Minutes of the Taunton Conservation Commission January 22, 2018

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

Motion to table the minutes from December until the meeting on 2/12/18, DB, second RE, so voted.

Certificate of Compliance

1. 1619 Somerset Ave., Malloch Group, Inc., (COC), SE73-2666 Field report states that this filing was for the proposed construction of a single family home with attached garage, driveway, 12’ x 16’ shed, utilities, and associated grading. An existing shed was razed in the construction process. All work has been completed in significant compliance to the order of conditions which was issued on 8/16/16. The lawn is stable and there is no indication of disturbance into the adjacent wetland area. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted. 2. 50 Paige Way, Bairos, (COC), SE73-2579 Field report states that this filing was for the construction of a single family home, garage, driveway, utilities, and associated grading within the 100 foot buffer zone of a BVW. All work has been completed in significant compliance to the order of conditions issued on 5/13/14. The lawn is stable and there is no indication of siltation into the wetlands. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second RE, so voted.

Continued Public Hearing

1. Run Brook Circle, Aspen Properties Group, LLC, (ANRAD), SE73-2727 Motion to continue to 2/12/18, DB, second MI, so voted. 2. Massasoit State Park, MA DCR/Straub, (NOI), SE73-2735 Field report states that this filing is for the restoration of Middle Pond to its pre-drawdown conditions by removing vegetation to create a safe swimming environment. In 2009, Middle Pond beach campground was closed and the pond drawn down to discourage public swimming. The drawdown decreased the open water area from 28 acres to 22 acres, and lowered the water elevation from 43 feet to 38 feet. Over time, vegetated wetlands developed in the exposed soils previously part of the land under water (LUW). Vegetation has also grown within the beach area as well. The beach area fell into disrepair due to lack of funding. DCR has received funding to rehabilitate and reopen the Park campground, beach, and pond. The goals are 1) to return Middle Pond and the beach area to its pre- existing (2009) condition as much as possible and 2) manage the process of eutrophication in the Middle Pond to maintain the system as an ecologically valuable open water resource. The DCR proposes to meet these goals in three phases. The first is to remove the existing woody and emergent vegetation and the associated root and rhizome systems within the upper two feet of soil from about a .42-acre area of the former beach. The material removed will be de-watered and re-used in an upland location and clean sand will be placed in the beach location at the original grade. Approximately .39 acres within this area is located within BLSF. Approximately 1,040 cubic yards of material will be removed. The area will be replenished with the same amount of clean sand and graded to original grade. There will be no net change in the volume of material or ground surface elevations within the BLSF or 100 foot buffer zone. No new material will be placed within the BVW or LUW. Second, the flashboards at the Middle Pond dam will be replaced thus restoring the pond to its pre-drawdown conditions. This will raise the water level five feet and expand the surface area approximately 6 acres, from 22 acres to 28 acres. Third, DCR will use a hydro-rake to remove rooted vegetation within and around the former swimming area once the water level returns to historic conditions to ensure a safe environment, free of vegetation, for swimming. Targeted vegetation includes broad-leaf cattail and common reed. The vegetation growth will need to be managed to maintain the beach and swimming area and then transported to an upland area within the park for composting. Future use of the hydro-rake may be necessary to maintain/control the growth of vegetation within the swimming area. The project is projected to take place in the Spring of 2018 and will take approximately four weeks to complete. The construction sequence is as follows: 1) Site access, 2) Establishment of temporary stockpile and dewatering area and erosion/sedimentation controls, 3) excavation of old beach sand from Middle Pond beach, 4) dewatering of excavated material, 5) transportation of dewatered material to location within the park for re-use, 6) replenishment of beach with new, clean sand at the beach, 7) replacement of flashboards, 8) allow pond to return to pre-drawdown levels, 9) hydro-raking vegetation in the vicinity of the swimming beach, and 10) site cleanup and restoration of access points. Siltation barriers and turbidity curtains will be put up along the work area to limit the spread of suspended solids and any turbidity within the adjacent wetland areas. Construction equipment will access the work site via a temporary gravel drive which will trap loose soil from tires and treads. When leaving the site, vehicles will be cleaned of sand and debris. The removed material will be transported from the work footprint and brought to the temporary stockpile and dewatering area. Once dewatered, the material will be transported by dump trucks to the final re-use site within the park. The DCR Office of Dam Safety intends to make minor modifications and repairs to the four Middle Pond Dams, all of which are in poor condition. The dam repair work will be permitted separately from the work described in the project narrative. The project will require review by the Executive Office of Energy and Environmental Affairs pursuant to the MEPA, approval by the NHESP, and authorization by the New England District of the USACE under the MAGP in addition to an order of conditions issued by this Commission. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Present Alex Paterson. This is a 3 phase project. They will be removing and replacing degraded sand. DB on going project to keep out the growth of the invasive species? They feel with ongoing public use the invasive species should not regrow or at least not very fast. ST questioned if the hydro-raking will hurt any species under water? Not fish, sometimes turtles can get caught up in it but they will have an environmental monitor on site who will monitor for this. The work will begin in the spring, beach and campground set to be open for the season. ST asked if a lifeguard will be on duty at the beach? Alex does believe so. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, and 28- copy of WQC should be sent into ConComm office to be put in as part of the file, DB, second MI, so voted. 3. 1580 Glebe Street, Faria, (NOI), SE73-2731 Field report 2 states that this project is for the construction of a single family home with attached garage, 16’ x 40’ in-ground pool, grading, septic system, and utilities. The wetlands were delineated by karl Drown on 9/24/17. One wetland, located on an adjacent property, was flagged but the owner removed the flags. A second BVW was flagged along the southwesterly property line, orange flags WF 1 to WF 9. The entire site is also within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. There have been concerns brought up that the applicant cannot build a house or put in a septic system because they are within a surface water protection area. Nowhere in the regulations does it state that a home cannot be built within this area, nor does it state that a septic system cannot be built, if it meets Board of Health and State setbacks. The Board of Health regulations does not prohibit building a system within this area, but there are restrictions as to the design of the system. This is not in a coastal zone, velocity zone, or regulatory floodway. The site is not within 200 feet of a perennial stream, and no ponds or lakes are in the vicinity. The home will be more than 600 feet from the tributary to the Segreganset . There was much disagreement over this project and a request for a letter from DEP to clarify the situation resulted in a continuation to the 1/22/18 hearing date. Bruce Bouck from DEP has been out to the site and on 12/13/17 wrote the following (synopsis-entire document is attached): Zone A protection is 400 feet around the actual surface water public water supply but is only 200 feet from any tributary to that surface water supply. In the case of 1580 Glebe Street, Taunton, Bouck states he was out on the site with MR on 11/17/17. Based on that filed visit, Bouck had asked for Karen and Mike to survey elevations along the channel in question to determine the high point. This would indicate the divide where surface water flowed north back into the small pond and south to the stream that eventually flowed into the surface water supply. That divide was provided to me at coordinates N: 2787019.6772’ E: 740430.0468’ with an elevation of 154.573 feet. North of the small pond there was no visible channel so the high point elevation mentioned is the actual start of the tributary that then flows south to the surface water supply. From that start of the tributary, there is 200 feet of Zone A protection, NOT 400 feet. Although MassGIS will not have this mapped in their system until a few months from now, as of my previous approval of the revised Zone A (via email to Mike Patneaude on 12/8/17 at 8:40PM), the new revised Zone A is official as of 12/8/17. A revised plan showing the Zone A Protection area has been submitted to the Commission (dated 11/22/17). The work as presented will not negatively affect the wetlands or adjacent properties, and meets state regulations as well as Board of Health regulations, 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 TCC approve the wetland to the southwest, flags WF-1 to WF-9. Attorney Manganello present for applicant Craig Faria. States the definition of Zone A in this case differs. The project is completely outside the WPZ. DB said she did have an issue with the Zone A before, it was confusing but now that it has been explained, she has no issues with it. Motion to approve with special conditions, DB, second MI, show of hands 2 For (DB, MI) and 3 Opposed (RE, ST, LF). DB states there is absolutely no reason to deny this project. The TCC has approved things like this before. DB will stand and say she believes the owner will do what he is supposed to do. DB asked for reconsideration on the motion. Motion to approve with special conditions, DB, second MI, show of hands 2 For (DB, MI) and 3 Against (RE, LF, ST). Motion fails. 4. Caswell Street, Dutra, (ANRAD), SE73-2730 Mr. Dutra was asked to be present tonight and is not here. DB said she will make a motion to continue it but if he is not present at the next meeting then it will have to be decided based on facts. Motion to continue to 2/12/18, applicant must be present, decision will be made at next meeting, DB, second MI, so voted. 5. Westcoat Drive (110-124), Taunton Municipal Airport, (NOI), SE73-2738 Amanda Atwell and Craig Scheuster present for the project. Steve Perry present from Airport Commission. Deer are an issue on the runway. There was a strike there in 2014. The fence will be 10 feet tall. MI asked why not 12 feet? FAA will only fund up to 10 feet unfortunately. ST asked how often perimeter fence is checked? Steve Perry said supposedly it is checked weekly. Motion to approve with conditions 1, 2, 3, 4, 5, 21, 25, 26, and 27, DB, second LF, so voted.

Public Hearing

1. 24 Clifford Street, City of Taunton/Supt. Of Schools, (ANRAD), SE73-2743 Field report states that this filing was submitted for the purpose of a wetland delineation approval. The wetland resource areas were flagged by Rimmer Environmental Consulting, LLC on 11/8/16.. MR reviewed the delineation on two separate occasions in November and MR agrees with the placement of the flags. There are four sets of flags A1-A98, B1-B8, C1- C8, and D1-D19. Descriptions of each area are as follows: Series A (A1-A98): this area flags a large BVW that is located from the south side of the school to east. This is primarily forested with red maple as the dominant species. Other species include elm, greenbrier, sweet pepperbush, silky dogwood, and smooth arrow-wood. Series B (B1- B8): these flags delineate a small ILSF in the westerly portion of the site. Red maple, American Elm, buckthorn, arrow-wood, greenbrier, and poison ivy are the dominant species present. This does not meet the state criteria for an ILSF, but does meet the local Bylaw threshold of 1,000 square feet or 100 cubic yards of ponding. Series C (C1- C8): this is a larger ILSF within the northerly portion of the site abutting properties on Tremont Street. This area contains silver maple, red maple, buckthorn, poison ivy, rush species and wetland grasses. It is unknown whether this area meets state criteria, but again it does meet the local Bylaw criteria for ILSF. Series D (D1-D19): this series follows the toe of slope of an upland knoll to the east of the larger Series A. This knoll extends into the wetland and is dominated by invasive species including bittersweet, Japanese knotweed, and multiflora rose. An area of BLSF is located in a lawn area north of the parking lot along Clifford Street. This area contains a catch basin and appears to collect and convey stormwater toward Cobb Brook during flood events. FEMA identifies a 100 year site. There was no evidence of hydric soils. MR recommends that the TCC approve the wetland delineation of the above resource areas, A1-A98, B1-B8, C1-C8, and D1- D19, and issue an ORAD. Michelle Rogers and Mary Rimmer present for the project. Abutter meeting is scheduled for January 29, 2018 time TBD. Motion to approve, DB, second MI, so voted. 2. Riverfield Road (125-49), Binda, (NOI), SE73-2739 Field report states that this filing is for the construction of a single family home with utilities, driveway, septic system, relocation of the current driveway to the home on the rear adjacent lot, and associated grading. The wetland line was originally established by Walter Hewitson and approved in 2003. Flags 21 through 31 were refreshed in the field by SFG Associates in December 2017. Flags 22-30 are on the property under review. All other flags are for reference purposes only. A siltation barrier is depicted on the plan at least 25 feet from the wetland edge and is considered the limit of work. Grading falls within 26 feet of the wetland, while the edge of the driveway and home are 44 feet and 45 feet away, respectively. The new driveway falls within the existing 20 foot drainage easement. The septic system will be located in the front of the house with just a small portion of the soil absorption system within the 100 foot buffer zone. The tank will be entirely inside the buffer zone. The work as presented will not negatively impact the wetlands or adjacent properties, therefore MR recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Brad Fitzgerald present. Motion to approve with special conditions 1, 2, 3, 4, 5, 7, 8, 9, 17, 19, 21, 24, 25, 26, and 27, DB, second MI, so voted. Christopher Hughes an abutter, address 81 Riverfield Road was present. His concern was with flooding onto his property. He was told they are not allowed to put water onto other properties and if he sees this to call TCC at once. 3. Short Street (28-170), Anderson, (NOI), SE73-2742 Field report states this filing is for the construction of a single family home with deck, well, driveway, septic system, wetland crossing, utilities, and associated grading within the 100 foot buffer zone of a BVW with a potential vernal pool (PVP). The potential vernal pool is within the BVW and therefore, does not have an additional buffer. The wetland resource areas were delineated by Ecosystem Solutions, Inc. on 10/12/17. MR reviewed the site on 1/3/18 and is in agreement with the placement of the flags, VP1-VP8, and A1-A39. The property is at least 500 feet from the to the west and 300 feet from an unnamed perennial stream to the south. The wetland crosses the property in the front and encircles an upland area, located in the middle of the lot, following the easterly sideline. The vernal pool is entirely off property. The driveway will be tied in to the existing driveway. A wetland crossing is proposed for the driveway to secure access to the upland area where the proposed house is to be located. This area is otherwise landlocked. The plan is proposing 20’ long, 12” HDPE pipes with riprap. In order to ensure a true wildlife crossing, MR highly recommends that this be changed to a box culvert. This would eliminate the necessity for riprap and would create a safe crossing for small wildlife, and maintain a more natural connection between the separated sections of BVW. This lot is entirely within NHESP priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. The wetland crossing will disturb approximately 2,264 square feet of BVW. The applicant is proposing a 2,400 square foot replication area, just over 1:1. The ByLaw states that the replication area be “…at least twice the area of the wetland the applicant seeks to fill except for jurisdictional ILSFs”. MR recommends that the applicant propose a 2:1 replication area as this is not only BVW, but also NHESP priority and estimated habitat as well as ACEC. The siltation barrier is depicted around the entire work area and is to be considered the limit of work. The house and septic system are outside the 25 foot wpz. The plan shows a boulder wall extending from the left and right rear wall. A detail of this retaining wall needs to be included on the plan. The house and garage will be 60 feet from the easterly wetland and 55 feet from the westerly wetland. The septic system leaching field will be 54 feet from the BVW and grading will be 30 feet away. There are no elevations for top of foundation, basement floor, or garage floor. These must be included on the plan. MR recommends that the TCC continue this filing to the 2/12/18 meeting date so that a revised plan showing elevations, detail of the retaining wall, and 2:1 replication can be created. Addendum to Field Report: In my field report of 1/16/18, MR writes that a box culvert rather than two pipes be utilized for the wetland crossing within the proposed driveway. MR also recommended that the replication area be a 2:1 ration rather than the proposed 1:1. In addition, MR recommended that a detail of the retaining wall, elevations for top of foundation, basement floor, and garage floor. On 1/19/18, the engineer emailed a new plan set and MR received the hard copy today (1/22/18). The applicant will be installing a 3’ wide x 1.5’ high x 16’ long open bottom culvert for the wetland crossing per MR recommendation. The new plan contains a detail of the proposed boulder wall with the westerly side dropping from 91.0 ti 89.0, and the easterly wall dropping from 91.0 to 87.0. Boulders will be set 18” into the slope for stabilization. There are now two replication areas, the southerly area 2,400 square feet, and the northerly area 2,270 square feet for a total of 4,670 square feet, just over a 2:1 ratio. Top of foundation in the front will be at 89.0 and 95.0 in the rear. Garage and cellar foundation will be 87.5. MR withdraws her recommendation that this filing be continued and instead recommends that the TCC approve the project and issue an order of conditions to include the attached special conditions. Present Brad Fitzgerald and Robert Anderson. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 17, 19, 21, 24, 25, 26, 27, LF, second JR, vote 4-1, motion carries. DB opposed. 4. Off Fisher Street (75-22), Rich, (ANRAD), SE73-2744 Field report states that this filing is for the approval of a wetland delineation of resource areas within the above mentioned property. The delineation was conducted by LEC Environmental Consultants, Inc., in October and December, 2017. They identified BVWs, intermittent streams within the BVWs, isolated wetlands, BLSF and the Riverfront Area associated with the Three Mile River. This property is on the south side of Fisher Street with an access road between #100 and #70 Fisher Street. MR reviewed the wetland lines with Claire Hoogeboom, Wetland Specialist with LEC on 1/16/18. MR is in agreement with the placement of the flags for the delineations of the resource areas as follows: Flags WF1-WF98: This series delineates the largest of three BVWs and is located in the rear of the property from west to northeast and follows the Zone “X” floodplain. This is a forested wetland that borders an intermittent stream that flows toward the Three Mile River along the southeasterly portion of the site. Topography varies with this BVW with red maples dominating the forested wetland, while buttonbush is the dominate species within the scrub shrub swamp. There is an oval shaped depression dominated by buttonbush south of wetland flags 46-48 which may provide vernal pool habitat along with the scrub shrub swamp. There is a second oval shaped depression between flags 55 and 82-84 that may hold up to 12 inches of water during the spring. Flags WFA-1 – WFA8: These flags mark an isolated wetland in the westerly corner of the property 80 feet east of flag WF7, 55 feet north of flag WF16, and 100 feet west of flag WF24. This is a small depression that does not appear (based on water marks) to hold enough standing water to qualify as a potential vernal pool, nor does it appear to meet conservation ByLaw’s definition of a jurisdictional ILSF. Vegetation within this area consists of red maple, greenbrier, winterberry, cinnamon fern, and sphagnum moss. Flags WFB1-WFB9: This area is an isolated wetland located in the eastern portion of the property 35 feet northeast of BVW flag WF71. This ILSF has pits and mounds and is dominated by red maple, sweet pepperbush, tupelo, highbush blueberry, royal fern, cinnamon fern, and sphagnum moss. This area does not appear to be a potential vernal pool but seems to meet the ByLaw criteria for a locally jurisdictional ILSF but does not meet the state definition. Flags WFC1-WFC15: This is a forested BVW located along the southerly property line and borders on an intermittent stream. Dominant vegetation is composed of red maple and greenbrier. Flags WFD1-WFD7: this BVW is located in the northwesterly corner of the property and is associated with an off-site intermittent stream. Red maples dominate this wetland. Riverfront and BLSF: The Three Mile River is to the southeast of the property. The 100’ and 200’ Riverfront boundaries are noted on the plan. The BLSF is associated with elevation 40, Zone AE, as shown on the plan and generally follows the BVW line. MR recommends that the TCC approve the wetland delineations and issue an ORAD as follows: WF1-WF96 with WF97-WF99 for reference purposes, WFA1-WFA8, WFB1-WFB9, WFC3-WFC13, with WFC1, C2, C14, and C15 for reference purposes, and WFD2-WFD7 with WFD1 for reference purposes. Niles Zager present for the applicant. Motion to approve and issue ORAD, DB, second LF, so voted. 5. 117 Summer Street, Cambra, (NOI), SE73- Motion to open and continue DB, second MI, so voted. Vote taken 4-1 motion carries. Motion to continue to 2/12/18, DB, second RE, so voted. 6. RR (East of Route 140), Mass DOT, (NOI), SE73-2741 Field report states that this filing is for approval of reconstruction of track infrastructure-track, bridges, and grade crossings- along the Middleborough Secondary in Taunton as part of the South Coast Rail Project. Work will occur within bank, BVW, and LUW. The wetland resource areas were identified by VHB environmental scientists on 9/7/16. BLSF was not flagged but is based on published FEMA flood elevations. There are 22 wetlands located along this RR ROW. The and are the large systems along this segment. On 11/14/17, MR rode the tracks with VHB and MassCoastal to review the wetland resource areas which are detailed as follows and are for reference purposes only: Wetlands: TMS-2: forested wetland north of the ROW with 2 intermittent streams, TMS-3: forested wetland south of the ROW with an intermittent stream, TMS-5: forested wetland north of the ROW associated with the Cotley River, TMS-6: forested wetland north of the ROW associated with the Cotley River which transitions to wet meadow adjacent to the river, TMS-7: wet meadow associated with the Taunton River, TMS-9: scrub shrub on south side of ROW, TMS-10: emergent wetland with scrub shrub fringe on both sides of ROW, TMS-11: scrub shrub wetland north and south of ROW with perennial stream channel culverted under rail. Connected to intermittent channel adjacent to abandoned cranberry bog on south side of berm, TMS-12: forested wetland with scrub shrub fringe on north side of ROW. An intermittent stream connects TMS-12 to TMS-13 on the south side of ROW, TMS-13: pond with emergent and scrub shrub wetland on south side of ROW, TMS-14: forested wetland north of ROW. An intermittent stream connects TMS-14 to TMS-15 on the south side of ROW. TMS-15: forested wetland south of the ROW, TMS-16: emergent wetland south of ROW encompassing a cranberry bog transitioning into forested wetland, TMS-17: forested wetland north of ROW associated with cranberry bogs. Connected to agricultural ditches and intermittent streams. Includes a PVP 25438-certifiable vernal pool, RMS-18: forested wetland south of ROW. Connected to an intermittent stream channel, TMS-21: isolated forested wetland on north side of ROW includes PVP 25490 certifiable vernal pool, RMS-7: forested wetland with intermittent stream. Connects to RMS-6 via culvert under berm, Bank: this rail line crosses 11 streams, four perennial- Cotley River, an unnamed perennial stream, Richmond Brook, and a perennial tributary to the Taunton River, TMS-2: 2 intermittent streams between County Street/Route 140 and Route 24, TMS-3: intermittent stream east of County Street, TMS-5: , TMS-6: Cotley River east of Route 24, TMS-7: Taunton River north of Red Lane, TMS-10: Richmond Brook east of Taunton River, TMS-11: unnamed perennial stream south of ROW, east of Taunton River, TMS-12: intermittent stream north of ROW, east of Taunton River, TMS-13: intermittent stream south of ROW, east of TMS-11, TMS-14: intermittent stream north of ROW, west of culvert CV-TA-2, TMS-15: intermittent stream south of ROW, west of culvert CV-TA-2, TMS-17: intermittent stream north of ROW, west of Taunton-Raynham line, TMS-18: intermittent stream south of ROW, west of Taunton-Raynham line, TMS- 19: intermittent stream at Taunton-Raynham line, BLSF: based on FEMA flood elevations, BLSF 17T/:, BLSF 16T: Taunton River between Middleborough Avenue and Church Street. Elevation 14, BLSF 15T:, BLSF 14T: Cotley River east of Route 24 and Route 140 intersection. Elevation 22, ILSF: there are six isolated wetlands along this section of track. Five are small depressions that appear to contain water for limited periods and do not qualify as ILSFs but are considered IVWs subject to federal jurisdiction. The sixth is Thatcher’s Pond, a large coastal plain pond, which qualifies as an ILSF. TMS-1: isolated depression north of the ROW and west of County Street, TMS- 8: isolated scrub shrub wetland on south side of ROW and east of Old Colony Avenue, TMS-20: isolated forested wetland on north side of ROW and west of Middleboro Avenue, TMS-21: Thatcher’s Pond, TMS-22: isolated forested wetland and certifiable vernal pool on south side of ROW, LUWW: this is defined as any land beneath any creek, river, stream, pond, or lake. The channel beds of intermittent streams are being considered LUWW per DEP for this application, TMS-2: 2 intermittent streams between County Street/Route 140 and Route 24, TMS-3: intermittent stream east of County Street, TMS-5:, TMS-6: Cotley River, TMS-7: Taunton River, TMS-10: Richmond Brook, TMS-11: unnamed perennial stream south of ROW and east of Taunton River, TMS-12: intermittent stream north of ROW, east of Taunton River, TMS-13: intermittent stream south of ROW, east of TMS-11, TMS-14: intermittent stream north of ROW, west of culvert CV-TA-2, TMS-15: intermittent stream south of ROW, west of culvert CV-TA-2, TMS-17: intermittent stream north of ROW, west of Taunton/Raynham line, TMS-18: intermittent stream south of ROW, west of Taunton/Raynham line, TMS-19: intermittent stream at Taunton/Raynham line, Riverfront Area: Per 310 CMR 10.58 (2)(a)3, this is the area of land between the river’s mean annual high water line outward from the river and a parallel line located 200 feet away, BLSF TMS-7: Taunton River- along the Taunton/Raynham municipal line, BLSF TMS-B5: Cotley River-east of Route 24 and Route 140 intersection, Vernal Pool: Along this rail line there were five vernal pools found to be certifiable during MassDOT’s Vernal Pool Survey: VHB VP23, PVP 25438, PVP 25490, VHB VP7, and GHB BP6. Three of the vernal pools are within 100 feet of the Middleborough Secondary in Taunton- PVP 25438, PVP 25490, and PVP VHB VP7. All are located within BVW, Estimated Habitat of Rare Wetlands Wildlife: Portions of the rail fall within NHESP Estimated Habitat of eastern box turtle. These areas along the RR ROW are TMS-21, TMS-22, TMS-20, RMS-7, TMS-19, RMS-18, TMS-17, TMS-16, TMS-15, TMS-14, TMS-13, and TMS-12. Wildlife crossings are proposed as mitigation for the project. Construction on the Middleborough Secondary includes track improvements to 4.02 miles of the track from the Lakeville town line to the Route 140 rail crossing and will involve track improvements, track drainage, and installation of signals and communication systems. Proposed work on certain bridges and culverts qualifies for being advanced in accordance with the Footprint Bridge exemption, and are not included within this NOI. The proposed track work consists of constructing new track structure within the active freight ROW. New track bed, drainage, ditches, ballasts, ties and new steel rail will be installed and the existing track and ties will be lifted six inches and new ballast placed beneath the ties. The existing embankments will be modified to accommodate the new track section, and signal and communication cables will be installed in a trench located outside the new ballast footprint. Proposes impacts to wetland resource areas within this portion of the project are as follows: Bank: 6 linear feet of permanent impact, BVW: none, BLSF: 1,354 square feet of permanent impact, LUWW: 8 linear feet of permanent impact, Riverfront Area: 78,036 square feet of temporary impact, no permanent impact. Additional permits required include Water Quality Certification under 314 CMR 9.00 and Section 401 of the Federal Clean Water Act, and a Department of the Army Section 404 Permit from the U. S. Army Corps of Engineers for placement of fill in jurisdictional wetlands. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Motion to hear this with the next RR hearing, DB, second RE, so voted. 7. RR (West of Route 140), Mass DOT, (NOI), SE73-2740 Field report states that this filing is for approval of reconstruction of track infrastructure-track, bridges, and grade crossings along the New Bedford Main Line and portions of the Middleborough Secondary in Taunton, and construction of a new commuter rail station as part of the South Coast Rail project. Track work will include track improvements, culvert replacements, track drainage, and installation of signals and communications systems. The proposed East Taunton Station will include a new platform, associated track improvements including culvert replacement, parking facilities, and stormwater drainage features. There will be 1.3 miles of track improvements on this line. Work will occur within bank, BVW, and LUW. The wetland resource areas were identified by VHB environmental scientists on 9/9/16. On 11/14/17, MR rode the tracks with VHB and MassCoastal to review the wetland resource areas which are detailed as follows and are for reference purposes only: BVWs: There are 16 wetlands within the ROW west of Route 140. Seven wetlands (TS-1 through TS-7) are not in the ROW but are adjacent to the proposed East Taunton Station site, TCM-7East: forested wetland north of Middleborough Secondary and west of new Bedford ROW, TCM-10West: forested wetland south of North Wye track, west of New Bedford ROW, TCM-9A: forested wetland south of North Wye track, east of New Bedford ROW, TCM-9B: forested wetland east of TCM-9A, southeast of Quad Graphics siding track, west of New Bedford track siding at Cotley Junction, TCM-12: red maple swamp with emergent wetland components east of ROW, north of Route 24, TCM-13: red maple swamp, TCM-11B: forested wetland connected to TCM-14 under West Stevens Street, north of Stevens Street, east of ROW, BKCM-5: red maple swamp bordering unnamed perennial stream. South of Stevens Street, east of ROW, TS-1: forested wetland with an intermittent stream in manmade channel. Adjacent to proposed East Taunton Station, TS-3: forested wetland west of Industrial Drive along northern edge of proposed Taunton Station, TS-6: forested wetland east of Industrial Drive along northern edge of proposed Taunton Station property, Bank: this rail line crosses one intermittent stream, TCM-9A: intermittent stream south of Middleborough Secondary and west of New Bedford ROW, TCM-9B: intermittent stream south of Middleborough Secondary and east of New Bedford ROW, TS-2: bank of intermittent stream at the proposed East Taunton Station. Manmade channel culverted beneath Industrial Drive, TS-4: open water pond east of Industrial Drive on proposed East Taunton property, TS-7: open water pond on the proposed East Taunton station property, BKCM-5: intermittent stream east of New Bedford Main ROW at Berkley town line, ILSF: there are two isolated wetlands along this section of track (TMS-7 west and TS-5). Neither is large enough to meet the definition of ILSF but both are subject to federal jurisdiction as IVWs, LUWW: this is defined as any land beneath any creek, river, stream, pond, or lake. The channel beds of intermittent streams are being considered LUWW per DEP for this application, TMC-10 WEST: , TCM- 9A: intermittent stream south of Middleborough Secondary and west of New Bedford ROW, TCM-9A/9B: intermittent stream south of Middleborough Secondary and east of New Bedford, TS-4: open water pond to the east of Industrial Drive on the proposed Taunton Station property, TS-7: open water pond on the proposed Taunton Station property, Riverfront Area: Per 310 CMR 10.58 (2)(a)3, this is the area of land between the river’s mean annual high water line outward from the river and a parallel line located 200 feet away. There are no perennial streams associated with this project. Vernal Pool: along this rail line there are four vernal pools within 100 feet of the RR ROW-VHB VP3, VHB VP6, PVP 25399, and PVP 25398. Estimated Habitat of Rare Wetlands Wildlife: this project does not fall within NHESP Estimated Habitat of Rare Wildlife. Construction on the Middleborough Secondary and New Bedford Main Line include track improvements as follows: new track bed, drainage, ditches, ballast, ties, new steel rail, and installation of signals and communication systems. Proposed work on certain bridges and culverts qualifies for being advanced in accordance with the Footprint Bridge exemption, and are not included within this NOI. The proposed track work along the Middleborough Secondary consists of lifting the existing track and ties up 6 inches and placing new ballast under, the existing embankments will be modified to accommodate the new track cross section including side drainage ditches an dballast side slopes, and signal and communication cables will be installed in a trench located outside the new ballast footprint. Work through Cotley Junction and the New Bedford Main line will include replacing the existing ballast with new, replacing the sub-ballast with new material to meet current specifications, ties will be completely replaced with timber ties, the existing jointed rail will be replaced with new 132 pound continuously welded rail, modifying existing embankments to accommodate the new track cross section, installation of signal and communication cables in a trench outside the new ballast footprint, and retaining walls will be installed in three locations to minimize impacts to BVW. The work on the proposed East Taunton Station will consist of construction of a new platform, track improvements, parking facilities, culvert replacement, and drainage features. The station will be located on 4.8 acres and will include a 3.4 acre paved parking lot to accommodate 363 vehicles. The side slopes surrounding the parking lot will be graded to meet the roadway and station elevation. Access to the site will be from Route 140 with an additional 1000 foot access road connected to the existing 800 foot road that leads to Quad Graphics. This road will be 30 feet wide with a 5 foot concrete sidewalk along the north side of the drive. The station’s stormwater management system will include three infiltration basins, two bioretention areas with stone check dams, three sediment forebays, a retaining wall, and three overflow stone swales. The stormwater system is outside the wetland resource areas. Proposed impacts to the wetland resource areas within this portion of the project are as follows: Bank: 1.015 linear feet of permanent impact and 66 linear feet of temporary impact, BVW: 4,230 square feet of permanent impact and 0 square feet of temporary impact, LUWW: 5,219 square feet of permanent impact and 178 square feet of temporary impact. This project will result in 4,230 square feet of loss of BVW within four wetlands. The applicant is proposing mitigation of 5,200 square feet within the ROW acquisition at Cotley Junction, east of the Quad Graphics Siding. The site will connect to wetland TCM-9B on the east side of the ROW. In addition to the plantings and wetland seed mix, wildlife habitat will be established within the replication area. These features will include a creation of hummock and hollow microtopography, use of large boulders, fallen logs and woody debris. The construction of the mitigation area will be supervised by a wetland scientist. Additional permits required include Water Quality Certification under 314 CMR 9.00and Section 401 of the Federal Clean Water Act, and a Department of the Army Section 404 Permit from the U.S. Army Corps of Engineers for placement of fill in jurisdictional wetlands. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. DB in the past MBTA things she has had to step down but she is now cleared from any involvement with the MBTA currently and is able to hear and vote on this. Lars Carlson wetland scientist working with MassDOT, Jean Fox, Holly Palmgren, and a group of engineers. Abutters present: Susan King and Linda Michaud of Middleboro Ave-they own 26 acres of property on the river. They have a meeting with MassDOT set for Friday. Just hear to listen and ask questions if needed. Joe Rizzo 12 Battle Row-may want to meet with MassDOT regarding his 24 feet of land that runs parallel to the RR crossing on Old Colony Ave. Mark Torres present works for Quad Graphics and wanted to have an idea of what was happening with the property there. ST told them to please work with all the abutters, take time to answer their questions, etc prior to the next meeting. Motion to continue both to 2/12/18, DB, second LF, so voted.

Continued Violation

1. 39 Cortland Place. Motion to continue to 2/12/18, RE, LF, so voted.

Other Business

1. Regarding Briarwood Drive: Mr. Rego. Mr. Rego would like to withdraw his request. ST does feel that the city dropped the ball on this one. DB we cannot use the wetland filing fund to pay for this but she does thank Mr. Rego for doing this. LF his problem is with the city. They absolutely dropped the ball on this one and shame on them. DB does not agree with the City Solicitor’s decision on using the funds. She has done research and it cannot come out of there. Mr. Rego does absolutely feel the city dropped the ball with this. He is withdrawing his request and has another avenue he is going to attack to get things taken care of with his property. He doesn’t want to see something like this happen to someone else. MR said there has been interest in the property but when the fines are mentioned, people back off. 2. Update on EE’s sign. Look into something for NK up there. Perhaps Neil’s Pasture. MR will look into signs for these two ideas. 3. ST Bunk Pond. Signage and fence checked out. Would like this done before spring. 4. Boyden Gate. MR right now front gate is manual and when they leave at 4 they do not close it because it is too early. ST there was an OD near the building, gate needs to be locked. 5. ST request. ST would like all field reports part of the Commissioners’ Packets. 6. MACC Conference. Conference is on 3/3/18/. Motion to let MR know who is attending by the next meeting so she can have the attendees pre-registered and paid for prior to the conference, DB, second MI, so voted. 7. Peer Review on Run Brook Circle. Motion to approve, DB, second MI, so voted.

Motion to adjourn, ST, second JR, so voted. Meeting ended at 9:30pm.