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Minutes of the Taunton Conservation Commission June 22, 2009
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Marla Isaac, Ernest Enos, Robert Newhall, and Renwick Chapman. Steven Turner arrived at 7:10 p.m.
The meeting began at 7:00 p.m.
Motion to approve the minutes of June 8, 2009, MI, second NK, so voted. RN and RC voted present.
Public Hearings
1. Plain Street, COT-DPW, (NOI), SE73-2399 No field report was read. The hearing was opened and then an email from BETA Group was read. They sent in the letter as notice of a withdrawal for this project. BM asked why a hearing to withdraw NOI? Because of the public they have to open it first. RN asked why are they doing this, they spent money on an engineer, etc. so why withdraw and not just continue. MR gave them the option, they chose not to continue but to withdraw. BM said they will now have to re-apply if they do this again. Public Input: David and Kristen Smith of 41 Hart Avenue spoke
on this project. They said they met with the engineer in the morning and every thing was ok, now they find out about the withdrawal. Motion to accept the withdrawal and close the file, RC, second NK, so voted. RN said as a taxpayer would like to know how much money was spent on this so far and how much money has been wasted. RC asked how long until it comes up again, MR at least another year. RC also said 13, 14, 15 contours on plan, and invert on the new pipe 200 feet.
2. Dean Street, COT-DPW, (NOI), SE73-2394 A field report was read stating that this project is for proposed exploratory borings to be completed for the replacement of an undersized depressed sewer siphon beneath the Taunton River at Dean Street as part of the larger sewer extension project along Winthrop Street, Davenport Terrace, Duffy Drive, Steve Drive, Mary Drive, and Marilyn Drive. Wetland Strategies, Inc. delineated all wetlands on May 6, 8, and 11, 2009. MR reviewed the wetland flags and is in agreement with the placement. MR recommends that the TCC approve the lines as follows: Duffy Drive area: A1-A82,
B1-B6, and C1-C11, all for reference purposes only, Marilyn Drive D1-D8, for reference purposes only, Mary Drive E1-E28, for reference purposes only, Williams Street F1-F6, for reference purposes only, Dean Street A1-A20(north side of the Taunton River) and 1-20 (south side of the Taunton River), for reference purposes only, Harris Street A1-A20 (near THS) and B1-B40 (along the Taunton River), for reference purposes only, Davenport Street/Terrace G1-G6, for reference purposes only, and Winthrop and Biltmore Streets A1-A11, B1-B36, C1-C5, D1-D3, for reference purposes only. The proposed borings will occur in the following locations: sheet B1: S1 on the north side of the Taunton River, S2-S5 under the Taunton River, and S6 on the south side of the Taunton River, sheet B-2: B-4A and B-12A off Harris Street at the Water Dept., B-17A on Baylies Road, B-15A on Barbara Road, B-6A, B-8A, B-9A, B-10A, and B-11A on Duffy Drive, sheet B-3: B-20A on Williams Street, and B-25A
of Mary Drive at the existing utility easement, sheet B-4: B-31 through B-43 along Withrop Street from Joseph Warner Blvd. to Parker Terrace, sheet B-5: B-26 on Davenport Street, and B-27 through B29 along Davenport Terrace. The borings are required so that a depressed sewer section (siphon) currently under the Taunton river can be replaced, and for the larger sewer extension project as a whole. The borings will determine subsurface conditions to determine dewatering requirements while the sewer lines are installed. This project is for the borings and wetlands determinations only. A separate NOI will be submitted for the design project. Borings on the banks of the Taunton River will utilize a track rig to minimize disturbance to the area, and the borings within the river will be from a small barge. Borings for the remaining areas will be along the edges of roadways and will cause no disturbance to wetlands. This is a limited project
according to 310 CMR 10.53. The project as presented is necessary and will create minimal disturbance to wetlands and the Taunton River, therefore MR recommends that the TCC approve the project and issue an Order of Conditions to include the attached Special Conditions. Motion to approve the flags as stated in the field report, ST, second RC. Joe Simmons from BETA. RN some sewage there? Yes, existing going below the river, handles flow from Pole, THS, and Duffy Drive area and comes out to the north side near the armory. Rt. 44: there they will put in a new line to replace the one there. RC asked if test pits and borings are exempt? In local bylaws they need to file, with the WPA they are exempt, but because they are in the resource area they need to file. Motion to approve with conditions 1-11, 19, 21, 25-27, and send a copy of the plan and order of conditions to the TRWA, RC, second RN, so voted.
3. 83 First Street, Cabral, (NOI), SE73-2398 A field report was read stating that the applicant is proposing to remove six pine trees and an existing fence and replace with shrubs (arborvitae) and a new fence, and to fill and gravel to expand the driveway all within feet of an existing wetland. The applicant had already begun work on this project when MR went out and told the contractor to stop. They were unaware that the area was near a wetland and that a filing was required. This work is within ten (10) feet of a BVW. It is extremely important that a siltation barrier be installed to prevent sedimentation into the
wetland. The initial work could have a negative impact on the wetland if precautions are not followed. Replacing the pines with the arborvitae is a comparable substitute, and is one that will not over-grow the area. The fill and gravel will be a pervious solution to widening the existing driveway. The fence and arborvitae will be approximately 9 feet from the wetland. The fill and gravel will be within 10-12 feet from the wetland. MR recommends that the TCC approve this project and issue an Order of Conditions to include the attached special conditions. Mike Cabral was present, not the contractor but a friend. The work is not done yet, they stopped. MR said it is real important that they have siltation out there. RN said the fence has to have a gate, and crushed stone, not pavement. RC asked if the line was flagged and surveyed. MR said she doesn’t usually ask this, but she went out and said this is where
the wetland is. Motion to approve with conditions 1, 2, 19, and 21, and the condition that no impervious surface unless they come back before the TCC and only use crushed stone for now, ST, second RC, so voted.
4. 29 Bennett Street, Vasconcelos, (NOI), SE73-2397 A field report was read stating that this project is to construct a single family home with garage in the rear of 29 Bennett Street. The area for the proposed work is upland, currently lawn, relatively flat, and 52 feet from the wetland, which was flagged by Walter Hewitson on 3-25-09. The property is not in a priority habitat of ACEC. MR reviewed the wetland flags and is in agreement with the placement. MR recommends that the TCC approve the line as follows: flags 4-6, and for reference purposes only, flags 1-3 and 7. The proposed work shows roof drains into
drywells, and a dewatering area and concrete washout outside the 100 foot buffer zone. A siltation barrier is depicted as the limit of work and is at least 27 feet from the wetland. The project as presented should not negatively impact the wetlands, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Motion to approve the wetland line ST, second NK, so voted. Paul Patnaude present. Motion to approve with conditions 1-5, 8, 15-17, 19, 21, 23-27, ST, second RN, so voted.
5. Field Street, (15-129), Griffith, (NOI), SE73-2395 A field report was read stating that this project is for the construction of a single family home with driveway and septic system within the 100 foot buffer zone of a BVW and riparian zone of the Snake River. The property is not in Priority or Estimated Habitat of Rare or Endangered Species. The wetland line was approved and an ORAD issued under filing SE 73-2344 on 7-14-08. The construction of the house and septic system fall within 173 feet of the Snake River at the closest point and all of the work is within the 100 foot buffer zone to the BVW, with the closest point 31
feet from the BVW. All work is outside the flood plain (65.2 elevation). A well is proposed south of the house and 103 feet from the septic system. The plan, titled “Sewage Disposal Plan” and dated 6-4-09, depicts a siltation barrier at least 25 feet from the wetland and roof drains going into drywells. A concrete washout area is shown 31 feet from the wetland, and a dewatering area 58 feet from the wetland. The project as proposed should not negatively impact the resource areas, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. The plan was done with constraints, this is the only place/location they can put it. Motion to approve with conditions 1-5, 8-10, 15-17, 19-21, 23-27, ST, second RN, so voted.
6. Field Street, (15-130), Griffith, (NOI), SE73-2396 A field report was read stating that this project is for the construction of a single family home with driveway and septic system within the riparian zone of the Snake River. The majority of the project is outside the 100 foot buffer zone of BVW, except for grading to the southeast of the proposed house and the well. The wetlands were approved and an ORAD issued under filing SE 73-2344 on 7-14-08. All work is outside the flood plain (elevation 65.2). This area is not priority habitat for rare or endangered species. Grading at the southwest corner of the
driveway will be the closest work to the riverfront at 125 feet. Grading in the southeast corner of the house will be 88 feet from the BVW. The well will be 65 feet from the BVW and 117 feet from the river. A siltation barrier, noted as the limit of work, is depicted on the plan titled “Sewage Disposal Plan” and dated 6-4-09. A concrete washout area and a dewatering area are shown outside the 100 foot buffer zone at the north end of the property. Roof drains are shown going into drywells. The work as proposed should not negatively impact the resource areas. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to approve with conditions 1-5, 8, 9, 15-17, 19-21, 23-27, ST, second NK, so voted.
Extensions
1. 345 John Quincy Adams Road, SE73-2172 A field report was read stating that the original project was to construct a 38, 250 sf building addition with related parking, site grading and stormwater controls. No work has been started on this project due to the economic situation. The applicant is requesting a three year extension. MR recommends that the TCC approve the request and issue a three year extension for this project. Representative Rich Riccio was present. Motion to issue a three year extension for this project, ST, second RC, so voted.
Violations
1. 655 West Water Street. Gary Silvia was present, one of the owners/partners. He can present bills from the engineer showing that they are making some progress out there. They are paying for this and trying to cover the expense of clearing up the violation as well as keep their business afloat, they are doing the best they can. BM recommended calling Green Seal, the company they are using, and letting them know that the license renewal is in jeopardy unless they get this violation cleared up. This may get them moving on this. Motion to send a letter from the TCC to Green Seal to help move this along, state that
this company is always here when asked, cooperating fully, and could this mitigation be moved along due to their upcoming license renewal, continue to July 27, 2009, ST, second RN, so voted.
Other Business
1. 100 Oak Street. RN said he did his research on this. BM asked if he provided documents tonight for the TCC to look over. RN said no, he is not doing everyone else’s work for them. It was stated that the NOI was approved on 4-18-08 and 2-9-09 the first report was due. RN stated if there is an LSP on site and they discover anything such as violations, etc. they are mandated to report it. RC doesn’t think they are obligated to report. BM said he is not just going to have anyone just spurting regulations, they need to come in with this information in front of them, in writing. MR said they
have two years to report. RN said the women’s son and MECO said they would be back with a report and they never came back, and the City Solicitor was supposed to put an attachment on the property and never did. RN said the entire commission should be doing their homework on these things, not just one member. ST asked if the TCC could get a consultant on this, due to the fact that not many of the members have the time to research this fully. He also said maybe the TCC could request the owner and MECO to come in, find out why attachments haven’t been attached yet, etc. Motion to continue to July 27, 2009, have the property owner, MECO present, in letter requesting their presence at the meeting- state that the TCC has been looking into the order of conditions and contemplating what to do with it and the TCC would also like an update from MR at the next meeting on July 13, 2009, an answer from the City Solicitor on the attachment to the
property, ST, second RC, so voted. The TCC will also take under advisement the things Juanita Gallagher brought up to them regarding this property.
2. 147 Winthrop Street. BM stated the TCC is not the fining authority at this point, it is in court and this is a civil judgment, the TCC cannot fine at this point. MR said on 6-1-09, there was a court date, Mr. Friere missed and was found in contempt. If he did not comply, it was $300 per day from 6-1-09 on. There will be an update at the next TCC meeting. BM was led to believe that they would fine back to February then forward, $300 per day. MR will ask for clarification on this. RN said he was not done with this, he wants an attachment put on this property, he said he made a motion to do this. RN
said there is no fee for the city to put an attachment on a property, MR said yes there is a fee of $75. This why it took so long to get it done, she needed a check for that amount to put the attachment on the property. RN said legal department should have done it that day. Juanita said there is no attachment on the property right now, MR said yes there is an attachment on record. RN said he has issues with some of the information Jane has and how it differs from Will’s information. He will highlight and make copies for all the TCC members to see. RN said Jane put it in as a contempt of court. Will asked the Judge for a fine, he sad if Mr. Friere did not begin the remediation process then on 6-1-09, if not started, the fines will begin. Motion to go through the city’s legal department to have a letter sent to the judge to encourage the court system to take steps to move forward and resolve this, RN, second ST, so voted.
3. River and Riverfront Regulations. RC finds these to be confusing at times and would like to have someone come into the TCC meeting and explain it to all members. MACC or DEP could have someone come over and explain. ST said if someone is going to come in and go over it, the TCC should have the regulations here to look over. MR will look into this.
4. Thanks to TCC re: Garrett Group. Motion to put in the paper as a press release, NK, second ST, so voted.
5. 70 Weir Street. TCC received the $4350.00 for the fine settlement.
6. MACC Dues. Motion to approve payment of the MACC dues, ST, second NK, so voted.
7. Emergency Certification. Diesel fuel on 85 Constitution Drive, TCC needs to ratify.
8. Railroad Trestle at Arlington and Rt. 44. RR company to get a crane to remove the debris buildup, TPD dive team will be on hand if needed. MR told the DEP not to do anything regarding this.
9. RN and project extensions. The TCC is losing money when they do 3 year extensions, should do 1 year and charge $25 per year to make the city some money. It was decided to leave things as is regarding this for now.
10. Arthur Bent Award. 2007-Cathal O’Brien, 2008-Bill Napolitano, and 2009-Three Mile River.
Motion to adjourn, NK, second EE, so voted. Meeting ended at 9:25 p.m.
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