Conservation Commission

Minutes of the Taunton Conservation Commission June 3, 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 May 13, 2024 DB, second JB, so voted. ST: We had a nice dedication for Marla Isaac at Boyden. Wanted to say thanks to Debbie for stepping up and taking the lead. It was a nice tribute to Marla. Thanks to those that attended. DB: Thanks again to everyone they came out for the dedication. Boyden is a jewel of our City. EXTENSION: 1. 19 Ingell Street, Binda/Binda Realty, EXT OOC, SE73-2922-three year extension request. Mike Binda present. Motion to approve a three year extension that will expire 6/16/27 DB, second JB, so voted. Documents: Field Report CONTINUED PUBLIC HEARING: 1. 0 Gracey Way (Assessor’s Lot 42-102) (formerly Lot 6 Round St & part of 42- 46), Hawthorne Development, Inc., NOI, SE73-3084-construction of a single family dwelling with associated driveway, septic system & utilities. Jeff Tallman, NEC, present. DB: did we receive a letter from Natural Heritage? MR: yes, letter is part of the file. Motion to approve the Order of Conditions with Special Conditions 1-5, 8, 9, 17, 19, 21,25-27, 32, & 41 DB, second JB, so voted. Documents: Legal Ad, Plan, Field Report Engineer for Longmeadow Road is not present yet. Motion to go out of order. JB, second DB, so voted. PUBLIC HEARING: 1. Cape Road (Assessor’s Lot 71-3), Ibrahim, NOI, SE73-3089-construction of four buildings consisting of four contractor bays each, access roadway, drainage, septic, associated utilities and site grading. Pierre Ibrahim, 245 Cape Road, Pat Carrara and Samantha Cripps, PMP Consulting, present. PC: gave presentation of the project. JB: can you shift the building to the westerly property line and shrink between each building you might be able to get the buildings out of the 25’ buffer zone. As it stands I can’t support this. DB: I won’t support this being in the 25’ buffer zone. What’s a contractor bay? PC: a place for businesses to store things but not conduct any business there. DB: no repairs on site? PC: no PI: no repairs, mostly landscapers, storage for auto repair. DB: you don’t own the property? PI: if this approved we will buy it. DB: what about snow storage? PC: will be on the back of the site and some small areas around the site, or removed if needed. DB: no snow should be stored in the buffer zone. If the project isn’t moved out of the buffer zone I can’t vote for this. PC: we will definitely look at adjusting the site. LF: should we continue? ST: let’s hear from the people here first. PC: clarify the stream? MR: you will have to reacess the stream after the current decision expires in November 2025. Motion to allow public input JB, second DB, so voted. Sean Turnbull, 564 Richmond Street. The stream hasn’t been dry for 24 years. There is a flume. Water comes up from the ground and is fed from Poquoy Brook. I don’t feel that it’s perennial. The farm stand cleared right down to the stream. Have erosion control concerns. Water table rises and could affect my septic. We have flashing lights from the farm stand, the tree buffer is gone so yes I have concerns. ST: underground utilities? PC: underground electric and water. John Brennick, 516 Richmond Street no cut in the 25’ buffer? Around entire property? MR: no just the wetland buffer JB: they will also have to comply with the Planning Board landscape buffers so you should attend that meeting and request that. John B. We have significant flooding. Where is the septic going? PC: North West corner of the property, outside buffer. John B. Wildlife location will be disrupted. Chris Aunchman, 267 Richmond Street. In-laws previously owned the property. Fuel tanks used to come up over the ground because of the water. We wanted to build a single family house and weren’t allowed. This could affect neighboring properties because of the water table and also cause erosion to Richmond Street. Will have a big environmental impact and strongly oppose this project. Lisa Aunchman, 267 Richmond Street. Wildlife will be displaced by all this development. Where do they go? The stream is there all the time and constantly runs. I am against this project. It’s too big. Those four buildings they want to put up are huge! Where will all the water go? Into the basements of neighboring properties. ST: I’m disappointed with the applicant. You should be talking to the neighbors before you come to the Commission. PI: I did go to the abutters. ST: Saw people here that are abutters. I won’t approve this. The project needs to be smaller. It’s just too big for the area and too close to the 25’ buffer zone. If it was me I’d talk to the neighbors within 1000 feet and work with them to make them happy. RE: any endangered species? MR: not under Natural Heritage. Should do a wildlife study. DB: on Route 44 there are lots of nesting eagles/hawks and other protected species. Motion to continue this until 8/19/24 with a revised plan and reach out to MR to give guidance to do the wildlife study JB, second DB, so voted. ST: I’d like to commend you on your business at Joe’s Gas. It’s nice and neat. Documents: Legal Ad, Plan, Field Report Motion to return to regular order of business DB, second RE, so voted. Public Disclosure: JB has done work for LN but not on this project. LN ok with JB voting on this. Motion to make this part of the record DB, RE, so voted. (for all three lots) 2. Lot 1 Longmeadow Road (Assessor’s Lot 56-30), Nogueira/Nogueira Realty Development, NOI, SE73- 3090-construction of a triplex home. Lucas Nogueira & Steven Figueiredo, owners present. MR: states to the Commission you can’t have two open Orders of Conditions on the same property. Lots 1, 2, & 3 has an open Order of Conditions for land clearing and requires a Certificate of Compliance to close it out. DB: how can you guarantee they won’t make a yard in the wetlands? SF: I will be owning that triplex and will be vigilante. DB: I wanted it added as a Special Condition SC#50 there is to be no disturbance in the buffer zone and will stand for all three lots. JR: signs could be posted JB: four signs along the buzzer zone stating no further encroachment in the buffer zone. SC#51 four signs stating no further disturbance in the buffer zone. Motion to allow Public Input RE, second JB, so voted. Joyce Griffin, Winding Brook 110 Dean Street had questions of placement, wildlife has been misplaced. Winding Brook was built on slabs, it’s all wet, has water table concerns. ST: walked the property about a year ago with LN to see where to push away from the wetlands, he has respect for the wetlands. Mike Piesco, 99 Longmeadow Road abuts Lot 1 are you going to have a buffer zone? SF: there are some pines, no further than where the silt fence is.MR: has to be at least 25’ from the wetland. SF: will be at least 40’ ST: go talk to Mike and work it out. MR: no fence/no cutting trees DB: does anybody know where the property line is? SF: yes it’s been surveyed. Jim Czarn, Winding Brook, 110 Dean Street. Losing water absorption. It’s extremely wet in that area. I voice opposition to this project. Motion to approve the Order of Conditions with Special Conditions 1-7, 17, 19, 21, 25-27, 42, 50 & 51 RE, second JB, so voted. Documents: Legal Ad, Plan, Field Report 3. Lot 2 Longmeadow Road (Assessor’s Lot 56-30), Nogueira/Nogueira Realty Development, NOI, SE73-3091 -construction of a triplex home. Lucas Nogueira & Steven Figueiredo, owners present. SF: will put post and rail fence along existing silt fence line with signs stating no further disturbance. Motion made to amend Special Conditions #50 & #51 on Lot 1 and to make these Special Conditions for all three lots. SC#50 No additional disturbance past existing work in perpetuity. SC#51 Post and rail fence constructed along silt fence with conservation sign. DB, second RE, so voted. Motion to approve the Order of Conditions with Special Conditions 1-7, 17,19, 21, 25-27, 50, & 51 JR, LF, so voted. Documents: Legal Ad, Plan, Field Report 4. Lot 3 Longmeadow Road (Assessor’s Lot 56-30), Nogueira/Nogueira Realty Development, NOI, SE73-3092 -construction of a triplex home. Lucas Nogueira & Steven Figueiredo, owners present. DB: the stairs are close to 25’ buffer zone. Can you make the deck smaller? SF: Yes, can make the deck shorter and bend the stairs. SF: will make the decks 12’ x 12’ on all three units of the Lot 3 triplex. Motion to approve the Order of Conditions with Special Conditions 1-7, 17, 19, 21, 25-27, 42, 50, & 51 JB, second RE, so voted. Documents: Legal Ad, Plan, Field Report 5. Lot 5 Tremont Street (Assessor’s Lot 51-49), Malloch Construction, NOI, SE73- 3086-construction of a single family home with associated site grading and utilities. Nyles Zager, Zenith Consulting Engineers present. DB: NH letter part of the deed? NZ: yes a deed restriction. Public Input: Joe Richard, 461 Tremont Street, concerned about the run off. ST: have Malloch go have a conversation with the neighbor regarding drainage. Jean Richard, 461 Tremont Street, hopes that the builder will beautify the area and keep as many trees as they can. Concerned about the water runoff, lots of silt. NZ: only three lots are in the jurisdiction of the Conservation Commission. The other three lots are not in jurisdiction. ST: to the Richard’s – if you don’t hear from Malloch please let us know. I feel very confident in Malloch and Nyles. JR: are there sump pumps in these houses? NZ: not in the plan. Motion to approve the Order of Conditions with Special Conditions 1-6, 8, 9, 17,19, 21, 25-27, 32, 41 & 42 DB, second RE, so voted. Documents: Legal Ad, Plan, Field Report 6. Lot 6 Tremont Street (Assessor’s Lot 51-49), Malloch Construction, NOI, SE73- 3087-construction of a single family home with associated site grading and utilities. Nyles Zager, Zenith Consulting Engineers present. NZ: no riverfront disturbance, Natural Heritage restriction. Motion to approve the Order of Conditions with Special Conditions 1-6, 8, 9, 17, 19, 21, 25-27, 32, & 41 DB, second JB, so voted. Documents: Legal Ad, Plan, Field Report 7. Lot 7 Tremont Street (Assessor’s Lot 51-49), Malloch Construction, NOI, SE73- 3088 -construction of a single family home with associated site grading and utilities. Nyles Zager, Zenith Consulting Engineers present. Motion to approve the Order of Conditions with Special Conditions 1-6, 9, 17, 19, 21, 25-27, 41, & 42 DB, second JR, so voted. Documents: Legal Ad, Plan, Field Report JB Public Disclosure: does work on a direct abutter’s property. NZ has no issue with JB voting on this. 8. Range Ave. (Assessor’s Lot 88-57) Baptiste/Southbrook Development, Inc., ANRAD, SE73-3085 -resource area delineation approval. Nyles Zager, Zenith Consulting Engineers present. Motion to approve the ORAD JB, second DB, so voted. Documents: Legal Ad, Plan, Field Report CONTINUED VIOLATION: 1. 188 Dunbar Street – Mackendy Paul, owner present PM: cleared out trash and leveled the lawn. Not stopping water from going anywhere. Didn’t know I was doing something wrong. MR: He keeps expanding the area. DB: how close to the wetland? MR: right on the edge of the wetland. ST: water is being pushed onto other people’s property. It’s a huge violation. We need to get it back to where it belongs. MR: added loam to plant grass but that’s not helping. ST: understand you want to make your yard better but when you live near wetlands you need to check with Conservation. MR: DPW will check for blockages. DB: any trees cut? MP: mostly bushes 5’ tall DB: any fertilizer? MP: no DB: concerned that it’s affecting others ST: you need to move the chicken coop 35’ from the wetland and get rid of the berm MR: plant shrubs that like water ST: call MR for planting suggestions Public Input: Patrick Quatromini, 7 Robin Drive numerous dead trees because of the water. All this water to my property is a big concern. ST: have DPW look at #7 & #9 Robin Drive PPQ: they brought dump trucks of fill in. Please notify me when DPW is coming. Would like to be there. JB: would like full restoration done and engineered plan showing wetlands. William Watson, 178 Dunbar Street had tons of trash, bamboo, etc. but he has cleaned up the place. ST: he’s made his back yard bigger and it affects others. Motion to continue until 8/19/24 meeting, have an engineer flag the wetlands & a restoration plan back to 2016 JB, second DB, so voted. JB steps down VIOLATION: 1. 178 Dunbar Street, William Watson, owner present. WW: did not fill fill wetlands but did put a berm down. Trashy area, have cleaned up the place. The shed can be removed, carport will be removed. DB: were buildings there when you bought it? WW: yes JR: you will remove the shed and the carport? How much time do you need? WW: Just 30 days MR: you will need to file also for a shed permit WW: will come into the office to do that. Public Input: Dave Correia, 178 Dunbar Street states the area is all wet. Patrick Quatromini, 7 Robin Drive wetlands were filled and buildings added 5 years ago and probably should have been handled back then. Mr. Machado’s land floods as well. ST: DPW should talk to PQ & his neighbor, WW take down the carport & permit the shed. WW: I did put the berm in the very beginning to protect my property ST: We just can’t have everyone putting up berms. PQ, MR, & DB will walk the property. Motion to continue until 8/19/24 meeting DB, second RE, so voted. OTHER BUSINESS: None Motion to adjourn at 8:39 pm pending all signatures on paperwork JB, second DB, so voted.