Conservation Commission

Minutes of the Taunton Conservation Commission October 15, 2018 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Richard Enos, Jan Rego, Marla Isaac, and Matthew Haggerty. Absent: Commissioner Luis Freitas Motion to approve the minutes of the September meeting, DB, second MH, so voted. Motion to go out of order to hear from Mr. Paul Arikian regarding tablets for the TCC, DB, second MI, so voted. Paul feels this is a good idea, it saves time and paper. He will look into the best products and report to MH with all of the information. Motion to have Paul send MH the numbers, info, a spec sheet, etc, so the TCC has it all for the next meeting on November 26, 2018, MH, second RE, so voted. Continued Certificate of Compliance 1. 840 S. Precinct Street (Lot 4B, 121-38), Eastside Development, LLC, (COC), SE732708 Field report states that the filing was for the construction of a single family home with driveway, attached garage, septic system, utilities, and grading. A wetland crossing was constructed along with a replication of 4,292 sq. ft. The crossing consists of a box culvert spanning the width of the driveway. The house has been constructed and lawn areas have been seeded as well as the banks along the driveway. The lawn has not grown in sufficiently to be considered stable and the areas of erosion along the banks of the driveway MR mentioned in the last field report are more stable; however, the straw wattles and the eroded soil remains in the wetland area. The replication area is stable and is growing in. There is evidence that people from the state park are continuing to ATV through the area. MR recommends that the contractor remove the siltation barrier and soil from the wetland (BY HAND) and that a barrier be erected at the property line to prevent trespass through the wetland. MR recommends that this filing be continued to 11/26/18 so that the contractor can loam and reseed the lawn areas, clean up the wetland on both sides of the culvert, and install a barrier at the property line with the state park. Builder has asked to be allowed on the property to fix the issue, owner refuses to allow him. This is stopping him from getting the COC closed out. He says his hands are tied. Also having issues with bikers going through the back of the property. Was told by a group that this trail runs right through there and is handed out as a trail map by local bike shops. He had no map with him to show TCC. Motion to continue to 11/26/18, MR will take a ride out there the week before the next meeting to check the lawn, if still issues there TCC will speak with the Law Department, JR, second MH, so voted. 2. 830 S. Precinct Street (Lot 4A, 121-38 & 46), Eastside Development, LLC, (COC), SE73-2733 Field report states that this project was for the construction of a single family home with driveway, attached garage, septic system, utilities, and grading. All work has been completed on this project but the lawn, although hydroseeded, still has not fully grown out. MR recommends over-seeding the lawn and to continue this filing to 11/26/18 hearing date. There is a shed in the backyard that is outside the buffer zone but there is no record of gaining a building permit  prior to installation. MR recommends that the owner apply for a building permit and follow procedures relating to the permit. Motion to continue to 11/26/18, RE, second JR, so voted. 3. 133 Donna Terrace, Figueiredo, (COC), SE73-2718 Field report states that this filing was for the construction of a single family home with deck, driveway, utilities, and associated grading. The lawn areas still have bare patches with no seed visible. MR spoke with the contractor and requested that more seed be laid down. There were a number of areas along the ditch where siltation occurred. The ditch has been cleared of the sand and soil noted in the previous file report. MR recommends that the TCC continue this filing to 11/26/18 meeting date. Motion to continue to 11/26/18, DB, second RE, so voted. 4. 590 Somerset Ave., Heritage Operating LP d/b/a Metro Lift Propane, (COC), SE73-2273 Motion to continue to 11/26/18, DB, second MI so voted. Applicants have been asked numerous times to attend the meeting to speak with TCC. Motion to begin fines as of 10/15/18, JR, second DB, so voted. Certificate of Compliance 1. 85 Clifford Street, Figueiredo Builders Group, (COC), SE73-2752 Field report states that this filing was for the construction of a single family home with deck, garage, utilities, and associated grading. All work has been completed in significant compliance to the order of conditions issued on 4/10/18, except for the lawn which was just seeded. MR recommends that this filing be continued to the meeting on 11/26/18. Motion to continue to 11/26/18, DB, second RE, so voted. Public Meeting 1. 112 Fremont Street, Mystic Excavating Corp., (RDA), DSE-1186 Field report states that this filing is for the removal of the existing cesspools on the lot, and construction of a new septic system with a 1500 gallon septic tank and an ADS Biodiffuser ARC 36 Chambers soil absorption system to be located to the rear of the house. The wetlands were delineated by John Chartier, Rim Engineering, using pink flags numbered 1 through 14. The new tank will be outside the 100 foot buffer zone to the wetland but the SAS will be 68.1 feet away from the closest flag. The siltation barrier will be at least 43.4 feet from the wetland. The work as proposed will not negatively affect the wetland or adjacent properties, therefore MR recommends that the TCC approve this project and issue a Negative Determination with the attached special conditions. MR also recommends the approval of the wetland line as follows: Flags WF4 to WF14 with flags WF1 to WF3 for reference purposes only. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 18, and 19, DB, second MH, so voted. Continued Public Hearing 1. 61 Summer Street, Coyle School Residences Ltd. Partnership, (NOI), SE73-2768 Present Matthew Costa and Dan Rose. Brief review of the presentation, touching upon the concerns with parking and the water issue. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 17, 19, 20, 21, 25, 26, 27, and 28-no salt or chemicals to be used on the parking lot, JR, second DB, so voted. Motion to go out of order to hear from Eagle Scout, DB, second MI so voted. Douglas Francis shared his info on what he would like to do out at Boyden. Plans to remove some limbs, fix area and platform to connect to the riverway. He is going to call some of the local stores for donations and will have the help of his whole troop. The plan is to have this done by end of October/early November. The TCC is granting permission for him to do the work. Their only request is any limbs taken down must be removed not dropped into the river. He is to keep in touch with MR and the TCC would like him to come back and see them when he is finished, pictures of the finished project would be appreciated. Motion to approve, DB, second MH, so voted. Motion to revert back to the regular order of business, DB, second RE, so voted. Public Hearing 1. Willis Pond Road, Piazza/418 County Road, LLC, (ANRAD), SE73-2772 Field report states that this filing is for approval of wetland delineations within and abutting the above property. The resource areas were delineated by Garrett Tunison, Tunison Environmental Consultants, LLC, on July 23, 24, and 26, 2018. MR reviewed the wetland lines and agrees with the placement of the flags. This property consists of the following lots: Map 37 Lots 46, 47, 48, 52, and 20. The largest series is Wetland A, which contains a large pond (Willis Pond), BVW to the bank of the pond, and an intermittent stream which flows through a large portion of the property. The BVW to the bank of the pond and intermittent stream was flagged by flags A-40 to A-82, A-105 to A- 118, and A-145 to A-255. The bank of the pond was flagged using flags A-82 to A-105. Wetland B is located on the southerly side of Willis Pond Road and receives water from the pond via a culvert under the road. The BVW was delineated by flags B-1 to B-10 to the bank of the intermittent stream. Wetland C is east of the property and contains a potential vernal pool. The BVW to the bank of a pond was flagged using flags C-1 to C-24. MR was in agreement with the delineation and recommends that the TCC approve the delineation that follows and issue an ORAD. Flagging for approval: Flags A-43 to A-99, A-103 to A-212, A-214 to A-249, A-253, and for reference purposes only flags A-40 to A-42, A-100 to A-102, A-213, A-250 to A-252, A-254 to A- 255, B-1 to B-10, and C-1 to C-24. Chris Piazza applicant is present. Motion to issue ORAD, DB, second RE, so voted. Abutters spoke regarding concerns they have with his plans out on the site. 1. Cindy Gomes 85 Willis Pond Road. She is asking what are the plan for the site? MR said  right now they are just showing where the wetlands are so going forward he can figure what he can and wants to do out there. At this point the TCC has no idea what the plan is for the site. Gomes asked if they can ask the applicant? Mr. Piazza said this is just to figure out the wetlands, he will now have to hire an engineer and see what can be done with the property. 2. Lee DeMello 79 Powderhorn Drive. Asked if Mr. Piazza currently owns the property? Yes since 2013. 3. Jack Terry 99 Powderhorn. He said the only notice he got was regarding homes to be built out behind his property. That is why he is concerned, he wants to know what will be out there. ST recommends that the applicant reach out to the abutters, this goes a long way with him. ST no houses proposed at this time just seeing what the wetlands look like and what they can possibly do out there. Jack Terry said a bunch of trees will be gone, concerned with people coming onto his property. ST again recommended the applicant speak with and work with the abutters. 4. Chuck Fitzsimmons Powderhorn Drive. He asked if there are any houses out there now? Yes one is on the property. He claims in 1993 the site had three lots created out there and labeled buildable lots. Chris is not aware of any of this. Willis Pond, will it be accessible to the public? Christ said no it looks to be entirely on his property. 5. David Nadell 1330 Williams Street Dighton, MA. He owns property in close proximity and wanted to see what the plan was and exactly where it was located. 6. Joseph DaRosa Powderhorn Drive. What are the blue markers out there? Those are the wetland flags. 7. William Liberty 19 Powderhorn Drive. Concerned with water issues and concern for the wildlife. Chris said he plans for a couple houses on the property, all along Willis Pond Road, not any other location on the property. 2. 12 Linden Street, (79-62 Parcel 2 County Street), Coute/Aspen Properties, (NOI), SE73- Field report states that this filing is for the construction of a duplex and a delineation approval. The wetland lines were delineated by Darryl Luce on 9/24/18, using flags numbered WF-1 to WF-10. This wetland is connected to the wetland system to the south (TMLP) which was approved on 12/15/17. This parcel was subdivided from #12 Linden Street in July, 2018, but the website has not been updated as of this date. The frontage is along County Street and currently, flood water from the street flows onto this lot. The contractor will be working with the City to resolve this issue. The sewer hookups will originate from Linden Street and a 15 foot sewer easement will be created. Gas, water, and electric will originate from County Street. The siltation barrier will be at least 7 feet from the wetland and will be considered the limit of work. The house foundation will be 30 feet from the wetland, while grading will come to within 15 feet of the wetland. Roof drains will be directed to drywells and the existing ditch will be realigned. Access will be from County Street with a driveway and two parking spaces for each unit. The work as proposed should not negatively impact the wetlands or adjacent properties. MR recommends the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to approve once DEP # is received with special conditions 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, 19, 21, 23, 25, 26, 27, RE, second DB, so voted. Violations 1. 554 Hodges Street. MR update states she met with attorney Lewis Victor on Monday, 10/1/18. Discussed the issue, MR concerns; showed him the photos, and discussed whether the owner would be willing to clean up the silt. MR was not able to view any erosion on the site as the City Engineer and MR were denied access and asked to leave (under a verbal barrage). Attorney  Lewis Victor present with the property owners, Thomas and Renee Hubbard. MR went out and was refused access to the property. ST would like MR to go out, with someone not alone, and check the property. Attorney Victor will meet her out there. ST told MR give them 24-48 hour notice before she goes out there. Motion to continue to 11/26/18, have homeowners present at the meeting, JR, second DB, so voted. 2. 28 Connie Street. MR update recommends resolution. The gazebo was built a number of years ago and is not disturbing the wetlands, even though surrounded by it. It can be compared to an observation deck at wildlife preserves and lookouts. Taking it down would cause more damage. Motion to remove the violation, RE, second JR, so voted. 3. 39 Cortland Place. MR update she thinks they were confused by the process and thought everything was taken care of. MR explained that we needed them to file with Conservation. We did have a complaint regarding the property from the Homeowners Association. ST told homeowner he has to file paperwork. Motion to continue to 11/26/18, MH, second MI, so voted. 4. 124 Tremont Street. MR update she met with the owners, Wanderson and Mariann Goncalves, on Friday September 28, and on Tuesday, October2. The owners were attempting to clean up the construction debris left by the contractor and to make the yard safer, and more usable, for their children. The growth at the edge of the brook is a mix of invasive plants and those adaptable to wetland (transitional vegetation). The invasives include, grapevine, greenbriar, bittersweet, and tree of heaven (looks like a tall sumac). The owner would like to clear the invasives, reinforce the bank at the headwall (using rocks), and restore a mix of grasses, shrubs, and trees to the property, especially close to the brook to create stability. Their neighbor has lived there for over 40 years, and talked of the history of the land, including the garden and picnic area that was formerly there. He helped plant the raspberry and blackberry bushes that line the brook. Wanderson Goncalves owner and neighbor Jamie Soars present. Owner did not know he was doing anything wrong. He has spoken with MR regarding his plans for the property. The neighbor offered his help with the work, they just want to make it look nice again and be more stable. Motion to remove the violation and work with MR on this, DB, second RE, so voted. 5. Berkley Street. MR update met with the owners, Jeff Tardanico and Brian Fisher, on Wednesday, October 3, and inspected the area where the silt blew through and the wetland that was affected. They had workers creating a series of catch dams and silt fence on the site, put silt protectors in the catchbasins and will be cleaning the wetland out by hand. MR will be inspecting it after the work is done (and probably during). Mark Haine employee of Fisher. MR went out and met with the owners as stated above. Motion to remove the violation DB, second JR, so voted. 6. Lake Sabbatia. John Fernandes 17 Dean Street South Easton, MA. Owns a boat shop and takes them out there to check them over before or after he does a repair. He is there 6-10 times a day. He has his Captain’s License, he is part of the Coast Guard and had his license with him, he works with the Harbor Master, a commercial charter fisherman, ect. He is not there cleaning off motors or doing anything like that. He is well aware of the laws. Motion to remove the violation, DB, second JR, so voted. Other Business 1. 147 Winthrop Street. The plan is to start on Wednesday. They have been held up due to rain issues. Juanita Gallagher was present. She is an abutter of the property. She was told by DEP it should be left alone, nothing should be done until the dry season. BSC is hired by TCC and is there with the city’s interest as a first priority. MR will reach out to them regarding the wet/dry season issue and see what they think should be done. 2. 250 Lakeview Ave. Garage needs to be moved back 20 feet towards the water. The shed shown is gone, it was on a wood slab. Motion that this is a minor plan change and does not need a public hearing, DB, second MH, so voted. Motion to adjourn, DB, second MI, so voted. Meeting ended at 9:20pm.