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Minutes of the Taunton Conservation Commission August 13, 2012
Present: Chair Brian Marques, Vice Chair Steven Turner, Commissioners Ernest Enos, Debra Botellio, Neil Kelly, and Renwick Chapman. Absent: Commissioner Marla Isaac.
Motion to revert from the regular order of business, DB, second NK, so voted.
Public Hearing
1. 115 Eldridge Street, DaSilva, (NOI), SE73-2505 This project is for the construction of an unattached garage to the rear of the property. The garage will be built on a concrete slab and will be 27 feet from the BVW behind it. The BVW was delineated by Earth Services Corp. on May 10, 2012. MR visited the property on May 17, 2012 and walked the wetland line. MR is in agreement with the placement of the flags and recommends that the TCC approve the delineation as follows: Flags ESC2 to ESC8 with ESC1 for reference purposes only. This property is not within NHESP priority habitat or an ACEC. It is unusual in that behind the house lot is a paper street (Saco St.) and so the Applicant must meet zoning setbacks as if it were a “real” street. This is the main
reason for the garage to be so far from the house, and it is the only logical location, thus the reason why it is just 27 feet from the BVW. The Applicant will be grading behind the proposed garage which will be 22 feet from the BVW. A siltation barrier is depicted on the plan and is the limit of work. There is no alternative to prevent the Applicant from grading so closely to the BVW and within the WPZ. Roof drains are depicted going to drywells and a driveway is shown from the existing driveway to the front of the proposed garage. A dewatering area and concrete washout area are shown on the plan outside the 100 foot buffer zone. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Representative for the owner is Paul Patnaude. Motion to open the hearing, DB, second RC, so voted. Motion to approve the wetland line, RC, second DB, so voted. Paul said
the plan has been revised, they went before the ZBA to get frontage so now garage is further from the wetland. Atty. Fiore was present representing the abutters. Their main concern is how this will affect the trees, vegetation, and topography of this area. They did have more issues before it was moved further from the wetland. Paul said they will have very minimal disturbance as shown on the plan. DB asked if the driveway will be paved? Paul said no stone/gravel, a natural type. A letter was read into the record, in favor of this garage, from abutter Donna Maguzu. Motion to make this part of the record, DB, second NK, so voted. Paul will walk property with the abutters. Motion to approve with conditions 1, 2, 3, 4, 5, 6, 8, 16, 17, 19, 21, 23, 25, 26, 27, 28-applicant will work on vegetation buffer, RC, second DB, so voted. Motion to close the hearing, DB, second ST, so voted.
(NK out)
2. Westcoat Drive, Taunton Municipal Airport, (ANRAD), SE73-2516 Field report states that this filing is for the approval of resource areas delineation at the Taunton Municipal Airport located on Westcoat Drive. MR walked the wetlands with Sean Hale, Epsilon Associates, on August 7th. There was just one decision made in the field and that was to eliminate the “F” series. There were not enough wetland indicators (50% wetland plants) to define it as a wetland. A revised plan showing this field change was submitted via a PDF sent by email which was distributed to Commissioners. Hard copies will be distributed at the meeting.
Wetland Resource Areas that are located within the study area include BVW, ILSF, TOB, LUW, riverfront, and vernal pool habitat.
Series A (A1-A79) is located at the end of the runway to the east and includes a linear swale that runs along the edge of the taxiway. It extends to the fence line. This BVW contains one of the vernal pool habitats. See pages A2.6 and A2.7.
Series B (B1-B80) is a large scrub-shrub and forested wetland bordering a pond and starts near the turf runway running east to meet with series C at Westcoat Drive, south behind the administrative building and meets series E behind the hangars to the south. See pages A2.2 and A2.5
Series BB (BB1-BB34) delineates a vegetated swale along Westcoat Drive and connects with the C Series. See pages A2.5
Series C (C1-C14) connects to Series B flags and runs along Westcoat Drive defining an intermittent stream and BVW swale and thus is a delineation of Top of Inland Bank. See page A2.5
Series D (D1-D4) is a storm water basin connected to Series B by a culvert. See page A2.5
Series E (E1-E24) delineates the southern edge of the same wetland and pond delineated to the north by the Series B flags. See page A2.2
Series F was determined not to be a wetland under any jurisdiction due to lack of sufficient (50%) wetland plant designators and hydrology.
Series G (G1-G19) is an isolated freshwater wetland under the ordinance with ponded water that meets NHESP criteria for certification as a vernal pool. See page A2.4
Series H (H1-H27) is a BVW located along the western fence extending off Airport property. Portions of this wetland held water greater than three foot and met the NHESP criteria for vernal pool habitat. See page A2.4
Series I (I1-I20) delineates a scrub-shrub and forested isolated wetland meeting NHESP criteria for vernal pool habitat. See page A2.4
Series J (J1-J70) is a large scrub shrub wetland on the south side of the airport connecting to Series K to the north of the series and to O in the southwest portion of the series. See pages A2.3 and A2.4
Series K (K1-K18) delineates Top of Bank and Mean Annual High Water of a perennial stream that flows west and south through the airport property. This stream flows along the southwestern portion of the paved runway and along the west side of the turf runway. Portions of this stream were delineated by Horsley Witten under DEP SE 73-2468. See page A2.3
Series L (L1-L20) delineates TOB and MAHW of a perennial stream that flows from outside airport property to the west and seems to end at the unpaved access road embankment adjacent to Series J. See page A2.3
Series M (M1-M25) a scrub shrub wetland, borders the perennial stream under Series L. See page A2.3
Series N (N1-N26) defines a scrub-shrub/emergent wetland associated with L Series perennial stream. Portions of this wetland have been historically altered via constructed berms, ditches, areas of fill and areas of excavation. This wetland extends west and off airport property. See page A2.3
Series O (O1-O9, O1a-O9a) is a scrub-shrub wetland hydrologically connected to both Series J and to Series N via a culvert under the access road. Standing water greater than 12 inches in depth was observed in portions of this system. See page A2.3
Series P (P1-P12) is a forested wetland that extends outside the airport property, with areas of water deeper than 12 inches. It appears to connect to Series J off airport property. See page A2.4
Series Q (Q1-Q19) is located north on Middleboro Avenue. It is an open scrub-shrub wetland and meets criteria for a vernal pool as defined by NHESP. See page A2.1
Series R (R1-R6) is a small isolated wetland at the southeast edge of the airport property and meets the ordinance definition of an ILSF. It was observed to contain at least 3 inches of water August 7, 2012, although the ground was saturated. See page A2.4
MR is in agreement with the delineation performed by Epsilon Associates on November 16-18, November 21 and 22, 2001, and June 18, 2012. As stated earlier, Series F was determined not to be a wetland due to lack of wetland indicators on August 7, 2012. All delineations approved under DEP SE73-2468 were not reviewed for this ANRAD as the ORAD is still in effect. MR recommends that the TCC approve this delineation and issue an ORAD to the applicant. Motion to open the hearing, DB, second ST, so voted. Motion to approve the ORAD, RC, second DB, so voted. Motion to close the hearing, DB, second RC, so voted.
Motion to revert back to the regular order of business, DB, second RC, so voted.
(NK back in)
Continued Certificate of Compliance
1. 695 S. Precinct Street, Poillucci, (COC), SE73-2462 Field report states that this filing is for the construction of a five bedroom dwelling with associated grading and utilities within the 100 foot buffer zone of a BVW. The final home dimensions are smaller than the original plan, thus taking up a smaller footprint and ending up further from the wetland. The septic tank is located on the south side of the house rather than the front and it appears that less grading was required. All problem areas have been addressed- the area to the right of the house (north side) has been stabilized with pea stone. The dumpster has been removed. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second NK, so voted.
Certificate of Compliance
1. 50 Williams Street, City of Taunton, (COC), SE73-2289 Field report states that this project was for the renovation and addition to THS and Parker Middle School. The work included reconstruction of the parking areas and driveways, detention basin, grading and utilities. All work has been completed in significant compliance to the order of conditions issued on 9-26-07. All areas are stable, there is no indication of siltation into the adjacent wetlands by the detention basin, and all catch basins are clear. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second RC, so voted.
2. Hart Street, City of Taunton,-DPW, (COC), SE73-2193 Field report states that this project was for the reconstruction of Hart Street between Alegi Avenue and Williams Avenue. The work included minor widening and alignment, roadway improvement, construction of sidewalks, and drainage system improvements. All work has been completed in significant compliance to the order of conditions issued on 7-20-06. All disturbed areas are stable, and pavement of the road is completed. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second NK, so voted.
3. Danforth Street, City of Taunton-DPW, (COC), SE73-2413 Field report states that this project was for the remediation of an existing drain outfall pipe at the end of Danforth Street into the Mill River as part of the overall Phase VI Stormwater Separation Project. This work included increasing the outfall pipe from 12” to 24”, addition of a subsurface water quality structure and associated flow diversion manholes. A concrete headwall and riprap were added at the end of the new outfall pipe. All work has been completed in significant compliance to the order of conditions issued on 11-4-09. MR recommends that the TCC issue a COC for this project. Motion to issue COC, RC, second DB, so voted.
4. Meadow Street, City of Taunton-DPW, (COC), SE73-2384 Field report states that this project is for the installation of a 250 foot grassed swale to control storm water prior to discharge into the Mill River. This work was mandated by the EPA to reduce the volume of storm water entering the sanitary sewer system. All work has been completed in significant compliance to the order of conditions issued on 5-6-09. There is sufficient evidence that the swale is performing as planned-MR observed street debris caught by the riprap at the edge of Meadow Street as well as the grass showing signs of energy dispersal. The outlet of the swale is free of debris. The silt fence can be removed from the project. MR recommends that the TCC issue a COC for this project. Motion to issue
COC, RC, second DB so voted.
5. 55 Joshua Lane, Marshall, (COC), SE73-2198 Field report states that this project was for the construction of a single family home and garage with associated utilities and grading. MR inspected the property today and observed that all lawn areas are stable and the siltation barrier has been removed. There is no indication of siltation into the adjacent wetland. The only variance from the original project is that the roof drains do not hook up into drywells. This is not a conservation issue as long as extensions are put on the ends of the drain pipes so that water is directed away from the foundation of the house and garage. All other work has been completed in significant compliance to the order of conditions. MR spoke with Mr. Marshall and he will be placing extensions on
the drain pipes per her request. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second RC, so voted.
Public Meetings
1. 20 Lacey Road, Black (RDA), DSE1040 Field report states this filing is for a septic system repair to be located on the east side of the existing home. The wetlands associated with this address are located in the rear of the property. The wetlands were delineated by SFG Associates on 5-11-12 using pink flags 1 through 5. MR reviewed the wetland line on 8-8-12. MR agrees with the placement of the flags and recommends that the TCC approve the line as follows: flags 2-5 with flag 1 for reference purposes only. The existing septic system field and tank will be drained, crushed, and abandoned. A new leaching field will be installed to the left (east) of the house using 6 rows of 6 infiltrator Quick 4 standard LP chambers. The new tank will be installed in front of the house
to the north of the existing tank. A siltation barrier is depicted on the plan following the back corner of the house to the property line. This is to be the limit of work and is located 82 feet from the wetland. The work will be no less than 83 feet from the wetland. This work should not negatively affect the wetland, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Motion to open the meeting, ST, second DB, so voted. Motion to approve the wetland line, ST, second DB, so voted. Motion to approve with conditions 1, 2, 3, 4, 18, 19, ST, second DB, so voted. Motion to close the meeting, DB, second ST, so voted.
2. 200 John Hancock Rd, Kopin Corporation, (RDA), DSE-1041 Field report states that this project is for the construction of a partially enclosed shelter on a concrete pad. A small area of existing asphalt will also need to be upgraded. A previously delineated wetland system is located southeast of the project area. The wetland is accurately displayed and, along with the tree line, follows the edge of the parking lot in the southeast corner. The building will be placed within an area currently enclosed by a chain link fence and graveled, and at the edge of a paved area currently used for three parking spaces. The cape cod berms will be removed as well as the fence and replaced by two chain link fence gates. To the right and left of the pad, two cape cod berms will be
constructed. Crushed stone will be placed around the new pad. All work falls within the 100 foot buffer zone, with the majority of the work outside the 50 foot buffer. The addition of crushed stone to the curved berm at the end of the building will fall within 32 feet of the BVW as will the cutting of the berm. A siltation barrier should be shown on the plan and labeled as the limit of work. The work as proposed should not negatively impact the BVW, therefore MR recommend that the TCC approve the project and issue a negative determination to include the attached special conditions. Motion to open the hearing, DB, second ST, so voted. Motion to issue a negative determination with conditions 1, 2, 3, 4, 18, and 19, RC, second DB, so voted.
2 Railroad Ave., Perry, (RDA), DSE-1042 Field report states this project is for the construction of a 32’ x 14’ deck attached to the rear of the house. The Taunton River flows along the eastern property line and the work will be 78 feet from the river. This property was recorded in 1960, before the Rivers Protection Act and the work is allowed under CMR 310 10.58(4)(d)1.c. The deck will be supported on sona tubes with a gravel foundation under on a previously grassed area. The work as presented will not negatively impact the resource area, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Motion to open the hearing, DB, second RC, so voted. Motion to issue a negative
determination, DB, second ST, so voted. Motion to close the hearing, DB, second ST, so voted.
3. 261 Tremont Street, Roman Catholic Bishop of Fall River, (RDA), DSE-1043 Field report states that this project is for the repair of a failed septic system that services the rectory and church buildings. MR visited the site and determined that the leaching field will be 67 feet from the wetland and the grading will be 48 feet away. A siltation barrier is depicted on the plan and is to be the limit of work. The work as presented will not negatively impact the resource area, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Motion to open the hearing, DB, second ST, so voted. Motion to issue a negative determination with conditions 1, 2, 3, 4, 14, 18, 19, ST, second DB, so voted. Motion to
close the hearing, DB, second RC, so voted.
Continued Public Hearing
1. Prospect Hill Street, Maplewood Builders, LLC, (NOI), SE73-2514 Field report states that this project is for the construction of a single family home with garage, deck, and associated grading and utilities. A wetland delineation approval is also requested. The wetlands were originally approved under SE73-2169, but the authorization ended in March 2011. This property is within NHESP Priority Habitat and a copy of the application was sent out to them. On 7-20-12 NHESP wrote that the project will not adversely affect the Resource Area Habitat of state-protected rare wildlife species nor will it result in a prohibited “take” of state-listed rare species. Any proposed future work will need to be reviewed by NHESP. Since the hearing on 7-9-12, the Applicant complied
with requests made by the Commission to dig additional test pits and the results are on the revised plan. The pits confirmed that seasonal high groundwater elevation, as determined by mottling, was 36” below ground surface (elevation 111). Roof drywells are also added at the four corners of the proposed dwelling. The siltation barrier was adjusted to 44 feet from the wetland in the southwest at flag 104 with the remainder of the barrier 25 feet off the line, and the barrier around the ILSF has been moved to 6 feet rather than 4 feet from the area. Grading for the grassed swale in the east falls within priority habitat to meet the 112 contour. Both swales are more defined than previously depicted. The engineer has depicted work that should not negatively impact the neighboring properties through grassed swales and grading. All water that originally stayed on the property should remain on the property with the proposed dwelling.
MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Abutter Steve Rowell spoke about the water concerns with this property going in. Mr. Rowell was told that the swales will take care of any water from the new construction, not any current water issues. Motion to approve with conditions 1, 2, 3, 4, 5, 16, 17, 19, 21, 23, 25, 26, 27, 28-anything requested/received by NH that is not covered under the above special conditions, RC, second DB, so voted. Motion to close the hearing, DB, second RC, so voted.
1. 596 Tremont Street, Jack Conway Real Estate, (NOI), SE73-2515 Field report states that this project is for the failed septic system following a Title V inspection for the sale of the house. The wetland was flagged by Foresight Engineering on 6-21-12. Because a sale of the property is pending, MR authorized the contractor to begin work on the repair after receiving the Title V report. MR visited the site and walked the wetland line which basically follows the lawn along the west and back of the yard and behind a shed that has been there since at least 2005. MR is in agreement with the placement of the flags and recommends that the TCC approve the wetland line as follows: flags WF-1 to WF-5, and flags WF-6 to WF-9 for reference purposes only. The septic system tanks and leaching
field will be located in front to the west of the driveway. The leaching field will be surrounded by a 40 mil. Liner, and the chambers will be 54 feet from the wetland. Grading will fall within 35 feet of the wetland. A siltation barrier is shown at least 27 feet from the wetland and should be considered the limit of work. The work as presented will not negatively impact the resource area, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Motion to open the hearing, DB, second RC, so voted. Motion to approve the wetland line, ST, second DB, so voted. Motion to approve with conditions 1, 2, 3, 4, 5, 16, 17, 19, 21, 25, 26, 27, RC, second DB, so voted.
Violations
1. 117 Arlington Street. Motion to continue to September 10, 2012, no appearance on that date by homeowner, then on September 11, 2012 issue violation with appropriate fines according to the TCC ordinance, DB, second ST, so voted.
Other Business
1. Request for Weir Park. New Life Center Fundraiser. Use of park August 25 from 3-8pm. Motion to give MR right to approval pending information is given on what they will do in the park, no disturbance or destruction , DB, second ST, so voted.
Motion to adjourn, DB, second ST, so voted. Meeting ended at 8:15pm.
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