Conservation Commission

Minutes of the Taunton Conservation Commission January 8, 2024 Present: Chair Steven Turner, Vice-Chair Debra Botellio, Commissioners Joshua Borden, Richard Enos, Luis Freitas, Matthew Haggerty, & Jan Rego. Conservation Agent, Michele Restino & Recording Secretary, Denise Irving also present. Motion to approve the minutes of December 4, 2023 DB, second JB, so voted. ***10 Mineral Street Discussion (Remediation Plan Progress) MR gave update. Mr. Perry has done everything he said he would and will be a better steward of the land. ST: thanked MR for doing a great job with getting this resolved. CERTIFICATE OF COMPLIANCE: 1. 187 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2962 -to close out Order of Conditions. Motion to approve the Certificate of Compliance DB, second JB, so voted. Documents: Plan, Field Report 2. 38 Railroad Ave, Hebert, COC, SE73-2837 -to close out Order of Conditions (No Work Done) Motion to approve the Certificate of Compliance – no work done. DB, second JB, so voted. Documents: Field Report 3. 45 Glebe Street, Brophy, COC, SE73-2852 -to close out Order of Conditions. Motion to approve the Certificate of Compliance DB, second JR, so voted. Documents: Plan, Field Report 4. 790 Staples Street, Mancuso, COC, SE73-2674 -to close out Order of Conditions. Motion to approve the Certificate of Compliance DB, second JB, so voted. Documents: Plan, Field Report PUBLIC MEETING: 1. 158 Redwood Drive, Augustus, RDA, DSE-1334 -septic system repair with associated site grading. Brad Fitzgerald, SFG Associates, present. BF: will lose about 3-5 trees upon completion, will loam and seed. DB: any of the trees near the bank? BF: no Motion to issue a Negative Determination with Special Conditions 1-4, 7, 14, 18, & 19 DB, second JB, so voted. Documents: Plan, Field Report, Legal Ad 2. 111 Cavalier Avenue, Mizuno, RDA, DSE-1335-septic system replacement. Darren Michaelis, Foresight Engineering present. Motion to issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, & 19 DB, second RE, so voted. Documents: Plan, Field Report, Legal Ad EXTENSION: 1. 124 Duffy Drive, Madlog Management, LLC, EXT OOC, SE73-2797 -requesting a three year extension. Chris Moniz, Madlog Management present. CM: National Grid won’t allow excavation so looking for alternatives. JR: Electric line under ground? CM: stabilization cable. RE: how deep? CM: didn’t confirm JB: if they move to adjacent lot will they come back? MR: no – just do the replication. DB: on National Grid property? CM: no they just have an easement DB: Not on city property. Will vote no on this. Motion to approve a 3 year Extension to the Order of Conditions JB, second RE, DB votes no, so voted. Documents: Field Report 2. 0 Larchmont Ave. (Assessor’s Lot 31-393), EXT OOC SE73-2737 -requesting a three year extension. Andy Sargent, ET Engineering present. Field Report was read and recommends no further extensions to be granted after this one. Motion to approve a 3 year Extension with no further Extensions to be granted JR, second MH, so voted. ST: Request that the “No Further Extensions” language be removed from the motion due to Owner’s health issues. Original motion withdrawn by JR, and second withdrawn by MH. New motion to approve a 3 year Extension JR, second RE, so voted. Documents: Field Report CONTINUED PUBLIC HEARING: 1. Krijo Lane Roadway & Drainage, DeMello/Krista Realty Trust, NOI, SE73-3066 -construction of two drainage basins & associated grading for a roadway improvement project. John DeSousa, Northcounty Group and Atty. Joseph DeMello, present. ST read MR’s report. JD gave overview of the project. DB: Is it Brookside Ave. or Street? JD: It’s Ave. DB: wrong on the plans. MH: could you please refresh me on curtain drains. JD: allows water into the pipe and then into the basin like a stone filled trench. Will be on either side of the roadway to go into the rain garden. DB: who maintains? JD: Homeowners Association. MR spoke about the USGS map and did not agree with JD. It does connect. DB: I can testify to that MR has shown to me. MH: can you address the tree removal JD: Lot 6, Lot 1, Lot 2 there are wooded areas but some trees will be lost with the curtain drains. Looking to lower water table in that area. DB: this filing is only for the Roadway and Drainage. JD: yes DB you will have to come back for the building portion of the project. JD will come back for NOI for each building as needed. MR: talked about perennial and intermittent streams. Showed that this does have continuous flow. MR: this is showing as perennial and NOT intermittent. JD: responded he disagrees MR: this is a perennial stream as shown on the USGS map and per definition. JD: argues MR: prove that it doesn’t. DB: states she reached out to another Conservation Commission. The applicant needs to do as MR has asked to do a four consecutive day test. It is their responsibility to prove that it is intermittent. JD: still continues arguing and doesn’t agree. ST: MR do you still stand by your report? MR: yes and explained again that the applicant needs to prove that it is intermittent. JB: have run across this same issue before and had to prove it was intermittent with a four consecutive day test. I think that is what JD needs to do. JB: we should be backing our Agent and her expertise. Maybe we should have a third party to weigh in on this. JD: I have a problem with that. I wouldn’t trust someone the Commission hires as they wouldn’t trust the person I would hire. MR: I had recommended a peer review right in the beginning. LF: the third party should be DEP. 20 years ago they approved this project. If we vote no Atty. DeMello will appeal, if we vote yes DEP & the neighbors will appeal. LF: neighbors have concerns. Any thoughts you might be doing a 40B? AJD: Can’t disclose but options have been looked at. Can’t discuss any definite plans. This is the most minimal use of this land. LF: if it is a 40B it will be guided by the state. I hope it doesn’t come down to that. It would be a disaster for the area. JB: whatever route is taken they still need to prove about the stream LF: you are right. AJD: everything was approved 20 years ago. We want this land to be used economically. Public Input: Greg Rico, 17 Liberty Street. There are multiple environmental concerns. Have attended all the meetings held in regards to this project. Been 48 years in the neighborhood and it is a perennial stream. Knows of springs that feed this stream and can show you. Remembers in the 80’s the test pits failed. Curtains drains fill up with silt. HOA will be maintaining the water drains and who will be monitoring that? Doesn’t feel that the Commission can make a fair decision with these plans. Lisa Labelle, 5 Brookside Ave. Passed out photos to the Commissioners. Has three pumps constantly running. Her concern is the water. Wants proof that they won’t have more water. What’s the assurance that I’ll get relief? JD: there is no written guarantee. We can take photos and see if it lessens or makes it worse. AJD: you will benefit from this. It’s a drainage system with this type of project. It’s a positive factor. JB: are you saying she can pump into the sewer? That is illegal. AJD: no LL: once the vegetation is gone what will happen? Yes it was approved 20 years ago but there are new laws and regulations so it really doesn’t matter what happened back then. I’m asking the Commission to deny. LF: things do change. The issue is the whether the stream is intermittent or perennial. Dennis Ackerman, 27 Country Way, Here tonight because he is waiting for his wife that needs a ride. Speaking because he wants to make a correction in regards to the 40B. This is handled by the ZBA who works in conjunction with all boards. This is for 6 duplexes, I don’t care if you approve it or not, but doesn’t want to see a 40B because it will end up being more than 12 units. The ZBA has become tougher on duplexes and triplexes since the election. Doesn’t want to see a 40B here. AJD: the petitioner has not stated as yet what the use will be. Regina Brown, 32 Liberty Street gave photos to the Commission. She is over 300 feet away but the water is a big concern for her also. Motion to approve the Order of Conditions with a Special Condition that the curtain drains are maintained by the HOA and inspected 4 times a year, LF, second RE, so voted. ST requests roll call vote. JR, LF, & RE yes, JB no, MH yes, DB no. vote is 4-2 motion carries. MR told JD that a hard copy of the plan and test pits are needed for the file. Documents: Plan, Field Report, Photos from abutters. PUBLIC HEARING: 1. 270 Burt Street, Audlee, NOI SE73-3068 -septic system upgrade of existing septic system. Samantha Cripps & Patrick Carrara, PMP Consulting present. DB: did the system fail? PC: yes Motion to approve the Order of Conditions with Special Conditions 1-5, 8, 9, 19, 21, & 25-27 DB, second JR, so voted. Documents: Legal Ad, Field Report, Plan. 2. Tremont Street (Assessor’s 42-29), Davis, NOI, SE73-3069 -construction of a single family home with deck, garage, and septic system. John Garanito, Hawthorne Development, Matt Tavares, JK Holmgren, & Garrett Davis, owner, present. MT gave overview of the project. DB: 52’ is the closest you will be to the BVW? MT: yes Motion to approve the Order of Conditions with Special Conditions 1-5, 8, 9, 17, 19, 21, 24-27, & 32 DB, second MH, so voted. Documents: Legal Ad, Field Report, Plan. OTHER BUSINESS: Motion to adjourn 7:48 pm pending all signatures on paperwork DB, second RE, so voted.