Conservation Commission

Taunton Conservation Commission Minutes October 23, 2017 Present: Chair Steven Turner, Commissioners Luis Freitas, Debra Botellio, Marla Isaac, and Richard Enos. Absent: Vice Chair Neil Kelly, and Commissioner Ernest Enos. Motion to table the minutes from the September meeting until 11/13/17, DB, second MI, so voted. Public Meeting 1. 105 Frazier Pasture Road, Arieta, (RDA), DSE-1160 Field report states that this project is for the installation of an 8’ x 12’ shed in the rear of the property and within the buffer zone of an isolated wetland. The wetland line was previously approved under DEP # SE 73-2403 in October, 2009. There has been no change to the wetland area. The shed will be placed on concrete blocks and will be 40 feet from the isolated wetland and 33 feet from the house. The area is currently a fairly level area where a pre-existing path through the woods exists. The Applicant is also planning to place peastone under the area as well. The work as proposed will not negatively affect the wetland area, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Present the homeowners Jacklyn and Tom Arieta. Motion to approve with special conditions 1 and 18, DB, second LF, so voted. Extension 1. Lake Sabbatia, MA DCR, (EXT), SE73-2592 Field report states that this filing was for the approval of an annual drawdown of Lake Sabbatia for invasive aquatic weed control and protection of shoreline and structures from ice damage. The drawdown will allow for control of nuisance and invasive aquatic weed control in the lake as well as protect the shoreline and structures form ice damage. The drawdown will also provide residents the opportunity to clean up the shoreline near their homes, maintain their shoreline and make repairs to their docks. This will also provide additional flood attenuation during the early spring rains, and provide DCR the opportunity to inspect Morey’s Dam and provide maintenance as needed. The Applicant is requesting a three year Extension in  order to continue the drawdown procedures. MR recommends that the TCC approve this request and issue a three year Extension to the order of conditions, effective through 11/19/20. Present Michele Simoneaux and Anders Bjarngard. Brad Chase sent an email from the Department of Fish and Wildlife which was read into the record. Brad had some issues with the exact dates they had chosen for drawdown and refill. They agreed to his suggestions. Told to keep MR in the loop as to when they begin drawdown and refill. Motion to extend the order of conditions and approve dates as follows, around approximately 10/15 or later depending on weather, the drawdown will begin, refill will start up on 3/15 and hope to have it to full capacity by 4/15, all depending on the weather, put electric sign up at Andy’s Market with the dates so all abutters will be aware, DB, second RE, so voted. Eddie Pimental abutter 128 Lakeview Place. His concern is when will they be notified of when the drawdown starts, he has his boat in the water and would like time to remove it. That is when ST requested the sign at Andy’s be put up to notify abutters. Continued Public Hearing 1. 170 Norton Ave., Melo, (NOI), SE73-2728 Proposal for a garage 23 feet from the wetland. Siltation barrier is 9 feet from the wetland. The house was built in 1976, blacktop is already present, the current homeowners have owned it for 2 years. The garage is grandfathered in, built before WPA. Present Karen Patenaude, and homeowners Terry & Tony Melo. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 19, 21, 24, 25, 26, and 27, LF, second RE, DB opposed, motion carries 3-1. Public Hearing 1. Caswell Street (110-84), Dutra, (ANRAD), SE73-2730 Field report states that this filing is for an approval of delineations of wetland resource areas at Caswell Street (110-84), which is a 12 acre lot located on the east side of Caswell Street and accessed between #397 and 401 Caswell Street. It abuts airport property to the southeast and cranberry bogs to the northeast. The wetlands were delineated by Karon Skinner on 12/2/16. MR reviewed the wetland delineations on Wednesday, 10/18/17. Ms. Skinner delineated 4 wetlands: i. WF1 to WF20 delineates a large forested wetland system at the rear of the property line (northeast) that extends towards the bogs and airport  property and is associated with a perennial stream (Second Brook) to the east and on airport property; ii. WFB1 to WFB6 is to the north and is associated with an intermittent stream; iii. WFA1 to WFA31 is about 365 feet inside the property and 35 feet east of wetland “C”. It is a system with very high banks, and contains standing water to the south where it continues onto airport property; and iv. WFC1 to WFC10 is 320 feet into the property with steep banks and well- defined channel. The topography of the area is varied and there are numerous ATV trails throughout the property. While walking the line for Wetland “C”, MR determined that wetland “C” and “B” are connected by a channel that varies in width from 12-18 inches. There is an 18” berm just before wetland “C” that would be overtopped during heavy rain events. MR believes that flag WFC1 should continue on to WB3 and flag WF10 continue to WB2. While assessing Wetland “A”, it looked as if there was a connection/channel between Wetlands “A” and “C” from WFA18 and WFA19 to WFC2 and WFC3, especially during heavy rain events. MR would connect WFA18 to WFC2, and connect WFA19 to WFC3. MR recommends that this filing be continued to 11/13/17 meeting so that a meeting could be arranged to discuss and clarify the delineations in the field. Present Rui Dutra and Frank Gallagher. Motion to continue to 11/13/17, DB, second ST, so voted. ST asked Mr. Dutra to speak with the abutters before they come back before TCC. 2. 506 Hodges Street, Chapman, (NOI), SE73-2732 Field report states that this filing is for a septic system upgrade which falls within the 100 foot buffer zone of a swale associated with a BVW. The BVW was flagged by Robert Gray, Sabatia, Inc. on 8/14/17 using flags WF-1 to WF-5. The wetland is associated with a swale that conducts stormwater from the two abutting properties to a manhole at the end of the street. The wetland/swale area is a narrow, linear system that originates to properties in the rear. Two new septic tanks, 1,500 gallon and 1,000 gallon, will be installed in the rear of the house and will be within 38 feet of the edge of the wetland line. The leaching field will consist of 4 rows of Quick4 chambers situated directly behind the existing deck and 51 feet from the wetland. A 40 mil liner will be placed around the field and grading for the SAS will be 42 feet from the wetland edge. A siltation barrier is depicted on the plan and is at least 10 feet from the wetland. MR recommends that straw wattles or equivalent be used instead of haybales and silt fence. The work as proposed will not negatively impact the wetland or adjacent properties, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. MR also recommends that the wetland delineation be approved as discussed above. Daryl Medeiros present. Motion to approve with conditions 1, 2, 3, 4,  5, 8, 17, 19, 21, 25, 26, and 27, DB, second MI, so voted. The old system will be abandoned, nobody knows exactly where it is and they will crush and cave in the old tank. 3. 1580 Glebe Street, Faria, (NOI), SE73-2731 Field report states that this project is for the construction of a single family home with attached garage, 16’ x 40’ in-ground pool, grading, septic system, and utilities. The wetlands were delineated by Karl Drown on 9/24/17. One wetland, located on an adjacent property, was flagged but the owner removed the flags. A second BVW was flagged along the southwesterly property line, orange flags WF 1 to WF 9. The entire site is also within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. On my site visit on 10/12/17, MR discovered an additional wetland depressional area that is fed by the delineated wetland. A channel created by an ephemeral stream feeds the depressional area which fills and holds water as evidenced by water marks on trees within the area. MR met with Mike Patneaude, Engineer with Earth Services, Corp., and walked this area. He revised the plan to depict this area which is on an adjacent lot in the town of Rehoboth. The addition of this area will not alter the plan, as work will be outside the 25 foot WPZ. A siltation barrier (noted as the limit of work) is depicted along the westerly property line (42 feet) and at least 25 feet from the BVW to the southwest. The proposed house will be 91 feet from the wetland to the west, and 60 feet from the westerly BVW. Grading falls within 30 feet of the wetland areas. The siltation barrier should be extended north along the easterly property line to protect the additional wetland area. The driveway, garage in the front of the lot, and a majority of the septic system are outside the 100 foot buffer zone. The well will be outside the buffer zone and will also be 104 feet from the SAS. The dewatering and concrete washout areas are both outside the buffer zone. There have been concerns brought up that the Applicant cannot build a house or put in a septic because they are within a Surface Water Protection Area. Nowhere in the regulations does it state that a home cannot be built within this area, nor does it state that a septic system cannot be built. The regulations are written for commercial enterprises. The Board of Health regulations does not prohibit building a system within this area, but there are restrictions as to the design of the system. This is not in a coastal zone, velocity zone, or regulatory floodway. The site is not within 200 feet of a perennial stream, and no ponds or lakes are in the vicinity. The home will be more than 600 feet from the tributary to the Segreganset River. The work as presented will not negatively affect the wetlands or adjacent properties, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. MR also recommends that the TCC approve the wetland to the southwest, flags WF-1 to WF-9. Karen Patneaude present along with Craig Faria the homeowner. DB wants to continue this so they can walk the area. They  are placing a house on a slab with radiant heat so no foundation/basement. Motion to continue to 11/13/17, site walk to be planned now with owner’s permission, and information from DEP be sent to TCC members as soon as it is received, DB, second MI, so voted. 4. S. Precinct Street Lot 4A, Eastside Development, LLC, (NOI), SE73-2733 The field report states that this project is for the construction of a single family home with driveway, attached garage, septic system, utilities, and grading. The wetlands were flagged by Walter Hewitson and approved under DEP SE73-2697 on 3/7/17. A siltation barrier, shown to be at least 12 feet from the wetland along the driveway and at least 25 feet along the remainder of the wetland, will be the limit of work. The house will be 57.9 feet from the wetland while the leaching field will be 104 feet away. The driveway will come to within 13 feet of the wetland. The driveway will follow the current gravel cart path to the house location. The house will be serviced by city water, and the water and electric services will tie in from the road to the house via the driveway. The soil absorption system SAS and reserve area will be outside the 100 foot buffer zone. The work as proposed should not negatively impact the resource area, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Robert Crowell and Mario from Eastside Development, both present. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 15, 17, 19, 21, 24, 25, 26, 27, and 28 no pool within the 100 foot buffer, DB, second LF, so voted. Abutter Roland Desrosiers 841 S. Precinct Street. Concerned with how water currently pools there and culverts onsite are blocked. What will happen with all this? He has no issues with the house going in just water concern. Owner of property will have a look at the culvert with Roland, a box culvert will be put in to alleviate water pooling but nothing will affect the stream. Violations 1. 39 Cortland Place. In 2016 outdoor man cave was built, including a shed, pool and gazebo. It has since expanded and they are in violation. They were told to be here tonight but did not show. Motion to continue to 11/13/17, send a letter telling them they must be present at the meeting on 11/13/17 and if they do not show, fines will begin, DB, second LF, so voted. Other Business 1. Boyden Trees.  2. ST signed papers for peer review. 3. ST signed papers re: Golf Course 4. DB change to wording in by-law. DB will send the proper wording to MR so it can be properly advertised. 5. Telsi Property and Briarwood Drive. Law Dept told ST make this motion that will follow and get things moving on fixing the neighbors issues caused by Mr. Telsi. Motion to ask both abutters to get 3 bids for the damage done to their property by Shawn Telsi, ask that the limit be $7500.00 total for both properties, DB, second MI, so voted. WFF account has $78,000.00 in it and it can be used to cover something like this. Re: the pipes that were laid, there was no easement signed or recorded. The ZBA has not yet pulled the bond back. Motion to adjourn, DB, second MI, so voted. Meeting ended at 8pm.