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Minutes of the Taunton Conservation Commission December 9, 2013
Present: Chair Debra Botellio, Vice Chair Steven Turner, Commissioners Renwick Chapman, Ernest Enos, Luis Freitas, Marla Isaac, and Neil Kelly.
Motion to approve the minutes of the November meeting, ST, second RC, so voted.
(RC out)
Certificate of Compliance
1. Pioneer Way, Taunton Development/Mass Development Corporation, (COC), SE73-2524 Field report states that this project was for the construction of approximately 1,182 linear feet of new access roadway, utilities, and storm water management structures to service an approximately 165 acre, 5-lot industrial subdivision. MR inspected the site with Kenny Motta, Field Engineering, and Matt Waldrip, BSC Group, on December 5, 2013. The storm water detention basin and associated structures are all in and stable. The replication area is constructed but will need another growing season before a full COC can be issued. In the same area there were some breaches of the siltation barrier and sediment covers approximately 50 square feet of wetland. This area needs to be cleaned by
hand and the barriers reinforced before any Certificate can be issued. Mr. Motta took photos and will ensure that the area is stable and the sediment is removed. MR recommends that the TCC continue this filing to the January 13, 2014 hearing date. Motion to continue to January 13, 2014, MI, second NK, so voted.
Public Hearing
1. 441 Winthrop Street, Hardy, Partner/Blue Wave Capital, LLC, (ANRAD), SE73-2563 Motion to open, NK, second ST, so voted. Rich Riccio present. Summary given by the wetland scientists. Rich said the applicant is aware of the issues and is willing to work with TCC to rectify the issues out there. ST asked if current violation on the property should be removed? MR said to wait and see what the wetland scientists and Rich find out. Both sides agreed they would be ready for January 13, 2014. Motion to continue to January 13, 2014, ST, second NK, so voted.
(RC back in)
2. 137 Hart Street, Micale, P.E.,/Ayoub Engineering, Inc., (ANRAD), SE73-2564 Bruce Thomas present, owner, along with engineer and wetland scientist. Field report states that this filing is for the approval of a wetland delineation at the above address. The applicant has identified two ISLFs, one area of which has been designated as a potential vernal pool by Natural Heritage Endangered Species Program. Flags A1 to A41 encircle what appears to be a man-made ditch. The banks are high and there is no indication that it connects to any other area. Water from a driveway adjacent to the site flows to this area and when MR was at the site today (December 9th), there was a small amount of water within the confines of the ILSF. It is not jurisdictional under
the Massachusetts Wetlands Protection Act and does not seem to be jurisdictional under Taunton’s local ordinance. The second area is delineated using flag series B1 to B35. This isolated area is larger and may contain a vernal pool, although neither the applicant’s wetland scientist nor MR saw any indications of such at this time of year. This determination should remain open so that it can be checked in the spring. There were small pockets of standing water but nothing definite to meet the definition of an ILSF under either state or local law. It should be assumed that this second area is an ILSF under By-Law until such time the Application can either prove or disprove this determination under a future NOI. The first ILSF should also be reviewed and its status determined under a future NOI. In either case, MR recommends that the TCC approve the delineation as follows: flags A3 to A21 with flags A1, A2, A22 to A41, and B1
to B35 for reference purposes only. A 25 foot WPZ will be in effect for both wetland areas until final determination under a future NOI. MR recommends that the TCC issue an ORAD for this site with the above stipulations. Motion to open, ST, second RC, so voted. MR not sure whether vernal pool or not. She would like to wait until spring so 25 foot WPZ may or may not exist. ST asked if waiting until February will hold them up? Bruce Thomas said that yes it will hold them up as far as building permits. Once they decide what they are doing they will be filing the NOI correct? Yes. RC asked if vernal pool will be confirmed? MR said yes part of the stipulations. Motion to approve and determination should be left open so MR can check it in the spring, LF, second ST, so voted. Motion to close, RC, second NK, so voted.
3. Westcoat Drive (110-124), Terra/Taunton Airport Commission, (NOI), SE73-2565 Field report states that this project is for the construction of two hangar buildings, related apron and taxiway, vehicular access drive, storm water management BMPs, and a wetland replication area construction. The proposed area is in the eastern section of the airport at the end of the existing taxiway and along the northern edge of the current taxiway. The majority of the project site is uplands and is outside the 100 foot buffer zone. This area is not in a flood plain nor is it within Natural Heritage Endangered Species estimated habitat of rare wildlife or priority habitat of rare species. The wetland boundaries were previously approved and the applicant was issued an ORAD on August 17, 2012
under DEP file number SE73-2516. It was established in the ANRAD process that a potential vernal pool existed within the boundaries of the A series wetland. This pool is located west of flag A44 and no work is proposed within the 100 foot buffer to that pool. The T hangar (all but the southwest corner), small vehicular parking area, and storm water detention basin are outside of the buffer zone. The water quality swale and outlet will fall within the buffer zone. The box hangar, majority of the apron serving the hangars, the new taxiway (Taxiway B), and a portion of the new vehicular access road to South Precinct Street all fall within the 100 foot buffer zone of the BVW. Taxiway B requires approximately 2,470 square feet of BVW to be filled. This section of the wetland is the narrowest and will create the least amount of disturbance. The taxiway also avoids the vernal pool habitat. Two 15” RCP will connect the wetlands
and a 4,940 square foot replication area (2:1 ratio) will be created adjacent to the wetland area along the southern perimeter of the property between flags A61 to A66. A portion of the new apron and Taxiway B fall within the 25 foot WPZ. The Commission may grandfather this work if the lot was in existence prior to the enactment of the By-Law (2003) and if the applicant can demonstrate that this area represents a hardship and that the applicant did not intentionally create said hardship. The area of the apron is a very small portion and the width that is proposed is per FAA regulations. In addition, the taxiway and apron cannot feasibly be located outside the WPZ due to federal regulations. The applicant has developed a plan that limit’s the work within the WPZ, including the area that will be filled and replicated. This hardship was not created by the applicant. The new access road from South Precinct Street will be 910 feet in
length and 20 feet wide. Approximately 215 feet will be within the 100 foot buffer zone and the grading for the roadway will come no closer than 56 feet to the wetland (between flags A70 and A72). The detention basin and snow storage areas are outside jurisdiction, although the water quality swale does fall within the 100 foot buffer zone up to the 25 foot WPZ where a rip rap energy dissipator will be constructed (near flag A58). The work as presented should not negatively impact the adjacent wetland areas outside of the proposed Taxiway B. the mitigation for this BVW filling will be a 2:1 replication adjacent to an existing BVW approximately 170 feet to the southeast of the proposed taxiway. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to open, RC, second NK, so voted. RC would like the presentation done. Present airport engineers Amanda Atwell,
Mark Ottariono and Jake Hoban, airport manager, and airport commissioners. RC asked what area the detention basin was sized for? For the 10 year storm. ST new road open to anyone? No, restrictive access. ST when will they start? This spring, submitting a grant. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 14, 15, 19, 20, 21, 24, 25, 26, and 27, ST, second RC, so voted. Motion to close, MI, second RC, so voted.
Other Business
1. 2014 Meeting Schedule. Dates decided: 2/10, 3/10, 4/14, 5/12, 6/9, 7/14, 8/11, 9/8, 10/6, 11/17, 12/8. Motion to approve, ST, second RC, so voted.
2. Arthur Cleveland Bent Award.
-2013 Brian Marques
-2012 Beth Lambert
-2011 Russell Spooner
-2010 TRWA
Motion to approve as read, send letter to city council, RC, second NK so voted.
3. Vote on offices.
Motion to nominate Steven Turner for Chair, NK, second LF, so voted.
Motion to nominate Debra Botellio for Chair, MI, second RC, so voted.
4-3 Steven Turner is Chair for 2014
Motion to nominate Debra Botellio for Vice Chair, MI, second RC, so voted.
Unanimous- Debra Botellio Vice Chair for 2014
4. Emergency Certification. Footbridge on R. Martin Sr. Parkway. Signed.
5. Pineview Terrace. Resident has trees on property. He has been told by his insurance company to take them down. He has someone who will climb up and top the trees. ST would like MR to go out and take a look at the property.
Motion to adjourn, MI, second RC, so voted.
Meeting ended at 7:50p.m.
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