Conservation Commission
Regular MeetingTaunton, MA · January 11, 2021
Minutes
Minutes of the Taunton Conservation Commission January 11, 2021
Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Luis Freitas,
Jan Rego, Matthew Haggerty, Richard Enos, Joshua Borden, Conservation Agent
Michele Restino, and Recording Secretary Courtney White.
Motion to approve the minutes of the December meeting, JR, second DB, so voted.
Certificate of Compliance:
1. 52 Cotuit Road, DeSantis, (COC), SE73-2812 Present Scott Faria and John
DeSantis. This is to close out the Order of Conditions for a family room, laundry
room, and porch. Motion to issue COC, DB, second RE, so voted.
2. 160 E. Water Street, Braga, COC, SE73-2748 This is to close out an Order of
Conditions for a 24’x40’ garage. Motion to issue COC, DB, second JB, so voted.
Public Meeting:
1. 60 Old Colony Ave., Binda, RDA, DSE-1255 Present Mike Binda and John
DeSousa. This is for a single family home with driveway and demo of existing
garage. MR was asked if she preferred haybales or straw wattles? Wattles are
preferred, DB and JB agreed. DB existing house at #60 stays, correct? Yes they
are just razing the garage behind. ST so this is going from 3 Lots to 2 Lots.
Motion to approve with special conditions 1, 2, 3, 4, 7, 8, 14, 18, 19, 22, and 23,
LF, second MH, so voted.
Extension/Amendment:
1. 24 Winthrop Street, MLB Realty Development/Mike Binda, EXT, SE73-2612 &
AMEND SE73-2612 Present John DeSousa and Mike Binda. The extension is a
request for a three year extension and the amendment is to change office
building to mixed use with residential apartments and office space. DB asked
what the orange line is on the plan, nothing going there due to the driveway,
correct? Right nothing but the driveway. DB asked if chemicals would be used
to treat in winter? No. Snow will be piled up to the WPZ? Yes. RE asked how
many cars are allowed per apartment? They received a waiver to make it one
car per apartment due to the close proximity of the municipal lot with public
parking. The owner of the property is responsible for the cleaning of the parking
lot under the building. RE asked who cleans the trap in the lot that collects the oil
and other runoff from cars? The owner will need to have the trap cleaned every
three months. RE would like to see this added to the Order of Conditions. RE
asked how many apartments will be in the building? 12 two bedroom and 4 one
bedroom. MH asked did he hear the sewer is out back near the river? MR said
yes the sewer was extended from behind city hall, running along behind tmlp to
where this property is. MH is very surprised the sewer runs under the river.
Motion that the condition of the trap cleaning every 3 months be added to the
order of conditions and that each year the owner has it checked and sends a
report to the TCC, and a copy of O&M with the cleaning every 3 months added,
RE, second DB, so voted. Motion for a three year extension to 4/21/2024, DB,
second JB, so voted. Motion to accept the amendment as stated, with condition
that Commissioner Enos added, copy of O&M, keep in contact with MR, cement
posts at WPZ spot where snow is to be stored have signs so the limit of
stockpiling is known, DB, second RE, so voted.
Continued Public Hearing:
1. 16 Park Street, Carter/Pathmark Management, NOI, SE73-2892 Request for a
continuance. Motion to open the hearing, DB, second JB, so voted. Motion to
continue to February 8, 2021, JB, second DB, so voted.
Public Hearing:
1. Lot 1 Burt Street (Assessor’s Lot 73-108), Mason/Eastside Investments, LLC,
NOI, SE73-2893 Present Marc Mason owner and Peter Lavoie. This is for the
construction of a SFH with deck, septic and utilities. DB is there snow storage?
Yes there is space for snow storage. ST and MR took a walk out there. ST so
this is a slab? Yes basically. MH asked what do they mean by basically a slab?
It will have a full foundation wall in front and steps down in back and a frost wall
along the back of the structure. MH will it have a basement? No basement. DB
will any fill be brought in? Yes the front yard will have 4.5 to 5 feet of fill. The
water in front will be directed towards the driveway and out back. Water will be
directed North and South but not towards Burt Street at all. DB 4.5 feet total
above street? Yes. Abutter Peter Higgins 645 Burt Street, called in. he has
concerns that the water from this property will end up on his property. Peter
Lavoie said he can ensure that no surface water from this site will go onto Burt
Street, this will have to be completely correct and checked when he does the As-
Built. MR was asked if this will affect the groundwater table under Burt Street?
MR said it should not. The Board of Health has requirements that they have met
and this should keep everything on their property. They also have a breakout
barrier just in case. Higgins just wanted to make sure, he has spent thousands
waterproofing his basement. JB asked Lavoie if when he did the perc test, did he
find water or mottles? He found mottles at 2 feet down and actual water at 6.5
feet. Motion to issue with special conditions 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, 19, 21,
25, 26, 27, with a revised plan with correct contours and delineation is approved
as well JR, second JB, roll call taken DB no, all others yes, motion carries.
2. Lot 2, Burt Street (Assessor’s Lot 73-108), Mason/Eastside Investments, LLC,
NOI, 73-2894 Present Marc Mason and Peter Lavoie. This is for the
construction of a SFH with deck, septic, and utilities. ST and MR went out to
walk the site. ST said MR loved all the beech trees and would like to see some
saved. Marc said they will save as many as they can. DB asked what are the
question marks on the side of the plan? It is supposed to be the proposed tree
line but the program put them in as question marks. JB plan contours correct?
MR said no where is says 235 it should say 135. MH where is this septic in
regards to the Higgins property? It is approximately 150 feet away. Motion to
approve as presented with special conditions 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, 19, 21,
25, 26, 27, and an updated plan with correct contours, JB, second LF, vote
taken, DB no, all others yes, motion carries.
Continued Violations:
1. 34 ½ Briggs Street. This is regarding clearing brush and dumping brush/debris
into the pond. Owners Lucia and Manuel DeAndrade present. MR has pictures
of DeAndrade clearing. They had no knowledge that it was wetlands and did this
innocently. ST asked if the leaves were dumped near the pond? They said they
pushed them back into there like the rest of the neighbors do. ST they need to
rake and bag the leaves, not rake into the pond. MR said they were also cutting
brush-hardwoods as well. It is sloped back there too. MR would like to meet
with them on site. She asked them to call the office and MR can make plans to
come by. Motion to remove the violation, they must work with MR to rectify the
problem, DB, second JB, so voted.
2. Hutt Forest/Staples Street (Assessor’s Lot 135-36). This is regarding filling a
wetland with gravel along an access road to the Hutt Forest. ST has been out
there and doesn’t see any violations off to the right side. Owner said a pipe was
there 6 months ago but has been removed. DB are you satisfied ST? Yes.
Motion to remove the violation and MR can work with them, DB, second JR, so
voted.
3. Bunk Pond (Assessor’s Lot 12-3). This is regarding building an illegal structure
on City owned property, cutting trees, and clearing within the buffer zone of Bunk
Pond. MR has not been in the office so she needs to rewrite and have this hand
delivered by a constable with a receipt. LF must be done in hand. MR said this
can come out of the Filing Fees because it is an enforcement. DB wants it hand
delivered to Brandon, nobody else but him. LF said the constable may have to
attempt delivering it a few times until he catches him at home, so it may cost
more. Motion to continue to February 8, 2021, DB, second RE, so voted.
4. 9 Hern Avenue. This is regarding blowing leaves and yard waste into the
wetlands. Motion to continue to February 8, 2021, DB, second JB, so voted. ST
and MR will go by to meet with Mr. Arraiol regarding the cleanup.
Other Business:
1. 43 Hart Street. MR will have an update on February 8, 2021.
2. White house near Oakland Variety. DB has noticed what seems to be some
filling and clearing. It abuts the 3 Mile River and is concerning. MR will go to
check it out and update on February 8, 2021.
Motion to adjourn, DB, second JB, so voted. Meeting ended at 7:34pm.
Agenda
City of Taunton, Massachusetts
CONSERVATION
COMMISSION
Office: 1298 Cohannet Street
Mailing: 15 Summer Street
Taunton, Massachusetts 02780
Conservation Commissioners
Phone 508-821-1095 Fax 508-821-1665
Steven Turner, Chair
Debra Botellio, Vice Chair AGENDA
Joshua Borden
Richard Enos January 11, 2021
Luis Freitas City Hall, 15 Summer Street,
Matthew Haggerty Taunton, MA 02780
Jan Rego 6:00 P.M.
The Conservation Commission meeting will be held via Zoom. To view the meeting you can go to
the City website, click on municipal network, then click live, and then click play.
https://taunton.vod.castus.tv/vod
Abutters: To provide abutter input for the public hearings. Dial 774-406-5261 once the
Conservation Commission asks for public input on the matter you are interested
NOTE: FULL TEXT OF ALL PUBLIC NOTICES FOR ALL MEETINGS AND HEARINGS ARE
AVAILABLE FOR PUBLIC REVIEW.
APPROVAL OF MINUTES
CERTIFICATE OF COMPLIANCE:
1. 52 Cotuit Road, DeSantis, COC, SE73-2812
-to close out Order of Conditions for family room, laundry room and porch
2. 160 E. Water Street, Braga, COC, SE73-2748
-to close out Order of Conditions for a 24’x40’ garage
PUBLIC MEETING:
1. 60 Old Colony Ave., Binda, RDA, DSE-1255
-for SFH with driveway, demo existing garage
EXTENSION:
1. 24 Winthrop Street, MLB Realty Development/Mike Binda, EXT, SE73-2612
-requesting three year extension
AMENDMENT:
1. 24 Winthrop Street, MLB Realty Development/Mike Binda, AMEND, SE73-2612
-to change office building to mixed use with residential apartments and office space
CONTINUED PUBLIC HEARING:
1. 16 Park Street, Carter/Pathmark Management, NOI, SE73-2892
-for construction of 3 story, 23,000 sf self-storage building with 60 parking spaces
PUBLIC HEARING:
1. Lot 1 Burt Street (Assessor’s Lot 73-108), Mason/Eastside Investments, LLC, NOI, SE73-
-for construction of a SFH with deck, septic, and utilities
1/4/2021
2. Lot 2 Burt Street (Assessor’s Lot 73-108), Mason/Eastside Investments, LLC, NOI, SE73-
-for construction of a SFH with deck, septic, and utilities
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
2. 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
3. 34 ½ Briggs Street
-regarding clearing brush and dumping brush/debris into pond
4. 9 Hern Avenue
-regarding blowing leaves and yard waste into wetlands
OTHER BUSINESS:
1. 43 Hart Street
1/4/2021
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