Conservation Commission

Minutes of the Taunton Conservation Commission February 10, 2020 All present except Commissioner Freitas Motion to approve the minutes of the January meeting, MH, second MI, so voted. Motion to continue all items on the agenda without DEP #’s to March 16, 2020, DB, second MH, so voted. Welcome Ryan Almeida to the meeting. He is interning with Michele in the Conservation Department. Motion to speak with Michael O’Connell, owner of Spark Bikes, JR, second DB, so voted. He is hosting a non-competitive bike race. It goes through Massasoit and the Hutt Forest. There is a gate on Holloway Street, he is working on making sure it is not private property and how to get it opened just for the day of the race. O’Connell said there are bogs there but was told the road on the left is city owned. The race will be held on a Sunday, 9am start, should reach the point where the gate is around 930/940, they have their permits, city has approved this and they have a police detail. ST said he will look into this and get back to O’Connell as soon as possible. Motion to revert back to the regular order of business, DB, second MH, so voted. Continued Violation: 1. 208, 218, 228 Berkley Street. ​The sidewalk work that was done out there seems to be working. So far it doesn’t seem that there was an earth removal permit pulled. MR has been looking into it and right now Legal is doing some research on this. MR has not been able to get a straight answer so far as to whether they pulled the permit for this work. MH said this needs to end, they need to have a final meeting on this, have representatives from the Earth Removal Board, Legal Dept, city engineer, and building department present because the root of the entire problem is that a lot of earth was removed and whether is was appropriate or not, we still have no communication from anyone regarding this. MR was told the City Engineer wants to speak with the TCC on their own. ST doesn’t think it should be that way, the whole board should be present to speak with him. ST said this is all a very touchy subject but it needs to be put to rest. Motion to invite representatives from the Earth Removal Board, City Solicitor, Building Department representative, and the City Engineer to be present at the meeting on March 16, 2020 so with the TCC they can provide a resolution to this, advise them they will need to be prepared to discuss the issues regarding this site and the ongoing issues there, check deeds of earth removal permits for the property behind 208, 218, and 228 Berkley Street, have Tony Abreau present as well, MH, second DB, so voted. Scott Varley present, owner/builder of 208, 218, and 228 Berkley Street is present tonight. ST said he did make a motion at the last meeting to have Tony Abreau and Fred Cornaglia  present but told them after that they did not need to appear. Estrella’s were present tonight due to the issues with their property, as abutters. They want to know if there is any recourse for their land washing away? ST said their land was originally a mess from this and the TCC requested that Jeff Tardanico and Brian Fisher fix the damage that was done. They did what the TCC asked them to do and that is done. MH said there is a massive impact with the removal of dirt from the Pratt Street hill, he wants to know was it followed and done correctly? MR silt is still there and has not been removed yet. That needs to be done. The silt came from across the street and that is where the violation originated. Motion to put this at the beginning of the meeting on March 16, 2020, DB, second MH, so voted. Public Meeting: 1. 1 Falmouth Ave., Dean (RDA), DSE-1214 ​See field report. Present Peter Lyons- Collins Civil Engineers. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 14, 18, and 19, DB, second MH, so voted. 2. 882 Burt Street, Gonsalves, (RDA), DSE-1215 ​See field report. Present Bob Berube. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 18, and 19, DB, second MH, so voted. 3. 0 Dighton Ave., Aspen Properties Group, LLC, (RDA), DSE-1216 ​See field report. Present Brad Fitzgerald. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 5, 6, 14, 18, and 19, DB, second MH, so voted. DB is this Dighton Ave or an extension of it? It is actually Dighton Ave. MH asked what exactly a cape cod berm is and Brad gave the TCC an explanation. 4. 260 West Water Street, Riverhouse Weir Village, Inc., (RDA), DSE-1217 ​See field report. Seacoast Consulting-Rami Sidani present. RE asked about the water flow to the river? Nothing will end up in the river. Patio will be put in, not over river but rather extending into the current parking lot area. DB will the evasive vegetation be removed? Yes they will have a professional landscaper come out to take care of this. DB asked will they use chemicals? ST asked if they could maybe put a couple trash cans in the parking lot? Applicant said yes they are willing to do that. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, and 19, DB, second MH, so voted. 5. 62 Edgehill Drive, Vector Investments Group, (RDA), DSE-1218 ​See field report. Present Brad Fitzgerald. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 14, 18, and 19, DB, second MI, so voted. Continued Public Hearing: 1. 0 Hamlen Street, Sullivan, (NOI), SE73-2818 ​Present Brad Fitzgerald. Motion to approve with special conditions 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, 19, 21, 24, 25, 26, and 27, MI, second MH, DB opposed, motion passes 4-1  2. Lot 3 Run Brook Circle, Run Brook Development, LLC, (NOI), SE73-2820 ​Present Chris Moniz and Nick Dufresne. MR asked about access? Moniz said there will be a split rail fence so the area will be accessible. Moniz said he spoke with the neighbors, vegetation will be put in that they are in agreeance with. Everyone seemed happy with that. Deck size is 20.6? yes and bump out is 21. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 16, 17, 19, 21, 25, 26, 27, 28-no further disturbances is to be allowed toward the wetlands in perpetuity, 29-no additional structures can be built on site this includes pools, sheds, garages, but not limited to, in perpetuity, MH, second MI, opposed DB, motion carries 4-1. 3. Lot 10 Woodbine Street (64-153), Woodbine Properties Dev., LLC, (NOI), SE73-2830 Present Chris Moniz and Nick Dufresne. 45 feet of arborvitae will be put in, thuja-green giants. Moniz said the trees will be 4-5 feet, 5 feet apart, about 10 trees to go in. Abutters: Joshua and Elizabeth Gomes present 16.5 Belvoir Ave. Ms. Gomes wants to know how she can prevent the water and flooding? MR said it will not change but it also should not make it any worse. They are not supposed to send any more water onto adjacent properties. ST asked how is she assured it will not flood, leaving out the rain aspect? ST agrees with her that the stripped property sent water onto Ms. Gomes property but he does not see this one proposed, doing that. There is a retention basin out there with a catch basin and drain inside, it was done 11/18-12/18 due to so much flooding in that area, and approved by the city engineer. Gomes stated MR requested they put a clear border marking the no touch area. How can they prevent this from happening again, say to the other side? ST can they do this? Chris Moniz said this was a total mistake, it has since been check again, is clearly marked and the contractor has been warned. ST asked if Gomes took before pics? DB stated videos are actually a better perspective if she has those instead. JR asked Moniz if he met with Mr. & Mrs. Gomes? Yes. JR asked if they are happy with the trees? Yes. Gomes said her concern is that there will be more clear cutting and that for all they took down, a few trees doesn’t seem to make up for it. Bob McClellan 18 Belvoir Ave was also here as an abutter. He is concerned with the difference in elevation between his property and theirs. They said nothing will change, it is higher in the front than the back. They assured him that they will not put any more water onto his property. The water will all run back to the wetlands. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 16, 17, 19, 21, 25, 26, and 27, DB, second MI, so voted. Public Hearing: 1. 14 First Ave., Moniz/Aspen Properties Development, LLC, (NOI), SE73-2836 Request for a continuance. Motion to continue to March, 16, 2020, DB, second RE, so voted. 2. 1756 County Street, Rojas Design Inc., (NOI), SE73-2835 ​See field report. Present Nick Dufresne and Kris Howard from Vinfen Corp. There will only be staff vehicles, no  resident vehicles. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 15, 16, 17, 19, 21, 24, 25, 26, and 27, DB, second MH, so voted. 3. 9 Cape Road, Tree Market Taunton, LLC, (NOI), SE73- ​No DEP number. Motion to continue to March 16, 2020, DB, second MH, so voted. 4. North Walker Street (89-194), Aspen Properties Holdings, LLC, (NOI), SE73- ​No DEP number. Motion to continue to March 16, 2020, DB, second MH, so voted. 5. Bassett Street (24-64 & 30-71), Bassett Street Development, (NOI), SE73- ​No DEP number. Motion to continue to March 16, 2020, DB, second MH, so voted. 6. 38 Railroad Ave., Hebert, (NOI), SE73 ​No DEP number. Motion to continue to March 16, 2020, DB, second MH, so voted. Continued Violation: 1. 110 Country Way. ​Motion to continue to March 16, 2020, DB, second MI, so voted. Violations: 1. 43 Floral Street. ​MR went out there. The trash is all cleaned up. The paint cans, etc are gone. They are very much aware that this cannot happen again. Motion to remove the violation, DB, second MI, so voted. 2. 49 Woodbine Street. ​Aaron Hayes was present for the homeowner, his girlfriend Jade. Trees and signs were removed. Hayes says he has no idea when the trees were broken, he was just going to go out and buy more but his attorney advised him not to. He was told at the closing not to go in there and they don’t. MR would like this resolved. A letter was sent to Natural Heritage and they have been in contact with Chris Moniz. This is across from the spot where the arborvitaes will go (along the Gomes property). The plan is to replant trees on their property 4-6 feet high, put in a monument marker and do the arborvitaes along the Gomes property at the same time. Motion that 4-6 foot high trees are to be planted 45 feet along, 5 feet between, remove the violation, DB, second MH, so voted. 3. E. Whitehill & Brook St. (City Property). ​Motion for a no trespass order, cease and desist to be sent certified mail, DB, second MH, so voted. 4. 16 Park Street. ​Motion they be present at the meeting on March 16, 2020 and continue until then, DB, second JR, so voted. Other Business: 1. Request for use of Weir Riverfront Park. ​Taunton River Watershed Alliance, Sunday June 14, 2020, 11-4pm. Make them aware of the liability, sign all insurance waivers, and trash must be cleaned up. Motion to approve, DB, second MH, so voted.  2. Administrative Amendment SE73-2769. ​Motion for approval of minor amendment, MR can sign, DB, second MH, so voted. 3. Gate and Shed. ​ST would like an update on both for the next meeting. 4. MACC Conference. ​$250 per person, DB and MR attending. Motion to approve, MI, second RE, so voted. 5. Tablet cord. ​Motion for a new table cord for ST, DB, second MI, so voted. Motion to adjourn, MI, second RE, so voted. Meeting ended at 9pm.