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Conservation Commission

Regular Meeting

Taunton, MA · January 11, 2021

AgendaMinutes

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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