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Minutes of the Taunton Conservation Commission July 9, 2012
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Marla Isaac, Debra Botellio, Ernest Enos, Renwick Chapman, and Neil Kelly.
Motion to approve the minutes of the previous meeting, RC, second ST, so voted. DB voted present.
Motion to go out of the regular order of business to hear 57 Lakeview Place, DB, second MI, so voted.
Public Hearing
4. 57 Lakeview Place, Conte, (NOI), SE73-2513 Field report states that this is for the construction of a 20’ x 28’ deck on existing pavement and a 15 foot diameter above ground pool. The pool will be placed on existing lawn. This property falls within the 100 year flood plain (el. 65) the pool would fall within the 64 foot contour, and is considered BLSF. The project falls under WPA 310 CMR 10.57 (4)(a)3 which states that “….a project or projects on a single lot, for which NOI(s) is filed on or after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important
wildlife habitat functions. What this means is that the applicant can erect the pool, as well as the deck, as they will not significantly impair habitat function. All work is done outside the 25 foot WPZ with an erosion control barrier around the proposed work zone. The work as presented should not negatively impact the lake. MR recommends that the applicant use a cartridge filter for the pool. The use of a filter that is backwashed can be detrimental to the health of the lake. 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, DB, second RC, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, 28-cartridge filter, DB, second RC, so voted. Motion to close the hearing, DB, second RC, so voted.
Motion to revert back to the regular order of business, DB, second ST, so voted.
Certificate of Compliance
1. 100 Field Street, Abreau, (COC), SE73-2307 Field report states this project was to construct a single family home with driveway, well, and septic system. MR inspected the property on June 18, 2012. All lawn areas are stable and roof drains are hooked up to drywells. There is no indication of sedimentation into the adjacent resource areas. All work has been completed in significant compliance to the order of conditions issued on November 13, 2007 and later extended to November 13, 2013. MR recommends that the TCC issue a COC for this project. Homeowner Tony Abreau present. Motion to issue COC, DB, second ST, so voted.
Continued Certificate of Compliance
1. 438 Middleboro Avenue, Holy Family Parish, (COC), SE73-2297 The field report states this project was to build a 12,085 square foot Parish Recreation Center with parking, utilities, grading and storm water management on two parcels behind the Taunton Housing Authority. 4,836 square feet of wetland were filled so that the parking lot and grass swale could be constructed and a 9,700 square foot replication area was constructed in the southeast corner of the property. MR re-inspected the wetland replication area that was fixed by a group of boy scouts. They removed hay bales and reseeded the area with a wetland mix. MR recommends that the TCC issue a COC to close this filing. Motion to issue COC, DB, second RC, so voted.
Amendments
1. 175 Dunbar Street, DaRosa (AMEND), SE73-2347 Field report states that this project was originally for a 31’ x 28’ garage and received an order of conditions from the commission on July 30, 2008. The amendment is proposing a 30’ x 24’ garage with room above, an 28’ x 8’ breezeway, and a 5’ x 10’ farmer’s porch. This change is so the room above the garage can be accessed by the breezeway. This project falls under the “Tolling Period” and is in effect until July 30, 2013. The amendment does not add any time to the length of the original or extended timeframe. A drywell will be installed just east of the proposed garage to take care of the roof run off. A siltation barrier is depicted on the plan and
is the limit of work. The garage will now be 25 feet from the wetland to the east. All work will be at least 25 feet from the wetland. The work as proposed should not negatively impact the adjacent wetland, therefore MR recommends that the TCC approve the amendment and issue an amended order of conditions to include the previously approved special conditions. Present homeowners John and Lisa DaRosa. Motion to approve with the conditions that hay bales are moved to 20 feet rather than 25 feet, RC, second DB, so voted. Motion to close the hearing, DB, second MI, so voted.
Public Hearings
1. Bluegrass Circle, TLC Development, (NOI), SE73-2509 Field report states that this project is for the construction of a single family home with driveway, septic system, utilities, and associated grading. The wetland line was approved and an ORAD issued on January 13, 2010. The subdivision, of which this lot is part of, was issued an order of conditions on April 28, 2010 under DEP SE73-2429. All work on the detention basin located on this lot, noted as Detention Basin #1, has been approved under the above mentioned order of conditions. All work is outside the 200 foot riverfront area, but does not fall within the 100 foot buffer zone of a BVW. A siltation barrier is depicted on the plan and is the limit of work. The barrier is no closer than 25 feet from the
wetland. The septic system leaching field is 90 feet from the wetland. The closest grading will be 26 feet from the wetland with the pervious pavement driveway 36 feet away. The house will be situated at least 65 feet from the wetland with roof drains directed to an underground infiltration system. The work on this home will not negatively affect the adjacent BVW as presented on this plan. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Bryan Grady present. Motion to open the hearing, MI, second RC, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 7, 8, 9, 11, 16, 17, 19, 21, 25, 26, and 27, RC, second DB, so voted. Motion to close RC, second DB, so voted.
2. 93 County Street, Abreau, (NOI), SE73-2510 Field report states that this project is for site preparation which consists of grading, filling of a small wetland area, and a 2:1 wetland replication of the filled area. The applicant is preparing the site for development. There are no buildings on this site. Currently, the site houses a number of piles of gravel which the applicant wishes to use to grade the lot. A BVW is located along the southern and western property lines and was delineated by Earth Services Corp., on June 4, 2012. The wetland is demarcated using pink flags numbered WF1A, WF1-WF23. MR recommends that the TCC approve the line as follows: Flags WF1A, WF1, to WF15, WF20 to WF22, with flags WF16 to WF19 and WF23 for reference purposes only. A
total of 1,180 square feet of wetland is proposed to be filled is in the eastern corner with a 2,360 square foot replacement area in the western portion of the property along flags WF 20 to WF22. This replacement area should be installed as soon as possible in order to meet the growing season requirements. The plan shows a siltation barrier from northeast to southwest and is marked as the limit of work. It would be preferable that hay bales not be used. A more suitable erosion control product would be straw wattles or other similar product. The applicant proposes to grade the area to a gradual gradient ranging from elevation 24 to elevation 14 from the front of the property to the rear. This will decrease the steep gradients that are currently on the property. The slope in the east corner will be stabilized within 25 feet of the wetland with jute mesh or other erosion control material. Stormwater currently flows roughly north to south
and the proposed grading would not change this dynamic. The work as proposed should not negatively impact the resource areas, therefore MR recommends that the TCC issue an order of conditions to include the attached special conditions. Motion to open the hearing DB, second ST, so voted. Motion to approve the line, ST, second DB, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, ST, second NK, in favor 4, opposed 3, motion carries. Motion to close, ST, second MI, so voted.
3. 100 Lakeview Avenue, Smith, (NOI), SE73-2511 Field report states that this project is to replace an existing dock with a new dock of the exact same size and location on Lake Sabbatia. This project is allowable as long as the dock stays within the footprint of the original dock. The dock will be permanent dock- that is, stationary, and will not be put in or taken out at the change of seasons. It will be constructed of wood and attached to 2 inch galvanized steel pipes which will be pounded into the lake bottom by hand. The project as presented will not negatively impact the lake as a previous dock was in the location. The pounding of posts will be a temporary disturbance to the immediate area around the property. MR recommends that the TCC approve this filing
and issue an order of conditions to include the attached special conditions. Motion to open the hearing, DB, second RC, so voted. Motion to approve with conditions 1, 2, 3, 21, 25, 26, 27, DB, second RC, so voted. Motion to close, DB, second MI, so voted.
5. Prospect Hill Street, Maplewood Builder’s, LLC, (NOI), SE73-2514 Field report states that this project is for the construction of a single family home with garage, deck, and associated grading and utilities. A wetland delineation approval is also requested. The wetlands were originally approved under SE 73-2169, but the authorization ended in March of 2011. This property is also within NHESP Priority Habitat and a copy of the application was sent out to them. We have not received a response from Natural Heritage at this time. This property abuts the Hockomock Swamp. MR visited the site on Monday, July 2nd to review the property and wetland delineation. There is an ILSF located in the south corner of the property, which is on the
left as you are facing the property. This wetland was marked using flags MD200- MD209. The ILSF does not meet the By-Laws minimum requirement for protection so there is no WPZ. To the northwest is a larger BVW with flags MD103 to MD117. MR is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows: Flags MD104 - MD117, MD200 - MD209, with flag MD103 for reference purposes only. Siltation barriers are depicted on the plan along the 25 foot WPZ of BVW, and four feet from the ILSF. Grading falls within 18 feet of the ILSF, within three feet of Priority Habitat , and within 29 feet of the BVW. Clearing trees and creating lawn will fall within Priority Habitat and within 28 feet of the BVW in the west. The final grade still allows for the flow of rainwater to run south and west as it currently does. The dwelling will not be constructed within 23.9 feet of the ILSF. The house
will have city sewer and utilities and a private well which is located in the front of the property. MR recommends that roof drains go into drywells. MR does have concerns regarding the water table and the propensity for this property to flood along the front near the stone wall (along the tree line). A neighbor who is very concerned about this construction submitted photos to illustrate the water issues in the neighborhood. He also reported that a company came by to do a test pit, dug it, and came up with water after the first bucket full. He reported that they immediately filled it back in and left. The problems that could arise from construction and clearing of trees are the increase in water saturation in spite of grading, and groundwater seepage into the new home. This could cause issues with the well located in the front of the house. The neighbor directly to the north has stated that his well head has been compromised during
heavy rainstorms, after the house across the street was built, resulting in him needing to get his well tested and sterilized every year including this year. This problem could occur on this property as well. MR recommends that additional test pits be dug and the results documented by photo and paper, and submitted to the TCC. MR recommends that this filing be continued to the next available meeting. Motion to open the hearing, MI, second RC, so voted. Motion to approve the wetland line, DB, second RC, so voted. Motion to accept the letter from Steve Rowell of 444 Prospect Hill Street as part of the record, DB, second MI, so voted. Motion to accept the letter from Kathy Romero and place on file, DB, second MI, so voted. Abutters spoke, Patricia Rowell and Ed Landry. They are very concerned that the already very serious water conditions out there will only worsen with this new construction. Motion to continue to August 13,
2012, do 4 test pits-2 towards front of property and 2 towards back, number of approximately how many trees are coming down, DB, second ST, so voted. BM did ask the abutters if they are opposed to the house being built, they said no the drainage is their issue.
Other Business
1. Sullivan Family request for Boyden on July 21. Motion to approve, ST, second DB, so voted.
2. Girl Scouts request for Boyden on August 25. Motion to approve, ST, second DB, so voted.
3. Request for use of Weir Park. Motion to approve, DB, second MI, so voted. ST voted present.
4. MAAC Dues. Motion to approve, DB, second ST, so voted.
5. Prospect Hill Preserve Conservation Restriction. Sign off.
6. Field Street Land. TCC can hold property in its own name. Motion to accept into the record ST, second DB, so voted.
7. Spraying weeds on sidewalks. Motion to approve spraying weeds on the sidwalks and make letter part of the record, ST, second DB, so voted.
Motion to adjourn, ST, second DB, so voted. Meeting ended at 8:30pm.
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