Conservation Commission

Minutes of the Taunton Conservation Commission May 13, 2024 Present: Chair Steven Turner, Vice-Chair Debra Botellio, Commissioners Joshua Borden, Richard Enos, Luis Freitas, & Jan Rego. Commissioner Matthew Haggerty absent. Conservation Agent, Michele Restino & Recording Secretary, Denise Irving also present. Motion to approve the minutes of April 22, 2024 JB, second JR, DB voted present, so voted. Law Department: Discussion of Scaddings St. & Rte. 79 City Solicitor, Matthew Costa present. Route 79 Discussion: Cain Pond is going to be a road improvement and showed the easements. Wants to remove from Conservation jurisdiction to the State to grant permission for the Commonwealth of MA to work on the article 97 process. This could improve the environment. JB: will the city gain anything with the taking? MC: not sure but that’s a good point. Will check to see if they are proposing anything and let MR know. RE: can they take by eminent domain? ST: I think they are asking us just to give it. DB: swale & drainage only? MC: yes Motion to grant a license to the Commonwealth as to Parcel 131-52, Rhode Island Road, authorizing the construction of improvements and related activities as contemplated on the Mass DOT Right of Way plans for Route 79 improvements, and to authorize the Chairman to execute such license on behalf of the Commission LF, second DB, so voted. Documents: handout from City Solicitor Scaddings Street Discussion: MC: City project at the Scaddings Street bridge by the Snake River. Article 97 issue. Will come back with more info when we have more land. Has to be a substitute. DB: a land swap? Other’s property? MC: no will look at what the city already owns. DB: does it have to be close by? MC: no DB: what guarantee that it would go to conservation? MC: it will be deeded that way, can’t be general city property. DB: why straightening Scadding St.? MC: bridge is old needs to be modernized. Meets the standards. Been in works for a couple years. JB: this will need an NOI MC: definitely RE: do you have to notify the neighbors? MC: yes if any takings, not sure if just construction. With a NOI they will be notified. JR: more parking for canoes? MC: don’t know but great question MR: Wildland Trust owns the property, ADA accessible walk down to rivers edge & dock. In the works for next year. DB: State will do the NOI. Motion to grant a license to the City of Taunton and the Commonwealth as to land abutting Scadding Street and the Snake River, authorizing the construction of improvements and related activities as contemplated on the Right of Way plans for the Scadding Street Bridge replacement project, and to authorize the Chairman to execute such license on behalf of the Commission, pending the Article 97 process. JB, second DB. Documents: handout from City Solicitor PUBLIC HEARING: 1. 0 Gracey Way (Assessor’s Lot 42-102)(formerly Lot 6 Round St & part of 42- 46), Hawthorne Development, Inc., NOI, SE73-XXXX-construction of a single family dwelling with associated driveway, septic system & utilities. DB: what’s our policy with no DEP number? MR: we have continued. Motion to continue to June 3, 2024 DB, second RE, so voted. CERTIFICATE OF COMPLIANCE: 1 Leona’s Lane (Assessor’s Lot 105-26,32,47, & 49) ( formerly 895 Somerset Ave,) Bairos/ALE Realty Trust, COC, SE73-2767 -to close out Order of Conditions Motion to approve the Certificate of Compliance DB, second JB, so voted. Documents: Field Report, Plan PUBLIC MEETING: 1. 35 Kristin Drive, Hopkins, RDA, DSE-1342 -septic system repair Brad Fitzgerald, SFG Associates present. Motion to issue a Negative Determination with Special Conditions 1-5, 7, 8, 14, 18 & 19 DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan 2. 37 Titus Way, Malloch Construction, RDA, DSE-1343-construction of a residential duplex with associated grading & landscaping Nyles Zager, Zenith Consulting Engineers present. DB: in the basin who is responsible for care? NZ: it’s all in the Order of Conditions but the City of Taunton is ultimately responsible if it’s a public roadway. Motion to issue a Negative Determination with Special Conditions 1-7, 10, 11, 14, 18, 19, & 22 DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan EXTENSION: 1. 985 Glebe Street, Berube, EXT ORAD, SE73-2900 -3 year extension request Dennis Berube, owner present. Public Input: Richard Park, 960 Glebe Street: the property has been approved to split into two lots MR: this is only for extending the time for the wetland line. Motion to approve a three year extension to the ORAD which will expire on 4/15/27 DB, second JR, so voted. Documents: Field Report JB:Public Disclosure that he has done work for a direct abutter of the next hearing. Scott Faria, JK Holmgren has no issue with that. JB can vote on this. CONTINUED PUBLIC HEARING: 1. Glebe Street (Assessor’s Lot 61-98), DiBona/Eastside Development, ANRAD, SE73-3080 -resource area delineation. Scott Faria, JK Holmgren, present. Motion to approve the ORAD DB, second JB, so voted. Documents: Field Report, Plan, Legal Ad 2. 166 Worcester Street, Santos, NOI, SE73-3075 -construction of a garage, paved area, and site stabilization. Dave Klenert, Collins Engineering, & Peter Santos, owner present. DB: I wasn’t here last month so will be unable to vote on this. ST: It’s a whole new plan so you can vote. DK: the latest plan is 5/8/24, very familiar with the project and is taking over for Peter Lyons. Trees have been marked. There is 12-15 trees to come down and have been added to the plan. ST: concerned about no work in the no touch zone, Put up some caution tape that is visible from the road? DK: we can put up conservation posts with sign JB: every 75’ Motion to make as a special condition #50: PVC posts every 75’ to mark the limit of work with signage JB, second DB, so voted. DK: pavement on both sides, entrance/exit and some gravel, no pavement of back of garage. Public Input: Damon Parsons, 173 Worcester Street my well is right near the gravel area and the ground water can be polluted. He cleaned up the area because he knew you were coming out. ST: if there is more than one unregistered vehicle it’s a zoning violation – report it. DB: had concerns originally, is he storing cars inside and outside? PS: RV is too big to go inside, only classic cars will be stored inside. No other cars will be near the wetlands only in the garage or driveway. ST: you can only have one unregistered car on your property. Are there any other cars stored in the wetlands? PS: All unregistered cars will be enclosed and the yellow truck is used for storage. JB: can we have wells tested to have a baseline and have PS pay? MR: don’t think that’s our jurisdiction. DP: has had his well tested within the last three months. Kristen Parsons, 173 Worcester Street, once the land is developed it is gone forever. Concerns for our drinking water and everyone’s well. ST: our jurisdiction is only the wetlands. KP: going to be a septic tank? DK: yes they have a failed system for the house. ST: that concerns me PS: septic has not failed DK: my mistake JB: you have BOH approval? PS: yes LF: our board deals only with the wetlands. Unregistered vehicles, or running a business you need to call the zoning enforcement officer. We need to do our job. DB: no sewer just septic DC: no sewer line. PS: whats going there is going to make it better. MR: oil/water separator? DK: no PS: no work to be done on the vehicles Motion to add a Special Condition #51 that no mechanical work to be done to the vehicles on site (no type of fluid work) JB, second RE, so voted. KP: can we do a noise ordinance, changing tires, makes a lot of noise ST: no, only if abused JR: is this on a slab? Washing cars with no drain? JB: oil/water separator determined by BOH? MR: yes JB: would like BOH thoughts on the garage LF: oil/water separators I believe are for commercial buildings KP: with the added septic and there will be a room doesn’t that sound like an apartment? plus cutting lots of trees, unregistered vehicles. This man is not to be trusted. He’s been taking stuff out of the wetlands since the last meeting. He doesn’t want you to see it when you come out to the site. This huge garage is not a fit for the neighborhood. It looks like a business. Wildlife should be protected. Any soil samples? Afraid of contamination. MR: There is no question on the delineation, they are well qualified. KP: this will alter the resource area with garage, driveway, parking lot. DC: drainage will remain the same slight increase when you add the impervious surface. DB: Stuff was removed and where they are now will where they will be. They are gone for good. PS: the parts vehicle is gone for good. Melinda Edlund, 50 Wisteria Place, renews her concerns. Driveway to the left is new. What is the purpose of a dual driveway? ST: no pavement beyond the garage. RV turnaround? ME: this screams business to be. Will the cars be running in the garage? Would like to see the signs posted. Also last time it was 6 trees to be removed now they want 12-14. Will any trees be replaced? Would like to see that happen. ST: you have north side and south side garage doors do you really need both doors? PS: yes ST: two doors make it look more like a business. PS: It’s not. I have a full time job ST: right side – one side pavement and one side gravel. PS: how do these driveways affect conservation? JB: we are trying to limit impervious. PS: no that can’t be changed. JB: one paved area and one gravel area is enough. PS: I strongly object. DC: there’s ways to help with impervious areas. Eric Edlund, 50 Wisteria Place, I am concerned about him putting stuff in the septic system. DK: there are no floor drains. If you pour chemicals down the toilet the system won’t stand up to it. It will fail in a month. PS: I’ve lived there 23 years and have made no impact on the environment. MR: You can’t say that. You wiped out a bunch of trees last August without even letting us know. PS: one mistake ST: you made about 40 mistakes with those trees. Lots of concerns here. JR: are we tabling replanting of trees? RE: would you replace 20 for the 40 you removed? JB: maybe plant arborvitaes along the limit of work MR: something besides arborvitaes, something more for the area that would soak up water. Motion to add as Special Condition #52 Limit of work line, plantings, discuss and work with MR JB, second RE, so voted. Close Public Input. Add Special Condition #53 no paved driveway on the south side of the garage. Motion to approve the Order of Conditions with Special Conditions 1-5, 19, 21, 24-27, 50, 51, 52, & 53 JB, second RE Roll Call vote Yes: LF, RE, JB No: JR, DB three yes, two no, motion carries. Documents: Field Report, Plan, Legal Ad PUBLIC HEARING: 1. 516 Hodges Street, Pontes, NOI, SE73-3081 -septic system upgrade with septic tank, pump tank, retaining walls, leach field & associated grading. Darren Michaelis, Foresight Engineering present. Motion to approve Order of Conditions with Special Conditions 1-5, 8, 9, 17, 19, 21, & 25-27 DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan 2. Longmeadow Road, (Assessor’s Lot 56-30) Nogueira/Nogueira Realty & Development, LLC, NOI, SE73-3083-land clearing for future development. John DeSousa, Northcounty Group present. JB: Public Disclosure does work for them JD: Has no issue with JB voting on this. JD: will be filing for the project this week sometime. DB: did he go into the 25’ JD: no only about 26’ MR stopped him. DB: DB: he is coming before us with the NOI app for only what he has already done. Motion to approve Order of Conditions with Special Conditions 1-5,19, 21, 25-27, & 48 JB, second DB so voted. Documents: Legal Ad, Field Report, Plan 3. 202 High Street (Lot 2), Messina/LMO Realty Trust, NOI, SE73-3079-proposed construction of a new two family dwelling. Cameron Larson ECR, LLC present. CL: design is modest in size and away from the river as best we can. Motion to approve the Order of Conditions with Special Conditions 1-6, 17, 19, 21, 25-27, 39, 42, & 45 DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan 4. County Street (Assessor’s Lot 79-71) & Pratt Street (Assessor’s Lot 106-57) O’Brion/New England Power Co., NOI, SE73-3082 -V5/U6 and S8 115k V Transmission Lines Asset Condition Refurbishment Project. Adam Rosenblatt, VHB, present. Replace towers and refurbish lines. Only fixing old equipment, nothing new to be added. Starting this fall and will be done in phases. ROW jobs usually start with mowing, vegetation removal, no tree removal, then erosion control will be put in place. RE: you did a great job with this presentation. Does MR have to be any part of this? AR: will keep MR informed JB: when will you start in Taunton? AR: in the fall with mowing and prep work. DB: any outages to the City? AR: there shouldn’t be any outages and there is also back up in place. Motion to approve the Order of Conditions with Special Conditions 1-3, 5, 8, 19, 21, & 25-27 JB, second RE, so voted. Documents: Legal Ad, Field Report, Plan VIOLATION: 1. 188 Dunbar Street Motion to continue the Violation until 6/3/24 JB, second DB, so voted. OTHER BUSINESS: 1. Dedication to Marla Isaac Discussion: 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, Conservation Chairman Steve Turner, Members of the Friends of Boyden, Jason (Marla’s son), and Conservation Commissioner and dear friend, Debbie Botellio. A plaque for the building will be presented and light refreshments will be served. The public is invited to attend. ST: thank you to Debbie for taking the lead on this one. 2. Sabbatia Lake & Snake River Discussion: DB & MR visited the site. There are fire pits, trash, trees have been cut. Recommend some signage, no fires. Motion to approve signs DB, second JB so voted. Motion to adjourn at 8:18 pm pending all signatures on paperwork JB, second DB, so voted.