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Minutes of the Taunton Conservation Commission May 7, 2012
4PM: 437 Whittenton St., Whittenton Dam, Site Visit
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Neil Kelly, Renwick Chapman, and Marla Isaac.
Nick Nelson of Inter-Fluve presented the project discussing the dam removal and showing those present what would be removed, and what areas would be vegetated. He said that the river would take its former course and that plantings would occur in the areas once under water. The staging area would be in the parking lot of the property. The historical buildings would remain. The active work would involve stabilizing the channel and 400 feet upstream stabilizing the banks.
There was discussion as to when the dam was first constructed – 1800’s. Emergency work was done in 2007 and 2010.
ST stated that he has problems with the problems that will happen once the dam is removed.
BM brought up the owner’s perspective – Dam Safety said to fix the dam or take it down and the owner is choosing to take it down.
There is no indication that property values will significantly change.
Allison Bowden, The Nature Conservancy, will be working with Reed & Barton regarding the dam and fish ladder. She has also been in contact with Beth Lambert.
The dam is considered a Hazardous Poor-Condition dam by Dam Safety. Nick Wildman of Div. of Ecological Restoration said that storm water has already moved a lot of the riprap and large boulders. This is an opportunity to address contamination in the river.
Much discussion ensued as to whether the owner had the right to take down the dam and take away the water from other homeowners.
Recess at 5pm to resume normal agenda at 6:30pm at Maxham School.
Minutes of the Taunton Conservation Commission May 7, 2012
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Neil Kelly, Ernest Enos, Renwick Chapman, Debra Botellio, and Marla Isaac.
Motion to re-open the meeting, MI, second DB, so voted. DB went out to site Sunday, May 6th. Question was, the flow of the river seems to be natural, is that the route it will be taking? Nick replied that yes, absolutely. Will they plant anything, shrubs, wetland species/native plants? Yes, a planting plan will be in place 10 feet from the bank to the edge of the former river. Dam flows currently go over the west side, they will be slightly east of the center of dam after. RC feels this discussion should be heard later in meeting under Continued Public Hearings. Motion to continue this under Continued Public Hearings, RC, second MI, so voted.
Motion to approve the minutes of our previous meeting, ST, second NK, so voted.
Continued COC
- 695 S. Precinct Street, Poillucci, (COC), SE73-2462 Field report states that there has been no change to the property since MR’s previous visit. The area to the right of the house (north side) still has noticeable erosion along the edge of the paved parking area and the lawn area, and has not been stabilized. The dumpster is still at the end of the parking area and MR is still not sure as to whether this is a permanent or temporary dumpster. If permanent, then it will need to be on a concrete pad with stockade fencing and locked at all times per Board of Health requirements. A revised plan showing this will also need to be submitted. If temporary, then no action is necessary. MR recommends that this filing e continued to August 13th so that the area
to the right of the house can be made stable by re-loaming and reseeding. Motion to continue to August 13, 2012, DB, second RC, so voted.
Certificate of Compliance
- Caswell Street, McCaffrey, (COC), SE73-2323 Field report states that this filing was for the construction and grading of cranberry bogs. All work has been completed in significant compliance to the Order of Conditions issued on March 31, 2008. MR recommends that the TCC issue a COC for this filing. Motion to issue COC for this project, DB, second MI, so voted.
Public Meetings
- Davis Street, Columbia Gas of MA, (RDA), DSE-1035 Field report states that this filing is for the replacement of a gas line within Davis Street from intersection of Tremont to near #27 Davis Street. The line is within existing paved road or edge of the pavement. There are three wetlands that exist near the project and are desingated as A, B, and C. The wetland s were delineated by Environmental Consulting & Restoration, LLC on March 12, 2012. This area is not within any Natural Heritage priority habitat and is not an ACEC. There are no vernal pools within the work area. MR reviewed the wetland line and is in agreement with the placement of the flags. MR recommends that the TCC approve the delineation as follows: Flags A1-A6, B1-B3, and C1-C9 for reference puposes
only. The project will consist of using the open trench method, that is, open trench, change out pipe, backfill, and re-grade area to pre-existing elevations-all on the same day. Once the entire line has been replaced, the Applicant will replace all pavement that had been removed and will restore any unpaved areas to their previous condition. Siltation barriers will be installed prior to the start of work. The Applicant will be starting work this spring. The work as presented should not negatively impact the adjacent wetlands as long as siltation barriers and the proposed protection methods discussed in Section 4 of the filing are followed. MR recommends that the TCC approve this project and issue a Negative Determination to include the attached special conditions. Motion to open the hearing, DB, second RC, so voted. Motion to approve the flags, DB, second RC, so voted. Motion to approve, issue a negative determination with
special conditions 1, 2, 3, 4, 5, 6, 14, 18, and 19, RC, second NK, so voted. Motion to close the hearing, DB, second MI, so voted.
- Rte. I-495, Mass DOT, McGuire, (RDA), DSE-1036 Field report states that this project is for the proposed application of herbicides approved for use in sensitive areas within state highway rights of way at low pressure (60 psi) at spot locations. These locations include beneath median, roadside and ramp guardrails; within crevices between pavement and curbing or edging; on poison ivy; and within joints between and under jersey barriers within the project area. MassDOT will use approved herbicides for sensitive areas which have been approved by DEP and DAR, under 333CMR 11.00 “Rights of Way Management”. Much of MassDOT’s vegetation management will be done using mechanical methods such as moving, hand cutting, and selective trimming. At mile 23, 24,
and 25, MassDOT will use chemicals or herbicides for vegetative management. Two methods of herbicide application will be used- Cut Stump Surface Treatment, and Foliar Treatment. The Cut Stump method is used in difficult to access sites and sensitive areas where other methods are not possible and where there is light stem density. The majority of the application will be done using the foliar treatment method as it is the most effective and economical method especially when mechanical methods must be used rather than men for safety reasons. It is also the most effective on poison ivy which can be a hazard to pedestrians and maintenance crews. MassDOT will use post-emergent, low volume, low pressure herbicide applications only, which will include Oust Extra and Accord Concentrate, and will be performed by a licensed D.A.R.-approved contractor. All spray areas will be treated as limited spray zones, meaning that the herbicide may only be applied at
low pressure once within a 12 month period. A “No Spray Zone” of 100 feet on either side will be designated where I-495 crosses the Snake River (Mile 24), and at Exit 9 north-bound (Mile 25). This area is also an alternate year spraying as it is within a Zone II well district. Herbicides will not be applied closer than ten feet to any wetland area. The DOT will use colored reflectors to designate the no-spray, limited spray, and alternate year spray zones. The work as proposed is for safety purposes and meets all state and federal spraying requirements. MR recommends that the TCC approve this project and issue a Negative Determination to include the attached special conditions. Motion to open the hearing, ST, second DB, so voted. Present Tom Maguire MassDOT and Mike Clements Environmental Engineer MassDOT. Motion to issue negative determination with conditions 1, 2, and 19, ST, second NK, so voted. Motion to
close the hearing, DB, second MI, so voted.
Amendment
- Blue Grass Circle, G. Lopes Construction, (Amend), SE73-2429 Field report states that this project was approved and issued an order of conditions on April 28, 2010 for the construction of a 21 lot residential cluster subdivision with roadways, utilities, upgrading of an existing cart path, grading and three detention basins. The Applicant is requesting an Amendment to the order of conditions in order to plow, harrow, and plant hay on Lots 9 and 10. The work had originally begun but a violation was issued and work was stopped until the applicant received the amended order. The Applicant has filed a revised plan that depicts the two lots that are to be plowed and sown with hay. The wetland area that was harrowed is to be restored by flattening out the harrows, which are extremely deep,
by machine rather than by hand, and then reseeding the are with a wetland seed mix. A silt fence will be placed along the 25 foot WPZ and marked as the limit of work. The silt fence will run along the eastern property line of Lot 10 and along the southern and western property lines of Lot 9. The limit of work will otherwise follow property lines of Lots 9 and 10. Overall, the haying operation will be within 25 feet of the wetlands to the northwest of Lot 9 and east of Lot 10. This will also fall within the 200 foot Riverfront Area and disturb approximately 4,783 square feet within the outer riparian zone. This property was previously farmland and these lots do not have any trees on them. The proposed changes to the order, that is, to convert the lots to hay fields, should not negatively impact the wetlands as long as the 25 foot WPZ is respected, and a siltation barrier is created between the work and the wetland along the 25 foot
WPZ. MR recommends that the TCC approve the reques for an Amendment and issue an Ammended Order of Conditions to include the previously approved General Conditions and Special Conditions and to include the attached, additional special conditions. Bill Madden present for applicant. Motion to open the hearing, RC, second DB, so voted. Motion to amend the order of conditions to allow work as shown on revised plan, pending agreement by contractor and property owner, with special conditions 1, 2, 3, 4, 5, 6, 9, 11, 13, 15, 16, 17, 19, 20, 21, 25, 26, 27, 28-no farming in 25 ft WPZ, and 29-disturbed wetland is to be restored as close to original condition with a New England wetlands seed mix, RC, second DB, so voted.
Continued Public Hearing
- 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 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 approve for the Certificate. The replication area has been completed and has had one year of growth. MR will be meeting with Gary Makuch of DEP, on May 10, 2012 to inspect the replication. MR requests that this filing be continued to the June 4, 2012 Agenda so that we have time to receive the SCOC for DEP filing 1805. Motion to
continue to June 4, 2012, DB, second MI, so voted.
- 437 Whittenton Street, Jefferson Dev. Partners, LLC, (NOI), SE73-2498 Nick Nelson was present representing the applicant. Chris Ross from DEP was present to answer questions. RC asked some questions about where the thread of the river will be after dam removal. Nick showed a clear plan on where the thread will be. RC asked about what it will look like. Nick said it will have some areas of deeper pools, some shallower riffles, and channel width and depth will vary. RC asked if after dam removal, will there be stretches of new river that will be bone dry? No, there will always be water downstream flowing through the channel. At no time will the river be bone dry. RC also said there was a concern at the meeting about stagnant water and
mosquitoes. Nick said it was hard to say if we will see more or less, but there will be no stagnant water, no mudholes, it will re-vegitate. Chris Ross from DEP spoke to the TCC regarding Morey’s Bridge. He explained what is currently going on there and what progress they have made so far. He also explained what the outcome will be. Some abutters spokeboth in favor or opposed to this project. Abutters In Favor: Dick Schafer President of TRWA is in favor of the continued restoration of this river area, Priscilla Chapman sent a letter that was read into the record and is in favor of this project, Alex Hackman Division of Eco Restoration and Management in favor of project, Allison Boudoin from The Nature Conservancy in favor, Rachel Coloub from Save the Bay in favor. Abutters Opposed: Dave Darosa 85 Theresa St. he feels the professionals did the research but did not consult the abutters. He has lost so much of his pond and now he
will only lose more. It isn’t fair to take this away from the citizens of Taunton. He asked for more time to get an attorney and see what his rights are. BM did advise him that regardless of the TCC decision, he has every right to consult an attorney. BM did stress that the TCC cannot legally tell the applicant no when he is doing everything properly. All TCC can do is go out there, check the site, make sure everything is done properly, and vote. MR explained to Mr. Darosa that there is an appeal process and she can give him that information. DB reiterated what BM told Mr. Darosa. Pete Fortin from Whittenton Street spoke against this project. He said there is so many different kinds of wildlife out there, geese, swans, ducks, etc. He is afraid they will all be gone, it’s a shame to see this area change. Mr. Fortin said this will definitely impact his family and property. Bill O’Leary Theresa
Street, what will the pitch be when dam removed? Riffle that might be ½% grade, rest of impoundment will vary, pretty low gradient between there and Morey’s. Motion to approve removal of dam as proposed RC, no second, motion does not carry. Motion to vote against removal of the dame, ST, second NK, BM asked TCC show of hands in favor ST, and NK, opposed RC, DB, EE, and MI. Motion does not carry. Under discussion ST the people out there were great at the meeting today, he is voting no because he is putting himself in the shoes of the abutters and wouldn’t want to lose something like what they have out there. RC is for removal, Nick is here under contract from The Nature Conservancy not Jefferson Partners. This will improve the quality of life out there, more variety, stronger, healthier environment. If nothing is done the conditions out there won’t get better and things will just continue to deteriorate. RC also said what if it is left as is, and finally collapses and
causes major destruction, that is something none of us want. BM said this is a very difficult decision but as a parent and grandparent, if the dam breaks it will take lives and property and he doesn’t want that on his conscience. Motion to take under advisement and vote at the next scheduled meeting, DB, no second motion does not carry. MR said this was already continued once, all info is here. ST frustrated that Jefferson Partners has never been at a meeting. BM no facts have been given from abutters, but all facts have been presented from the representatives. Motion to approve the project and issue an order of conditions with special conditions 1, 2, 3, 4, 5, 21, 24, 25, 26, 27, 28, 29, 30, and 31-Jeffersone Partners have mosquito control out there annually to spray, RC, second MI, call of hands Opposed 1-ST, In Favor 5, motion carries 5-1.
Public Hearings
- 110 Country Way, Abraham, (NOI), SE73- 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 area located south of the house. The wetland was delineated by Walter Hewitson on April 7, 2012 and the Top of Bank was delineated by Earth Services on April 10, 2012. MR conducted a site visit on April 25, 2012 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 wahsout 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. Fred Abraham present, owner. Motion to continue to the next scheduled meeting, ST, second DB, so voted.
DB stepped out of meeting: She gave a letter that states the following:
To Whom It May Concern:
In conjunction with the Mass General Laws pertaining to the conflict of interest law, I am recusing myself from the hearing on Barstow Dam, Middleboro Avenue. The law firm for which I work, represents the group that has an option to buy the property on which the dam is on.
Debra Botellio
- Middleboro Avenue, Taunton Development Corp., (NOI), SE73-2500 Field report states this project is for the removal of Barstowe’s Pond Dam and restoration of the Cotley River in the vicinity of the dam. According to Office of Dam Safety, this dam is classified as a Significant Hazard Poor-Condition dam which is owned by the Taunton Development. Barstowe’s Pond Dam is made up of a 57 foot long earthen embankment, a 30 foot long timber crib spillway, and a 5-foot long sluiceway and is 7.3 feet in height. This dam was historically used as a mill dam but over time has fallen into disrepair. From the dam, the Cotley River flows under Middleboro Avenue through a concrete culvert that is in good shape. In the spring of 2010, a number of boards were removed from
the sluiceway to lower the water level and thus reduce the pressure on the dam. Since then a river channel has formed within the impoundment area. Photos in the file show that in the summer the newly exposed areas are vegetated with a number of native wetland species. The Applicant did an Alternatives Analysis where four alternatives were explored. One alternative was to do nothing. This alternative is not feasible because of the designation of by Dam Safety and the requirement that the dam either be repaired or removed. A second alternative was to repair the dam. This alternative would require the dismantling and rebuilding of the structure which would be a substantial cost to the owner. This alternative would continue to limit fish passage, reduce the water quality of the river, and would be a liability for the dam owner. The third alternative was to remove the dam with active removal of impounded sediment. This
alternative would include all of the design elements of the preferred alternative but would continue channel and bank construction up to the railroad bridge. The sediment would be actively removed and either spread throughout the floodplain or reused in the upland portions of the owner’s property. This was not chosen as sediment is a natural part of river function. This sediment is relatively uncontaminated and the Taunton River, which is receiving waters for the Cotley River, can transport the sands and silts that are transported by the Cotley River. In addition, to use of heavy vehicles would alter the current floodplain. The preferred alternative is what is proposed by the applicant. This alternative calls for dam removal with downstream release of impounded sediment. This involves the least amount of disturbance to the floodplain and will improve fish passage, water quality, and in-stream habitat. This project will involve
removing the wooden spillway, sluiceway, and earthen berm so that the existing floodplain on the downstream side matches the elevation of the constructed floodplain on the upstream side of the dam. The work will involve building a channel and channel banks from about 150 feet upstream of the dam site of the dam. The gravel and cobbles (about 800 cubic yards of the impounded sediment) accumulated on the upstream face of the dame will be re-used to construct the channel bed as well as the rock toe at the base of the channel which will help stabilize the banks and decrease the amount of material removed from the site. There are about 5,200 cubic yards of impounded sediment within the proposed channel alignment upstream of the dam that will need to be managed during the removal of the dam. As stated above, 800 cubic yards will be used on the channel and channel banks. The soil samples indicated low levels of contamination as follows: 1. No samples exceeded
MA. Contingency Plan soil standards under category 1-unrestricted use, Probable Effects Concentrations or Toxicity Characteristic Leaching Procedure thresholds; 2. Concentrations of PCBs, PAHs, lead, chromium, copper, and mercury in the impoundments were lower than those near the mouth of the Taunton River. The engineers reviewed the sediment results and the passive downstream release of these sediments as a possible sediment management alternative. Of the 4400 cubic yards (approximately 8740 tons) of impounded sediment expected to be mobilized, this would amount to 2.2% of the annual suspended sediment load of the Taunton River. The finer material would be mobilized as suspended sediment while the coarser material would be mobilized as bed load. It is believed that passive rather than active movement of the impounded sediments would be the best option because they are relatively clean; the volume mobilized annually would be a very small percentage of the
total suspended solid load of the Taunton river; heavy equipment would have negative impacts on the exposed wetlands that they would need to cross, disturbing more land and wetland; and with the drawdown of the impoundment, the exposed sediments would be relatively dry and may not cause additional erosion and transport. This project will result in a permanent change to the project site. The impoundment will be changed to a free flowing river with associated floodplains. Land under water will be converted to BVW and floodplain. This project will not impact ACEC or Outstanding Resource Waters, and it does not occur within a Priority or Estimated Habitat for Rare Species. This project will improve water quality, fish passage, and in stream habitat. 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, MI, second NK so voted. Nick Nelson is
present representing the applicant. In favor Dick Schafer Taunton Development Corp and TRWA president. Rachel Colabro from Save the Bay, and Priscilla Chapman from TRWA. Opposed: abutters Donna and Tony Divery, destruction of her property is a concern, trees have come down. Kathy ? an abutter with at least 28 trees down, nobody has approached her regarding this project. ST and NK feel that a site meeting should be held. Motion to continue this to June 4, 2012, go out to 54 Middleboro Avenue at 5pm on June 4, 2012 and have a meeting there and walk the site, speak with abutters, land owners, and Nick Nelson regarding this project and it’s impacts, ST, second MI, so voted.
DB returned to meeting
- 70-74 Weir Street, 70-74 Weir Street LLC, (NOI), SE73-2502 Field report states that this filing is for the repair to an existing wood and concrete deck spanning the Mill River. The existing resource areas are Inland Bank which consists of granit block retainining walls along both sides of the river, Riverfront which is designated as within a Densely Developed Area, and Land Subject to Flooding. The work will be performed on the concrete slab and decking will not be in any of the resource areas. The work is to ensure that cars can safely park upon the deck and that debris from the currently deteriorated sections will no longer fall into the Mill River. The parking deck is mad up of 24” x 24” concrete columns spanned by wooden girders upon which the concrete planking sits. The applicant proposes to repair this deck by removing the deteriorated sections and replacing with new wood planking and concrete slabs to match the existing structure. If any of the wooden girders are found
to be unsound, they too, will be replaced. A debris net, Roc-Bloc will be used during the construction phase to ensure that debris does not enter the river. This project will improve the condition of the parking deck located on this property and will prevent future debris from falling into the river. MR recommends that the TCC approve this filing and issue an order of conditions to include the attached special conditions. Dan Aguiar present, owner. Motion to open the hearing, MI, second ST, so voted. Motion to approve with conditions 1, 2, 3, 4, 21, 25, 26, 27, DB, second ST, so voted. Motion to close the hearing, DB, second MI so voted.
- 10 Fox Hill Drive, O’Brien, (NOI), SE73-2501 Field report states that this filing is for the construction of an attached garage and widening of the existing driveway from 10 feet to 24 feet in width. There is a BVW to the south of the house which was delineated by Yarworth Engineering Co., Inc. on April 19, 2012. MR reviewed the wetland line on April 30, 2012. MR is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows: Flags Y2 through Y5 with Flag Y1 for reference purposes only. A silt fence will be set up as the limit of work and will be, at its closest, 49 feet from the wetland. The garage will be 52 feet from the BVW at the point closest to the house while the extended driveway will be 58 feet
from the BVW. Roof drains should go into drywells. The work as proposed should not negatively impact the adjacent BVW, therefore MR recommends that the TCC issue an order of conditions to include the attached special conditions. Motion to open the hearing, DB, second MI, so voted. Present Bob Rogers for the applicant. Motion to approve the wetland line, NK, second DB, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 23, 25, 26, 27, DB, second NK, so voted. Motion to close the hearing, DB, second MI, so voted.
- 580 Winthrop Street , Brown, (NOI), SE73-2503 Present Bob Rogers, Aaron Brown, and Mark Jones. This is currently under peer review which si why there is no field report. Motion to continue to June 4, 2012, ST, second DB, so voted.
Other Business
- Discussion of Field Street. Open Space vs Conservation Land. Motion to continue to June 4, 2012, DB, second MI, so voted.
Motion to adjourn, ST, second NK, so voted. Meeting ended at 9:45pm.
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