Conservation Commission

Minutes of the Taunton Conservation Commission September 17, 2018 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Jan Rego, Marla Isaac, Richard Enos, Luis Freitas, Matthew Haggerty. Motion to approve the minutes of the July and August meetings, DB, second MI, so voted. Certificate of Compliance 1. 110 Prince Henry Drive, Tribe Mediterranean Foods, Inc., (COC), SE73-2445 Field report states that this project was for the proposed expansion of the existing building to include the construction of an 18,950 square foot single story addition to the warehouse and an 8,200 square foot single story addition to be used as office space. Additional parking and access drives were also to be constructed. No work was ever started on this project and the order of conditions has lapsed. MR recommends that the TCC issue a COC to close this filing. Motion to issue COC, DB, second JR, so voted. 2. 345 John Quincy Adams Road, John Quincy Adams, LLC, (COC), SE73-2172 Field report states that the original project was to construct a 38,250 sf building addition with related parking, site grading, and stormwater controls. An extension was requested due to economic circumstances, and granted. Only a portion of the proposed work was completed- a 16,100 square foot cold storage building and one of the three proposed recharge basins (south of the new building). The new building is significantly smaller than proposed and the basin is appropriately sized to meet stormwater requirements. The rear yard remains gravel. All work completed was constructed in substantial compliance to the order of conditions issued on July 20, 2006 and later extended on June 24, 2009. MR recommends that the TCC issue a COC for this project. Motion to issue COC, DB, second RE, so voted. Public Meeting 1. 17 Fisher Street, COT/Golf Commission, (RDA), DSE-1181 Field report states that this filing is presented to fulfill mandatory requirements of NHESP for the Golf Course Expansion Project. This element entails a Habitat Management Plan within the Westville Conservation Area, adjacent to the Three Mile River. The plan is to establish  and manage habitat to be used by Blanding’s, box, and wood turtles for nesting, foraging, and sheltering. The project is to remove unsuitable vegetation followed by annual or biennial late-season mowing in Fields 1-5. Field 6 will be a Nesting Management Area (NMA) and will undergo initial vegetation removal followed by the addition of sandy soils and nesting habitat creation and maintenance. This is an appropriate use of the Westville Conservation Area and has been approved by NHESP. Both properties abut the Three Mile River, which makes this a win-win situation with the golf course expanding and the conservation area being maintained. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Gilbert Alegi present representing the golf course commission. (MH arrived at 6:36). ST asked that they keep in contact with MR throughout the project. Motion to issue a negative determination with special conditions 1, 2, & 20-follow attached habitat management plan, DB, second LF, so voted. 2. 75 Diniz Drive, Donovan, (RDA), DSE-1182 Field report states that this filing is for the installation of a French drain within the existing culvert with pipes connected to the downspouts to take water away from the house. The applicant wants to decrease the water issues in his basement due to poor drainage and vegetation. The water, which is clean, will be directed toward the wetland. The work as proposed will not negatively impact the wetland, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Tom Donovan present. Motion to issue a negative determination with special conditions 1, 2, 3, 4, DB, second MI, so voted. 3. South Boundary Road, Hawthorne Development, (RDA), DSE-1183 Field report states that this request is for the proposed extending of an existing sewer main within the right of way (ROW) of South Boundary Road. The sewer main will run 1,532 feet along South Boundary Road from Jessie Lane to 100 feet from Bassett Street. There is a large wetland system along the roadway that was delineated by Christoper Capone, but MR found only one flag. The wetland edge is basically the toe of slope and is clearly defined. A siltation barrier is shown running the length of the project site. The work consists of adding a 2 inch sewer force main along the ROW 12 inches from the edge of pavement and 18 inches deep. This work will be within the buffer zone of the wetland and will come to within 8 feet of the flagged edge of wetland. 310 CMR 10.02 (2)(b)1. & 2. States that minor activities do not require the filing of a NOI provided that the work is solely performed within the buffer zone and protect that resource area from adverse impacts during construction and post construction. The applicant will erect siltation barriers and all trenches will be closed at the end of each workday. Although this project does not quite fit the parameters of 310 CMR 10.02(2)(b) 1 & 2, it meets the  requirement of 310 CMR 10.02(2)(b)3, which states that “Activities within the buffer zone which do not meet the requirements of 310 CMR 10.02(2)(b) 1 & 2 are subject to preconstruction review through the filing of a determination of applicability to clarify jurisdiction…”. The proposed work should not negatively affect the resource area as the disturbance/construction is temporary in nature, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. John Garanito applicant and John DeSousa from SeaCoast Consulting. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, 19, DB, second LF, so voted. 4. 130-132 Worcester Street, Crowley, (RDA), DSE-1184 Field report states that this filing is for the installation of an overflow pipe with rip-rap from the subsurface drainage system within the 100 foot buffer zone of a BVW. The wetlands were previously approved and an ORAD issued on 12/10/14 and Extended to 12/10/18. The entire property is within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. The applicant has sent a copy of this project to NHESP but no letter has been received as of this writing. A condition of approval will be to only release the determination upon receipt of the letter. The overflow pipe and rip-rap are the only elements within the 100 foot buffer as work pertains to the roadway (individual house lots will file separately). The 30 foot 8” HDPE overflow pipe will end 75 feet from the wetland while the rip rap bed will be approximately 69 feet away. A siltation barrier is shown on the plan and will be considered the limit of work. Once installation is completed, exposed surfaces will be graded, loamed and seeded. The work as proposed will not negatively impact the BVW, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Brad Fitzgerald present. Motion to issue a negative determination pending letter from NHESP, with special conditions 1, 2, 3, 4, 14, 18, 19, 20-NHESP letter must be received prior to release of determination, DB, second MI, so voted. 5. 289 Tremont Street, Curley, (RDA), DSE-1185 Field report states that this filing is for the installation of a new septic system which is within the 100 foot buffer zone of a BVW and 100 foot Riverfront Area of the Three Mile River. Wetland flags WF1 to WF3 define the edge of wetland and the MAHW. The existing cesspool will be removed and replaced with the new system. There will be at least a five foot separation from the groundwater table to the bottom of the system and the leaching field will be at least 52 feet from the wetlands/bank. According to 310 CMR 15.211, the soil absorption system should not be within 100 feet of the MAHW line unless there is no alternative location which conforms to the code. This is the case with this project. The SAS will be 52 feet away, but because the previous system was constructed prior to the effective date of 310 CMR 10.00 and has no available alternative location, the Board of Health has  approved the location of the system. A siltation barrier is shown at least 51 feet from the wetland/MAHW line and is considered the limit of work. There will be no stockpiling of material, use of equipment, or any other disturbance within the 50 foot buffer zone. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Dave Oberlander present. Motion to negative determination with special conditions 1, 2, 3, 4, 14, 18, DB, second RE, so voted. Public Hearing 1. 895 Somerset Ave., Bairos/A.L.E. Realty Trust, (NOI), SE73-2767 Motion to move to the end of the meeting, DB, second LF, so voted. 2. Route 24 & 140, MassDOT, (NOI), SE73-2769 Field report states that this filing is for the geotechnical borings to be conducted within the BVW and Riverfront areas in order to determine and evaluate subsurface conditions within the area of the Route 24/140 Interchange improvements. These borings will assist engineers in determining what design and infrastructure improvements are needed to improve the geometry, safety conditions, and traffic operations within the interchange. Wetland resource area boundaries were reviewed and approved, and an ORAD was issued on April 11, 2016 (SE73-2647). The project site does not fall within NHESP Priority or Estimated Habitats and there are no vernal pools within the site. In addition to BVW, the Cotley River flows south to north within this area. Four geotechnical borings will need to be located in BVW, Wetland Series 10. There will be one boring within the 200 foot Riverfront Area with up to 17 additional borings within the 100 foot buffer zone. One boring is planned just outside the 100 year floodplan. In accordance with the WPA, the boring work within the Riverfront Area and buffer zone are exempt, are minor activities, and are temporary in nature. 310 CMR 10.02(2)(b)(1) states: Minor activities within the buffer zone and outside any areas specified in 310 CMR 10.02(1)(a) through (e) are not subject to regulation under M.G.L. 131 40…..g. Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g. installations of monitoring wells, exploratory borings, sediment sampling and surveying). The Applicant will be using Terra Mats or a similar product to support the drilling equipment in order to prevent compaction and rutting. An ATV with rubber tracks and mounted with the drilling equipment will be used and the wetlands will be protected from the boring sites either by straw bales or wattles. Hollow steam augers will be used and borings will be conducted up to a depth of 30 feet. Wash generated during the borings will be directed to sedimentation basins or a fractionation (frac) tank or tub to allow  settling of sedimentation prior to discharge to the sedimentation basin. Tailing or soil cuttings, will be collected and either returned to the borehole or disposed offsite if there is any presence of hazardous materials. Once completed, all areas will be stabilized. All disturbances will be short term and temporary. If equipment is unable to pass through vegetated areas without clearing, small diameter trees may need to be cut. No equipment containing gasoline, oil and/or hydraulic fluids will be stored or refueled within the BVW. Spill materials will be on hand for any accidental release of fluids. This work is necessary in order to gather necessary information for the design of the Route 24/140 Interchange Improvement Project and meets the state’s performance standards within the resource areas. The work is temporary and alteration to the BVW will be limited. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Susan McArthur, Alissa Jacobs, and ? present. Motion to approve with special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, and 28-request for possibility of additional boring approved but must contact MR prior, DB, second MI, so voted. 3. 16 Mozzone Blvd., Commonwealth Alternative Care, Inc., (NOI), SE73-2770 Field report states that this filing if for the renovation of the existing building and expansion of the parking lot. Work within the buffer zone includes parking and landscaping, fencing, grading, and parking lot berms. A portion of the proposed loading dock and walk in freezer will also fall within the 100 foot buffer zone. Grading and fencing will fall within the 25 foot WPZ and the Applicant has provided a 1,177 square foot area as restoration for the 25 foot WPZ. A portion of the project meets the requirements of a redevelopment project and DEP stormwater management standards are met. The wetland runs between the property lines of #16 and #30 Mozzone and was approved under filing SE73-2696 in 2017. MR recommends that the TCC approve the line. The landscape plan incorporates the wetland restoration area by providing vegetation that meets the requirements of Planning and Conservation. The parking lot berms will also provide vegetation per planning requirements. A siltation barrier is shown on the plan and follows the edge of the wetland for approximately 250 feet, and then follows the 25 foot WPZ. The detention basin will provide extended detention time in order to provide additional time for setline prior to discharge and will also provide attenuation for large storm events. The proposed stormwater management systems will meet or exceed the required 80% removal rate. The applicant has provided an O&M plan once all work has been completed. The project 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. Rich Riccio present. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 19, 20, 21, 25, 26, and 27, MI, second MH, so voted. 4. 30 Mozzone Blvd., Commonwealth Alternative Care, Inc., (NOI), SE73-2771 Field report states that this filing is for the proposed renovation and expansion of an existing 23,700 square foot portion of an existing building which is currently unoccupied, and the construction of a 4,390 square foot stand alone building, to include parking and loading areas. The wetland area connects with #16 Mozzone Boulevard along the easterly side property line and extends down to the southerly area, flags WF16-WF21, and WF1-4-WF1-8. A small area of the proposed 23,700 sq. ft. building, parking area, berm, and pavement fall within the 100 foot buffer zone, the closest area, of which, is at 87 feet. A 3,200 sq. ft. equipment pad is 47 feet away. To the east, the proposed dumpster pad, adjacent to an existing concrete pad area inside the 25 foot WPZ, while the proposed equipment is 27 feet from the edge of the wetland. The 4,390 sq. ft. stand alone building, the majority of parking area, and the detention basin expansion, are outside the 100 foot buffer zone. The stormwater management system meets DEP’s standards and has also been approved by the city engineer. Stormwater runoff will be captured and directed to either a bioretention area or grass swale prior to discharge. There are riprap pads at the outflows to decrease erosion. The work as proposed will not negatively impact the adjacent wetland system or adjacent properties, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Rich Riccio present. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 9, 11, 19, 20, 21, 25, 26, 27, LF, second JR, DB voted No. Motion carries. 5. 61 Summer Street, Coyle School Residences Ltd., partnership, (NOI), SE73-2768 Field report states that this filing is for the redevelopment of the former Taunton Catholic Middle School and converting the building and grounds to 50 multi family apartments. The Mill River abuts the southerly property line and the resource areas were delineated CHA Consulting, Inc. in December, 2017. The resource area is Inland Bank to a perennial stream (Mill River) and was flagged using blue flags marked CHL 1 to CHL 42. The property is also within FEMA flood plain zones AE (elevation 12) and Zone X. The property currently contains developed areas including the existing building, parking lots, and baseball field. The current disturbed area is 19,500 square feet of impervious surfaces and 91,900 square feet of pervious area. The proposed work will result in a net decrease in impervious area by 5,170 square feet. In the Inner Riverfront Area there is currently 7,100 sq. ft. of impervious surface. The project will result in just 130 sq. ft. of impervious-a reduction of 6,970 sq. ft. Within the outer Riverfront Area there exists 12,400 sq. ft. of impervious surfaces which will be increased by 1,800 sq. ft., a net reduction of 5,170 sq. ft. The site falls within the FEMA 1% chance flood hazare (AE, elevation 12) as well as Floodway Areas in Zone AE and there is work proposed within this area, so the project includes compensatory storage. The project will mitigate the  loss of flood storage and will not result in any increase in flood levels. There is no proposed increase in flood elevations and no loss in flood storage capacity, and will provide greater flood storage than the existing conditions. Two bioretention areas are proposed as well as an underground infiltration/detention system within the westerly parking area. A grassed swale will direct sheet flow from the driveway to a hill south of the parking area. Siltation barriers are shown on the plan and will be the limit of work. The project as presented will not negatively impact the resource areas or adjacent properties, and will improve conditions, overall. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Don Rose present from CHA Consulting. Commission has issues with the parking lot expansion out behind the building. The flooding out there could cause some major issues related to parking, vehicles leaking and then making its way into the river. They need to look at this again and see what can be done, work with Planning Board, etc. Motion to continue this to 10/15/18, send letter to Planning Board with concerns regarding the parking lot expansion out back and issues with oil and other vehicle leakage into the river if there is flooding, DB, second RE, so voted. Violations 1. 554 Hodges Street. Thomas and Renee Hubbard present. They are the property owners. Mr. Hubbard said before he purchased the property he visited with MR at the office to make sure the land did not have any wetlands. The land was cleared and now there is an issue with an ILSF on 516 Hodges and this property. Mr. Hubbard said he hired someone to come spread woodchips but stated he told them to stay away from that spot. They did not listen and filled the area of the ILSF. It cost him and his wife $1000 of heavy equipment and lots of hard work to clear the spot where the woodchips filled the hole (ILSF). They did not intentionally do this. They did not intentionally have it clear cut. They have worked very hard to clear this land and make it nice. Original plan was to clear and build way out back, now with so many issues they have drained their savings and they are stuck. Mr. Hubbard said he has asked neighbors to come forward to support him but they claimed they were approached by another neighbor who accused him of putting hazardous material on the property. Hubbard claims he has not, all the materials were purchased from reputable companies and he has the receipts to back it up. He claims this is slander and has an attorney looking into it. ST asked MR is anything on record regarding hazardous materials on this site? She said no. MR said the violation is all cleared up and recommends they put in siltation. Hubbard said they did, DB asked if it was staked down, it was not so they were asked to stake it down  before the expected rain. Hubbard feels the water in that spot is only sitting there due to a culvert that has never been maintained by the city. MR is now waiting for response from NHESP. Motion to send a letter to the DPW to please go out and check out the culvert between 516 & 506 Hodges Street, it may need clearing, DB, second HM, so voted. Abutters: Gwen Borden 222 Round Street. She said nobody made statements that it was hazardous waste, they questioned whether it could be. The concern was not in trying to cause issues with their neighbor, but due to the fact that all the abutters have wells. If there was any hazardous materials the wells could be greatly affected so they were worried. She also stated his land has been built up with all the fill coming in. It is multiple trucks a day. DB asked if land level has increased? Mrs. Borden said yes. Stumps have been covered too. ST said that is out of TCC jurisdiction. Hubbard said in his first four months there, Borden’s son pushed dirt onto his property. Hubbard put up no trespassing signs and the son approached him in a threatening manner. Abutter Bruce and Helen Pontes 516 Hodges Street. They said the gully (culvert) along the side of their property has not been maintained. They have made numerous requests but nothing has ever been done. DB said a motion has been made to ask the DPW to go out. Pontes said he is concerned too about hazardous waste. He said water was flowing from Hubbard’s property to their land. The water had a film on it and a smell. ST told him next time that occurs, call Board of Health and they will come out to do a water sample. MI said NHESP needs to tell us what species are there before anything can move forward. Abutter Steve Leskoski 260 Round Street. He was just a concerned abutter. There has been work going on out there and all the residents have concerns. Motion to continue the violation to 10/15/18 until the TCC receives a letter from NHESP, DB, second RE, so voted. 2. 28 Connie Street. Marsha DeMattos present, homeowner. Put up a gazebo about 20 years ago. It was just noticed by a surveyor who let MR know. It is up on blocks surrounded by water in the middle of the wetlands. It’s not causing any issues or problems. Dan Moriarty present, neighbor who helped them build it. Motion to continue to 10/15/18, MR will go out there and make a recommendation at the next meeting, DB, second MH, so voted. Public Hearing 1. Leona’s Lane, 895 Somerset Avenue, SE73-2767 Field report states that this filing is for the construction of the detention basin and grading in association with the construction of the subdivision roadway. Individual house lots within the buffer zone will file separately. The wetlands were approved and an ORAD issued on 3/16/18 (SE 73-2751).  The majority of the grading will be outside the 100 foot buffer zone; however it will fall within the buffer zone but outside the 25 foot WPZ on lots 4, 5, 7, 8, and 10 through 12. On lot 6, grading for the emergency spillway and riprap falls within 10 feet of the wetland. An erosion control barrier is shown on the plan and will be the limit of work. The work as shown will not negatively impact the wetlands or neighboring properties. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Karen Patneaude present. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 9, 11, 19, 21, 25, 26, and 27, LF, second JR, so voted. (JR stepped down) Other Business 1. 165R Hart Street. MR has not heard anything new. They are still going ahead with the purchase. ST knows they have been in contact with DEP. (JR back in) 2. Letter from Attorney Buffington. Re: the Dutra Property 3. Boyden Event. 4. Marilyn Green-plantings. What trees would TCC like along the roadway at Boyden? Oaks and Maples, alternating each along the sides. 5. Craig DeMoura re: Sabbatia Lake. He has the plate number of the person who may be practicing aquatic hitchhiking. 6. IPADS. Motion to look into pricing for 8 or 9 IPADS, JR, second MH, so voted. Motion to adjourn, DB, second MI, so voted. Meeting ended at 9:02pm.