Conservation Commission

Minutes of the Taunton Conservation Commission June 14, 2021 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Luis Freitas, Richard Enos, Jan Rego, Matthew Haggerty, and Joshua Borden. Conservation Agent Michele Restino and Recording Secretary Courtney White also present. Motion to approve the minutes of the May meeting, DB, second JB, so voted. Jared Couveia- Eagle Scout Project. Jared wants to work on the memorial at Borden. It is overgrown and a mess. He wants to go in and remove the weeds, put down weed barrier, and mulch. Jared would also like to save any flowers that can be saved and plant some new ones. There is also a fallen tree near the project area, he would like to remove it. Jared thinks a small saw would be fine to get this removed. ST asked that he please come back when the project is complete. Bring pictures to show the TCC the completed project. The TCC wishes him well and if he has any questions, reach out to MR. Motion to approve, JB, second DB, so voted. Continued Violation: 1. 10 Mineral Street. Blocking of city culvert with tree trunks and couch pillows and altering Cobb Brook channel. Discussion of fines. Don Wheaton city surveyor sent in a letter for the TCC. It was read and made part of the record. Motion to make the letter from the city surveyor part of the record, JB, second RE, so voted. Anne Grealish Rust present, she is the property owner. A letter was read from Michael Perry, Ms. Rust’s son. He is the one residing on the property. He stated he is not able to hire a professional because he has been out of work for over a year. MR stated at this point Michael is not to do any work. Things are still being stuffed in the culvert, for example shirts, pillows and now today boulders. Ms. Rust had no idea it was this bad. She met with MR, called DPW on the 2nd and spoke with a women who would call her back, June 7th she called and was told the street supervisor would call her back. On June 11th she met with Peter Haggerty, street supervisor, and he said that this wasn’t making the road unstable. The fines are up to $156,000. MR said moving forward they need to hire an engineer to survey and a wetlands specialist for the wetlands. Roadway needs to be fixed and approved by a licensed contractor. TCC advised Ms. Rust to call MR late tomorrow morning. They would like an update by the next meeting. JB said for the record by July 19, they should see that they have at least engaged with an engineer and a wetland scientist. Have one plan they can approve with conditions all at once. The first and biggest step is getting in touch with an engineer and wetland scientist. Ms. Rust said she is a retired widow on a fixed income and her son has been out of work for at least a year. She does not know what they will do and how they will afford this. Motion to continue to July 19, by that date they must have been in contact with an engineer and wetlands scientist to begin the process, work with MR, JB, second DB, so voted. My letter of resignation was read. Motion to accept with regret, DB, second LF, so voted. Continued Hearing: 1. Winthrop Street, Dora Estates, 101-27, Dora Estates, LLC, NOI, SE73-2874 Motion to continue to July 19, 2021, JB, second DB, so voted. Nancy Goulart has a response from the last meeting. Pilling’s response to Tallman. She also had an informational packet to leave with the TCC. Motion to make the packet part of the file, DB, second JB, so voted. Certificate of Compliance: 1. 4A Williams Avenue, Binda, COC, SE73-2753 To close the order of conditions. Present Michael Binda. Motion to approve, DB, second JB, so voted. 2. 32 Pinehurst Street, Pinehurst Property Development, COC, SE73-2628 to close out Order of Conditions. Chris Moniz present. Motion to continue to July 19, 2021, DB, second RE, so voted. 3. 28 Pinehurst Street, Pinehurst Property Development, COC, SE73-2656 To close out the order of conditions. Chris Moniz present. Motion to continue to July 19, 2021, DB, second JB, so voted. 4. 40 Pinehurst Street, Pinehurst Property Development, COC, SE73-2630 To close out the order of conditions. Motion to approve JB, second RE, 5:1 (DB no), motion carries.. 5. 36 Pinehurst Street, Pinehurst Property Development, COC, SE73-2629 To close out the order of conditions. Chris Moniz present. Motion to approve and send a letter, JB, second RE, DB voted no, motion carries. 6. 22 Vernon Street, Aspen Properties Development, COC, SE73-2678 To close out the order of conditions. Motion to continue to July 19, 2021, DB, second RE, so voted. 7. 121 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2827 To close out the order of conditions. Motion to approve, JB, second DB, so voted. 8. 130 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2822 To close out the order of conditions. Motion to approve, JB, second DB, so voted. 9. 124 Run Brook Circle, Run Brook Circle Development, LLC, COC, SE73-2821 To close out the order of conditions. Motion to approve, JB, second DB, so voted. 10. 114 Run Brook Circle, Run Brook Circle Development, LLC, COC, SE73-2820 To close out the order of conditions. Motion to approve, JB, second RE, so voted. 11. 565 & 569 Winthrop Street, New England Recycling, COC, SE73-2483 To close out the order of conditions. Motion to approve, DB, second JB, so voted. Continued Public Meeting: 1. MA Coastal RR ROW, TEC Associates, RDA, DSE-1261 For vegetation management. Motion to issue a negative determination JB, second DB, so voted. JB full disclosure, his client is an abutter. Public Meeting: 1. 25 Edgewater Lane, Lopes, RDA, DSE-1270 for an 18’ above ground pool. Dan Lopes present. MR dock needs to be removed. Lopes said it went up a few months ago. Motion to continue to July 19, 2021, DB, second RE, so voted. MH asked do we go around policing the docks on the lake? MR said no she went out for the pool and saw it. MR said there is a very clear policy regarding docks. JB is there any way we can work around Chapter 91, come back with a full NOI? ST have him go through the proper paperwork and permits, its a good dock, ST would approve. JB is there some way MR can point Lopes in the right direction? LF we are holding him up from putting the pool in due to the dock so now he won’t have a pool this year. DB stated it doesn’t seem that we can supercede Chapter 91, it is a Mass state law. ST if the state approves it then we can approve it. DB said that is correct. LF is not sure what one has to do with the other. RE asked Lopes if he ordered the pool? Yes if was due for delivery. JR is Lopes going to go for a permit for the dock or remove it? Lopes said he would try for the permit first. Motion to reconsider the continuance, JB, MH, DB no, motion carries. Motion to approve pool being moved 10 feet closer to the right hand side of the property line, JB, MH, DB no, Motion carries. Motion to continue to July 19, 2021 regarding the dock violation, JB, second DB, so voted. 2. Lot 7 Crystal Lane (portion of Assessor’s 21-60), Taunton Land Co., LLC, RDA, DSE-1271 For a single family dwelling with sewage disposal system. Motion to continue to July 19, 2021, JB, second DB, so voted. 3. 45 Jenna Circle, William Humphrey, RDA, DSE-1272 For a new septic tank, distribution box and leaching bed. Peter Lyons present. Motion to issue a negative determination with special conditions 1, 2, 3, 4, 7, 8, 9. 14, 18, and 19, DB, second JB, so voted. 4. ROW Utility, New England Power Co./MA Electric Co., RDA, DSE-1273 To conduct a geotechnical investigations. Motion to issue a negative determination with conditions 1, 2, 3, 4, 15, 18, 19, and condition that we are notified routinely of progress out there good and bad, DB, second RE, so voted. Continued Public Hearing: 1. 76 Weir Street, Costa/Nemesio Realty, LLC, NOI, SE73-2916 For the construction of a pergola built over an outdoor eating area. Motion to approve after the fact as presented, JB, second MH, so voted. Public Hearing: 1. Winthrop Street (Assessor’s 103-28), D.I. Trust II, NOI, SE73-2921 For one infiltration basin in association with a proposed 135 SFH lot subdivision on parcels in Dighton. Motion to continue to July 19, 2021, JB, second DB, so voted. JB’s client is a direct abutter but there is no conflict. 2. 19 Ingell Street, Michael Binda/Binda Realty, LLC, NOI, SE73-2922 For the construction of two duplex dwellings with associated driveway and utilities, demo of existing house and shed. Present Tracey Duarte, Brian Dunn, Mike Binda. JB read a letter from the Garden Patch, an abutter and had a couple of things he would like to be conditions. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 18, 19, 21, 25, 26, 27, 28, and conditions fence is erected along the property line between the Garden Patch and parcel B the whole length of 148.92 feet, compensatory storage be done prior to any building permit being issued and it must be stabilized, and silt sock along compensatory storage once completed prior to building, JB, second DB, so voted. 3. 181 Craven Court, Croteau, NOI, SE73-2924 for a 20’ x 40’ inground pool. Motion to approve with special conditions 1, 2, 3, 4, 5, 8, 9, 19, 21, 25, 26, 27, LF, second JR, so voted. 4. 27 Blinn’s Court, Binda, NOI, SE73-2923 For construction of two residential duplexes and driveway. Motion to continue to July 19, 2021, JB, second DB, so voted. 5. 569 & 571 Winthrop Street, Tutsch/New England Recycling Co., Inc., NOI, SE73- Motion to continue to July 19, 2021, JB, second DB, so voted. 6. 336 Winthrop Street, Thomas/Dom Dom, LLC, NOI, SE73-2925 development of a new Dunkin’ Donuts with drive-thru, parking, utility, storm water, landscaping. Brianna Correira attorney for the property. LF is this the old May Villa? Yes. JB the condition of the existing pipe? They are going to recommend it be replaced if needed. JB let MR know please. Yes they will. JB dumpster pad is an issue for him. Can it be relocated? Attorney said the only spot that leaves room for access for trucks and emergency vehicles is where they put it. It makes the turn easier. JB make a conditions that site is policed for trash? #32 police for site for trash. Motion to approve with special conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 19, 20, 21, 24, 25, 26, 27, 29, 21, 32, JB, second LF, so voted. Abutter spoke: Ms. McCrohan present and abutter of the property. She asked if they were going to clear behind her house? No they are not. She really wishes they would, this is great for her neighborhood and will be such an improvement. She already has her seat picked out inside, she’s very excited. 7. 716 County Street, Thomas, HTJT, LLC, NOI, SE73-2926 3298 sf Burger King with drive thru, parking, stormwater management and landscaping. Brianna Correira attorney present. JB has an issue with the work in the 25 foot buffer zone, grading and paving being done there. DB has the same issue with this. Perhaps remove 13 spaces and still ok and will keep it out of the 25 foot buffer zone. JB continue this and have them come back. MH 3 spaces furthest to the right, are only area that touches, correct? JB yes but it is the grading too. JB removing spaces takes out all of that grading, goes from 49-33 spaces. Bruce Thomas the owner is leasing to a franchise owner. The amount of  spaces is not a personal preference but it must be maintained for the deal to go through. JB could they redesign to do some angled spacing and keep paving out but maintain the parking? They can commit to getting paving out of the resource area (25 foot). MR said DIRB had requirements for turning and drive thru. Applicant prefers to leave the plan as is. Motion to approve with conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 19, 20, 21, 25, 26, 27, 29, JB in rear behind parking lot, 10 extra blueberry plantings, MH, second LF, DB voted no, motion carries. Continued Violations: 1. 41 Godfrey Street. Dumping trash, yard waste & asphalt into stream and wetlands. ST asked if permission would be granted for those people from 41 Godfrey to go out and clean what they dumped on the abutter’s property? She is just not sure how safe it is. She is also concerned with the fact that it could still be nesting season. Motion to allow them to go in there, have whoever is going onto her property to clear, sign a waiver that they won’t hold the property owner responsible, MR will draw it up and they can come in and sign, DB, second RE, so voted. 2. 248 Tremont Street. Cutting trees, clearing brush and adding fill within the riverfront area. Motion to remove DB, second JB, so voted. Motion to rescind, DB, second JB, so voted. Motion to continue to July 19, 2021, refer unregistered vehicles to the license commission, JB, second DB, so voted. 3. 19 Old Colony Avenue. Clearing, cutting trees and filling within a wetland and the buffer zone of the wetland. Motion to continue to July 19, 2021, JB, second DB, so voted. 4. 9 Old Colony Avenue. Cutting trees within wetlands and associated buffer zone. Motion to continue to July 19, 2021, JB, second DB, so voted. Enforcement Order: 1. 34.5 Briggs Street. Motion to start issuing fines, have homeowner present at the July 19, 2021 meeting, JB, second DB, so voted. Other Business: 1. Stamped Plans. MH is in support of stamped plans but fears that the additional cost to the homeowner will cause them to just start doing things without filing. JB should be stamped. Wetland lines have not been checked, this is a must for all NOI’s. ST they should let MR and the board decide. JB refer this to the city engineer? It is already on the letter. JB would like the City Engineer’s opinion. ST we should tighten up a little but yes he agrees. LF said for a lot of people this extra money does matter. Should we change the bylaws, make people jump through hoops? DB what’s good for the goose is good for the gander. Her issue is that with these plans, they were done by an engineer and now they are being drawn on and used again. Our job is to protect the wetlands not their pocketbooks. She doesn’t want to see a sketch, she wants to see a plan. ST said  MR is our eyes and ears. We trust her to go out into the field and make determinations then come back before us with it. JB an NOI is required for all, ST feels we should have some discretion. MH stated that when he first came on the commission, he knew nothing regarding wetlands. He feels bad for the average citizen who doesn’t understand it either. It is a balancing act and we need to educate people better. LF refer this to the Mayor’s office. DB why? LF we need to change the bylaw, JB doesn’t feel this is a bylaw change. LF refer to the Law Department then. Motion to refer this to the Law Department, LF, second RE, so voted. Motion to adjourn, DB, second JB, so voted. Meeting ended at 9:05pm.