Conservation Commission

Minutes of the Taunton Conservation Commission November 26, 2018 Present: Chair Steven Turner, Vice Chair Debra Botellio, and Commissioners Richard Enos, Luis Freitas, Jan Rego, Matthew Haggerty, and Marla Isaac. Continued Certificate of Compliance 1. 840 S. Precinct Street (Lot 4B, 121-38), Eastside Development, LLC, (COC), SE73-2708 Field report states this filing is 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 now 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. MR recommends that the TCC issue a COC for this project. Motion to approve, MH, second RE, so voted. 2. 830 S. Precinct Street (Lot4A, 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 and the lawn has filled in. MR recommends that the TCC issue a COC for this project. Motion to approve, RE, second MH, 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. There were a number of areas along the ditch where siltation occurred. The ditch has been cleared of the sand and soil noted in previous field reports. In addition, the lawn area is stable. MR recommends that the TCC issue a COC for this project. Motion to approve, MH, second JR, so voted. 4. 590 Somerset Ave., Heritage Operating LP d/b/a Metro Lift Propane, (COC), SE73-2273 Motion to continue to December 10, 2018, RE, second MH, so voted. 5. 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 is still not stable. MR recommends that this filing be continued to the 12/10/18 meeting date. Motion to continue to April 29, 2018, LF, second RE, so voted. Certificate of Compliance 1. 509 Berkley Street, Malloch Construction, (COC), SE73-2099 Field report states that this filing was for a septic system repair that included a new 1500 gallon tank, distribution box, and 14’ x  32’ leaching field. All work was done in significant compliance to the order of conditions issued on 10/1/05. MR recommends that the TCC issue a COC for this project. Motion to approve, MI, second JR, so voted. 2. 149 E. Water Street, Boatyard Realty Trust, (COC), SE73-2660 Field report states that this filing was for the construction of a duplex within the outer riparian zone of a property located on the Taunton River. The work included construction of the duplex, grading, utilities, driveways, and decks. All work has been completed in significant compliance to the order of conditions issued on 6/22/16. There is no indication of disturbance along the riverfront and the lawn area is stable. MR recommends that the TCC issue a COC for this project. Motion to approve, RE, second MH, so voted. 3. 396 Winthrop Street, Akhter, (COC), SE73-2766 Field report states that this filing was for a sewer tie-in from the existing building to the public sewer line on Winthrop Street, saw cutting and repairing pavement, removing the existing shed and replacing with a dumpster in the same location. This property abuts the Three Mile River and is at the corner of Cohannet and Winthrop Streets. All work has been completed in significant compliance to the order of conditions issued on 7/26/18. A dumpster pad and chain link fence are installed, but there is currently no dumpster within the space. MR observed a box with junk inside of it, one box spring, and three mattresses behind the building as well as trash along the banks of the river. These items must be removed prior to the issuance of the COC. MR recommends that the TCC continue this filing to the 12/10/18 meeting. MR would like to change the recommendation. She would recommend approval of the COC. It has all been cleaned up, a neighbor dumped it all there. Motion to approve, MH, second MI, so voted. Public Meeting 1. 158 Highstone Street, VanMeter, (RDA), DSE-1187 Field report states that this filing is for a septic system repair/upgrade and tie in to municipal water service. The property abuts Big Bearhole Pond and has a small BVW along the edge which was flagged by SFG Associates on 9/19/18, using pink flags numbered 1 to 5. The existing septic tank and leaching field will be pumped, crushed, and abandoned according to Board of Health regulations. The new tanks will be located 10 feet away to the east of the existing home. The force main will run from the 1000 gallon tank to the leaching field and will be encased in a 4” Sch. 80 PVC pipe. The leaching field will be outside jurisdiction 18 feet from the access road. A poly barrier will be installed along the easterly and southerly walls and a block retaining wall will be built along the southerly side of the leaching field. The water service will extend 110’ from the tie in at the access drive to the house. The water service will also be encased in PVC pipe. The existing well will be abandoned. Work that falls within jurisdiction include the abandoning of the existing septic system, installation of the two new septic tanks, water service installation, and a portion of the force main. A siltation barrier is shown along the property line at the edge of pavement. The work as proposed will not negatively impact the resource areas, therefore MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 8, 14, 18, and 19, MI, second LF, so voted.  2. 1099 Bay Street, Anderson, (RDA), DSE-1188 Motion to move to the end of the meeting, RE, second JR, so voted. Extensions 1. 202 Shores Street, Dutra, (EXT), SE73-2225 Field report states that this filing is for a duplex and associated grading on this lot. Due to economic conditions and resolution of issues with NHESP, the applicant is requesting a three extension to the order of conditions to expire on 12/5/21. MR recommends that the TCC approve and issue an extension to the order of conditions. All conditions remain in effect. Rui Dutra present. Working out some issues with NHESP and the City of Taunton. Motion to approve the extension MH, second JR, so voted. 2. Highland Street, (64-301), Dutra, (EXT), SE73-2226 Field report states that this filing is for a duplex and associated grading on this lot. Due to economic conditions and resolution of issues with NHESP, the applicant is requesting a three extension to the order of conditions to expire on 12/5/21. MR recommends that the TCC approve and issue an extension to the order of conditions. All conditions remain in effect. Rui Dutra present. Motion to approve extension, MH, second JR, so voted. 3. Highland Street, (64-302), Dutra, (EXT), SE73-2227 Field report states that this filing is for a duplex and associated grading on this lot. Due to economic conditions and resolution of issues with NHESP, the applicant is requesting a three extension to the order of conditions to expire on 12/5/21. MR recommends that the TCC approve and issue an extension to the order of conditions. All conditions remain in effect. Rui Dutra present. Motion to approve extension, MH, second JR, so voted. Amendment 1. 30 Mozzone Blvd., Comm. Alternative Care, Inc., (AMEND), SE73-2771 Field report states that this filing was 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 proposed amendment is removing the proposed 4,390 square foot building and increasing parking to 178 spaces rather than the previously proposed 63 spaces. This is due to the applicant realizing that there were not sufficient parking spaces to accommodate the required number of employees for this business. 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 amended will not negatively impact the adjacent wetland system or adjacent properties, therefore MR is recommending that the TCC approve the request for an amendment and issue an amended order of conditions to include the previous general and special conditions. The amendment does not change the original expiration date of 9/20/21. Motion to approve the amendment, MH, second LF, so voted. DB did not vote on this, she arrived during the presentation of the request for amendment. Motion to go out of order to hear violation on 39 Cortland Place, DB, second JR, so voted. Violations 1. 39 Cortland Place DB asked if applicant was willing to get building permits for everything he has done out there? He said yes he is. MR said he needs paperwork from TCC then he can go to the building department. MR will work with him on what to do next. Motion to remove the violation, DB, second MI, so voted. Motion to return to the regular order of business, DB, second MI, so voted. Public Hearing 1. 39 Cortland Place, Santos, (NOI), SE73-2774 Field report states that this filing is an after the fact NOI for a 21’ x 18’ shed, a 17’ x 24’ shed, and a fish pond approximately 20 feet long, which were constructed without filing with the Conservation Commission or through the Building Permit Application process. The submitted plan shows a delineated wetland along the southerly property line which is approximately 5 feet from the closest shed. There does not appear to be any disturbance within the wetland area for the constructed sheds and pond. The large shed and pond seem to meet setbacks for zoning purposes. We received a letter of concern regarding this property regarding debris, unregistered vehicles and structures. The commission does not have jurisdiction over how a shed looks but can make recommendations regarding placement of the structures. The largest shed is placed over pavers, has a burning wood stove and functions as a den and office. The fish pond looks unused and not as large as a “lake” as the letter of complaint states. There was no boat in the pond. The smaller shed is in the rear and may not need to meet setbacks. MR did not see evidence of mowing within the wetland as the letter stated, but there are invasives growing along the edges that may be cut back frequently. Even though there is clutter, it does not seem to have affected the wetland. MR recommends that the TCC approve the structures and issue an order of conditions to be recorded at the registry of deeds. The applicant must apply for building permits and meet zoning setbacks for all structures. Motion to approve, MH, second JR, so voted. 2. Lot 4 Caswell Street (121-6), Coute/Aspen Properties Investments, LLC, (NOI), SE73-2775 Field report states that this filing is for the construction of a single family home with garage under, driveway, septic system, utilities, and associated grading. The ILSFs to the east and west of the proposed house were delineated by Earth Services Corporation on 2/12/18 and approved by the TCC on 3/15/18 under DSE-1166. The ILSF to the rear was imported from MassGIS. MR reviewed the wetlands and agrees with the placement on the plans. The septic system will be in  the front of the property and will be 67.1’ from the westerly ILSF and 80 feet from the easterly ILSF. Grading on the site will fall within 25 feet of any ILSF on or off the property and a siltation barrier is shown on the plan along the westerly side of the project. The house will be set back from the road and will be at least 58 feet from the ILSF in the rear. The deck will be 47.1’ away. The work as proposed should not negatively impact the resource areas or adjacent properties, therefore, MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 17, 19, 21, 24, 25, 26, and 27, MH, second DB, so voted. Violations 1. 554 Hodges Street. MR went out after the last TCC meeting, between rains, to meet with the Attorney and walk the property. It is all stable, the owners put haybales to protect neighbors from siltation and the grass is growing. NHESP said the owner needs to send copies of what they are doing out there. Attorney is aware and will take care of that. At the moment they are taking a break and nothing is being done on the property. Motion to remove the violation, MH, second JR, so voted. 2. Silverwood Drive. ATV riding through neighboring properties and wetlands. Jason DaSilva present with his mother, homeowner Natalia DaSilva. He explained his 20 year old brother has Autism, this is something he enjoys doing. They explained to him where he could not ride and it will not happen again. Motion to remove the violation, DB, second JR, so voted. 3. 42 Briggs Street. Homeowner was draining water from basement onto a neighboring property and the HOA complained. He has dismantled the hose that was above ground, he needs to also move the one underground. It needs to just be rerouted. Motion to remove the violation, DB, second MH, so voted. MR was asked to just go out there and explain it to him again. 4. Berkley Street. They spoke with a representative by phone regarding the issues out there. It was a miscommunication, they have since fixed the issues. They will be monitoring it. Motion to continue to December 10, 2018, have an update from MR, DB, second MH, so voted. Motion to continue 1099 Bay Street to the meeting on December 10, 2018, MH, second JR, so voted. Other Business 1. 147 Winthrop Street. They are stabilizing the site for the winter. They will continue to check after significant rainfalls. Work will begin again in the dry season. This discussion will continue on May 2019. 2. Fence/Gate at Boyden. They are working on it. 3. Tablet Update. ST wanted to commend JR for the idea, and MH for working diligently to get this accomplished. Paul Arikian from IT was able to get 9 Samsung tablets on cyber Monday. They saved $70 per tablet for a total savings of $630.00.  4. Discussion regarding secretary’s salary. Recommendation to send a letter to Kevin Scanlon regarding a change. TCC would like to request that Mr. Scanlon consider a flat fee of $100 per meeting and the current hourly wage for the time spent on the minutes. If Mr. Scanlon has any questions he can contact the Commission, if he does not approve this, it is asked that he be present at the December 10 meeting to discuss further. Motion to approve this recommendation as stated above, DB, second MH, so voted. Motion to adjourn, DB, second MH, so voted. Meeting ended at 8:15pm.