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3.22.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission March 22, 2010


Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Debra Botellio, Ernest Enos, Renwick Chapman, and Steven Turner.  



Motion to approve the minutes of March 8, 2010, DB, second ST, so voted.


Certificate of Compliance
  • Chris Drive, City of Taunton, (COC), SE73-2308  A field report was read stating that this project was for the proposed drainage improvements including the installation of an eight inch sub-drain on the northerly side of Chris Drive.  All work has been done in substantial compliance with the Order of Conditions issued on 12-13-07.  There is no indication of siltation into the adjacent wetland and all road surfaces are paved.  MR recommends that the TCC approve the work and issue a COC.  Motion to approve COC MI, second DB, so voted.
Motion to go out of the regular order of business to hear 500 West Water Street, ST, second MI, so voted.  

Public Hearings
  • 500 W. Water Street, TMLP, (NOI), SE73-2430  A field report was read stating that this project is for the remediation and excavation of two 24,000 gallon underground storage tanks (UST) and soil contaminated with No. 6 fuel oil and demolition of a portion of the former TMLP.  This property is located along the Taunton River and is in the Densely Developed Area (DDA) which has a 25 foot Riverfront Area.  The 100-foot wetland buffer zone is depicted on the plan as well as the 25-foot Riverfront Area.  A siltation barrier is shown along the bank of the Taunton River and in front of the 2-foot high berm.  The yellow area on the plan shows the contaminated soils to be excavated to 11 feet.  The heavy blue line shows the limits of contamination at the oil/water separator and inside the building where the underground tanks are located.  The locations of the five groundwater monitoring wells are also shown on the plan.  The work to be done is in the best interests of public safety and environmental protection by removing the tanks and contaminated soils.  The Applicant estimates that 50,000 square feet of buffer zone could disturbed during this project.  There will be no direct impacts to any resource areas and no net loss of flood storage.  Less than 300 square feet of work is within the riverfront area and constitutes redevelopment.  Under 310 CMR 10.24(7) (c)6, this work is classified as a limited project as follows:  “Assessment, monitoring, containment, mitigation, and remediation of, or other response to, a release or threat of release of oil and/or hazardous material in accordance with the provisions of 310 CMR 40.0000 and the following general conditions (although no such measure may be permitted which is designed in accordance with the provisions of 310 CMR40.1020 solely to reduce contamination to a level lower than that which is needed to achieve “No Significant Risk” as defined in 310 CMR 40.0006.(10)).  The work as planned should not adversely affect the Taunton River.  With the remediation it will make it less likely for contaminants to enter the river.  All areas will be stabilized using clean fill and will remain pervious.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached Special Conditions.   Present representing the applicant Tom Nuno-TRC, Peter Botellio-TMLP, and Carl Smith-TRC.  Discussion over the stock piles not having any protection.  DB wanted to know if when demolishing the buildinge if there will be a staging area?  This was answered in the presentation.  Motion to approve with a standard order of conditions with special conditions 1-5, 7, 10, 19, 21, 25-27, and in the conditions that hay bales be placed around the stock piles and they are to be covered once created, DB, second MI, so voted.  

Motion to go out of order to hear from Eagle Scout Travis Perry, ST, second DB, so voted.  Travis is planning on doing a project at Boyden.  He has chosen to front gate as his project.  It was stated that Marilyn Greene from Park and Rec. said she had posts and other materials for this type of project.  Motion to accept Travis’s offer and have Marilyn Greene have the supplies delivered to Boyden for Travis to do the project, STk, second DB.  Travis was asked to take before and after pictures and keep the TCC updated monthly.  

Motion to revert back to the regular order of business, DB, second ST, so voted.  

  • 80 Donna Terrace, Camara, (COC), SE73-2037  A field report was read stating that this project was to replace a failed septic system with a new system and was issued an Order of Conditions on 3-29-05.  All work has been done in significant compliance to the Order of Conditions.  All lawn areas are stabilized and there is no indication of siltation into the wetlands.  MR recommends that the TCC approve the work and issue a COC.  Motion to approve and issue a COC DB, second MI, so voted
  • 887 Cohannet Street, Borges, (COC), SE73-1999  A field report was read stating that this project was for a septic system repair and was issued an Order of Conditions on 1-14-05.  All work has been done in significant compliance to the Order of Conditions.  All lawn areas are stabilized and there is no indication of siltation into the wetlands.  MR recommends that the TCC approve the work and issue a COC.  Motion to approve and issue a COC DB, second ST, so voted.
  • Tremont Street, Court Company, (COC), SE73-2016  A field report was read stating that this project was for a proposed 21-lot residential subdivision on an 87 acre site on the northerly side of Tremont Street that borders Norton and Rehoboth.  Due to economic times no work was started on this project, which received a two-year Extension through 10-20-10.  This property has since been sold and has now been modified to a cluster subdivision.  The Applicant is requesting a COC to close this file so that the new filing may begin.  MR recommends that the TCC approve this request and issue a COC.  Motion to approve and issue a COC, DB, second ST, so voted.  


Extensions
  • 60 O’Connell Way, Mann, (EXT), SE73-2277  A field report was read stating that this project was to construct a multi-use industrial building with associated parking, utilities, and grading.  An Order of Conditions was issued for the project on 8-8-07.  This project was not completed due to poor economic times and the applicant is requesting a three year extension in order to complete this project.  The only work done was site preparation.  MR recommends that the TCC issue a three year Extension to end 8-8-13.  Motion to approve the extension, ST, second NK, so voted.
  • Lot 3 Sydney’s Way, AGS Development Corp., (EXT), SE73-2257  A field report was read stating that this project is for the construction of a single family home but work has not started due to the decline in the market and poor economy.  The applicant is requesting a three-year Extension to the Order of Conditions issued on 5-8-07.  MR recommends that the TCC issue a three year extension to 5-8-13, and should include the previous conditions.  Motion to approve the extension, ST, second MI, so voted.
  • Lot 4 Sydney’s Way, AGS Development Corp., (EXT), SE73-2258  A field report was read stating that this project is for the construction of a single family home but work has not started due to the decline in the market and poor economy.  The applicant is requesting a three-year extension to the Order of Conditions issued on 5-8-07.  MR recommends that the TCC issue a three year extension to 5-8-13, and should include the previous conditions.  

Motion for DB to step down, ST, second MI, so voted.

Continued Public Hearings
  • Plot 568 Everett Street, Nadeau, (NOI), SE73-2406  A letter from Cathal O’Brien was read into the record.  Abutters were present, Joseph Balmain and Diane Balmain of 47 Everett Street and Brian Davis 5 Couch Street.  Motion to continue to two weeks to 4-12-10, send a letter to Cathal O’Brien, and all other city departments involved in this matter stating that the TCC needs an answer by the next meeting, ST, second MI, so voted.
Motion for DB to return to the meeting, ST, second MI, so voted.  

  • 193 Tremont Street, Burnham, (NOI), SE73-2427  A field report was read stating that this project was continued in order to receive the new Stormwater Management report as requested by DEP and the letter from NHESP.  Both items have been received.  The NHESP letter states that this project will not adversely affect the Resource Area Habitat of state-protected rare wildlife species.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached Special Conditions.  Representatives Matt Costa and Paul Patnaude.  RC wants a peer review on this first.  He said it was originally approved in 2004 and that this project is in a sensitive area where wetlands are and they could have changed over this long a period of time.  Paul said that NHESP came back with a letter stating that there was no take out there.  The by-laws of the TCC state that no peer review unless its over 5 acres.  NK understands what RC is saying but NHESP did come back and say this will not adversely impact the area.  RC said that is only species not draining, etc.  Paul said all the work is done, they are now just pouring the 9 pads and placing the homes.  MR said all the work on the original Order of Conditions was approved and the detention basin was approved.  The only thing they are doing now is pouring the pads and putting down the mobile homes, the rest of the work has already been finished.  Motion to approve the NOI as presented and issue an order of conditions with special conditions 1-7, 15-17, 19-21, 23-27, ST, second NK.  Vote taken 3 in favor, 3 opposed.  Chair votes in favor, motion carries.  



Public Hearings
  • 163 Worcester Street, Pelczarski, (NOI), SE73-2427  A field report was read stating that this project is for a septic system repair and associated site grading at the above address.  A wetland is located along the southern portion of the property and was delineated by Walter Hewitson on 2-10-10.  MR reviewed the flagging and agrees with the placement therefore MR recommends that the TCC approve the delineation as follows: flags 1-8, 10, 11, and 13, with flag 14 for reference purposes only.  The existing system is located in the backyard with the septic tank 52 feet from the wetland.  The existing leaching pit will be drained, crushed, and abandoned and a new area will be added to the east of this location and will be 51 feet from the wetland.  A siltation barrier is depicted on the plan and will be the limit of work.  This barrier is at least 36 feet from the wetland.  The work as planned should not adversely affect the wetland resource area, therefore, MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached Special Conditions.  Representative Brad Fitzgerald was present.  Motion to approve the wetland line, NK, second DB, so voted.  Motion to approve with special conditions 1-5, 16, 17, 19, 21, 25-27, DB, second RC, so voted.  
  • Field Street, Powers, (NOI), SE73-  A field report was read stating that this project is for the construction of a single family house with septic system, driveway and above-ground pool.  The wetland line was approved and an ORAD issued on 7-14-08.  The applicant would like to have a larger lawn area with an above-ground pool and is proposing to fill 1,750 square feet of wetland in the rear and create a 2,800 square foot replacement area in the front with 4 red maples at the edge of the proposed mitigation.  This replication area is a 1.6:1 ratio, rather than a 2:1 ratio preferred by the Commission.  The lawn area would remain permeable, thus less intrusive than a building or other impervious surface.  A siltation barrier is shown on the plan and is marked as the limit of work.  Roof drains are shown going into drywells.  A concrete washout area and a dewatering area are depicted at the front of the property.  After all work is completed, the rear left of the garage will be located 14 feet from the edge of the wetland at flag #8.  The pool will have a non-backwash cartridge filter.  An information sheet on this filter should be given to the office to be put in the permanent record.  The work as planned should not adversely affect the wetland resource area, given that the lawn area will also be pervious.  The alteration ratio is a fair exchange, as a 2:1 ratio would decrease the amount of front lawn and buffer area.  A DEP file number has not been issued this filing as of 5pm.  MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached Special Conditions once the DEP number has been received.  Motion to continue to April 12, 2010, DB, second MI, so voted.


Violations
  • Dwinell Street.  They cut two trees but they are in a tough spot.  They have three acres but its mostly wetland.  Motion to remove the violation for the tree cutting and have the homeowner if desired, hire an engineer to look at the property to come up with a plan, and work with MR on this, ST, second DB, so voted.


Other Business
  • ConCom walk on North Walker Street.  Have MR ask if they can do the walk on 4-12-10 because it’s the day of a meeting.
  • Request for use of Boyden by the Friends of the Taunton Animal Shelter on 6-13-10.  Motion to approve use of Boyden, DB, second ST, so voted.
DB asked MR to look at the pipe on Ferncrest.
Minutes from the Boyden meeting.
Motion to send a letter thanking Marilyn, DB, second ST, so voted.
FYI-BM asked for prices to fix the Bent Cabin and for the trails.
Motion to name the pine trail after Lou Labino, DB, second MI, so voted.  Send a letter to Friends of Boyden regarding this.
Pursue replacing the telephones at Boyden.


Motion to adjourn, NK, second DB, so voted.
Meeting ended at 8:38p.m.