Conservation Commission

Minutes of the Taunton Conservation Commission April 22, 2024 Present: Chair Steven Turner, Commissioners Joshua Borden, Richard Enos, Luis Freitas, Matthew Haggerty & Jan Rego. Vice-Chair Debra Botellio absent. Conservation Agent, Michele Restino & Recording Secretary, Denise Irving also present. Motion to approve the minutes of April 1, 2024 JB, second RE, so voted. Motion to go out of order JB, second RE, so voted. VIOLATION: 1. Ingell Street (area of Berkley Beer Brewery) Mike Costello, Supervisor from Ryan Asphalt present. He did not see what transpired but he did visit the site after the fact and has a plan to fix it. They will vegetate, loam, trim the trees and put wattle to protect the river. ST: did you speak to the operator? MC: definitely. The operator thought he was doing a favor by cleaning up the area where the owners of the Brewery allowed them to park there during the work. LF: how does the owner feel about it? ST: will ask the owner and the violator will do what he’d like. Please give your contact info to MR. MC: will start the work as soon as we can meet with the owner. Motion to continue the Violation to 5/13/24 JB, second RE, so voted. Motion to return to the regular order of business JB, second MH, so voted. CERTIFICATE OF COMPLIANCE: 1. Hart Street (Assessor’s Lot 94-215), Barbour, COC, SE73-3036-to close out Order of Conditions, No Work Done. Brian Dunn & Tracy Duarte, MBL, Jack Barbour & Sandra Nasrawi, San Holding, present. BD: Work not completed. Some trees were removed, the stumps are still there, and some erosion control was placed. Motion to approve the Certificate of Compliance as no work done JB, second JR, so voted. Motion to go out of order JB, second RE, so voted. PUBLIC HEARING: 4. 0 & 235 Hart Street (Assessor’s Lots 94-215 & 94-152), Barbour/San Holding, NOI, SE73-3077-convert existing house to a 1,953 sf marijuana retail facility with associated parking, driveway, utilities, and storm water management. TD did a presentation of the proposed project. ST: did you meet with the neighbors? JB: no neighborhood meeting but did meet with some. ST: what’s the closest neighbor? Do you have a photo showing? TD: no BD: there are further meetings scheduled with DIRB, PB, & Council. Motion to open public input JB, second RE, so voted. ST: why did you move the location? JB: the first site was not feasible for the project and the adjacent property came up for sale. There was no public input. Motion to close public input JB, RE second, so voted. Motion to approve the Order of Conditions with Special Conditions 1-6, 9, 19-21, & 25-27 JB, second LF, JR votes no, motion carries. Documents: Legal Ad, Field Report, Plan PUBLIC MEETING: 1. 291 Powderhorn Drive, Clemmie, RDA, DSE-1339 -septic system repair. Brad Fitzgerald, SFG Associates Inc. present. Motion to issue a Negative Determination with Special Conditions 1-4, 14, 18, & 19 JB, second RE, so voted. Documents: Legal Ad, Field Report, Plan 2. 370 Shagbark Road, O’Keefe, RDA, DSE-1340-septic system upgrade. Nyles Zager, Zenith Consulting Engineers & Jennifer O’Keefe, owner present. Motion to issue a Negative Determination with Special Conditions 1-4, 14, 18, &19 JB, second MH, so voted. Documents: Legal Ad, Field Report, Plan 3. Dever Drive B2B (Assessor’s Lot 19-56), RDA, DSE-1341 -encroachment and restoration of 10,450 sf of open space/conservation district in order to install the planned foundation within the industrial park. Andrew Thibault, Goddard Consulting present. AT: 11 acre lot for industrial building that was out of jurisdiction. Now there will be approximately 15’ encroachment with temporary disturbance. Three months for the work to take place and then restore. Two years of monitoring with a yearly report to Conservation. ST: that’s a good plan. Thank you. Please keep MR in the loop. Motion to issue a Negative Determination with Special Conditions 1, 2, 4, 14, 18, & 19 JB, second RE, so voted. Documents: Legal Ad, Field Report, Plan EXTENSION: 1. 2 & 8 Galleria Mall Drive, Portman Industrial, LLC, EXT OOC, SE73-2910 -3 year extension request. Matthew Costa, Beals Associates present. Motion to issue a three year extension to the Order of Conditions which will expire 5/19/27 JB, second JR, so voted. Documents: Field Report PUBLIC HEARING: 1. County Street (Assessor’s Lot 79-242), TMLP, ANRAD, SE73-3078 -resource area delineation. Kenny Motta, Field Engineering present. This was previously approved in 2017. Motion to approve the ANRAD JB, second MH, so voted. Documents: Legal Ad, Field Report, Plan 2. 166 Worcester Street, Santos, NOI, SE73-3075 -construction of a garage, paved area, and site stabilization. Peter Lyons, Collins Engineering & Peter Santos, owner present. ST: a new septic? PL: new tank and tie in to existing system. Owner would like last minute revision of the erosion control, also do more clearing in the wooded area between the shed and the garage. ST: how many trees? PL: 6-10 medium to large trees. MR: you need to stay out of the 25’ no touch zone. No access to the garage, only from the street. JB: BOH plans? PL: anticipating approval. JB: what is your plan for this overly large garage? PL: vehicle storage ST: is he going to run a business here? PL: don’t know. ST: Mr. Santos please come up to the table. ST: No business will take place here? No fixing of cars? PS: No, I collect cars and maintain them only. ST what’s in the shed PS: tools ST: why do you want to cut more trees? PS: want a clear access to the lot in back. Just neaten up the site by cutting the trees. JB: don’t think you should cut anymore trees PL: just access to the shed for the mower LF: trimming and maybe one or two trees at the most would that be ok MR? MR: I hesitate. Last time he cleared already without permission. LF: Maybe MR could meet with Mr. Santos and determine if this would work. ST: Last time was tumultuous. We give an inch and you take a mile. ST: why don’t you move the shed and not cut anymore trees? We didn’t violate you when you took the trees down before and we tried to work with you. PS: just trying to make it beautiful. JB: you are already cutting a good chunk of trees to build the garage. The issue I have is you already cut without any filing. I feel you should keep it as is, keep to the original plan and then file for the Certificate of Compliance. Once this is closed out then file for your request for more clearing. JR: I agree with Josh, do as originally planned. MR: approve as planned now? JB: no, do this as it is, get COC and then file new NOI request for any further tree cutting. Public Input: Damon Parsons, 173 Worcester Street. Has concerns for the amount of vehicles that are there. Seven cars there every day. Plus has concerns with more tree cutting. Kristin Parsons, 173 Worcester Street opposes this project. There is pond back there that stays wet all year long. Has tree removal concerns the site looks horrible. He talks about his dreams what about ours? We have well water. The cars could affect our water with stuff leaking and going into the ground. This is very upsetting to us. He went ahead with no approval. Loads of fill brought in. Trees died. Feels that the project will just keep expanding. ST: how many cars are there now? KP: at least 6 outside there now. PS: these are classic cars – collectibles. They will be stored in the garage and nothing will be leaking outside. KP: I’m opposed to this. Peter Mozzone, 167 Worcester Street I don’t want to crush anyone’s dream, I too built a garage for my car collection. My concern is the infringement into the buffer zone. Maybe the garage should be moved closer to the house and out of buffer. Concerned that you want to cut more trees. Also why are you filling around the trees? This caused them to die. I’m also opposed to this project. Melinda Edlund, 50 Wisteria Place read letter that she wrote. Concerned for the spotted turtles that are in the area. Also states there is a red truck cap and an abandoned vehicle there. There are 4-6 cars on the property now. Concerns for the chemicals and potential leakage. What about a noise ordinance? What if he decides to run a business? I’m opposed to this project. JB: Is this in Natural Heritage? MR: no and the spotted turtle is not on the endangered species list anymore. Scott Tregaiari, 169 Worcester Street. Despite all the cars I haven’t seen any parts laying around but I am concerned for my well and any chemicals. Concerns for the wetlands and opposed to tree cutting. LF: the abutters keep mentioning their wetlands concerns. Is this garage allowed by zoning? MR: yes but not for an in-law or living space, business, etc. LF: the neighbors have concerns that he is selling cars and running a business. Zoning would regulate that end of it. MH: if the garage is moved would they still have to file? MR: yes, there would be site work involved. ST: Can you make the garage smaller? PS: no ST: How many cars will the garage hold? PS: about 8, they have to be inside JB: the garage is where it is because of the septic MH: as far as the garage I am ok with that but not ok with cutting the trees. RE: I have concerns about dumping and filling. ST: Those are my concerns also. I want to trust that you will do this right. I don’t want to see that you’ve left a car in the wetlands. There’s a trust factor problem here. MH: any violations for the filling and dumping? MR: no wasn’t aware of it. ST: do you have a photo of the second floor? PS: yes… it will be a rec room with a couch and TV JB: a kitchen? PS: no ST: bathroom? PS: yes PS: then showed some pictures to ST: MR: my field report is based only on the original plan that was presented for this filing. ST: I don’t feel comfortable with this. I recommend continuing until the next meeting. I can meet with you and MR to walk the site. JB & MR request that the Engineer stake out where cars are going to go, mark any trees that you may want to take down and stake out the parking area. PL: can have that done by the end of the week and then you could visit the site. PS: gave his permission to visit the site even if he is not at home. Motion to continue to 5/13/24 with an updated plan and all requested areas to be staked JB, second RE, so voted. Documents: Legal Ad, Field Report, Plan JB public disclosure that he is doing work for a direct abutter and will also disclose this at the next hearing. 3. Glebe Street (Assessor’s Lot 61-98), DiBona/Eastside Development, ANRAD, SE73-XXXX -resource area delineation. Requested continuance to next meeting. No DEP # has been received. Motion to continue to 5/13/24 RE, second ST, so voted. 4. 0, 0, & 63 North Walker Street (Assessor’s Lot 63-66,68, & 65), Lima, ANRAD, SE73-3076 -resource area delineation Nyles Zager, Zenith Consulting Engineers present. NZ: a previous ORAD was issued in 2020 and would like to have it reapproved. Motion to approve ORAD JB, second RE, so voted. Documents: Legal Ad, Field Report, Plan CONTINUED VIOLATION: 1. 250 Lakeview Avenue - Peter Waterman, Owner present. MR: the site is much more improved. PW: the Zoning Board set 4 conditions that need to be met. ST: have you met them? PW: two were ok had to ask for an extension. ST: let the record show there are pending Zoning issues. MR: showed photos ST: MR what would you recommend? MR: He still needs a COC once violation is removed. Motion to remove the violation, MR will continue to monitor and then he will need to file for a COC JB, second RE, so voted. OTHER BUSINESS: 1. Field Street – ST: any update on Field Street? MR: the violation was fixed previously and removed but recently there was an old round oil tank put in the wetlands. I spoke to Linda Mackinaw today and it is being removed. 2. Marla Isaac Dedication- The dedication for the Marla Isaac Wildlife Educational Center will be held at the Gertrude M. Boyden Wildlife Refuge on Saturday 5/18/24 10:00 am. Speakers will be Mayor Shaunna O’Connell and Conservation Chairman Steve Turner. A plaque for the building will be presented and light refreshments will be served. The public is invited to attend. 3. Friends of Boyden Use Dates: 4/27/24 & 5/18/24 11:30am-12:30 pm Educational programs 8/25/24 11:00 am-11:30 am Mushroom Walk Motion to approve the dates requested JB, RE second, so voted. Motion to adjourn at 7:55 pm pending all signatures on paperwork JB, second RE, so voted.