Conservation Commission

Minutes of the Taunton Conservation Commission December 14, 2020 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Jan Rego, Joshua Borden, Matthew Haggerty, Luis Freitas, Conservation Agent Michele Restino, and Recording Secretary Courtney White. Absent: Commissioner Richard Enos. Motion to approve the minutes of the November meeting, JB, second LF, so voted. Motion to continue 16 Park Street SE73- 2892 to the January meeting, JB, second JR, so voted. Certificate of Compliance: 1. 120 Field Street, Jackson, (COC), SE73-2446 This is to close out the order of conditions for a SFH with septic system. Present Karen Patneaude. Motion to issue COC for this project, DB, second JB, so voted. 2. 19 Ingell Street, Hunt, (COC), SE73-2479 This is to close out the order of conditions/no work done. Motion to close out the order of conditions, no work was done, JR, second DB, so voted. 3. 61 Briarwood Drive, Emsley, (COC), SE73-2855 This is to close out the order of conditions for a septic system repair. Brad Fitzgerald present. Motion to issue COC, DB, second JB, so voted. Extensions: 1. 55 Hamlen Street, Chan/Hamlen 2020 LLC, EXT, SE73-2698 This is to request a three year extension. Present William Manganiello. DB asked what the moratorium was that was mentioned? JB had heard something mentioned about this and would prefer to table this for a month and get an opinion from the law department MR said this started in March due to the pandemic. It basically added time to anything that was due to expire or did expire during this shutdown. It is sort of open ended for anything regarding zoning, planning, and concom due to the pandemic. Motion to approve extension to May 24, 2023, DB, second JR, so voted. 2. 0 Larchmont Ave., Buskell Properities, LLC, EXT, SE73-2737 This is to request a three year extension. Present Joe Kulle and Azu Etoniru. This is a request for an extension of the order of conditions, set to expire at the end of December. DB asked if they had to wait until a certain time to come back with a  plan? Yes 2 years if there will be no change to the plan. DB is this staying as the same plan we saw? Azu said yes exactly. Motion to approve the extension, LF, second JR, so voted. Public Meeting: 1. 6 Robin Drive, Eaton RDA, DSE-1250 This is to install a new septic tank and leaching field. Present Peter Lyons from Collins Engineering. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 18, 19, JB, second LF, so voted. 2. Lot 4 Crowley Lane, Hayden, RDA, DSE-1251 This is for the construction of a SFH with septic, driveway, utilities, and site grading. Present Brad Fitzgerald and Andrew Hayden. This is for a single family home. There is a conservation restriction along the back of the lot. DB asked if the restriction is already on the deed? Yes. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, 19, 20, and 21, LF, second DB, so voted. 3. Lot 5 Crowley Lane, Hawthorne Development, Inc., RDA, DSE-1252 This is for the construction of a SFH with septic, driveway, utilities, and site grading. Present Brad Fitzgerald and John Garanito. House is, at its closest point, 83 feet from the ILSF. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, 19, 20, and 21, DB, second JR, so voted. 4. 38 Nuthatch Lane, Gaston, RDA, DSE-1253 This is for the construction of an addition and deck. Present John Spink and Rodney Romulus. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 18, and 19, JR, second LF, so voted. 5. 32 James H. Luther Drive, Reed, RDA, DSE-1254 Motion to move to the end of the meeting, DB, second JB, so voted. Josh Borden has done work at the airport with the runway. The work done had no connection to this proposal and he can make an impartial decision on this hearing. Public Hearing: 1. Westcoat Drive (Assessor’s Lot 110-124), Taunton Airport Commission, (NOI), SE73-2889 Present Rhianna Somers and Craig Schuster. This is for the installation of an oil-water separator. Most of the soil will be hauled offsite, some will be left in stockpile outside of the 100 foot buffer. There will be no cover change, it is already existing grass. Construction will take place in the summer and will take 10-15 days. There will be work in the 25 foot WPZ-because this is for public safety and environmental protection, it is allowed. This would fall under  environmental protection because it is water quality improvement. Motion to approve with special conditions 1, 2, 3 4, 5, 19, 21, 25, 26, 27, JB, second LF, so voted. Motion to go to 104 Hart Street, JB, second DB, so voted. 2. 104 Hart Street, Malloch Group, ANRAD, SE73-2886 Present Nyles Zager and Carl Malloch. For approval of a resource area delineation. Motion to approve the delineation and issue an ORAD, DB, second JR, so voted. 3. 74 Bluegrass Circle, Higginbotham, NOI, SE73-2885 Present Brad Fitzgerald. For septic system repair and above ground pool. Motion to approve with special conditions 1, 2 3 4 ,5 19, 21, 25, 26, and 27, JR second DB so voted. 4. Lot 6, Leona’s Lane (Assessor’s Lot 105-274), Bairos/ALE Realty Trust, NOI, SE73-2883 Present Karen Patneaude. For the construction of a SFH with deck, driveway, and utilities. Add to deed, restriction that no work be done approximately 50 feet behind deck. DB in the deed put in perpetuity and copy of deed sent to TCC. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 17, 19, 21, 23, 24, 25, 26, 27, 28- provide copy of deed with restriction that no work is to be done 50 feet beyond the deck, 29- depict line on plan with footage, LF, second DB, so voted. 5. Lot 7 Leona’s Lane (Assessor’s Lot 105-275), Bairos/ALE Realty Trust, NOI SE73-2884 Present Karen Patneaude. This is for construction of an SFH with deck, driveway, and utilities. Commissioners would like to see the limit of work be put in as straight across the back. Karen asked if a post and rail was mentioned? ST asked MR can we put that in the deed? Make sure it states that there is no further clearing past the post and rail with cement posts with signage? MR yes it can be added as a restriction. DB side of garage is so close to the WPZ she has concerns. Karen said they can put a post and rail starting at the haybale line and have it run all the way along. Karen said they could make the house 36x28 instead and gain 2 feet but still keep the walkway. DB is still concerned even with this change. Karen asked if they wanted her to take out the walkway and stairs completely? DB would be happy with that. JB said could push house towards the other property line and gain a foot? Karen said 15.5 feet instead and get rid of the walkway, that would work. They cannot give anymore because due to overhangs, etc they need enough room. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 15, 16, 17, 19, 21, 24, 25, 26, 27, 28- deed recorded with restrictions included: post & rail fence which will follow the limit of work along the haybale line, cement posts with markers, no work more than 50 feet behind deck, walkway removed from left side-all stated in perpetuity, and 29 move house to the right 6 inches, JR, second JB, so voted.  6. 959 Norton Ave., Stockholm, NOI, SE73-2887 Present Jason Stockholm and Craig Cygawnoski. Technical difficulties. Motion to move to the end of the meeting, DB, second JB, so voted. 7. 0 Berkley Street,, Varley NOI, SE73-2891 Present Brad Fitzgerald. This is for construction of a duplex with driveways, septics, utilities, and site grading. ST would like to see a post & rail fence along the limit of work. He would also like to see a restriction stating that no further clearing is to be done 35 feet from the house. ST prefers a fence so they cannot widen the path to the river with a lawnmower. Brad said there is a screenhouse on the property but there will be no changes to it, it is noted and addressed and nothing further will happen to it. No building or adding on to it. It was mentioned that at the bank, the drop to the water is 25 feet. Motion to approve with special conditions 1, 2, 3, 4, 5, 7, 8, 16, 17, 18, 19, 21, 25, 26, 27, and 28-deed restrictions as discussed above, 29- cement posts and signs with a post & rail fence, JR, second DB, so voted. 8. Whittenton Street (Assessor’s Lot 38-11 & 23)(Warren Street), P.W.W., LLC, NOI, SE73-2890 Present Edward Pietnik and Jeff Tallman. This is for construction of a 400 foot roadway to provide access to 7 residential lots. This is a 7 lot subdivision with a detention basin at the end of the cul-de-sac. The detention basin is on the western side with 100 feet of wetland. JB is the detention basin only there to take runoff from the street? Yes. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 15, 19, 20, 21, 24, 25, 26, 27, 28-updated plan with new location of the drainage pipe between Lots 6 & 7, JR, second LF, so voted. 9. 959 Norton Ave. SE73-2887 Stockholm and Cygawnoski present. This is for the construction of an attached 3 car garage and driveway expansion. DB asked where snow would be put? He has a company clear it and the snow is stored in the gravel parking area. DB asked if salt or chemicals are used? No just puts it in the gravel area but does not treated. ST asked if snow stored there how will they access the third bay, it would be blocked? No use for it in the winter, the boat is stored in there. DB asked if they will remove the shed on plan and rebuild another? No its a carport and will be totally removed. Motion to approve with special conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, 28- no chemicals or sand/salt to be used on the driveway or area where snow is plowed, DB, second JR, so voted. Public Hearing (previously continued to end of meeting) 1. 32 James H. Luther Drive, Reed, RDA, DSE-1254 This is to replace the septic system. Craig Cygawnoski present. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 14, 18, and 19, DB, second LF, so voted. Violation: 1. 26 Kilmer Ave @ Hern Ave. Attorney Daniel De Abreau and his client Mr. Arraiol are present. There was a complaint made to the DPW that Mr. Arraiol was dumping leaves into the Cobb Brook. MR said since then she has been contacted by both the attorney and the homeowner, owner is willing to go out and clean it up. ST said he also spoke with the owner too. ST would like to go out there with MR. Attorney De Abreau agrees with ST that this is something that can be resolved quickly as long as they can first agree on what needs to be removed. DPW hopefully has or will be putting up some no dumping signs. Motion to remove violation and work with MR on the removal, DB second LF, so voted. Continued Violations 1. Hutt Forest/Staples Street (Assessor’s Lot 135-36). Regarding filling a wetland with gravel along an access road to the Hutt Forest. Dirt and gravel have all been removed. The path is all cleaned up. MR said violation is actually to the right, not this spot. When MR is back, ST will go out there with her. Motion to continue to January 11, JB, second LF, so voted. 2. 50 Partridge Circle. Regarding installing an above-ground pool and deck and paving approximately 4,100 square feet additional impervious parking area on previously vegetated land within 100 feet of a wetland. Motion to continue to February, JB second LF, so voted. 3. Bunk Pond (Assessor’s Lot 12-3). Regarding building an illegal structure on City owned property, cutting trees and clearing within the buffer zone of Bunk Pond. MR requested it to be continued because they are conversing. Motion to continue to January 11, have letter delivered in hand by sheriff, there was a cost issue but MR will look into it, JB, second DB, so voted. Other Business: 1. 34 ½ Briggs Street Side B. MR received a call that someone at 34 ½ B was clearing and throwing debris into the pond. The pond is owned by someone at 24 Knight Street. MR will go out to check the complaint. Motion to continue to January 11, DB, second JB, so voted. 2. 43 Hart Street. MR received a call from the daughter of the homeowner. She has been getting the runaround from mosquito control. They blame the city for no access to spray in there. MR is looking into it. Not a violation but is an issue. ST will go out and take a look at it too. Motion to have MR go out and take a look  at this alleged violation/issue and report back to TCC on January 11, JB, second DB, so voted. 3. Lopes Landscaping. Michael Lopes who resides on Hern Ave has been accused of clearing and putting leaves into Cobb Brook. MR can send violation. Motion to send a violation letter and have him report for the meeting on January 11, DB, second JB, so voted. Motion to adjourn, JB, second DB, so voted. Meeting ended at 9:30pm.