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9.13.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission September 13, 2010


Present: Ernest Enos, Debra Botellio, Brian Marques, Renny Chapman, Steve Turner,       Marla Isaac, Neil Kelly

Motion to approve minutes of August 9 and August 23, 2010, DB, second MI, so voted.


Certificate of Compliance
  • 28 Thunder Road, Alden, (COC), SE 73-2059 Field report states that this project was for the construction of a two-car garage and kitchen enlargement, as well as associated grading and reconfiguration of the driveway. All work was done in significant compliance to the Order of Conditions issued on August 2, 2005. MR recommends that the Taunton Conservation Commission issue a Certificate of Compliance for this project. Motion to approve and issue COC DB, second RC, so voted.
NK arrives
  • 289 Winthrop St., D’Angelo, Inc., (COC), SE 73-2412 Field report states that this project was for the construction of a teller window for the new First Citizens Credit Union along with a drive-up lane and re-striping of the parking lot and driveway areas on the entire site. Additional improvements to the site included the addition of two landscape islands and trees and shrubs to provide a vegetated buffer area to adjacent properties. There were tree branches placed in the wetland that may have come from the site work. The Applicant had a crew clean the area up prior to this hearing. MR recommends that the Taunton Conservation Commission issue a Certificate of Compliance for this project. Motion to approve and issue a COC, RC, second DB, so voted.
  • 101 Prince Henry Drive, Future Fuel, LLC, (COC), SE 73-2300 Field report states that this project was for the construction of a wood waste and mulch processing facility with associated parking and utilities. A wetland replication adjacent to the entrance was also constructed. MR walked this site this morning and stated that all grassed areas were stable. There was no encroachment to the wetlands and the replication area was doing quite well, with well over 90% wetland vegetation. MR did have the following recommendations:
  • The stakes and siltation fence should be removed, especially around the spillway of the detention basin;
  • The culvert inverts at the entrance should be monitored and kept free of vegetation;
  • The catch basin east of detention basin should be cleaned monthly rather than quarterly as it is downslope of the mulch piles and there is evidence of runoff from the mulch;
  • The maintenance plan should address keeping the inverts within the detention basin free of vegetation; and
  • Grass clippings that were dumped outside the north end gate should be removed and composted within the property.
MR recommends that the Taunton Conservation Commission issue a Certificate of Compliance to include the above recommendations in perpetuity. Motion to approve and issue COC DB, second MI, so voted.

Motion to go out of order: NK, ST, so voted.

North Walker St.
Kelley Whitmore. The Conservation Restriction is complete and needs signature sign-off from TCC. Motion to have 2 weeks to review the document and come back on September 27, to authorize Brian Marques to sign, DB, second RC, so voted.

Public Meetings
  • 18 Jessie Lane, Vigliotti, (RDA), DSE-999  Field report states that this project filing is for the construction of an above-ground pool and deck within the 100-foot buffer zone of a bordering vegetated wetland. This work includes some grading in order to level the land prior to erection of the pool. The pool will be located on existing lawn. No trees will be cut. The pool, at its closest point, will be 75 feet from the wetland and will meet the setback requirements for zoning purposes. The land is fairly flat and the work should not negatively impact the wetland. MR recommends that the Taunton Conservation Commission approve this project and issue a Negative Determination to include the attached Special Conditions. Motion to issue a Negative Determination with special conditions 1, 3, 4, and 19 ST, second MI, so voted.
Public Hearings
  • Spring Street, Cave, COT-OCED,  (NOI), SE 73-2448 Ellie
  • Baker, Horsley Witten Group.  Field report states that this project is for the creation of a riverfront park and riverwalk along a portion of the Mill River located behind City Hall and Police Department within an area that currently houses a vehicle impoundment area. This site is currently paved and the project would be considered a redevelopment project and will result in improved water quality through the implementation of Low Impact Development (LID) stormwater practices and improved wildlife habitat within the Riverfront Area and buffer zone along the river. This area is within Taunton’s Densely Developed Area which has a riverfront area of 25 feet. It is also within Flood Zone AE, an area where the 100-year and 500-year flood elevations have been determined to be at elevation 12 and 13. There is no NHESP designation for this area. The wetlands and Mean Annual High Water (MAHW) were delineated by Horsley Witten Group, Inc. on February 4, 2010. MR is in agreement with the placement of the flags and recommends that the Taunton Conservation Commission approve the delineation as follows: BVW#1 – BVW#17, and MAHW#2 – MAHW#20, with MAHW#1 for reference purposes only. Motion to approve delineation, DB, second RC, so voted.
The field report continues: The area to be redeveloped is approximately 2 acres of parking lot to be redeveloped into a riverfront park and pedestrian walkway along the Mill River. The buffer zone will be restored by removing invasive plant species along the bank and stabilizing the bank that is composed of crumbling pavement and subject to erosion from stormwater run-off. Native plant species will be planted and a management plan to include monitoring and removal of non-native invasive species and poison ivy. This plan includes an open grassed area that will house a future skate park facility. The parking area adjacent to the river as well as directly behind Marian Manor will be re-configured. The stormwater management system will be composed of a paved drainage flume and grass channel along the northwest portion of the parking area that is directed to a small sediment forebay. The water from this forebay will be directed through a culvert under the sidewalk crossing to a bioretention facility area. A second reinforced grass channel will be located along the north side of the future skatepark, and will capture stormwater from the southeastern parking area and direct it toward the bioretention area. The treated stormwater will then flow through an HDPE underdrain to a riprapped outfall into the Mill River at Spring Street. This system meets the Massachusetts Stormwater Standards revised in 2008 and will treat stormwater runoff from the parking lots that have previously flowed untreated into the Mill River. The invasive species eradication and replanting of native species will be within the WPZ and along the river. All other work will be outside the 25-foot WPZ and Riverfront Area. This site is located within the Church Green Local Historic District and the Massachusetts Historical Commission will review the project under Section 106 of the National Historic Preservation Act of 1966, as amended. The project will also require a review and permitting by the US Army Corps of Engineers. The work as proposed will be an improvement over existing conditions and will also benefit the health of the Mill River and Taunton River. MR recommends that the Taunton Conservation Commission approve the work on this project and issue an Order of Conditions to include the attached Special Conditions.
Discussion: DB: How do you intend to take out the poison ivy? By selective removal, by hand and by permission to paint glyphosate on the leaves.
DB: The area floods what will you do? This project actually increases the flood plain area.
DB: What about the impoundment area? The police and mayor are ok with the use of the area.
BM: What about a stamped plan. MR – I am in receipt of the stamped plan.
The skate park should be included in the Order of Conditions.
ST: What about the lost parking spaces and how many were lost? Between 18 and 24 MR thinks. The new parking is within the Parking Commissions tolerance and they approved this plan.
RC: By how much was the impervious surface decreased? EB showed the changes from impervious to pervious on the plan.
RC: Who will be responsible for the upkeep? Parks and Rec. Do they know? Yes.
Motion to issue an Order of Conditions to include Special Conditions 1-5, 19, 21, 25-27, 28, 29, #30 walkway is to remain pervious in perpetuity, #31 Skate park is included in the development of this plan and will not need to file a separate NOI, RC, second ST, so voted.
  • 110 Prince Henry Drive, Molind/Tribe Mediterranean Foods, Inc., (NOI), SE 73-2445 Allary Braitsch and John Furman, VHB.  Field report states that this project is for the proposed expansion of the existing building to include the construction of an 18,950 square foot single story addition to the warehouse and an 8,200 square foot single story addition to be used as office space. Additional parking and access drives will also be constructed. Wetlands were delineated by Vanasse Hangen Brustlin, Inc. on May 3, 2010 and received an Order of Resource Delineation on May 28, 2010. The property is within Priority Habitat of the wood turtle as determined by the Division of Fisheries and Wildlife (DFW). In a communication sent on August 9, 2010, DFW determined that this project as proposed will not adversely affect the actual Resource Area Habitat of the wood turtle and that it will not result in a prohibited “take” of state-listed rare species. The new warehouse addition and office space addition will be built on areas that are currently paved. The warehouse addition will wrap around the rear of the building and take up the space currently housing four of the loading docks and some of the parking in the rear. The drain pipes within the construction area will be removed and a new catch basin will be installed to connect to the existing 12” line to the detention basin. The existing hydrant will be moved 40 feet to the west. The office addition will be located in the front of the building (east) and will be built in an area that currently houses 22 parking spaces. The roof drains will connect to existing drain pipes. The area to the north of the main building that is currently wooded will be cleared and grubbed, as well as graded. A subsurface stormwater detention system will be constructed. A new parking area will be constructed over this system with drainage fro the catch basins directed to this subsurface system. The stormwater will then be directed to two stormwater bioretention areas, one to the north adjacent to wetland 1, and one to the east near the stone-lined swale which will remain. The second stone-lined swale will be modified with a portion of the swale to remain. A siltation barrier is depicted around the perimeter of the work site and will be the limit of work. The stormwater bioretention area #1 (north) and drain outlet for the subsurface stormwater detention system will be within the 25-foot wetland protection zone (WPZ), approximately 3,400 square feet. This work will be to install a portion of the drainage pipe, outlet and riprap, and construct a portion of the main access road. Work will include a retaining wall to limit work within resource areas. There is a limited amount of work within the Riverfront Area and consists of creating a fill side slope along the northwest perimeter of the project, which will be loamed and seeded once the work is complete. Total work within the BVW will be limited to 140 square feet which occurs in a “finger-like” projection into the surrounding uplands. Mitigation for work done within the riverfront and BVW will consist of streambank restoration within a scoured/slumped section of the intermittent stream channel using coir (coy-er) logs, with dormant live stakes of speckled alder and streamco willow to placed between November and March. Outside of the work discussed within the BVW, the majority of the site will be protected by a buffer zone of natural vegetation at least 25 feet from the wetland. The Stormwater Management Report states that snow storage will not be placed in, or directly adjacent to wetland resource areas. The plan in Apendix C shows it to the west of Bioretention area #1. The snow storage should be located outside the 100-foot buffer zone of the BVW, and should be marked on the plan. The project as presented meets the guidelines set forth in the Wetlands Protection Act as well as DEP’s Stormwater Management guidelines. The work within the 25-foot WPZ can be approved by the Commission as it pertains to stormwater management with the majority of the work on the bioretention area. MR recommends that the Taunton Conservation Commission approve this project and issue an Order of Conditions to include the attached Special Conditions.
Discussion:
DB: On page 9 you discuss “sand to be deposited and swept”, where is that area? It is out of the 100’ buffer zone near the side of the building.
RC: Motion to send this out for a peer review, second DB. Discussion: Too complicated – need to make sure that all facets of stormwater management are met as it is a commercial project. RC feels that the TCC needs another opinion.
John F.: We worked with the City Engineer – the system under to parking lot meets the standard and has undergone DIRB review.
RC: still wants an outside review.
Vote: 5:1 (NK) to send out for Peer Review and to continue to October 18, 2010.
  • Industrial Park Road, IMHA Real Estate, (NOI – Local By-Law only), N-998 James Petropulis and Robert Prokop. Field report states that this project is for the proposed construction of a 12,000 square foot one-story medical building with associated parking, driveway, and stormwater management area. Approximately 7,900 square feet of Isolated Land Subject to Flooding (ILSF) will be filled and 11,740 square feet of new wetlands will be constructed. This project is subject to the Taunton Conservation By-Law only. The site is located between Industrial Park Road and Crane Avenue North, and is currently accessed via Crane Ave. North, on a telephone company easement. This property is also within the Water and Aquifer Resource Protection District. Wetlands were flagged by Wetland Consulting Services and surveyed by Haynor/Swanson, Inc. in March, 2010. MR reviewed the delineation in the field with the wetlands consultant and agree with the placement of the flags and assessment of local jurisdiction only ILSFs. MR recommends that the Taunton Conservation Commission approve the delineation as follows: Flags A1 – A7, A12 – A14, B1 – B10, and B12, and for reference purposes only A8 to A11, and B11. Motion to approve wetland line DB, second RC, so voted.
This property is currently undeveloped and is primarily an open field with woods along the north, east and south boundaries. A small residential area is located along Crane Ave. North and the Industrial Park Road is along the north property line. The only access to the property once developed will be via an existing easement over abutting properties that connects to a driveway at the intersection of Industrial Park Road and Joseph L. Quinn drive. The proposed medical building will be situated in the southwest section of the property with a parking lot and driveway surrounding it. The mitigation area will be located to the north of the proposed parking lot and will be adjacent to the western ILSF. The existing telephone easement will be loamed and seeded and the existing gate and posts will be removed. A sewer pump station will to the east of the building. The Applicant proposes to use grass swales along the entrance drive and porous pavement at the edges of the paved parking surfaces to treat stormwater runoff. Runoff from the parking area to the north will flow to the treatment swale at the edge of the pavement and lead to a culvert under to entrance driveway to an outlet to the mitigation area. Runoff from the remaining parking areas will be directed into three separate porous pavement areas to the east and west of the building and will promote recharge through an underlying gravel and sand filtration system. Rooftop rainwater (considered clean) will be piped to the mitigation area. A roadside grass swale is proposed as a means to redirect driveway runoff into the swale and to the mitigation area. The proposed stormwater measures comply with the Massachusetts DEP Stormwater Management guidelines and there will be no increase in surface runoff being discharged from this project. MR recommends that the siltation barrier be depicted on the plan and labeled as the Limit of Work. An alternative to haybales is encouraged to reduce invasive/unwanted seeds in resource areas. A wet meadow seed mix should be used for the mitigation area and the list of seeds within the mix should be shown on the plan. The work as proposed should not negatively impact the remaining resource areas and will actually add diversity and wildlife habitat through mitigation. MR recommends that the Taunton Conservation Commission approve the work on this project and issue an Order of Conditions to include the attached Special Conditions.
Discussion:
Question regarding the siltation barrier be put on the plan and labeled and to use alternatives. JP states that the siltation barrier is not on the plan yet but will be. He also agrees to use of alternative siltation devices.
RC: Why a preliminary plan? JP states that this is SOP with his company. RC states that the TCC needs a final plan and if there are significant changes, then they will need to come back to the Commission. Otherwise it won’t be necessary.
DB: How long before the binder coat? About 6 months so they can put the coat down in the spring.
Motion to issue an Order of Conditions with Special Conditions 1-5, 15-17, 19-21, and 23-28 (final plan rather than preliminary plan), and 29 (binder to be applied in the spring when the plants reopen), ST, second NK, so voted.



Violations:
  • 3 Eighth Street, Boyden. Debra Boyden present. NK steps down.
DB: When was the work done? 2007. What about the shed? The shed was there when we moved there.
BM: Did you authorize the work? Yes. She stated she planted the lawn.
MI: How much of the wetlands were lost? MR not sure but at least 200 sf.
RC: Recommend an as-built of the existing conditions and compare to the original plan to determine.
Motion to remove the violation and to submit a request for COC with an as built plan and to continue to November 1, 2010, RC, second DB, so voted.
NK returns.
Other Business
  • 1561 Glebe Street. Rick Neilson. Rehoboth was invited but there was no representative. Mr. Neilson discussed flooding problems resulting from additional stormwater directed from the culvert over to his side of the road onto an abutting Rehoboth property. Problem with well contamination. Rehoboth told him that it is an existing condition but RN states that about 24 feet of the drainage swale was filled. He also said that Michael Costello, stormwater person in Rehoboth came out and met with him and said that there was a problem and that he needs to meet with the Highway Superintendent. The catch basin went in in 2006, problem didn’t exist before 2006.RN has not heard from the Town of Rehoboth.
St states that the commissioners should meet with RN to view his problem. MR to give them his cell phone number.
Skip Neilson, father, said that he went to the Hwy Dept and spoke with Peter Richmond. He was looking for a street/storm drain map – none exists.
The landowner on the other side may have inadvertently filled the swale when he was doing some work on the land. The town tried to fix it and 20’ of swale disappeared and the catch basin was put in.
DB: when is water an issue? All the time.
If swale and culvert are an existing condition, fine but if the work increased the amount of water, then something needs to be done to mitigate the increase.
Motion to continue to September 27, 2010 and have Rehoboth here for the meeting and to set up a site visit ST, second DB, so voted.
  • MACC training – need to know who is going before the 23rd.
  • Cranberry workshop. Approved using filing fees to pay MR’s registration to the workshop.
  • Meeting in the library at the new E Pole Elem. School from here on out.  
Motion to adjourn, DB, second MI, so voted.  Meeting ended at 8:50p.m.