Conservation Commission

Minutes of the Taunton Conservation Commission July 19, 2021 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Joshua Borden, Luis Freitas, Matthew Haggerty, and Jan Rego. Conservation Agent, Michele Restino and Recording Secretary Denise Irving also present Absent: Commissioner Richard Enos Motion to approve the minutes of the June meeting. DB, second MH so voted Motions made to continue the following until the August 16, 2021 meeting:  10 Mineral Street Violation DB second JB, so voted  25 Edgewater Lane RDA DSE-1270 JB second DB, so voted  Winthrop Street (103-28) NOI SE73-2921 DB second JB, so voted  147 Winthrop Street NOI SE73-2912 DB, second JB, so voted  100 Revolutionary Drive ANRAD SE73-2929 JR, second LF so voted  Railroad Avenue (125-14) NOI SE73-XXXX JR, second LF so voted Continued Hearing: 1. Winthrop Street, Dora Estates, Assessor’s Lot (101-27), Dora Estates, LLC, NOI, SE73-2874 Attorney Brianna Correia gave a background presentation of the project. Jeff Tallman, Project Engineer provided updates to the project including updates to the plans such as island added to roadway to collect storm water, basins modified to meet drinking water and storm management standard. Disturbance to the berm will be one time only. Lot #7 Parcel A has been removed from the plan, project includes 6 lots only now. Added infiltration to the storm water design. Lenore White, Wetland Strategies, Inc. discussed that this is a buffer zone project. No work in the BVW or Riverfront Area. Berm will be vegetated and seeded to create a natural barrier in the WPZ. Richard J. Groll, Industrial Seismologist discussed his findings in regards to blasting. He has examined the site, discussed Commonwealth of MA regulations and there are no violations against the blaster’s permit. Vibration levels show no change in the mechanical properties or water in the well. Public Input: Nancy Goulart, Town of Dighton Stormwater Committee Chairman requested copies of Lenore White and Richard Groll’s reports. She was relieved to see the new plan and had a positive meeting with Jeff Tallman. She feels the Town of Somerset should have been notified also because they have water rights to the Segregansett River also. She would also like responses in writing in regards to the punch list and all other plans. Todd Piling, Town of Dighton, Stormwater Agent has concerns regarding the size of the orifice (see #5 in letter from Town of Dighton) ST outstanding issue with the orifice size rest seems ok. JR asked if roadway was approved by the Planning Board – yes. Motion made to make letter from Town of Dighton part of the record. LF, JB second so voted. Motion was made to approve contingent on all conditions being met (Town of Dighton letter dated 7/19/21 signed by Nancy Goulart, Todd Pilling and Michael Mullen Jr.) and Home Owners responsible for road maintenance ( to be put on deed). JR, second JB, DB no, motion carries Continued Certificate of Compliance: 1. 32 Pinehurst Street, Pinehurst Property Development, COC, SE73-2628 to close the Order of Conditions. Motion to continue until 8/16/21 DB, MH second so voted. 2. 28 Pinehurst Street, Pinehurst Property Development, COC, SE73-2656 to close the Order of Conditions. Motion to continue until 8/16/21 DB, JB second so voted. 3. 22 Vernon Street, Aspen Properties Development, COC, SE73-2678 to close the Order of Conditions. Motion to continue until 8/16/21 DB, JB second so voted. Certificate of Compliance: 1. 14 First Avenue, Aspen Properties Group, LLC, COC, SE73-2836 to close out Order of Conditions. JB stepped down. Motion to approve DB, LF second so voted. JB back in. 2. 295 Broadway, Tucan, COC, SE73-2358 to close the Order of Conditions. Eric Diaz from Strongpoint present. Motion to approve no work done JB, DB second so voted. 3. 100 Revolutionary Drive, Ciffolillo, COC, SE73-2325 to close the Order of Conditions. Motion to approve no work done DB, MH second so voted. Continued Public Meeting: 1. Lot 7 Crystal Lane (portion of Assessor’s 21-60), Taunton Land Co., LLC, RDA, DSE-1271 for single family dwelling with sewage disposal system. Greg Bunavicz, Borderland Engineering, Inc. present. Motion to issue a negative determination with Special Conditions 1-4, 14, 18, 19. DB, second LF so voted. Public Meeting: 1. 9 Westcoat Drive, Raven Storage, RDA, DSE-1275 to replace existing system with a septic tank and leaching field. Liz Dupre, Clearwater Environmental present. Revised plan presented. DB asks if in same location – yes. JB asks if sewer is coming – they prefer sewer but no promise of a time frame and tie in is not nearby. Motion to issue a negative determination with Special Conditions 1-4, 14, 18, 19. DB, second MH so voted. 2. 20B Colt Circle, Bouchard, RDA, DSE-1274 to install an above ground pool Applicant not present motion to put at end of meeting JB, second DB so voted. 3. 119 Woodview Drive, Marsh, RDA, DSE-1276 to install new septic system. Peter Lyons, Collins Engineering Group present. JB asks if pump system existing – no. Motion to issue negative determination with Special Conditions 1-4, 14, 18, 19. DB, second LF so voted. 4. 21 Queen Elizabeth Lane, Thompson, RDA, DSE-1277 to install a 24’ above ground pool. Sean and Vanessa Thompson present. DB asks if they will drain into the wetlands – no. Motion to issue a negative determination with Special Conditions 1-4, 18. DB, second MH so voted. 5. 141 Jeffrey Lane, Theriault, RDA, DSE-1278 to construct a carport and covered walkway. Kerri Theriault present. DB asks what type of machinery will be used – post diggers. Motion to issue a negative determination with Special Conditions 1-4, 14, 17, 19. JR, second MH so voted. Continued Public Hearing: 1. 27 Blinn’s Court, Binda, NOI, SE73-2923 for construction of two residential duplexes and driveway. John DeSousa, Northcounty Group present. John DeSousa states there is an interrupted stream, not all continuous. MR disagrees. Does not show on Oliver or GIS. JB asked if DEP has weighed in on the stream, MR doesn’t think so. Public Input: Caitlyn Garnier representing abutters. There are concerns about high water for abutters. Could swale be relocated? Previously met with MR on site. Abutters want to make sure that the project is done within compliance and would like to see any updated plans. Abutters state the stream is constantly flowing year round. Not opposed to development but would like concerns addressed. LF has concerns regarding the stream and feels this should be continued to address the neighbor’s concerns and see updated plans. JB agrees this should be continued. Asked John DeSousa if client would consider shrinking the house to outside the 25’ – he thinks client would. MH also agrees this should be continued and would like John DeSousa to meet with the neighbors and respond to their concerns. Also would like MR, John DeSousa, and Caitlyn Garnier to meet on site. DB is also on board with continuing this to address the concerns but feels it should be voted on at the next meeting. Zachary Robey, 31 Blinn’s Court in regards to the PACC lot states the water will funnel to the wetlands. Rain water alone will add tremendous water to the properties. ST suggests that John DeSousa and Mike Binda be in touch with the neighbors to work this out. Motion to continue to August 16, 2021 meeting with the condition that MR, John DeSousa, and Caitlyn Garnier meet on site prior to the meeting. JB, second DB so voted. 2. 569 & 571 Winthrop Street, Tutsch/New England Recycling Co., Inc., NOI, SE73-2927 to construct 7,000 sf office building, demo existing office building and scale house, relocate two truck scales. Jose Pichardo, Green Seal Environmental and Attorney John Zajac present. No new impervious and no new clearing. Motion made to approve with Special Conditions 1-7, 19-21, 25-27. DB, second MH so voted. Public Hearing: 1. Glebe Street Lot 1 (Assessor’s Lot 61-106), Vlaco/Ryan Winters Burke, LLC, NOI, SE73-2928 to construct a single family house. Paul Bakis, Grady Consulting present. DB no work in the buffer zone? - Yes that is correct. Public Input: Eric Lefaivre, 875 Glebe Street hadn’t seen plan and had water concerns. Set back resolves his concerns and all questions answered. Motion to approve with Special Conditions 1-6, 8, 9, 17, 19, 21, 24-27 JR, second MH so voted. 2. Taunton River, Lenker/MA DOT Highway Division, NOI, SE73-2931 to conduct exploratory geotechnical borings. Sam Campbell, GPI present. ST asked how many borings? – 2. JR asked if the work has been completed? – yes this is an after the fact filing. It was requested that site visits will be held for any upcoming projects and to keep ConCom in the loop. JB asked that the COC be filed and on the agenda for the next meeting – Mr. Campbell replied yes. Motion to approve with Special Conditions 1-3, 21, 25-27. JB, second LF so voted. 3. 20 Briggs Street & 409 Somerset Ave., Binda, ANRAD, SE73-2930 for approval of resource area delineation. Brian Dunn and Tracy Duarte, MBL present. Public Input: Several neighbors spoke in opposition: Doreen Kane 19 Knight Street, Joe Costa 23 Knight Street, Lilah Medeiros 24 Knight Street, Ashley (last name and address unknown), Denise Costa 23 Knight Street, Thomas & Darleen Fillipovich 18 Briggs Street, Bill Tourinho 427 Somerset Avenue, Donna Ribeiro 419 Somerset Avenue, Robert Lundell 402 Somerset Avenue, Nicholas Hammond 14 Briggs Street. Concerns were water problems, noise, parking, affecting the wetlands in neighboring properties, wetlands are wider than shown on the plan, making sure abutters are notified properly. ST reminded neighbors several times that this hearing was only for marking the wetland lines and not what the future project might be. Brian Dunn was asked to explain about perc tests and soil evaluations. No perc test needed because there is no septic system. DB asked if there were any birds of prey and the answer from the abutters was yes. MR explained the abutter notification procedure. It was also suggested that Mike Binda meet with the neighbors when he is ready to proceed with the project. Motion to approve MH, second JB so voted. Continued Violations: 1. 41 Godfrey Street – dumping trash, yard waste, and asphalt into stream and wetlands. John Griffin, landlord present. Mr. Griffin met with MR, his property manager and Lilah Medeiros, 24 Knight Street. He will clean up the trash, there is no yard waste. Ms. Medeiros refused to let him clean up on her property. He also spoke with his tenants to keep the area clean. ST request for a motion to be made to remove the violation. Motion to remove violation DB, second JB so voted. 2. 248 Tremont Street – cutting trees, clearing brush, and adding fill within the Riverfront Area. Homeowner not present. Motion to continue to August 16, 2021 and have Homeowner present. DB, second JR so voted. 3. 19 Old Colony Avenue – clearing, cutting trees and filling within a wetland and the buffer zone of the wetland. Sonia Correia Amaro present. Will have it cleaned up by fall. Motion to continue to October 18, 2021. MH, second JR so voted. 4. 9 Old Colony Avenue – cutting trees within wetland and associated buffer zone. Nick Karavasiliadis present. Working on clean up. Motion made to continue to September 13, 2021. DB, second JB so voted. Enforcement Order: 1. 34.5C Briggs Street – Homeowner not present and has ignored letters. There are no new violations but hasn’t fixed anything yet. Motion made they should be served in hand by constable, continue to August 16, 2021 and continue with the fines started last month. LF, second JB so voted. Public Meeting: 1. 20B Colt Circle, Bouchard, RDA, DSE-1274 to install an above ground pool. Applicant still not present. Motion to continue to August 16, 2021 and have someone present at the meeting. JB, second DB so voted. Other Business: 1. MR gave an update on fuel spill on Winthrop Street. Guilty party was a subcontracted street sweeper. DEP investigated and guilty party will be paying for clean up. 2. ST read letter from Craig & Debra DeMoura inviting any Commissioners that would like to go on a boat ride of Lake Sabbatia to address concerns of weeds, plants, mosquitoes, etc. This will take place the first week of August. DB stated she would like to go. 3. MR has sent letters to DCR and Wetlands & Waterways in regards to the lake management. ST would like a report for the August 16, 2021 meeting. Motion made by JB, second DB so voted. 4. MH would like to further discuss the stamped plan issue. Should we do each project on its own merits or need to change the rules. DB says it should be discussed in OB so there is no violation of open meeting law. MH would like to do a tally of non –stamped plans for the next few weeks. Motion was made for further discussion at August 16, 2021 meeting. MH, second DB so voted. 5. Discussion that ZBA and PB comments as they pertain to our hearings should be placed on the google drive. Motion to adjourn LF, second DB so voted. 9:45 p.m.