Minutes of the Taunton Conservation Commission July 23, 2018

Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Richard Enos, Luis Freitas, and Marla Isaac.

Absent: Commissioners Matthew Haggerty and Jan Rego.

Motion to table the minutes from the June meeting until the August meeting, RE, second DB, so voted.

Continued Certificate of Compliance:

1. 590 Somerset Ave., Heritage Operating LP d/b/a/ Metro Lift Propane, (COC), SE73- 2273 Work has not been completed. They came here on August 2016, it has been continued ever since. TCC had requested they be present here tonight, no show. Motion to send a violation letter, begin fines as of 7/24/18, DB, second MI, so voted.

Certificate of Compliance:

1. 840 South Precinct Street (Lot 4B, 121-38), Eastside Development, LLC, (COC), SE73- 2708 Field report states that this 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 is not established or stable and there are noticeable areas of erosion along the banks of the driveway. The replication area needs to complete the second year of growth, so MR recommends that this filing be continued to 10/15/18 in order to allow the lawn areas to become stable and to get two growing cycles in for the replication area. Motion to continue to 10/15/18, DB, second RE, so voted. 2. Middleboro Ave. (94-156), Taunton Development Corp., (COC), SE73-2500 Field report states that this project was for the removal of Barstow’s Dam and restoration of the in the vicinity of the dam. According to Office of Dam Safety, this dam was classified as a Significant Hazard Poor-Condition dam which is owned by Taunton Development Corp. The work involved removing the existing wooden spillway, sluiceway, and earthen berm so that the existing floodplain on the downstream side matched the elevation of the constructed floodplain on the upstream side of the dam. The channel and channel banks were reconstructed using the gravel and cobbles accumulated on the upstream face of the dam, and were used to stabilize the banks and streambed, as well. Fabric encapsulated soil lifts with a rock toe and surface fabric with a rock toe trench were also used for bank stabilization. The eastern channel around the island was reconstructed to maintain similar channel dimensions as found downstream and upstream of the dam and impoundment. Trees and shrubs were planted along the new channel and native seed was spread under all fabric treatments. In addition, seed and wetland plugs important to indigenous uses were installed in select areas within the former impoundment in collaboration with the Wampanoag Tribe. All work has been completed insignificant compliance to the order of conditions issued on 6/6/12. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted. 3. 133 Donna Terrace (67-120), 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 were just seeded and are being watered but not stable. In addition, there were a number of areas along the ditch where siltation occurred. MR spoke with Mr. Figueiredo and requested that the silt be removed. MR recommends that this filing be continued to the meeting on 8/13/18 so that the lawn can be established and the ditch cleaned. Motion to continue to 8/13/18, DB, second LF, so voted.

Public Meeting:

1. 61 & 63 Landing Drive, Letendre, (RDA), DSE-1172 Field report states that this filing is for the removal of both existing septic systems and the installation of a shared system comprised of two separate septic tanks, a shared pump chamber, and leaching field consisting of Presby Enviroseptic pipes. The edge of construction is 56 feet from the wetland, which is protected by an earthen berm and vegetation. When MR visited the site on 7/12/18, they had already excavated the leaching area and had placed two septic tanks. There was no siltation nor was there any water in the pit. A protective 40mil PVC barrier will be placed at the southerly corner of the leaching field per plans. The work is being done in compliance with BOH regulations. The work as presented will not impact the wetlands or adjacent properties. It will improve the status of the groundwater overall. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. ST has concerns with who will pay for what regarding the shared responsibility for the septic system. He would prefer to have something in writing before going forward. Nicole Letendre engineer is present. Motion to approve with stipulation that TCC have legal binding document in the file before they move forward, with special conditions 1, 2, 3, 4, 18, and 19, DB, second MI, so voted. 2. 845 Middleboro Ave., Denton, (RDA), DSE-1173 Field report states that this filing is for the demolition of an existing garage and the construction of a new 24’ x 30’ garage with breezeway and associated grading. The wetland was flagged by SFG Associates, Inc. on 5/10/18. The wetland system is in the rear of the property and down a steep slope. The day MR was there, the area was full of water and the edges well defined. MR agrees with the placement of the flags 1 through 6. The garage will be constructed farther from the side property line and connected to the home through the breezeway. The garage will be 81 feet from the closest wetland flag. A siltation barrier is shown on the plan as the limit of work and is 72 feet from the wetland. The work as proposed should not negatively impact the wetland or adjacent properties, therefore, MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. MR also recommends that the Commission approve the wetland flagging, flags 1-6. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, and 19, DB, second RE, so voted. 3. Caswell Street Lot 5 (121-6), Coute/Aspen Properties Group, LLC, (RDA), DSE-1174 Field report states that this filing is for the construction of a single family home with garage, deck, septic system, utilities, and associated grading. A locally jurisdictional ILSF was flagged in the front of the property (flags B1-B6) by Earth Services Corp on 3/7/17. The ILSF has a WPZ shown but not a buffer zone. An ILSF is also located near the westerly property line and grading comes to within 69 feet of this system. A siltation barrier is shown on the plan and is at least 26 feet from the ILSF. It is also the limit of work. Grading comes to within 28 feet of the ILSF. The garage will be at least 98 feet from the ILSF with septic leaching field 57 feet away. A plastic membrane at least 40 mils thick, will be installed along the front and easterly side of the leaching field. The proposed work should not negatively impact the wetland areas or adjacent properties. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Karen Patnaude present. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 17, 18, and 19, LF, second RE, so voted. 4. Whittenton Street (38-7), Coute/Aspen Properties Group, LLC, (RDA), DSE-1175 Field report states that this filing is for the construction of a single family home with garage, deck, utilities, and associated grading. The request is to determine whether or not the project is within the 100 foot buffer zone of a BVW. The wetland system is located to the east and off the property site. Work does not fall within the 100 foot buffer zone and the property is not NHESP habitats. The work as proposed will not negatively impact the wetlands or adjacent properties. MR recommends that the TCC approve the project and issue a negative determination. No special conditions are required. Chris Moniz present from Brownstone Realty Group. Motion to issue a negative determination, DB, second RE, so voted. 5. Industrial Park Road (14-7), ECA Solar, (RDA), DSE-1176 Field report states that this filing is for the proposed construction of a photovoltaic power generating facility on the above parcel. This is currently an open field along Industrial Park Road between #100 and #425 with a detention basin between then subject property and #100 (John Adams Medical Center). There is an existing easement and access to power lines in the rear of this property, as well as an easement to existing water supply wells to the rear and off- site of this property. The wetlands were delineated by Bob Gray, Sabatia, Inc., on 6/15/18. MR reviewed the wetland lines and is in agreement with both delineations. The wetlands are located on an adjacent property owned by The Commonwealth of and are within a forested area and separated by the access road for the wells. Both wetlands are considered marsh/wooded marsh and delineated by flags WF1 to WF18 and BVW1 to BVW23. The solar panels will be placed upon footings installed into the ground and the area upon which the array is located will not be graded and all disturbed areas will be seeded to gain stabilization. The 12 foot steel foundation posts will be driven 8 feet into the ground and approximately each set of 10 panels will be supported by 2 posts. This method of securing the solar panels greatly lessens disturbance to the area compared to excavation and concrete supported panels. The applicant was able to keep the majority of the solar field outside the 100 foot buffer zone. Edges of the rear panels come to within 76 feet of the wetland to the southwest and 83 feet to the southeast. The typical size of a commercial solar panel is 77” x 39” and the driven posts will be approximately at the midpoint of the panel, or 38 inches. Approximately 18 posts will be within the 100 foot buffer zone. Because the posts will be driven, fewer disturbances will occur within the buffer zone. The project as presented will not negatively impact the adjacent wetlands or adjacent properties. Stormwater management is minimal as there will be no grading within the field and the adjacent drainage system will efficiently manage the runoff. Any dripline from the panels will be managed by vegetative stabilization. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Present Vincent Michello, Bob Field, and Richard Johnson. DB questioned noise and onsite storage. Vincent said no batteries onsite so no battery storage. DB asked how close to the nearest residential dwelling? 100’s of feet. It is quieter than an ac system like those on the surrounding buildings. ST asked what they are waiting for from DEP? Water quality not TCC concern. ST asked about drilling? MR said these will be pounded into the sand, and they stop once they reach resistance. ST asked about the water table, DEP is reviewing this. ST asked about tree plantings? They met with neighbors. They will plant conifers along the southeast corner and replant some that are already onsite. This will help with coverage during the winter. Motion to approve with special conditions 1, 2, 3, 4, 18, 19, and 20-conifers planted must be at least 4 feet tall, RE, second MI, so voted. 6. 49 Corey Circle, Joslyn, (RDA), DSE-1177 Field report states that this filing is for the installation of an 19’ x 33’ oval above ground swimming pool. Wetlands are located in the rear of the property and were delineated by John Delano on 6/18/18. A drainage easement is also in the rear of the property and a 24” drain and headwall are located on an adjacent property. MR reviewed the wetland line, which is at the toe of slope, and agrees with the placement of flags, WF1 to WF8. The wetland is at the base of a moderately steep slope, which starts behind a line of boulders at the edge of lawn. A siltation barrier is depicted on the plan and will be the limit of work. This barrier is at least 30 feet from the wetland and no work is proposed within the 25 foot WPZ. The area upon which the pool will be located will be stripped and a layer of sand installed to the original grade. All disturbed areas will be reseeded with grass seed. The applicant will also be using a cartridge filter per ConComm regulations due to proximity of the wetland. MR recommends that the TCC approve this project and issue a negative determination to include the attached special conditions. Joan Delano and James Joslyn present. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 18, 19, and 20 must use a cartridge filter, LF, second RE, so voted. 7. 46 Hodges Street, Dervil, (RDA), DSE-1178 Field report states that this filing is for the installation of a 21’ diameter above ground pool. The pool will be installed behind the existing deck and will be 33 feet from the easterly property line, 67 feet from the westerly property line, and 31 feet from the edge of wetland. The back yard is relatively level so ther will be little excavation needed. The applicant will also be required to have a cartridge filter for the pool rather than a sand filter due to the proximity of the wetland. The work as proposed will not negatively impact the wetland area, therefore MR recommends that the TCC approve the project and issue a negative determination to include the attached special conditions. Kerry Dervil present. Motion to issue a negative determination with special conditions 1, 2, 4, 20- cartridge filter, 21-extend siltation barrier per plan, RE, second LF, so voted.

Continued Public Hearing

1. 24 Clifford Street, City of Taunton/Mayor Hoye, (NOI), SE73-2760 Present Aaron Gallagher, Rachel Luna, and Dan Tavares. ST did go to Westside Ave. Tony Abreau and Mayor Hoye are working on this. They gave their word and that work will be a separate file. ST does not know when they will start Westside Ave but they are currently working on it and he will keep everyone up to date. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 15, 19, 20, 21, 24, 25, 26, and 27, MI, second DB, so voted.

Public Hearing

1. 97 Ingell Street, Cooperative Production Inc., (NOI), SE73-2761 Field report states that this filing is for the construction of a concrete access ramp, walkway, patio in an area that is currently an existing crushed stone driveway, and relocating the driveway. The wetland was originally delineated by Steven Chmiel and approved under File SE73-2452. The flags remain in place and the delineation is still accurate. The work will consist of constructing a 6 foot concrete walkway along the rear of the building which will connect to the proposed concrete patio and ramp. The ramp will connect to the building noted at “Proposed Day Care Facility”. This section of the building already exists and the facility will expand to the additional 5000 square feet from the interior. The proposed concrete walkway will be offset by the removal of existing pavement and creation of a grassed area. A siltation barrier is depicted on the plan along the edge of the proposed driveway and will be considered the limit of work. All work is within currently developed areas within the site. The work as proposed will not negatively impact the adjacent wetlands, therefore, MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. MR also recommends that the wetland line, flags A1 to A13 be approved. Wendy Hendersen and David Wilding present. Motion to approve with special conditions 1, 2, 3, 4, 5, 7, 19, 21, 24, 25, 26, and 27, RE, second DB, so voted. 2. 1361 Middleboro Ave., Martell/DCR, (NOI), SE73-2762 Field report states that this project is for the rehabilitation of the Middle Pond Dam at . The dam consists of four connected dam structures and has been segmented into Dam #1 to Dam #4. Water flows into Middle Pond from Big Bearhole Pond Dam. Water then flows out of Middle Pond through the outlet structure at Dam #1, and continues to flow northerly through Kings Pond into , and then northerly through Lake Rico Dam. The office of Dam Safety has classified the dams as Intermediate Size, Significant Hazard (Class II) potential dams, and after Phase I inspections, the dams were found to be in poor condition. Deficiencies found included brush, trees, and woody vegetation covering the upstream and downstream slopes; the slopes are over steep and have inadequate safety factors under various loading conditions, riprap is inadequate; footpaths are eroded on the slopes; there are wet areas near the toe of the downstream slope of Dam #1; and logs, wood debris, and vegetation have accumulated in the Dam #1 spillway approach area. A Beach Restoration Project located to the right of Dam #1 was completed earlier this year and opened to visitors this summer. Part of the restoration included raising the level of the lake from elevation 38.3 to elevation 43.3. This level will be maintained through the summer and then lowered back down to El. 38.3 to allow the dam rehabilitation to be completed in dryer conditions. Once complete, the level will be raised back to El. 43.3 and maintained at this level. The lowering of the water level is temporary in nature and there will be minimal impact to wetlands. The work to bring the dams back into compliance includes the following: *Removal of all trees, woody vegetation, and stumps from the up and downstream slopes and within 20 feet of the downstream toes and abutments at each dam; *Armor the upstream slopes with riprap; *Regrade the downstream slopes to minimum 3H:1V slopes at each dam and establish a grass surface on the slopes; *Clear debris from the outlet structure at Dam #1 and replace the covers above the stop log channels; * Raise the downstream headwall at Dam #1 by approximately 2.5 feet to facilitate regarding of the downstream slope; * Construct an ADA pathway at the beach area to the right of Dam #1 and remove select trees; *Abandon the outlet works at Dam #2, #3, and #4; and *Regrade and repair rutting of the dam crests at the end of construction to create uniform crest grades. There will be a total of 275 square feet of permanent BVW impacts downstream of Dam #2 and Dam #4 associated with re-grading efforts. In addition, 60 square feet of isolated wetlands will be permanently impacted downstream of Dam #3. The applicant proposes a 870 square foot replication area downgradient of Dam #1 as part of the existing BVW. The work as proposed has been reviewed by DCR Dam Safety, USACOE, and MassDEP. The work is necessary to create a safe environment for park users and will enhance the existing resource areas. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Bill Higgins and Tom present. Motion to approve with special conditions 1, 2, 3, 4, 5, 14, 19, 21, 25, 26, 27, 28- NHESP report forwarded to TCC when received, DB, second MI, so voted. 3. 34 Downing Drive, Alves, (NOI), SE73-2763 Field report states that this filing is for the proposed grading and filling of rear yard in order to create a gentle slope and plant fruit trees and grass. The work will be 15 feet from the wetland edge. A siltation barrier is placed 15 feet from the wetland and is the limit of work. The previous owner had raised the backyard in order to install an above ground pool. Prior to the applicants purchase of the property, the pool was removed but the raised area remained. The work as proposed will not create any impervious areas. The addition of fruit trees and lawn will stabilize the area and create a food source for humans as well as birds and other animals, and create a level playing area for children. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Violation was heard first. Mr. Alves the homeowner was present. He did not know about the wetlands, was just trying to clear and fix yard that was a mess when he bought the property. Motion to remove the violation, LF, second DB, so voted. ST told him do not do anything without checking with MR. Motion to approve with special conditions 1, 2, 5, 19, 21, 27, LF, RE, vote taken motion carries 3-2. Opposed DB and MI. In Favor LF, RE, and ST. 4. 110 Country Way, Abraham, (AMEND), SE73-2504 Field report states that this original filing was for the construction of a 10’ x 25’ addition to the west side of an existing dwelling. This work has been completed and areas are stable. The reason for the amendment is to approve the additional lawn and volleyball area that have already been placed and to approve the request for a paved driveway to the existing shed/garage in the rear of the property. The shed/garage existed prior to the original filing. The new lawn area and volleyball area were constructed without understanding the necessity to amend the current order of conditions which expires on 6/7/19. The volleyball area is a sand rectangle and is pervious. The area where the proposed addition to the driveway would go slopes gently toward the wetland and would fall within the 25 foot WPZ. The additional lawn work and volleyball court are 26 feet from the river and 1-3 feet from the BVW. The driveway will be about 23 feet from the BVW and 55 feet from the river. The lawn and volleyball court do not add any impervious surface while the driveway will add some impervious surface. If the flow from the driveway is pitched toward the lawn, stormwater would be directed through the lawn prior to entering the wetland. If the Commission approves the amendment, then MR would recommend that the following additional special conditions be added to the current list: SC28: No additional work may be done to the property within the 25 foot WPZ. Present Fred Abraham and his wife. Motion to approve with addition conditions that they abandon the volleyball court, leaving it as is but no more use, end the driveway addition at the end of the shed, the front left corner, and no snow storage passed the shed/garage, DB, second LF, so voted. 5. 250 Lakeview Ave., Waterman, (NOI), SE73-2764 Field report states that this filing is for the demolition of a 43.2’ x 31.3’ house and construction of a new home with the same dimensions within 100 feet of . There is a retaining wall along the lake side property line and there is no associated wetland. The original house was built on a slant and was 23.7 feet from the edge of the retaining wall/lake. The applicant will be squaring off the house so that the house is farther from the side property lines, and will be set 21.9 feet from the retaining wall/lake. The proposed garage is outside the 100 foot buffer zone and therefore outside jurisdiction. The work as presented will not negatively impact the lake or adjacent properties, as the house is being replaced in almost the identical spot. MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. A siltation barrier needs to be placed along the retaining wall. Ron Waterman and Peter Waterman present. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 15, 19, 21, 24, 25, 26, and 27, DB, second RE, so voted. 6. 396 Winthrop Street, Akhter/16 Legion, LLC, (NOI), SE73- Field report states this filing is for the proposed sewer tie-in from the existing building to the public sewer line on Winthrop Street, saw cut and repair pavement, remove the existing shed and replace with a dumpster in the same location. This property abuts the and the Top of Bank and associated wetland were delineated by Earth Services Corp., on 3/26/18. Siltation barriers are depicted on the plan to the side of each rear corner of the building. And will be considered the limit of work. The only work within the 25 foot WPZ is the removal of the shed and placement of the dumpster. A gravity sewer line will connected from the building to the grinder pump and then sent via a force main to the sewer connection at the corner of Cohannet and Winthrop Streets. There will be no changes to the grassed area at the corner of the property or to the building. A stockpile area is shown on the plan just outside the grassed area and within the paved parking lot. The work as proposed will not negatively impact the resource areas, therefore MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. MR also recommends that the delineation be approved as follows: TOB1 to TOB3, ESC1 to ESC3, and for reference purposes only, TOB4 to TOB6, and ESC4 to ESC6. Karen Patnaude present. Motion to approve with special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, and 27, DB, second RE, so voted. 7. Longmeadow Road (56-126), Varley/Next Generation Homes, (NOI), SE73- Field report states that this filing is for the construction of a two family home with utilities and associated grading. The BVW was flagged by Walter Hewitson on 5/4/15, and refreshed by SFG Associates, Inc., in June 2018 using pink flags 21 through 35. The new duplex will be serviced by City sewer and water. The building will be 27 feet from the street and 20 feet from the southerly side property line. A siltation barrier is depicted on the plan and will be 5 feet from the BVW at its closest corner. Grading falls within 9 feet of the BVW in the rear. A corner of the northerly deck and grading along the northerly side of the home, fall within the 25 foot WPZ. All ± on the plan must be removed prior to building permits. MR recommends that the TCC approve this plan and issue an order of conditions to include the attached special conditions. MR also recommends that the wetland line be approve: flags 22-35, with flag 21 for reference purposes only. Steve Gilbert from SFG was present. Flat and level out back behind the house. Very tight fit with a duplex on this site. Motion to deny, DB, second MI, vote taken, 3-2 motion fails. In Favor, DB and MI. Opposed LF, RE, and ST. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 17, 19, 21, 24, 25, 26, 27, and 28- remove all ± monuments, LF, second RE, vote taken, motion passes 3-2. Opposed DB and MI. In favor LF, RE, and ST.

Violation:

1. 34 Downing Drive. Violation was removed. 2. 19 Ingell Street. Motion to remove the violation, DB, second RE, so voted.

Other Business:

1. 147 Winthrop Street. Don Seely attorney from the bank, was present. Abutter Juanita Gallagher, an abutter, was also present. ST asked about hiring someone to protect the TCC and look out for them during this process. BSC has been hired to represent the TCC. ST wants MR and the TCC cc’d on all of the work and communications between LEC and BSC. Juanita Gallagher spoke. She is saying that she has spoken with experts who say the current plan they will use was good 12 years ago when it was created. The soil has changed so much since then that it will not work. It will damage abutting properties. The new owner has many neighbors to deal with. She is saying the court judgement went with the land not the owner. After much discussion and information passing back and forth, ST made a decision on the matter. Motion to have all the information on this property, sent to MR so she can distribute it to the TCC and the Law Dept so a decision can be worked out, all information must be in to MR by 7/26/18, DB, second LF, so voted. 2. Craig DeMoura, Lake Sabbatia. MR was asked to write a letter to DCR requesting new signs. Mr. DeMoura did go out and trim brush back so you could see the signs but they are faded and need replacing. Also Mr. DeMoura is witnessing people coming into the lake to wash the salt water off of their boats. This brings other organisms, etc into the lake and causes new things to grow and messes with the lake ecosystem. ST was doing research and weevils are brought in to fight the weeds, etc growing from the new things bring brought into the lake. MR will look into weevils. It was asked if the city had any grants to do some things at the lake. MR said she did submit a Lake Management Plan and will follow up on this. Once a Lake Management Plan is in place, they can apply for grants. 3. ST regarding gates and fence. ST asked MR to reach out to Marilyn Green, TCC wants 3 fence bids and 3 gate bids by meeting on 8/13/18. 4. Bunk Pond. MR to follow up on signage, barriers, and the fence on 495. Neighbors are calling with complaints.

Motion to adjourn, DB, second MI, so voted. Meeting ended at 9:30pm.