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Minutes of the Conservation Commission March 23, 2009
Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Ernest Enos, Robert Newhall, and Steven Turner. Absent: Commissioners Marla Isaac, and Renwick Chapman. The meeting began at 7:00 p.m.
Motion to accept the minutes of March 9, 2009, RN second, EE, so voted.
Boyden Refuge
Marilyn Greene from Parks and Cemeteries and Priscilla Chapman and Dick Shafer from TRWA were present. BM stated we are all here to discuss the agreement between the TRWA and Boyden. Marilyn said she was under the impression she was here to discuss maintenance of the Boyden Sanctuary. BM noted the lease is revisited every year, it is 5 1 year leases, and all he had was a copy with notes on it, not a signed copy in hand. Shafer understood the concern about the restrooms and the office use. TRWA was given permission to refurbish the cabin and in return was granted the right to use the out buildings and main office for monthly meetings. Volunteers of the TRWA build a ramp with former TCC members help, and have contributed other things to the sanctuary in return for the use of the
facilities. He stated that later when the TCC stopped holding their meetings there, the area became over-run with ATVs and other issues out there due to lack of activity at the building. The TRWA was given permission to use the offices 9-5, seven days a week, in cooperation with Friends of Boyden. He said that during the hours the staff is there, the restrooms are open and available to the public. They have had a good relationship with everyone involved since they have been using the facilities. They have written grants and received money that helped them to do things like repair the covered bridge, etc. with Friends of Boyden. Initially Parks and Rec. were going up there a couple times a week to clean the restrooms and empty the outside trash barrels. ST asked why all the parties were invited here tonight? BM said phone calls were made to one of the city councilors that the restrooms were closed to the public and they were not being
cleaned. ST thinks that in the past they’ve never had such a formal meeting to discuss things out there and having the restrooms cleaned. RN said the issue was having only one bathroom for the public. He said perhaps we should look into putting porta-potties outside and keep both the restrooms in the building for the renters use only. Shafer said if someone is timid or has a child with them, they will come in and use the restroom indoors (women/children) usually. RN said we should put porta-potties out there for the summer season and that will alleviate this problem. Shafer said they try to keep up with the restroom cleaning and if they are really bad, they call Park and Rec to come down and give them a good cleaning. BM asked the minutes from the last meeting be read again. Marilyn understood that she was coming here to discuss the maintenance of the lawn, trash removal, cleanup of area for specific events, etc., but
specifically for general maintenance. She does not have the staff she used to have to go out there for restroom cleaning everyday. She came with last years schedule of every time her men mowed the lawn or removed trash. Marilyn’s understanding was that the renters would open and close the restrooms. Her feeling is not to have public restrooms available there, it would be better that way. RN said that he feels anyone using the area for a private function should have to rent porta-potties. Shafer said if it’s TRWA or Friends of Boyden having an event they could just be responsible for cleaning and opening the restrooms if used. BM said it’s the TCC’s job if someone comes in to use Boyden that they need to get porta-potties themselves. RN asked if we were tied into the sewer down there? Shafer said no but there is not enough use for that to be a problem anyway. Shafer would like the restrooms to remain
open during the week while they are there. Open the one on weekends and if it gets really bad from use after a weekend, they can clean it. He said he guesses it depends on what each individual person thinks is clean, but thinks a porta-potty would be worse. He does agree if there is a function that maybe they could have the user rent at least one. Marilyn said they cut the grass out there twice a month, $2000.00 spent on post and rails to fix the fences, and the Building Inspector will be coming out to inspect the covered bridge again, it was fixed but there has been recent vandalism. The discussion ended soon after this, with no motions made, just stated that for future issues out there, it won’t be such a formal meeting to discuss it.
Will Flanagan- Assistant City Solicitor
1.70 Weir Street. The building has been taken down, fines have been levied against the owner, and the owner has hired Attorney Gay to represent them. The hearing in court has been continued to May 5, 2009, it will be a probable cause hearing. Will does have a meeting scheduled with Atty. Gay to reach some kind of a settlement. ST said a deal? Will said that is correct. ST would like to see part of the deal be that they make a donation/contribution to Boyden Sanctuary or some other conservation entity in the city, because if collected it will go into the General Fund and the TCC won’t be able to use it as they see fit. BM agreed with the idea of a donation/contribution. ST is will to look at something like this, something that shows the owners are community friendly. RN is upset about this because the owner ignored the TCC, once fines put in place, they started doing something out there. Once fining stopped again, they stopped too, and so on. And he is also concerned that a
permit was issued to do work on the site when they owed money to the city by way of fines from the TCC. He asked Will, why was it granted when there were fines on the property? Will does not know why. Will said the tickets issued are still outstanding, they have been issued but no judge has made a judgment on this yet, no amount has been set on what is to be paid. RN said the TCC is losing money, they constantly issue fines but never collect on them. BM said the TCC issued an emergency order to take the structure down and that’s why the permit was issued. ST said it was dangerous there, its been taken down, and he agrees they did ignore the TCC for a time but $40,000.00 is out there, and the TCC has had fines higher that they never seen collected. Will has a meeting before May to see what they can settle on. He will still have to come before TCC before anything is approved anyway. The TCC will go for anything like a
contribution/donation or something environmentally friendly. RN said the deck out there on the site is also a concern. MR said the building department is on that.
2. 147 Winthrop Street. Court ordered cleanup to begin before, July 1, 2009. The enforcement order is being followed to the letter, that’s what the judge levied against Mr. Freire. They still need a contract and three references 2 months prior and an engineered plan. ST asked if there are any legal sanctions against the TCC right now? Will said no. RN asked if the fines have accumulated? Will said they will begin to on 7/1/09 if work does not commence. RN so all the work the TCC did on this and they have nothing to show? Will said he wouldn’t say that, it brought us all to this point. RN asked why Mr. Camara was allowed to leave the country if there was a warrant? Will said he was not aware of any active arrest warrant on Mr. Camara and
is not sure he was not picked up to face all this. RN said it bothers him this has gone on this long and the TCC has $0 to show for it. Mr. Camara was brought in from Portugal to testify and walked. Mr. Freire was not to be responsible, Mr. Camara was and now its all on Mr. Freire and the money to do it is gone. Will asked MR if there was a timeline? Yes there’s one on the enforcement order. BM asked if there was any money in escrow to do this work? No it was through a private party. Will said the real estate attachment that was requested by TCC was denied by Judge Chin. Motion to put an attachment on the property RN, no second, motion does not carry. Will said there is no mechanism to put an attachment on the property, they went to court on damages and cannot file an attachment before July 1, 2009. It would be premature to file before then. Will said he is just as frustrated as the TCC, and was when he
came back and this was still around. RN said they won’t be ready with plans by July 1, 2009.
3. Morey’s Bridge/Dam. Will City Solicitor handles this and asked that it be continued to the next TCC meeting when he can be present. Motion to continue to the next meeting, NK, second ST, so voted. RN said here again another permit issued when fines owed. Will said he believes that the state order demanded the work be done and they supercede any city orders. BM said he had a meeting with the MODR on 4/6/09, with all parties involved. RN said once again the TCC was not contacted about anything regarding meetings or what’s going on out there. RM said it was his fault, he received the emails and didn’t get them out to all the TCC members.
Emergency Certification
Myricks St. Culvert, DPW. Tony Abreau present from the DPW. There is a backup of water near Joshua Lane in East Taunton, on Route 79. A 30 inch corrugated pipe to a box culvert has collapsed, its 6 inches down. They are here for a emergency certification so they can get bids out. The city engineer has a letter on the back of the emergency certification. RN said when the bids come back, they need to do an As Built Plan and then an NOI, but won’t have to come back for an NOI if done under an emergency certification. RN said no As Built on the pipe, no NOI needs to be done. Tony said he won’t change the pipe size. Motion to approve the emergency certification, allow them to get the 3 bids, and keep in contact with MR, come back to the TCC with an after
the fact As Built, ST, second NK, so voted.
Certificate of Compliance
1. 100B Indian Meadow Drive, Pepoli, (COC), SE73-1940 A field report was read stating that this project was to construct a 16’ x 20’ family addition to the existing home and was issued an Order of Conditions on 6/21/04. MR inspected the property today and found that the work was done in substantial compliance to the order of conditions. All lawn areas are stable and there is no indication of siltation into the wetlands. MR recommends that the TCC issue a COC for this project. Motion to approve the COC for this project, ST, second RN, so voted.
Public Meetings
1. 340 East Britannia Street, MM Taunton Energy, LLC, (RDA), DSE-944 A field report was read stating that this project is for proposed modifications to the Landfill Gas Extraction and Control System at the Taunton Sanitary Landfill. The modification consists of adding two engine-generator sets and associated apparatus to the existing landfill gas-to-energy facility. Work will include the installation of above-ground LFG piping, fence relocation, and the installation of radiators to be installed on steel column/frame structure. The distance of the work to the wetland is approximately 90 feet. MR met with Barry
VanLaarhoaven, Supervising Engineer for Brown and Caldwell, on 3/10/09 and walked the project area. With siltation barriers in place along the limit of work, there should be no impact to the adjacent wetlands or buffer zone. MR recommends that the TCC approve this project and issue a Negative Determination. Motion to open the hearing RN, second ST, so voted. The representative, Barry VanLaarhoaven was asked how much of the energy goes back into the TMLP? 100% and how much of it equals the energy that makes up the TMLP’s energy? 2%. RN asked if it would still be active after the landfill closed? Yes, essentially they only put them in if enough gas is being produced and remove accordingly but there is enough gas for 20 years worth of production. BM asked why they needed two more engines? There is enough gas there to be worth putting in two more because otherwise the rest of the gas would be burned off. RN asked about the
smell? Wasn’t thought to affect that much either way. ST asked about the noise? Very little noise, can’t even hear the engines if standing outside of the building that houses them. Motion to issue a negative determination and have them keep in close contact with MR, ST, second NK, so voted.
Public Hearings
1. 13 Cape Road, The Titanium Group, (NOI), SE73-2372 A field report was read stating that the applicant is proposing to install 2 underground storage tanks within the Riparian Zone of the Taunton River. Additional work in the Riparian Zone includes the installation of a gas pump island, 19 parking spots, 9 of which are 32 feet from the river along the edge of pavement in the rear of the property. According to the FEMA flood plain map, the entire property is within Zone AE, elevation 12 (see attached). There is currently a carwash on this property and the site is all paved. There is no increase in impervious area,
however the property, with the addition of the gasoline service, will fall into the category of land use with higher potential pollutant loads. Stormwater will be treated with a deep sump catch basin in the front of the property. The runoff at the rear of the property will also need to be treated. Concerns: 1. because of the proposed use at this site, additional information on the underground tanks should be submitted, 2. information should include details of the excavated area, underground protection, and tank details, 3. three parking spots are proposed in front of the current detailing area. Is this area going elsewhere?, 4. the snow removal area should be removed farther from the river. There is evidence that they have been storing snow along the banks of the river. This is a violation, 5. the sign at the rear must be shown on the plan, and 6. the concrete washout area must be outside the riverfront area. A dewatering area is
shown at the northeast corner of the property and a siltation barrier is marked as the limit of work. The applicant will need to have a Departmental Site Plan Review and should schedule this as soon as possible. There are a number of engineering issues outside the realm of conservation that need to be addressed according to the City Engineer. MR recommends that the TCC continue this project for a month to ensure that all information requested is submitted for review. Motion to open the hearing, ST, second RN, so voted. Paul Patnaude representing the applicant was present and said he could address each of the comments. BM asked if it was once before a gas station? Yes, and the tanks were removed. Information on the tanks was submitted to the commission. The snow removal was in the outside riparian, it was a centralized area that’s why it was put there. The owner understands it cannot be put there anymore and it won’t
happen again. RN said the dumpster is in the 100 foot buffer zone and should come out. MR said there is no where else to put it. BM asked how many vacuums they had? 5 now, 4 after this work. He wondered if it was possible to move the dumpster over to that area. If not the TCC will work with them on that. RN asked if this site had a 21E? Yes. He would like to see them get boring samples where they are putting the tanks to make sure there is no contaminated soil. Paul said the site is clean, that’s what a 21E does. RN said if the soils there are still contaminated then digging into them to put in new tanks will cause even more problems. ST said in 2006 the property was inspected and nothing came up. NK said a 21E certifies it as a clean site. Paul agreed, they did soil samples as part of the P&S agreement. They wouldn’t have got the loan to buy this property in the first place if the 21E
cleanup was not done. They have the paperwork on this. ST thinks that the site is clean and there is no need to do more soil samples. RN wants to make sure. MR said the catch basin in the rear needs to be shown on the plan. Paul said some of the water in the rear pitches towards the river, but now when adding the fuel pumps, they will regrade the area around the new pumps so it’s a lower area. MR asked if cars will be parked in the rear? They will remain as they are now. Paul said when he does the other changes to the plan, he will add the regarding of the area near the pumps. Parking spaces were concerns at DIRB, issues with turning radius and turn at the pumps. Changes from the DIRB are significant to the TCC, changes can be made there that are not environmental but can still change the plan. ST if move the dumpster further away, trash could now be everywhere, all over the site. MR said the dumpster is on a
pad, with a fence all the way around it. The owner said the dumpster is emptied 4 times a week, they keep the property very clean. A motion to continue was made but did not pass. Motion to approve the plan and issue a standard order of conditions with the special conditions 1-10, 15-17, 19, 21, 24-27, 21E report to TCC, show revised plan with re-graded area around pump area shown, and washout area re-positioned, ST, second NK, under discussion: RN wanted to know why the 21E was not submitted with the plan? Paul said it wasn’t necessary. BM said the motion was made and the applicant has agreed to give the TCC a copy of the 21E report. RN opposed, motion carries.
(NK out)
2. 19 Monadnock Avenue, Caiglo, (NOI), SE73-2376 A field report was read stating that this project is for the proposed removal of an existing cesspool and the installation of a septic pump station which will pump to a proposed forced sewer main in Monadnock Avenue. MR visited the property on 3/18/09, and met with the property owner. The flags were missing when MR was there, apparently his son was doing yard work and removed them. The wetland is well-defined even though flags are not on the property. A siltation barrier is shown in front of the retaining wall and is the limit of work. This is where the cesspool
will be abandoned and the pump chamber installed. Pipe connection the chamber to the street will follow along the north side of the house and connect to the main on the street. The project as proposed should not negatively impact the wetlands. MR recommends that the TCC approve this plan and issue an Order of Conditions to include the Attached Special Conditions. Motion to open the hearing ST, second BM, so voted. Motion to approve the NOI and issue a standard order of conditions with the attached special conditions 1, 2, 3, 4, 5, 8, 16, 17, 19, 21, and 24-27, ST, second BM, so voted.
3. 100B Indian Meadow Drive, Pepoli, (NOI), SE73-2373 A field report was read stating that this project is to remove a 24 foot above-ground swimming pool and install a 14’ x 28’ in-ground swimming pool. The pool will be located inside a fenced area which is at elevation 48. The wetland, elevation 42, is 36 feet from the proposed pool at the bottom of a steep, riprapped slope. There are slow leaks that have lowered the level of the current pool, with no much remaining in the pool. MR has asked the applicant for their plan to drain the remainder of the water. MR has also requested a copy of the specs for
the cartridge filter they will be using for the pool. The project as presented should not negatively impact the wetlands. MR does recommend that a siltation barrier be installed along the inside of the fence to prevent any possible sedimentation. MR recommends that the TCC approve this project and issue an Order of Conditions with the attached special conditions. Motion to open the hearing, ST, second EE, so voted. (NK back in) Motion to approve the NOI and issue a standard order of conditions with the following special conditions 2, 3, 4, 5, 19, 21, 24, and 25, EE, second RN, so voted. Public Input: Abutter at 103B Indian Meadow Drive spoke. She does not enjoy having a pool out her front window, as she looks right across the street to their yard with the fence and pool. She is concerned because many times she and other neighbors have chased neighborhood kids out of the pool there now and doesn’t want to have to do
that again, or for anything serious to happen. She is concerned for the wetlands, what kind of filter, will there be backwash? And finally for the welfare of a turtle that they have living out in those wetlands and what this would do to him. She said now if she goes to sell her property, the value will be down because of this view across the street. She really is not happy with the whole situation. She knows nothing can really be done but wanted her feelings out in public record.
Violations
1. 38 Buffington Street. Sue and Ken Duquette were brought in on a violation of putting water on a neighbors property. After much arguing and discussion it was found that the parties do not get along, and both have done things out there on their properties that can and have caused changes to the wetlands. Now the only solution is to have them go back and fix what they have done and allow the wetlands to go back to what they were before and what they should be. The neighbors do not get along and it seems that they’ve been going back and forth about this for years. They have both been seen or been accused of causing
issues on each other’s properties. Motion to dismiss this violation, both parties have been advised on what to do out there, call MR if anything comes up (do not take it into your own hands), a report back to the TCC from MR in 30 days, ST, second NK, so voted.
2. 41 Short Street. Joyce Brooks was present. She has a garage that is falling down. Did put in a claim to her insurance company but they denied it so it has taken her a while to come up with the funds on her own to take care of this issue. She is widowed and is trying to have this taken care of on her own, didn’t mean for it to take this long, but the answer on the claim and then coming up with the funds took her some time. RN advised her on some other ways to find help with something like this. Motion to dismiss, contact MR when the cleanup is all done, continue this to May 2009, ST, second NK, so voted. MR was advised to go to the building department and see what they can do to help with this situation.
3. 70 Weir Street. Motion to continue to May 18, 2009, ST, second NK, so voted.
(ST out)
Other Business
1. Duck Race. Motion to approve, RN, second NK, so voted.
(ST back in)
2. Letter in Joe’s file. Letter to be placed in employee file, what a wonderful, respectful, hard worker he is. Motion to put letter in file, ST, second EE, so voted.
3. Easter Sunrise Mass at Boyden Sanctuary. Motion to approve ST, second RN, so voted.
4. Standard Order Protocol.
5. Fields at Dever School. Motion to send a letter to request that the city keep the fields at Dever School as Open Space for use by the city, RN, second St, so voted.
6. Boyden Sanctuary. Motion to draft a letter to the TRWA that they are responsible for both restrooms, they are both to be kept clean and both be available to the public, if any questions they can contact TCC (decision came about after much discussion, and checking past records in Other Business), RN, second EE, so voted.
7. Check by laws. Further changes to them may be made. RN will get a copy of Easton’s so the TCC has something to compare to when/if making any changes.
Motion to adjourn, ST, second NK, so voted. Meeting ended at 9:57 p.m.
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