Conservation Commission

Minutes of the Taunton Conservation Commission December 16, 2019 Present: All present except Commissioner Richard Enos Motion to approve the minutes of the November meeting, DB, second MH, so voted. Taunton River Trail Discussion: Phillip Duarte, Andrea Kendall, Derek (Stantec), and James Pheiffer. This will focus on the Taunton portion, a 2 mile segment in the Weir section. This has been in the works since the 90’s and was held up due to the detour around the TMLP facility. They are using Gateway City Parks Program for grants and funding. James said the trail starts at the Weir Village Park. This will be in two phases, they are currently still working with the TMLP, the goal is to get down to Railroad Avenue with an area there with benches, bike racks and parking. The trail will be 10 foot wide with a two foot shoulder on either side, paved, on the railroad right of way, seating in a few spots along the trail. ST is section #2 at Cobb Brook? Yes but they will not be disturbing the brook in any way. Andrea said there will be no BVW, wetland, or bank impacts, or any impacts to the river at all. There is only one stream crossing near Cleary Flood. There is a failing headwall at one stream crossing. They will do some work there to correct it, other than that, no impacts. ST a Cobb Brook, can they check the culvert while they are out there? They will not be touching Cobb Brook in any way, it is all underground in this area. DB asked if there will be only foot traffic and pedal bikes? Yes and that is it. MI asked who will maintain the trash? Derek said there is discussions that they will need to have with the city, other trails like this one are cared for by the city. Phillip Duarte said they have filed to be a non-profit and would function similar to groups like Friends of Boyden. ST said he feels they can do without the peer review, he would rather they not have to but will ask MR what she thinks. MR said she doesn’t feel they need a peer review. JR said when this is all said and done, it will be about 22 miles? 2 miles in Taunton, Dighton is another 3-4 miles and by the time it reaches the end in Fall River it is approximately 20 miles. MH thanked them for their hard work and dedication to seeing this through. He sees how much time and effort they have put into this. TMLP is heavily involved and the Law Dept as well, Phillip said. ST said the TPD has a bike unit so he is sure they will utilize this and be able to keep an eye on things when out there. Phillip said ATV use is very active in this area so they will also be speaking with the TPD regarding this. ST thanked them for the update and wants them to keep MR and the rest of the TCC in the loop, reach out if there is anything TCC can do for them. Certificate of Compliance: 1. 145 Myricks Street, South Coast Development, (COC), SE73-2491 ​See field report. Motion to approve and issue a COC, DB, second MI, so voted. Continued Public Hearing: 1. 409 Somerset Avenue, Binda, (NOI), SE73-2796 ​Request for continuance. Motion to continue to 1/13/2020, DB, second JR, so voted. 2. 0 Hamlen Street, Sullivan, (NOI), SE73-2796 ​Request for a continuance. Motion to continue to 1/13/2020, DB, second JR, so voted. 3. 0 & 2318 Bay Street, Gulf Resources, Inc., (NOI), SE73-2819 ​See field report. Present Jamie Bissonnette from Zenith Consulting, Shawn Martin Fuss & O’Neil TCC peer reviewer, John Rockwood, and Jeff Lovely for the applicant. Abutters present Jake Doherty Bay Street, Mark Arnold representing Mark Lincoln 2368 Bay street, and Philip Rose 2330 Bay Street. Since the last meeting, comments have been sent back to Zenith. They have no disagreements on their part, they will take care of each and every one of them. Shawn provided the following comments: 1. Label the locations of the vehicular access to the inlets, outlet control structure, overflow spillway and draw down device on the plans. Landscaping may not encroach within the 15 foot wide vehicular access. 3. Infiltration basins must include an overflow outlet control structure in addition to an emergency spillway. Identify the overflow spillway and outlet control structure on the BMP location plan and include in the checklist. 4. Test pit locations have been added to the plan. Two test pits are shown and both meet the minimum separation to the estimated seasonal hihg water table while three test pits are required. Based on the soil types, additional testing does not appear to be warranted. 9. The subcatchment boundaries of the existing and proposed conditions do not extend to the limit of work or watershed. Although it appears there will be no offiste increases in runoff rate or volume, the subwatersheds should extend to the wetland and property boundaries/limit of work to demonstrate there is no increase in peak flow. 11. Unless waived, include the name and seal of the wetland scientist on the plan. 12. Include an erosion control blanket installation detail specific to the BIONET SC150BN. Additional Comments: A1. Show the location of all existing wells within 100 feet of the site and provide details of any actual or potential public water supply in the watershed. A2. Infiltration basins require a 50 foot setback from surface waters which includes wetlands. According to the current stormwater report, the peak elevation of the 100 year storm is at elevation 73, therefore the 50 foot setback should be measured at the 73 contour elevation, which is approximately 45 feet from the wetland edge. A3. the Commission may wish to include the following conditions in its decision: 1. Restore existing degraded buffers within the project site, 2. Enhance the proposed landscaping within the limit of work, including native shade trees and shrubs along the eastern portion of the site, 3. Prohibit the use of fertilizers and pesticides within the buffer, 4. Install shields and forward throw optics on the light fixtures within the wetland buffer, 5. Install fencing to prevent trash from entering the buffer, 6. Install spill control valve downstream of DMH-3, 7. Store all hazardous materials in secure locations, 8. Locate stockpiles and staging areas at least 100 feet from the wetlands or any tributary drain, swale, or similar drainage feature, 9, sweep paved surfaces on the site at least four times annually, 10. Conduct at least annual testing of the spill containment system, including all operable components, 11. Remove uncontained trash and litter at least four times per year, additional city ordinances may  apply. DB asked applicant what will be used on the site in winter, chemicals? No there is talk of using sand. Motion to have seal and signature to be put on the plan, DB, second LF, so voted. LF is very concerned with the water out there and affect of this on wells etc. MR said Mike Patnaude was fine with all the changes and any water items he checked out there. Jamie said water department did respond to DIRB and Planning Board. LF wants them out there to check on the site, the wells, and get back to TCC. Public Input: Mark Arnold representing Mark Lincoln. He asked if the calculations were checked to confirm for the 100 year storm? Yes. He wanted to know if the setbacks for the basin, 45-50 is that referring to the interior? Jamie said it is the measure of where the water is inside the basin. He questioned the use of an infiltration system because DEP usually avoids the use of infiltration systems. They will over see the removal and keep this a clean site. ST asked how this will be checked once a week? Jamie said it most likely will not be him but someone will be checking it weekly. ST wants them to check it and send bi-monthly report to MR to be shared with the TCC. Mark Arnold also wanted to know about snow storage and stated the O&M should state where the snow storage will be. On site will be a color coded binder with all of this in it. Mr. Lincoln asked if each staff member will be trained for this job? Trained on spills, etc? Mr. Lovely stated that each employee will be trained on all tanks, spills, accidents, etc. The training should be on the O&M too. Jamie was asked to define a spill by their standards? They all guessed 5 gallons to be a reportable spill, DEP says 10 gallons. This is a unique site, they really should consider pushing the basin back. Lincoln said there are quite a few private wells, the ordinance states they should be identified. Jamie said they will be that was just agreed upon. He also asked what the lable was he saw on the plan saying 9 inch water line? There is no such line there. Jamie thinks he might have seen the overhead wires and was confused. They did have the norton water line on there. Philip Rose of 2330 Bay spoke. He is very concerned about his well. ST asked him what he would like to see done to keep his mind at ease with this. ST what if applicant paid for yearly testing for 10 years? He would have to grant them permission to access his property. He agreed to this. Philip also asked about the lights being put up. MR went over what was recommended for this site, restrictive lighting was requested at the wetlands too. Motion to continue to 1/13/20, get input from the water department and have water department present at the meeting, due to this being a sensitive area with private wells, dever wells, they want to speak with the water department and they would like all of the wells shown on the plan, DB, second LF, so voted. Motion that any info from the water department should be in before the meeting and they be present on 1/13/20, Shawn Martin does not have to be here, DB, second LF, so voted. 4. Lot 3 Run Brook Circle, Run Brook Development, LLC, (NOI), SE73-2820 ​Request for continuance. Motion to continue to 1/13/2020, DB, second JR, so voted. Motion to remove the violation on 1337 Bay Street due to the filing of the NOI, DB, second MH, so voted. Public Hearing: 1. 1337 Bay Street, Auguste/Construct Inc., (NOI), SE73-2831 ​See field report. Motion to approve with special conditions 1, 2, 3, 4, 5, 13, 17, 19, 21, 25, and a copy of the Chapter 91 permit, DB, second MH, so voted. 2. 600 County Street, Country Hills Condominium, (ANRAD), SE73-2832 ​See field report. Present Julie Goodwin Prime Engineering. This is a BVW delineation, she walked the site with MR. The abutters helped with some possible wetlands in some other areas on the site. Motion to issue ORAD, DB, second MH, so voted. Abutter David Chaves from Ashleigh Terrace present. He wanted to make sure that the wetlands they spoke of with Goodwin, were put on the plan. She stated they were. 3. Route 24/140 Interchange @ Exit 12, McArthur/MA DOT Highway Div., (NOI), SE73-2833 ​See field report. Present Susan McArthur, Fred Mosely, Joe Graham, and Mark Bergeron. This is regarding maintenance and improvement of existing public roadways, but limited to widening less than a single lane, adding shoulders, correcting substandard intersections, and improving inadequate drainage systems. Route 24 Northbound- wieden to three lanes with a shoulder from 900 feet south of Hart Street overpass to approximately 0.45 miles south of the interchange and realign exit ramp to Route 140 Southbound (Ramp C). Route 24 Southbound- widen to three lanes with a shoulder from 900 feet south of Hart Street overpass to approximately 0.45 miles south of the Interchange, and construct a new exit ramp to Route 140 Northbound (Ramp F). Route 140 Northbound- widen to three lanes between Exits 11 and 12, add two left turn lanes at Route 140/Route 24 southbound intersection, and add single left turn lane at Route 140/Industrial Drive intersection. Route 140 Southbound-widen at Route 24 northbound ramps to provide double left turn lanes and construct new 700 foot long barrier separated lane for vehicles entering from Route 24 southbound. Stormwater management infrastructure improvements-redevelopment. BMPs include grass channels, water quality swales, extended dry detention basins and infiltration basins/trenches. Primarily located within buffer zone and RFA, none are located within BVW. Collection system is sized to collect and treat the increase in runoff for the 2 year and 10 year 24 hour storm events. No increase in post development runoff rates for any of the modeled storm events. Proposed wetland mitigation. 7.8 maintenance depot parcel on Route 140. 1.2:1 wetland replication ratio creating 75,645 s.f. of new/restored wetland located on either side of Ramp F. This is to be constructed in latter stages of the project as Depot site will be used for staging. DB asked if the work in Raynham will be done before this one begins? Fred said it should be, construction would be next spring bundled together with the Southcoast rail to only have one construction project going at a time. Motion to approve with special conditions 1, 2, 3, 4, 5, 7, 14, 19, 21, 25, 26, and 27, MH, second JR, so voted. Motion to continue with #4 and #5, LF, second MH, so voted. 4. Lot 8 Leona’s Lane (105-276 formerly 47), Bairos/ALE Realty Trust, (NOI), SE73-2829 ​See field report. Karen Patnaude present for the applicant. They are proposing to also move the haybales back a little. ST how many feet from site to property line? 150 feet of heavily wooded land. DB closest point to the WPZ? 24 feet  outside of the WPZ is the closest point. Public Input: Patricia Dillion 123 Silversmith Way. She is concerned with the accessabiltiy to her property. She is near Lot 9, her backyard abuts. She was upset someone asked to access her property. Karen said she went over and asked, Patricia said no and she left. Patricia asked if when the closer house is built will she be notified? ST said if they are within 100 feet of the wetlands then yes, if they are not then she will not receive notification. ST asked that she get in touch with Mr. Bairos and ask him to notify her, as a good neighbor he doesn’t see Mr. Bairos having any issues with this. Motion to approve with special conditions 1, 2, 3, 4, 5, 17, 19, 21, 24, 25, 26, and 27, LF, second MI, so voted. 5. Lot 10 Woodbine Street (64-153), Woodbine Properties Dev., LLC, (NOI), SE73-2830 See field report. Nick Dufresne and Chris Moniz present for the applciant. Motion to continue to 1/13/19, MR will go out and walk the no touch line at Lot 10, applicants will reach out to Gomes before the next meeting, they should all be her for the meeting on 1/13/20, DB, second MI, so voted. Public Input: Elizabeth Gomes 16 Belvoir Ave. She is concerned with the water situation out there. Where will it go? It will shed back to the basin, is what Nick explained to her. She said her basement already floods and has pumps running. She is also concerned because they clear cut Lot 1 and it was supposed to remain untouched. MR said this was brought up before and they were told to do plantings there. Gomes says they trees are small and there are not many at all. Gomes had pictures, MR said that is not how it looks now. It has grown some. Moniz said they had more rain than they have had in 100 years last spring, the water issue there is not what happens normallyl. ST all of Lot 1 is no touch? No but a significant portion is. MR recommends that they have Natural Heritage come down and review the project. LF when was this cut? Three years ago. Nick and Chris said they have had no issues until this. LF said 5 Lots came back for issues, how can you claim this is your only issue? They have had other issues out there. ST would like to see this continued to January and have the applicants meet with Gomes and work on getting some more plantings out there. Gomes said she has reached out to Chris Coute seven times and he has not responded. The Planning Board said each abutter was to get a fence, she has never received one. They said they cannot put a fence due to the wetland areas near/on her property. She said that she doesn’t want an actual fence but a natural one, but she has nothing. Violations: 1. 110 Country Way. ​Request for a continuance. Motion to continue to 1/13/20, DB, second MH, so voted. 2. 208, 218, 228 Berkley Street. ​Jeff Tardanico, Varley, and Estrella’s present. Also husband and wife from stone house next door (names not given). ST the curb is not high enough to hold the water back. When are they going to do the street? MR said Tony told her the holdup was the DPU. The gas company is not done yet and the road will have to be opened for them to work. Until their work is done, the road will not get  paved. MR will speak with Tony again on Tuesday, 12/17/19. Jeff said maybe remove curbing at the catch basin, pave and create a swale. The water would flow down the swale and there would be no resistance. This would be an issue with the sidewalk and ADA. There is too much water there now and the catch basins cannot handle it. Motion to have the city engineer and Tony contacted, they need to come up with a plan to fix this water issue out on the street right away, sandbags are to be delivered and placed on the sidewalk in front of Estrella’s house where the water is rushing over so as to divert the water, TCC wants an answer from Tony tomorrow (12/17/19), emphasize that the issue is the gas company holding this whole thing up, continue this to 1/13/20, DB, second MH, so voted. JR was out there. Fisher and Tardanico were out there, they put the slope exaclty where TCC wanted it. Their work was done, the road is now causing the issues to come back again. 188 Berkley also complained about the haybales along her property and wanting them removed. How long will they be there? For now they need to remain. Other Business: 1. Approval of an emergency cert. ​Motion to approve, DB, second MH, so voted. 2. Cable casting. ​Motion to have the meetings televised, DB, second MI, so voted. Vote taken, MI and DB for, JR, MH, and LF against. 3-2 motion does not carry. 3. 2020 Meeting Schedule. ​Jan 13, Feb 10, Mar 16, Apr 13, May 18, June 22, Jul 20, Aug 17, Sept 21, Oct 19, Nov 16, and Dec 14. Motion to approve, DB, MH, so voted. Motion to adjourn, DB, second JR, so voted. Meeting ended at 9:30pm.