Conservation Commission

Minutes of the Taunton Conservation Commission June 24, 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 June 3, 2024 DB, second JB, so voted. CERTIFICATE OF COMPLIANCE: 1. 270 Burt Street, Audlee, COC, SE73-3068 -to close out Order of Conditions. Motion to approve Certificate of Compliance DB, second JR, so voted. Documents: Field Report, Plan 2. Longmeadow Road, (Assessor’s Lot 56-30) Nogueira/Nogueira Realty, COC, SE73-3083-to close out Order of Conditions. Motion to approve the Certificate of Compliance DB, second MH, so voted. Documents: Field Report, Plan PUBLIC MEETING: 1. 40 Woodbine Street, Miller, RDA, DSE-1344-installation of a 12’ x 24’ a/g pool. Debra & Charles Miller, homeowner present. DB: 85’ to just one area? MR: yes DB: filter type? MR: didn’t ask DM: sand filter DB: no backwash into the wetlands. Motion to issue a Negative Determination with Special Conditions 1-4 DB, second RE, so voted. Documents: Legal Ad, Field Report, Plan AMENDMENT: 1. 166 Worcester Street, Santos, AMEND OOC, SE73-3075-to change two special conditions to the Order of Conditions SC50 to change and allow basic non-commercial maintenance ie: check & add fluids, brake repair, and SC53 to change the southerly driveway from non-paved to paved. George Collins, Collins Civil Engineering Group & Peter Santos, homeowner, present. GC: not a commercial operation and he wants to be able to use the garage for maintenance. 95% of the maintenance will be done off site. ST: The normal owner doesn’t have 9 vehicles. GC: he’s been doing this all along in his driveway. Maybe just change the wording to everyone’s satisfaction? DB: asked for reminder of the conditions. MR: read both conditions that are requested to be amended. DB: do you consider dropping a gas tank regular maintenance? GC: I don’t know. PS: no would source that out. DB: are you looking to eliminate that condition? How would you dispose of motor oil? PS: there are places that you can bring it to be disposed of. GC: PS wants this to be a very clean facility. Most work will be done off site. Wants to use his garage as a normal person would. JB: Thought there was no driveway at all. Not is support of either. If you don’t like the decision you could have appealed it. LF: last meeting we spent a lot of time on this and listening to the neighbor’s concerns. I don’t support changing these conditions. Whether we allow it or not, he will do it anyway. We have already seen what he has done. Have lots of concerns regarding spillage. ST: I won’t vote for changing the driveway to being paved. The other condition maybe but with an oil/separator condition. JB: if we were to allow the maintenance would like to see a tight tank. GC: that would be very costly, maybe a simple drain. The driveway is a maintenance issue and a safety issue for his daughter. ST: Historically we can’t trust him that he will do what he says he will do. PS: difficult to communicate clearly and concisely. DB: have we ever changed an Order of Conditions Special Condition? MR: no not a Special Condition. This would have to go to Superior Court instead of DEP. Definitely unique. Oil/water separator is usually for commercial business but this could be helpful to appease the neighbor’s concerns of contamination. The Commission is allowed to change or do whatever they choose in regards to Special Conditions. DB: We don’t want to change the conditions after the fact and set a precedent. Cannot support this. JR: I agree with DB this is all the same things we discussed at the original hearing and agreed to the Special Conditions then. Public Input: Melinda Edlund, 50 Wisteria Place he states that the garage is for the storage of classic cars so if it’s for storage only there shouldn’t be any maintenance done there. No need for two driveways. Pick one. Wants to pave the other area for stability so he’ll be paving more?? ST: one paved closer to the house and get rid of the other one. Could approve but have the oil/water separator? He will do stuff anyway behind closed doors. Whatever the Board of Health says will take care of it? Kristin Parsons, 173 Worcester Street. When this was developed where his house is that was not allowed. Why now? ST: not done then GC: because he has an oversized lot MR: not because of the wetlands. Doesn’t meet Rural Residential requirements. KP: I have a lot of concerns. He does whatever he wants and then asks for forgiveness. He brought in 20-30 truckloads of fill before. Will he be bringing in more? MH: does Special Condition 50 apply only to the garage MR: yes MH: I have concerns that he will be doing his work outside of the garage. LF: I respect everyone’s decision. I would like to see the oil/water separator especially if he ends up selling the property to someone that’s a mechanic. GC: floor drains to a tight tank that can be pumped might work. ST: go to the Board of Health with that plan. PS: I’ll never sell my property. GC: the condition the Commission put on was such a blanket statement. This is a unique situation so we are not really setting a precedent. There is a process and we are following the process. DB: Are you a lawyer? GC: no DB: I’ve worked 42 years at a law firm and yes this would set a precedent. This should have been decided at the original hearing and will not be in support of this. GC: Can we request a continuance? To come up with a plan. JR: 100 gallon or 150 gallon cap? JB: said 100 gallon but I would defer to the Plumbing Inspector. Motion to continue the Amendment to 8/19/24 with new plan LF, second MH, no votes JB, DB, motion carries. Documents: Legal Ad, Plan Motion to go out of order and take Violation first. JB, RE, so voted. VIOLATION: 1. 123 Dolan Circle –Brad Fitzgerald, SFG Associates present. BF: Like you, I found out about it after the fact. Shed was built without going to Conservation for permission or getting a building permit. Motion to remove the violation DB, second RE, so voted. AMENDMENT: 2. 123 Dolan Circle, Ghazal/Deep Pond Farm, AMEND OOC, SE73-3048-for construction of a 20’ x 19.5’ steel shed and slab. Brad Fitzgerald, SFG Associates present. BF: This is an after the fact filing for storage of tractor. DB: Any chemicals to be stored there? BF: no, not that I saw. Motion to approve the Amendment to the Order of Conditions with previously approved Special Conditions DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan Motion to go out of order JB, second DB, so voted. PUBLIC HEARING: 1. 1315 South Precinct Street. Denison, NOI, SE73-3094 -septic system repair and bathroom construction. Brad Fitzgerald, SFG Associates, present. DB: failing system now. BF: bathroom will tie into the new system Motion to approve the Order of Conditions with the following Special Conditions 1-5, 19, 21, & 25-27 DB, second RE, so voted. Documents: Legal Ad, Field Report, Plan Return to Regular Order of Business 2. 0 Rachel Drive, (Assessor’s Lot 15-32), Olubanwo/0 Rachel Street Property, NOI, SE73-3093-construction of a single family home with associated septic. Julie Goodwin, W Engineering present. DB: What percentage of lot is in the 100’ buffer zone? MR: 75-80 percent. Motion to approve the Order of Conditions with Special Conditions 1-5, 7-9, 17, 19, 21, & 25-27 JB, second RE, DB no, so voted. Documents: Legal Ad, Field Report, Plan OTHER BUSINESS: DB: Regarding 188 Dunbar Street the barrels were moved back into the wetland. MR: will go out and check Motion to adjourn at 7:12 pm pending all signatures on paperwork DB, second JB, so voted.