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4.26.10 Conservation Commission Minutes
Minutes of the Taunton Conservation Commission April 26, 2010


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


Motion to approve the minutes of 4-12-10, DB, second MI, so voted.
Motion to go out of order to hear Everett Street, DB, second MI, so voted.
(DB out)

Continued Public Hearings
  • Plot 568 Everett Street  Motion to continue to May 24, 2010, with no further continuances, ST, second NK, so voted.
Motion to go back to the regular order of business, ST, second RC, so voted.
(DB back)


Certificate of Compliance
  • Stevens Street & Rt. 140 NB Ramps, TDC, (COC), SE73-1930  This project was for the proposed alteration on a small wetland area in order to widen one lane at the Route 140/Stevens Street off ramp.  The wetland was replicated at a 2:1 ratio adjacent to wetlands on the industrial park site.  All work on this project has been completed in significant compliance to the Order of Conditions issued on 9-21-04.  The wetland replication is well-established.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC DB, second MI, so voted.
  • Stevens Street & Rt. 140 NB Ramps, TDC, (COC), SE73-1937  This project was for the proposed 3,300 square feet of BVW replication to offset the 1,634 square feet of alteration resulting from the work performed under DEP file number SE 73-1930.  All work on this project has been completed in significant compliance to the Order of Conditions issued on 9-26-04.  The wetland replication is well-established.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC MI, second DB, so voted.
  • Bay Street & I495 NB Ramps, TDC, (COC), SE73-1936  This project was to install traffic signals and widen one travel lane at the intersection of the Route 495 off ramp and Bay Street.  All work has been completed in significant compliance to the Order of Conditions issued on 6-21-04.  There is no sign of erosion or sedimentation into the resource areas.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC, DB, second MI, so voted.
  • Caswell Street, COT-DPW, (COC), SE73-2283  This project was to replace existing 15” and 30” culverts with new 30” culverts under Caswell Street, reinforce existing headwalls, and add riprap at both ends of the pipe, in addition to repairing the road, in order to alleviate flooding of the street and surrounding properties.  This was a limited project under 310 CMR 10.53(i) and the BVW and land under waterbodies and waterways was temporarily disturbed during the work.  All areas have been stabilized and flooding of the area has been markedly decreased.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC, DB, second RC, so voted.  
  • 1095 County Street, Exxon Mobil Corp., (COC), SE73-2337  This project was to upgrade the existing double wall underground tank storage and piping components under an Order of Conditions issued on 6-12-08.  All work has been completed in significant compliance to the Order of Conditions and there was no indication of sedimentation into the adjacent BVW.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC, DB, second RC, so voted.
  • 438 Middleboro Avenue, Parish Center, (COC), SE73-2297  This project was to build a 12,085 square foot Parish Recreation Center with parking, utilities, grading and stormwater management on two parcels of land behind the Taunton Housing Authority.  4,836 square feet of a 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 inspected the wetland replication area and found a few items need to be taken care of before MR can recommend approval of the COC.  These items are:
-One of the large red maples was broken and should be replaced (in the southeast corner);
-Hay bales and silt fence should be removed in order to connect the replication area with the original wetland;
-Trash that has accumulated should be removed;
-An additional month should be allowed for vegetation to grow so MR can better assess the percentage of hydrophytic species.
MR recommends that this be continued to 5-24-2010 so that these items can be     addressed.  Motion to continue to 5-24-2010, DB, second MI, so voted.
  • 75 County Street, Mechanics Co-op, (COC), SE73-2023  This project was to remove trees and brush and replace them with 1 ½ “ stone within the 200’ riverfront area of the Taunton River.  All work has been completed inn significant compliance to the Order of Conditions issued on 3-8-05.  There is no sign of erosion or siltation toward the river and the site is stable.  MR recommends that the TCC issue a COC for this project.  Motion to approve COC ST, second MI, so voted.
(RC out)

Continued Public Hearings
  • Tremont Street, Nadeau, (NOI), SE73-2429  Representatives Katie Moniz and Scott Turner from BSC.  Katie and Scott have been working with Gallagher Engineering on the project.  The have met once and did a site walk.  They went over comments with Gallagher Engineering at this hearing and things were agreed on or worked out to a compromise.  Motion to approve with conditions 1-6, 9, 11, 15-17, 19-27, 28-snow removal/stockpile put on plan, 29-submit pervious pavement detail, 30-state that individual property owners are solely responsible for the drywells/driveway, 31-see recommendation #5 in the BSC report, 32-detail of double catch basin structures added to the plan, ST, second NK, so voted.  
(RC back in)
  • Field Street, Powers, (NOI), SE73-2432  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 TCC requested that this project be continued for two weeks so that a revised plan could be drawn to eliminate the need to fill any wetland, and to move the pool closer to the house.  A revised plan was received on 4-21-2010 which shows the following:
-Note 15 on plan states that the pool filter will be a non-backwashing cartridge filter and that the pool is not to be drained to the wetland;
-Contour elevation 67 behind the pool was added to the plan;
-The pool was downsized to a 25’ diameter and moved to the deck at the rear of the proposed house and previous pool deck was removed;
-The limit of work was revised to show a 10 foot grass strip around the pool (8 foot near wetland) and a lawn area to follow the hay bale line.  There will be no wetland loss, so no replication will be necessary.
This plan is much less invasive than the previously reviewed plan.  All work, although very close to the wetlands, will not disturb those wetlands.  MR recommends that an alternative to hay bales and silt fence be used on this project to alleviate the possibility of invasive seeds in the hay from entering the wetland.  The project as presented should not negatively impact the wetlands.  MR recommends that the TCC approve the plan as revised and issue an Order of Conditions to include the attached special conditions.  Representative Paul Patnaude present.  Motion to approve with conditions 1-5, 8, 9, 15-17, 19, 21, 23-27, and 28- no water discharged into the wetland, this conditions remains in perpetuity, DB, second RC, so voted.



Violations
  • 291 Shagbark Road.  William Emerson, homeowner.  A tree had split and rotted and he feared it would fall and hit his house so he took it down.  There was also another tree that was leaning and dead so he had this taken down at the same time.  The fill he brought in is crushed stone, wanted to level the land and plant grass.  MR said not all stone there are bricks and granite, much too heavy for him to move.  RC asked where the wetland is?  MR said the fill is right at the edge of the wetland.  Emerson said before he cleaned it out and put the fill in there was some brush and stumps there.  ST said it looks like clean fill from the pictures?  MR said it looks like building debris.  Emerson said he bought it as crushed gravel.  BM asked if any metal or wood in the fill?  No.  MR asked him to move it away from the wetland 5 or 6 feet, pull it back and put in a silt fence.  Emerson wants to loam and seed it.  That was agreed on but no fertilizer there, look into safer organic fertilizer which can be used that close to a wetland.  Motion to remove the violation, have Mr. Emerson work with MR on what kind of grass and fertilizers he can use, rocks and bricks need to be pulled back and silt fence put in, add 6 inches of loam and seed and add a wetlands mix, ST, second NK, so voted.
  • 13 Cape Road.  Representative Paul Patnaude.  The owner has asked Paul to monitor activities there and is very apologetic.  BM said anything they do out there they need to come before TCC first.  Things have been corrected, MR has been out there.  MR said they were stockpiling soil along the silt fence.  Work stopped as soon as she asked and the sand was removed immediately.  The did not have the order of conditions on site, but they do now.  Motion to remove the violation, DB, second NK, so voted.  
(NK out)

Other Business
  • Vote on Conservation Restriction for N. Walker Street.  BM asked if the City Council was clear on responsibility as far as North Walker Street is concerned.  MR said the Mayor is clear now, he had a meeting with MR and Kelly.  DB is not sure that Boyden is 180 acres, could that be checked.  Also on page 13, it’s the City of Taunton, not Town of Rehoboth.  Page 3, paragraph 1, RC had a question about the signage issue.  Kelly said this was taken right from the restriction, but if you read further it does state what signs will be allowed in this type of restriction.  Restrictions take all rights away and then give them back.  Motion to approve with the changes as stated, DB, second MI, so voted.  Kelly thinks the city engineer has been out to the property, she will make sure he gets the maps/exhibits of the fields.  DB a permanent record should be kept in the Conservation office regarding this.  
(NK back)
(DB and RC out)
  • 147 Winthrop Street letter from Attorney Rounds.  BM spoke with Jane Estey and she is in favor of waiving this so we can get the work done.  If we push it back, it’ll be another season before work can start.  NK asked what about an As Built Plan, he says an engineer won’t now do an As Built Plan after not being paid.  Robert Newhall, former TCC commissioner spoke.  He warned the TCC to look at this carefully, both men named in the complaint were told it had to be a stamped plan.  His advice is to be careful, we all signed the order that was sent to the court that says if this is not done accordingly there is a fine of $25,000 or jail time.  He said read the order, the TCC all signed it before it was sent to court.  BM said the board is held harmless and the City right now is in no litigation.  BM said if we say no and the gentleman takes off, its never going to be fixed.  RN wants it on record to protect himself that the order states that an LSP needs to be there, on site.  ST stated the board is indemnified.  RN said the judge wrote the order, it has to be followed.  ST said as far as the LSP, we cannot make them do that, we can ask but not demand.  MR spoke with Attorney Rounds, and did tell him its written in the EO that a stamped plan is needed.  So Freire can get started and scrounge for the rest of the funds as it goes forward.  MR said they can start work, it has not been proven that there are contaminates there, if found would then need to go from there, that’s an EPA rule/regulation.  Juanita Gallagher spoke about the issues out there and what has been going on with her end of this whole issue.  She spoke of reports she has, things that she has learned in court, and what she feels would be the best thing to happen out there.  BM said the city solicitor is ok with waiving this to get the work done, no one here is an attorney, they should follow the city solicitor’s advice.  ST said LEC made a plan for Camara.  If Estey said this is what the TCC should do, then the TCC should do it.  The should not go against the City Solicitor’s advice.  Juanita said Fred Cornaglia saw the plan and said are you crazy, this won’t work.  MR was asked her recommendation.  She said she had argued against the engineered plan, but it is on the EO so she had a tendency to go with what the court said.  Restoration is back to the original.  The trees removed and bank stabilized, not to where it was but better.  BM asked if the TCC rejects Attorney Round’s request, will this be done this year?  MR doesn’t know.  BM’s opinion is that Mr. Freire knew what he was getting into, was given all the opportunities and always shafted the TCC.  Estey’s has been around long enough, he is not in favor of waiving it but go back to Attorney Rounds.  Motion to deny Attorney Rounds’ letter and hold Mr. Freire to getting a stamped plan as stated in the order of conditions, and BM will call the City Solicitor regarding the TCC’s concerns, ST, second NK, so voted.  
  • BM reads letters to TCC.  Letters are 1. Everett Street and 2. North Walker Street.
  • Parts D & E missing in the conservation restriction.  MR will look into that, contact Kelly.
  • Boyden News.  BM wants poles removed and replaced.  He has reached out to a handyman to get pricing.  There were questions on post and rails and the picnic tables.
  • ST asked about Staples Street.  He saw flagging out there and wondered why and if they had come before the TCC.  
  • RC had a question on COC’s.  

Motion to adjourn, DB, second MI, so voted.  Meeting ended at 8:53 p.m.