dewatering area are located north of the construction outside
the 100 foot buffer zone. Grading along the driveway will be the closest disturbance to the wetland at 42 feet. The septic system soil absorption system will be 62 feet from the wetland. The house will be 86 feet from the BVW. The work as proposed will not negatively impact the adjacent BVW, therefore MR recommends that the TCC approve the wetland line, flags FL3-FL17 with flags 1-2, and 18-23 for reference purposes only, and issue an order of conditions to include the attached special conditions. Motion to open, DB, second MI, so voted. Representative John Garanito. NK why is the driveway there? It’s a common driveway. RC existing driveway paved? Yes and new driveway paved. Motion to approve with conditions 1, 2, 3, 4, 5, 8, 15, 16, 17, 18, 19, 21, 24, 25, 26, and 27, DB, second RC, so voted.
Motion to go out of order to hear other business, DB, second NK, so voted.
Other Business
1. Lt. Jason Hayes and Scott Dexter. Requesting to work on putting in a dock/ramp at the end of Harris Street for public safety use only. It would be locked to public. DB asked if there is existing pavement still there? Yes. MR should file, thinking RDA, could MR, Cathal O’Brien, Hayes, and Dexter meet out there to look at the site. Yes, MR will set something up. Motion to approve on condition of public safety issue and begin work on filing, work with MR, DB, second LF, so voted.
Violations
1. 30 Briggs Street. Give them one more chance to show up. Continue to November 18, 2014.
Other Business
1. Everett Street. Motion to approve, DB, second MI, so voted.
2. Dates for next year.
3. Bent Award, think of someone for November meeting.
Motion to adjourn, DB, second NK, so voted. Meeting ended at 8:45p.m.
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