Conservation Commission

Minutes of Taunton Conservation Commission March 12, 2018 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Marla Isaac, Richard Enos, Luis Freitas, Jan Rego, and Matthew Haggerty. Motion to approve the minutes of the February meeting, MI, second LF, so voted. Certificate of Compliance 1. 147 Revolutionary Drive, MFR Developing, LLC, (COC), SE73-2183 Field report states that this filing was for the construction of an 18,000 square foot industrial building with office space, parking, stormwater management systems, utilities, associated grading, and a 1,556 square foot replication area within the 100 foot buffer zone of a BVW with intermittent stream. All work has been completed in significant compliance to the order of conditions issued on 10/17/06. All areas are stable and the wetland has more than 75% wetland vegetation. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted. Public Meeting 1. 215 Harris Street, Taunton Public Schools, (RDA), DSE-1168 Field report states that this filing is for the proposed installation of a new synthetic turf baseball field with backstop, dugouts, bullpens, fencing, and netting located at THS and within the 100 foot buffer zone of a BVW. The wetland was delineated by Wetland Consulting Services on 10/8/17. On 2/27/18, MR reviewed the delineation and agree with the placement of the flags, numbered WF-A1 to WF-A34. A majority of the new work and demolition of existing structures will be outside the 100 foot buffer zone. Work falling within jurisdiction includes removal of the scoreboard outside left field, chain link fencing, and lighting. The applicant will be removing the dugouts, concrete walkways, backstop, water shed, and underground utilities. The shed, bleachers, monument, batting tunnels, and right field scoreboard will be relocated. The topsoil and clay infield will be removed within the limits of the new field. The new field will be in-filled turf with a black vinyl-coated fence surrounding it. All new work is outside the buffer zone. MR recommends that the TCC approve this plan and issue a negative determination to  include the attached special conditions. MR also recommends that the TCC approve the wetland delineated, flags WF-A1 to WF-A34. Present Mark and the Athletic Director at THS. This is a 3-4 month process, as long as it goes forward, they should start right away. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, and 19, DB, second RE, so voted. 2. 55 Hewitt Avenue, Kaneb, (RDA), DSE-1165 Field report states that this filing is for the removal of an existing leaching pit and installation of a new septic tank, pump chamber, distribution box, and soil absorption system (SAS). A BVW is located off site to the west and was flagged by George Collins on 2/8/18 numbered WF1 to WF4. The new SAS and reserve area will be on the right side (easterly) of the house and outside the buffer zone. The existing leaching pit is 52 feet from the wetland and will be pumped and filled per Board of Health regulations. The new septic tank and pump chamber will be 65 feet from the wetland (flag 2). The siltation barrier will be the limit of work and at least 51 feet from the wetland edge. The work as proposed will not negatively impact the BVW or adjacent properties, therefore MR recommends the TCC approve the project and issue a negative determination to include the attached special conditions. MR also recommends that the wetland line be approved for reference purposes only. Motion to issue negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 18, and 19, DB, second MI, so voted. 3. Caswell Street (121-6) Lot 3, Coute/Aspen Properties Group, LLC, (RDA), DSE-1166 Field report states that this filing is for the construction of a single family home with deck, driveway, garage, septic system, utilities, and associated grading. The wetlands were delineated by Earth Services Corporation on 3/13/17. There is a non-jurisdictional ILSF, flags D1-D5, along Caswell Street on an adjacent lot to the northwest, a locally jurisdictional ILSF in the front northeast corner of the lot (flags C1-C14), and a small ILSF on an adjacent lot to the southeast of the project. The isolated wetlands within 100 feet of the project do not meet the state’s definition, with just one, Series C, meeting the local jurisdictional definition. These areas are protected but do not have WPZ or buffer zone, although the applicant has shown, and is protecting, the WPZ. A siltation barrier is shown at least 25 feet from the “C” series ILSF and is the limit of work. The property is relatively flat at elevation 43. The septic system leaching field is located in the front yard and will have 5 feet of clean sand starting at elevation 40, washed stone at elevation 45.32, and a finish grade at 48.9. an impervious barrier will surround the field on three sides. The septic tank will be located 11 feet from the front of the proposed house. The cellar floor will be at elevation 344 with the top of foundation at elevation 51.8. Grading along the easterly side of the house will be at a 25% slope. Care should be taken to ensure that this slope is table and not impact the adjacent lot. The house will be 87 feet from the ILSF in the rear, 70 feet from the ILSF in the west and 120 feet  from the easterly ILSF. The work as proposed should not negatively impact the wetlands or adjacent lots. MR recommends that the TCC approve the project and issue a negative determination with the attached special conditions. Present Chris Lewis. How much fill? 1500 yards of fill. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 18, 19, MI, second JR, so voted. 4. 920 Glebe Street, Maldeis, (RDA), DSE-1167 Field report states that this filing is for a septic system replacement. The BVW was delineated by Earth Services Corporation on 2/9/18 with flags WF1A to WF14. The wetland is located on the westerly side of the property. MR is in agreement with the placement of the flags. The new system will be located in the same area as the old, and the new leaching field will be 101 feet from the wetland with grading 88 feet away. The sand layer will begin at elevation 95.2 with the washed stone at elevation 98.4. The finish grade will be at 100.4. A plastic membrane will surround the leaching field. The septic tank and pump chamber will be 101 feet from the BVW. A siltation barrier will be at least 80 away from the BVW and run from the retaining wall to the oak tree in the back yard. The work as proposed will not negatively impact the BVW or adjacent properties, therefore MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. MR also recommends that the TCC approve the wetland line as described above. Mike Patnaude present for the applicant. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, and 19, DB, second JR, so voted. Extension 1. 24 Winthrop Street, Malloch Construction, (EXT), SE73-2612 Field report states that this property is the site of the old Baron Brothers Furniture site that was lost to fire about 11 years ago. It is a .41 acre site with an existing curb on the west side (at the street) of the property and all that remains of the building is a portion of the foundation. The entire lot was previously developed with the building and parking lot, but is now considered degraded. An ORAD was issued on 3/4/15. The project was to construct an office building with parking lot, with stormwater management systems per DEP regulations. No work has been started on this project and the applicant is requesting a three year extension to end on 4/21/21. MR recommends that the TCC issue an Extension for this project with all general and special conditions to be included. Motion to grant extension DB, second MH, so voted. 2. 82 Ingell Street, James Dorsey/Dorsey Realty, LLC, (ANRAD), SE73-2322 Field report states that this project is for the construction of a commercial building, parking lot  expansion, wet pond, and associated grading and utilities. This parcel abuts the Taunton River, is within the FEMA Flood Zone AE at contour 13, and has BVWs along the north and south property lines. The grass swale and wet pond are in the outer riparian zone approximately 126 feet from the river at the closest point. The applicant has redesigned the building resulting in a different usage and reduction of square footage. Although there has been some work on the existing building, the applicant requires more time to have the permitting boards review the new plans. He is requesting a second three year extension to the order of conditions to extend to 3/27/21. MR recommends that the TCC approve the request and issue a three year extension to this filing. James Dorsey present. Motion to grant extension to 4/21/21, DB, second MH, so voted. Continued Public Hearing 1. Run Brook Circle, Aspen Properties Group, LLC, (ANRAD), SE73-2727 Request for a continuance. Motion to continue to April 9, 2018, DB, second MI, so voted. Public Hearing 1. 160 East Water Street, Braga, (NOI), SE73-2748 Field report states that this filing is for the construction of a 24’ x 4-‘ garage to store a motorhome, the majority of which is within the riverfront area of a perennial stream. The Top of Bank and wetland boundary were delineated by Earth Services, and originally approved under file # SE 73-2015. The line has not changed over time. The property has 5,800 square feet of Riverfront Area, and the applicant is allowed to alter up to 10% of the Riverfront Area on the lot. The original plan, dated 2/15/18, showed the garage with an 8ft setback from the rear property line and 165 ft from the perennial stream. This amounted to 652 square feet of alteration. We received a revised plan, dated 3/2/18, showing the garage 11 feet from the rear property line and an alteration of 580 square feet. This alteration is allowed according to the regulations. A siltation barrier is shown along the rear and side property lines and is considered the limit of work. The garage will be built on a concrete slab and at elevation 13.5. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Mike Patnaude present. Motion to approve with special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, and 27, RE, second JR, so voted. 2. Somerset Ave, Bairos/ALE Realty Trust, (ANRAD), SE73-2751 Field report states that this filing is for the Commission’s approval of a wetland delineation at the above  properties. Earth Services Corp. conducted the delineation on 9/29/17 and 2/10/18. Two areas were identified. The first is a BVW located in the northerly portion of the site and flagged with pink flags numbered ESC 1-ESC-7 and ESC 1A- ESC 16A. the second area is a small ILSF numbered ESC 1 to ESC 6. MR reviewed the lines and agrees with the placement of the flags. The ILSF is approximately 1,269 square feet in surface area and seems to meet the local criteria. This is labeled as a potential vernal pool. While walking the site, MR observed a number of areas where clearing occurred within feet of the BVW, especially to the northeast section of the site. The central part of the site is upland that had been historically cleared and there are a number of cart paths running through the properties. These lots are not within NHESP Priority or Estimated Habitat. MR recommends that the TCC approve the delineation as follows: BVW flags ESC 1 to ESC 4, ESC 1A to ESC 16A, and ILSF flags ESC 1 to ESC 6, and BVW flags ESC 5 to ESC 7 for reference purposes only. MR also recommends that the TCC issue an ORAD for this site. Motion to approve and issue an ORAD, DB, second MH, so voted. Mike Patnaude present. Abutters present and spoke at the meeting. Dave Hendricks 883 Somerset Ave. several junkyards have closed in the city due to contamination. How did this site pass? He understands they are only approving the wetland, but feels this is being pushed under the rug. He feels that land is absolutely contaminated. Mike P. said they do have wells out there. Mr. Hendricks said he is aware they have done testing and it came back spotless. He does not believe that is possible. MR said the applicant will have to have documents stating this is true and they will be on the DEP website. She will look into it. Pamela Costa 871 Somerset Ave. She asked how far back the property goes. Mike P. showed her. She is not on the map presented tonight, but did get a letter. ST when/if applicant comes back, make sure at that point they have reached out to neighbors and made sure they are happy. That goes a long way here. 3. Ingell Street, Eng/MassDOT, (NOI), SE73-2749 Field report states that this filing is for the proposed safety and operational improvements including reconstruction of the three at-grade track crossings, upgrades to the existing signal system, and rehabilitation/realignment of two existing yard siding tracks. In addition, an existing track located on property owned by Weir Robertson Limited Partnership will be removed. MasswDOT is the owner and the area is maintained by Massachusetts Coastal Railroad. The proposed work is considered redevelopment within previously developed riverfront area under 310 CMR 10.58(5) and the proposed work on yard 1 is grandfathered or exempted under 310 CMR 10.58(6)(a) in that maintenance is allowed. The site is within Riverfront and BLSF associated with the Taunton River which has the designation Wild and Scenic River. The site is on the south side of Ingell Street, just past the DPW building, with three tracks crossing the street at-grade. The signal controls are located on the north side of the street. The yard has a gravel and dirt surface and  mostly cleared outside of a vegetated buffer separating the slowed and filtered by the vegetated buffer. There are some areas of the yard which have not been maintained and there are piles of old railroad ties and some woody vegetation. The applicant will be reconstructing the track crossings on Ingell Street and will be kept at grade of the paved road. The existing signal system will be upgraded and a paved yard pad will be installed for trucks entering and exiting the yard. This yard pad will measure 65 feet wide at the street, 70 feet wide inside the property and 50 feet deep. The proposed yard pad will be ballasted to assist in stormwater infiltration. There is about 130 feet of yard track 1 that will be rehabbed by removing debris piles and cutting woody vegetation that has impaired this section of track from being used. The applicant will be removing yard track 2 from the Robertson property and realigning it on the subject property. The excavation of the bottom of the ties will be no greater than 6 inches and vegetation will be cleared from the proposed new track area. New bumping posts will be erected at the end of each yard track. The applicant will be removing all trash and debris on the site and along the river. All concrete, debris and any other materials will be removed from the site. The work as proposed will be an improvement to the site and will not negatively impact the resource areas. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Mike Turgen and Peter Cruise present. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, and 27, DB, second MI, so voted. 4. Route 140 & Norton Ave., Delaney/Taunton Dev/Mass Dev Corp., (NOI), SE73-2750 Field report states that this filing is for the proposed installation of a traffic signal, box widening, resurfacing, restriping, and turn lanes at Route 140 North & South, and Norton Avenue. This work is required mitigation associated with the Myles Standish Industrial Park Expansion. These improvements are proposed to improve public safety at this intersection. This project qualifies as a limited project as defined by 310 CMR 10.53(3)(f) as the existing roadway is being improved and the widening of portions of the roadway are less than the width of a single lane. The wetlands were delineated by Green Internation Affiliates, Inc. in 2016 as follows: 1. Wetland B Series: B10B9 located on the northerly side of Norton Avenue and abbuting the Three Mile River: 2. Wetland C Series: C10C7 located on the southerly side of Norton Avenue; 3. Wetland D Series: D1- D7 located on the westerly side of Route 140 and associated with the intermittent stream; 4. Flag 1B Series: 1B-1 to 1B-4 intermittent stream associated with the D Series wetland and flows to the Three Mile River; and 5. MAHW 1-4 along the bank of the Three Mile River to the east of the project. BLSF is associated with the B Series wetland and is within Zone A. Work on the roadway will fall within the buffer zones of the BVW and Riverfront Area, but no work associated with the improvements will occur within the resource areas outlined above. A portion of the work on Norton Avenue will occur  within NHESP Priority Habitat of Rare Species and Estimated habitat of Rare Wildlife. The entire area is within the ACEC of the Hockomock Swamp. The proposed micromilling and resurfacing of route 140 will not result in any additional disturbance beyond the current edge of pavement within the buffer zones. The box widening along the northeasterly side of Route 140 will fall within the 100 foot buffer of the BVW, while the box widening on the southwesterly and southeasterly sides of Route 140 will be outside the buffer zones. Box widening along the northerly side of Norton Avenue will fall within the 100 foot buffer zone, 25 foot buffer zone, and Riverfront Area. The work will not occur any closer to the river than existing conditions. The roadwork within the Riverfront Area includes milling and overlay, box widening, and slope stabilization. Work within the Riverfront Area qualifies as redevelopment under 310 CMR 10.58(5) as the work involves improvement of the existing conditions. Improvements to be made can include replacement, rehabilitation or expansion of existing conditions, overall roadway improvement, and reuse of degraded or previously developed areas. The Final Environmental Impact Report for the Myles Standish Industrial Park Expansion found that the existing roadway and intersection were not sufficient for the proposed project and that traffic improvements were required. The proposed widening, resurfacing, restriping, and addition of a traffic light meet the requirements of the Final EIR. The project will maintain the existing stormwater management systems, or “country drainage”. Currently stormwater runoff discharges via overland flow or through an existing closed drainage system. Compost filter tubes will be used as siltation barriers throughout the project. Once all areas are stabilized, the tubes will be removed. MR recommends that the TCC approve this filing and issue an order of conditions to include the attached special conditions. Tom Bigelow present. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 19, 21, 25, 26, and 27, DB, second MI, so voted. Abutters spoke at the meeting. Mary Barrett 74 Harvey Street. She asked when the project will begin. Bids go out mid to late May, once that process is over and all is approved, they look to start after July. It will take them 4 months to finish. No detour the road will remain open. Continued Violations 1. 39 Cortland Place. Property owner was instructed to go to building department and get approval for everything he has done. Then he needs to come back to TCC. MR told him to come in on Thursday or she will meet him out there. She can explain it to him and they can start from there. Other Business 1. Boyden Gate. ST met with Kevin Scanlon, Marilyn Greene, and MR at Boyden. ST also visited the sanctuary with LF and JR, and a second time with JR. It looks terrible out there. There were at least 30 cars there in the hour they were out there. Lots of people use it but it needs some serious work. They need a gate that closes. ST has a letter for Marilyn. It includes the following: light cleanup perhaps help by the Sheriff’s department that may take about 1-2 days, telephone poles checked out to bring in as barriers instead of the fence that is falling apart (check if ok to use with children present) and if not seek bids for fencing along Cohannet Street and up the driveway, gate estimates (now moving it 30-40 feet from the office and this may make it cheaper, have parking along the side of the drive so if gate is closed, park is still accessible, JR perhaps rocks along side of drive so when parking there it does not get torn up, LF mentioned checking on back gate it should be 3ft of space but looks more like 5ft right now, Motion to approve DB, second MH, so voted. Marilyn had mentioned ACOE to come out and fix trails, this does cost money. ST check WFF and DB will check Friends of Boyden funds. Motion to have signs done for the meeting on 4/9/18 for Ernie and Neil, LF, second JR, so voted. 2. Short Street Conservation Restriction. Motion to accept, MI, second DB, so voted. 3. Land Donation. Tabled for now, it is currently being looked at by City Council. 4. Bunk Pond. Fence along highway is still not fixed. MR call Mass Highway. Motion to adjourn, DB, second RE, so voted. Meeting ended at 8:20pm.