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Minutes of the Taunton Conservation Commission January 12, 2009
Present: Chair Brian Marques, Steven Turner, Ernest Enos, Robert Newhall, Marla Isaac. Vice Chair Neil Kelly arrived at 6:55 p.m. Renwick Chapman arrived after the meeting on Hart Street.
Meeting began at 6:00 p.m. with 103 Hart Street/91 Hart Street, Glick (NOI), SE73-2340. Motion to remove 91 Hart Street from an NOI hearing, to just a regular meeting on the site and issues out there, ST, second MI, so voted. Abutters present were Brian Sullivan 93 Hart Street, Fred Replenski 99 Hart Street, Charlie Dutra 83 Hart Street, Charlie Dutra’s representative Jim Morris, Brian Santos 63 Williams Avenue, Barry Vanderhaven 69 Williams Avenue, John Click Paragon Properties, Al Kopeck from Allen Major Associates, and Steven Glick Paragon Properties. RN asked Steven and John Glick had met with the abutters, they did not meet yet. RN said they were supposed to have already done that. John said he did meet with Mr. Replenski a few times, once outside of the council chambers in the
hall. Mr. Replenski only remembers the one time in the hallway. BM asked Glick if he understood this to mean he would be meeting with the abutters here tonight, not beforehand. Yes, that is what Glick understood. ST said then that is fine, let’s do this tonight and get all the issues out on the table and figure this out tonight. Brian Santos asked where they were going with the new buildings, how far out, how far from the swamp? Steven Glick said are we going to spend time dealing with the new development or Chateau Estates, let’s deal with what’s going on here and not anything new that may be built out there. RN said we should not hear anything on the new proposed construction out there if it is in court. John Glick said he did try to meet with abutters, Charlie Dutra refused to meet with them and he did meet with Mr. Replenski. He does want to remedy the issues out there, he has offered to do this, to help
the abutters clean up these problems. RN wanted them to take care of the abutters and before and they did not, but now that they are looking to try this proposed construction again, now they are willing to help the abutters. He has seen their plans for storm water management and they are good, but these issues need to be fixed. BM said we are here tonight to mitigate the issue of water on abutters properties from 103 Hart Street. ST wanted Glick to go to the abutters and talk, he did not, now everyone came out tonight so let’s figure this out now. Glick did not meet with them, he should have, but regardless let’s move on with this tonight. RN just feels that if the proposal for 91 Hart Street wasn’t started up again, they would not be here to fix 103 Hart street and that is wrong. ST whatever reason they are here, they came in to do something about the issues. Jim Morris representing Charlie Dutra stated that water
comes from County Street direction, from across Hart Street from the brook, and from Plain Street direction down Hart Street and all ends up on his property. They cannot see how this additional building will not impact his property and put more water out there. They feel what they have proposed may work, but what if it does not. BM asked them if they had pending litigation with the city. Mr. Morris said they did not, they are trying to work with the city rather than sue. BM wanted to remind everyone again that 91 Hart Street does not exist right now, they are only here tonight to mitigate water from 103 Hart Street that goes onto abutters properties. John Glick said he is willing to meet with abutters, he thought this was to be an informal meeting, and wants the TCC aware that there are no pending or open violations on the property at 103 Hart Street. BM said we are here for one thing only. John Glick agreed, he said he is here to
meet with abutters, to fix these issues they have, he mentioned he spoke with MR about issues out there such as traffic, water, pleasing the abutters, and he is willing to do all these things to make everyone happy. Al Kopeck said he met with Mr. Replenski, they went out onto Mr. Replenski’s property, he has pictures of the problems, he was shown all the issues out there by Mr. Replenski. He said he did try to speak with Charlie Dutra, had a camera go down the pipe but when they reached Mr. Dutra’s property, Mr. Dutra threatened to break the camera. Al Kopeck said it is hard to reach solutions when you run into issues like this. Mr. Replenski said the Glicks’ told him they don’t have to do a damn thing if they don’t want to. They told him they would put in French drains, he doesn’t even know what they are. Mr. Replenski feels if the berm was/is properly maintained then there wouldn’t be any issues out
there. BM wanted to go to each abutter directly affected and get their idea on what would help them alleviate their problem. Fred Replenski 99 Hart Street- He stated when the berm was maintained, everything there worked well. BM said that the Glicks’ and Mr. Replenski will work directly with MR to put French drains on Mr. Replenski’s property or a berm. The Glicks’ agreed. RN would also like them to take a look at Mr. Replenski’s foundation and basement while they are out there, feels there may be damage there too. Brian Sullivan 93 Hart Street- He said basically he thinks if they solve Mr. Replenski’s water issues, it will solve his. RN said while they are out on the property, check out a trench on the property that has been dug out from the runoff water, it may be causing issues. It may have eroded from Mr. Replenski’s property to Mr. Sullivan’s. Charlie Dutra 83 Hart Street- BM
said if they are in current negotiations with the city, he is not sure how to handle them. The pipe on his property is there, but was not put there by Paragon Properties, it was already there. Al Kopeck said the issue with Mr. Dutra’s property seems to be what was stated before, water comes from County Street direction, the brook across the street, and Plain Street direction, it all runs to the front of the property and drains out to the swamp out back, which is a low point on the property. Brian Santos spoke stating that the water does drain to the swamp, but that they should come out and check out Williams Avenue, those yards also fill with water. BM cannot say what will happen, but the storm water management plan will be in place and is designed to deal with water on the site. Abutters will be notified when 91 Hart Street comes up for NOI. Sherry Costa-Hanlon spoke about the issues out on this site. She said that what she feels
occurred is that they failed to maintain what they had out there. There have been problems out at 103 Hart Street for years, they have been requesting that the owners maintain and clean the berms for years. They may have the best engineered facility out there but if not maintained, then it won’t work and they did not maintain it. It must be maintained always, once the berms were cleaned they saw a big difference out there. You have to keep them clean. John Glick said Costa-Hanlon was making false statements. Costa-Hanlon asked what she said that wasn’t true, it is true that berms at 103 Hart Street were not maintained as they should have. Steven Glick said he feels that they are being attacked tonight. He said they will replace the berm, put in French drains, now what else do they need to do. They said they will maintain the berms and they will. (NK arrived) Costa-Hanlon said that she is not saying they
did not do it, maybe they did not know about the maintenance of the berms, perhaps they were built before they came into all this. John Glick said he has managed the property since 1990 and never once has he received anything about the berms. BM asked if they were in agreement that they will address the issues out there and have a storm water management plan, all agreed. RN said he would like to see something in writing about addressing these issues, something from the Glicks’. Brian Santos said to take a look at Williams Avenue, MR said it was worth looking at and she will. Motion to have them report back to the TCC, O & M written up for it, come to the meeting on February 9, 2009, RN, second MI, so voted. ST mentioned the water coming from the parking lot in the front of the building and running onto Hart Street. Motion to have MR go out and look at the water issue with the front parking lot at 103 Hart Street, ST, second RN, so
voted.
TRWA Presentation
Carolyn LaMarre was at the meeting to present the idea of a project that will focus on protection and future management of two properties along the Three Mile River owned by the City of Taunton and managed by the TCC. The two properties are Gertrude Boyden Wildlife Refuge on Cohannet Street and the Idella Lewis property on Glebe Street. They are here tonight to present this project and invite Commissioners to join the effort and provide their expertise. The Taunton River Watershed Alliance has received a Targeted Watershed Grand from the Environmental Protection Agency to work with the TCC, other city officials, representatives of the Three Mile River ACEC Study Committee to identify management and protection needs for these two properties. It would probably be 2 or 3 meetings. Motion to
approve this activity, ST, second RN. MI volunteered and MR was volunteered by the TCC.
Back to 103 Hart Street. ST requests that they change the date of the next meeting they all attend, to February 23, 2009, instead of February 9, 2009. Motion to change the date of next meeting on 103 Hart Street to February 23, 2009.
Certificate of Compliance
1. Crane Ave. South, DiSilva Taunton Express, (COC), SE73-2217 A field report was read stating that this project was to remove oil-impacted sediment and soil within a wetland and buffer zone, possible water removal and diversion, erosion controls, and other activities required to remediate and investigate the oil spill due to a traffic accident located at Crane Ave. South across from Crane’s Landing condo complex. The majority of the spill was approximately 182 gallons of diesel fuel and about 5 gallons of motor oil. MR visited the site on 1/6/09 and observed that the work was done in significant compliance to the Order of
Conditions issued on 11/14/06. The initial emergency response was initiated by Fleet Environmental Services under Mass DEP and continued with the remainder of the cleanup on behalf of DiSilva under Hydroenvironmental Technologies, Inc. (HETI) supervision. The materials removed were disposed of using hazardous waste manifest procedures and the bills of lading are included in the COC request. Work on the site included: installation of absorbent booms along the stream between Crane Ave. South and the confluence with the Three Mile River; installation of an absorbent boom across the Three Mile River where it crosses under the Harvey Street Bridge; excavation of about one cubic yard of impacted soil from the storm water spillway on the shoulder of Crane Ave. South using a vacuum excavator; removal of approximately three cubic yards of soil from a bituminous concrete spillway (originally buried) on the west side of Crane Ave. South; removal of sediment from the affected
catch basin using a vacuum excavator; excavation of sediment from locations EXA, EX1, EX2, EX3, and EX4 (see figures attached to this report) using a vacuum excavator or by hand. Routine monitoring of the stream was perfomed by HETI between June 2006 and October 2007. Inspections were performed bi-monthly, samples collected, and absorbent booms were inspected and changed as necessary. Response actions were immediate, long term, and effective. There is re-growth in the wetland area and along the banks of the stream indicating a decrease in the petroleum hydrocarbon concentrations. All work was done in compliance wit Mass DEP’s response action protocol and the Order of Conditions therefore, MR recommends that the TCC issue a COC to the Applicant. Motion to issue the COC, RC, second RN, so voted. RN asked if there was a report of the tests, soil tests, etc, MR said yes it’s all there in the file.
2. 9 Segreganset Road, Daponte, (COC), SE73-1773 A field report was read stating that this project was to construct a single family home with driveway, septic system, utilities and associated grading. MR visited the site on 1/6/09, and observed that the work was done in significant compliance to the Order of Conditions issued on 10/10/03. A 45-foot section of the driveway at Segreganset Road and a 94 foot segment of the driveway by the house are asphalt. These areas were not part of the original Order and fall within the 100 foot buffer zone. There is no indication that these areas are creating a negative impact on the
resource area or buffer zone. The remainder of the driveway is gravel. The siltation barrier is still up and there does not appear to be any impacts to the wetland. The house, septic system and majority of the work on the site are outside jurisdiction. From my observations the area appears stable. MR recommends that the TCC approve this work and issue a COC. Motion to issue a COC for this project, ST, second RC, so voted.
Continued Public Hearings
1. Interstate 495S. Town of Norton-Water Dept., (NOI), SE73-2367 A field report was read stating that on 12/30/08, Mark Slusarz, City Engineer, Jeff Hanson and John Murphy from Hanson & Murphy Eng., and MR walked the project area. All wetlands are accurately depicted on the plans. MR will review all wetlands during the construction phase when she inspects the siltation barrier. Any issues at that time can be corrected in the field. Both Mr. Slusarz and MR suggested that the pipeline be placed closer to the highway and outside the tree line. Mr. Hanson and Mr. Murphy both said that they could do this and requested that Mr. Slusarz send Mass Highway a letter requesting permission to bring construction operations to within 20 feet of the highway. A copy of this letter is
in the file. Mr. Slusarz also requested revised plans depicting the changes. On 12/10/08, MR wrote the following concerns. In italics is the response/action. AREAS OF CONCERN: on sheet 112, add siltation barrier along fence from flags ILSF 4-18, 4-19, and 4-20. Received a revised sheet adding the barrier. On sheet 113, extend siltation barrier to beyond flag BVW 3-17. Received a revised sheet adding this barrier. FROM CITY ENGINEER: How will construction zones be accessed and how will the shut-off valves be accessed in the future? Will there be permanent access roads? Access will be from Elm Street in Raynham and from an access road on the BJs property. Work is on steep banks in some locations. How will construction proceed? Work will actually be at the toe of the slope. The line crossing drainage pipes in several locations.
Please show detail of how work will be accomplished. Awaiting revised plans showing this work. Dewatering may be necessary in many locations. Where will basins be located? Temporary stilling basins will be behind the excavator as work progresses. The City Engineer has no negative comments on the proposed water line based on our recent site walk and review of plans. All he still needs is an updated set of construction plans. All conservation issues have been addressed and MR recommends that the TCC approve the plan and issue an Order of Conditions to include the attached Special Conditions. Motion to issue a Standard Order of Conditions with Special Conditions 1, 2, 3, 4, 5, 8, 9, 19, 21, 25, 26, 27, 28-revised plan, 29-O & M plan for emergency work shut-off valves, EE, second RN, so voted.
New Public Hearings
1. Kilmer & Bliss Streets, DPW, (NOI), SE73-2369 A field report was read stating that this project is an after the fact NOI for maintenance work consisting of the installation of two catch basins, 12” ductile iron pipe, rip-rap and the clearing of trees and brush along the bank at the corner of Bliss Street and Kilmer, and crossing under Kilmer. It also included replacing a collapsed 15” culvert with twin 12” pipes crossing under Kilmer Avenue. Work involved a number of private properties and the DPW acquired signed “Right of Entry” permissions from homeowners prior to the commencement of work. Copies of these documents are in Appendix D of the NOI package. Prior to this work, water was restricted crossing Kilmer Ave., due to the collapsed culvert, and would flood the adjacent properties. The road was also subsiding due to the collapse of the culvert. Work at the corner of Bliss and Kilmer and continuing along the banks of the brook at #60 Kilmer included cleaning the
channel and cutting trees hanging over the brook; at #63 Kilmer reinforcing the right angle turn with rip-rap and clearing the channel. The work done along Bliss Street will alleviate flooding and icing over of the street that has occurred due to the velocity of the brook as it took the right angle turn. The City Engineer reviewed the work and stated that it was completed satisfactorily. MR recommends that the TCC issue an Order of Conditions with the attached Special Conditions. Present was Angela Saunders from BETA Group. The plan is not signed, she said she did not put the plan together, so is not comfortable signing it. She was asked to put the NOI package together to the best of her ability but did not measure the pipes, etc, the city did it. She would not sign her name to a plan she did not do. RN said this is an after the fact NOI, no stamp on the plan, and needs the information for something like this before a meeting so he has a
chance to look at it. MR did this as an emergency order, the road was collapsing on one side and there was possible collapse on the other side. BM asked her if she made the decision to do this as an emergency order, MR said yes. She said the City has been watching this area and knew when it was time to take action. ST asked Angela Saunders if she was comfortable with what was done out there? She said it was an improvement. Celco Construction did the work. RN said the rip-rap should not have been done in the winter, he went out and looked at it and called Tony. Tony just cussed him out. MR said Tony Abreu got permission from the properties owners prior to the work. RN said that was not true, he got permission after RN called him and told him he better have permission to go on private property to do this work. BM asked what should we do? RC said to get an As-Built Plan stamped, and file the NOI. ST asked
Angela Saunders if she checked out the rip-rap? She saw it on 12/10/08 and it looks fine, superficially, she’s not sure what’s underneath. RN said if there was no NOI filed or it was filed improperly then they should not even be hearing this. RC said we can discuss and if there is insufficient information then they can say they need more information. ST said RN has a point but RC has the right idea. What RC states is probably the way to do it, open it up, not enough information, send it back. NK agrees with ST and RC, he is looking for an As-Built plan for this anyway. RC they can asked for an As-Built Plan. Sherry Costa-Hanlon asked if Angela was going to have a stamped engineered plan. One conversation followed with them, as MR made a statement. MR said she put it through, she put all she had on this together and put it through, but knew the plan was not stamped. She will go out and check the site out, talk
with the City Engineer, and continue this, if the city does not provide a stamped plan then she thinks the next step would be to deny this. They have to attempt to get stamped plan. RC said city should do calculations to back it up and make sure the rip-rap was installed the correct way. ST asked if the City has a land surveyor on hand? City Engineer does both. ST asked then why was he not called out? MR cannot say. RN said once again the TCC is left holding the bag. Motion to continue to February 23, 2009, this is an incomplete file, have the COT representatives here from the DPW, address concerns, and have Angela Saunders from BETA Group go back to BETA and get this stamped as an As-Built plan, ST, second MI, one opposed, motion carries. Costa-Hanlon asked if this was check as a Natural Heritage area? Yes. Juanita Gallagher said now that they opened up that area she is getting more water than before. Also the
Feeney’s and another neighbor are getting flooded now too. ST asked why the water is not flowing under Winthrop Street? Juanita Gallagher said the water has formed its own path and now goes around the properties and has nowhere to go after that. The water table is getting higher. ST said he understands, the water is overflowing and now has its own route.
2. West Water Street, DPW, (NOI), SE73-2370 A field report was written but not read. Motion to take the same procedure as with Kilmer Ave./Bliss Street, ST, second NK, so voted.
Motion to go out of order to hear violation on 1386 Middleboro Ave, ST, second RN, so voted.
Violations
1. 1386 Middleboro Ave. Homeowners not present tonight. BM said we cannot hear the NOI until the violation is addressed. Will open the NOI and continue it. Motion to continue the violation until January 26, 2009, and send the homeowner a letter, RN, second ST, so voted.
Motion to revert back to the regular order of business, RN, second ST, so voted.
New Public Hearings
3. 1386 Middleboro Ave., Jordan, (NOI), SE73-2368 A field report was written but not read. Motion to continue NOI to January 26, 2009, RC, second ST, so voted.
Violations
1. 655 West Water Street. Motion to go back to a date when this was issue and using our by-laws violate the property owners, RN, second MI, so voted. Some discussion was had on this, want to give a chance to come in. RN was asked to rescind his motion, he did. Motion to continue this to February 23, 2009, RC, second NK, so voted.
2. 70 Weir Street. Has demolition person in order. MR asked if anyone was going to come to tonight’s meeting, told no. MR told them they need to go through TCC first. RN said keep writing and if no response then take the next step. Motion to have MR check in with the city legal department, see what the proper steps would be, continue to January 26, 2009, ST, second NK, so voted.
Other Business
1. Newspaper Article/Blurb about fees. MR will have update.
2. MACC Conference. MR was asked if they were signed up. MR asked who was going? 3 people are going.
3. Expenditures for MACC Conference. Motion to approve the expenditure for the three to attend the MACC Conference, $95.00, from Filing Fees Account, NK, second RC, so voted.
4. 100 Oak Street. Update. Motion for status update on 100 Oak Street regarding monitoring wells, RN, second ST, so voted.
5. RN meeting on 91 Hart St. RN heard there was meeting at City Hall last week about 91 Hart Street. No one had heard about this.
(RC stepped down)
6. Letter sent to City Hall re: Coffer Dam. RN had a copy of a 5 page letter that was sent to City Hall about a meeting in Boston re: coffer dam. Motion to send a letter to City Council and the Mayor stating that any other correspondence regarding the coffee dam should also be sent to the TCC, ST, second RN, so voted. Motion to have the Chair Brian Marques, email the writer of the letter regarding the coffer dam, ST, second RN, so voted.
Motion to adjourn, ST, second NK, so voted.
Meeting ended at 8:50 p.m.
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