Conservation Commission

Minutes of the Taunton Conservation Commission August 19, 2024 Present: Chair Steven Turner, Vice-Chair Debra Botellio, Commissioners Joshua Borden, Richard Enos, Matthew Haggerty. Conservation Agent, Michele Restino & Recording Secretary, Ursula McCarthy also present. Absent: Commissioners Luis Freitas & Jan Rego. Motion to approve the minutes of July 8, 2024 DB, second MH so voted. Conservation Commissioners and the Conservation Agent welcomed Ursula McCarthy as the new Recording Secretary. Scadding Street Bridge Replacement Project – Law Department Motion to approve to authorize to release the land from jurisdiction to the city for roadway improvements as part of the Scadding Street Bridge Replacement Project. ST: discussed existing fishing area. Atty Matthew Costa: unsure if the land will be affected. JB, second DB, so voted. MH: under the conditions the fishing area isn’t removed. Atty Matthew Costa: fishing area will need to be surveyed to ensure it won’t be disturbed. DB: will you be coming before us again to discuss the fishing area? Atty Matthew Costa: we will keep you updated CERTIFICATE OF COMPLIANCE: 1. 19 Ingell Street, Binda/Binda Realty, LLC, COC, SE73-2922 DB made a motion to approve COC, second MH, so voted. 2. 26 Vinson Street, formerly Lot 10 Woodbine Street (Assessor’s Lot 64-153), Woodbine Properties Development, LLC, COC, SE73-2830 DB: this entire project is a blatant disregard for the rules set forth MR: they have stayed within the boundaries required DB: I deny this motion to approve the COC JB: who applied for this COC MR: Christopher Coute… they basically made it a long house and stayed within the parameters & setbacks. MH: what happens next if we don’t approve this COC  JB: he (CC) would need to file an amendment ST: how many owners have owned this property MR: only 1 owner after the builder, new owner has been there approx. 6 months. RE: how do we move forward MR: unsure, but we have been trying to get this closed out for a long time DB: this is blatant defiance for future applicants & I cannot accept this. ST: let’s continue this to the next meeting JB made a motion to request a continuance for a month to the next meeting on September 9th, 2024 and investigate further as to why so many changes were done and also request a representative from Brownstone to appear, request to be sent to Brownstone by certified letter, second MH, so voted. 3. 70 Henrietta Way, Hopgood/Clarewood Homes, Inc., COC, SE73-3046 DB made a Motion to approve the COC, second RE, so voted. PUBLIC MEETING: 1. 115 Highstone Street, Anderson, RDA, DSE-1348-septic system upgrade. Nyles Zagar, Zenith present. Motion to issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, 19. DB, second JB, so voted. Documents: Legal Ad, Field Report, Plan 1a. (Public Hearing) 51 Briarwood Drive, Limitless Development, LLC, NOI, SE73- 3095 – septic system upgrade. Nyles Zagar, from Zenith present. Motion to issue a Negative Determination with Special Conditions 1-5, 8, 19, 21, 25-27. DB, second MH, so voted. Documents: Legal Ad, Field Report, Plan 2. 78 Richmond Street, Johnson, RDA, DSE-1349 –septic system repair with associated site grading. Cheryl Johnson, homeowner, present. Brad Fitzgerald, Engineer, present. BF: system was a failure, property has been flagged and plan has been approved by the BOH. Motion to issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, 19. DB, second MH, so voted. Documents: Legal Ad, Field Report, Plan 3. 293 Winthrop Street, Desert De Oro Foods, Inc., RDA DSE-1350- Michelle Duquette, GPI, present. DB made a motion to open the hearing. MD: 2 properties next to O’Reilly Auto Parts, 1 parcel to be Taco Bell, 2nd parcel would be addressed at a different date. Planning Board has approved the site and we are within the 100ft buffer zone from the wetlands and are proposing a retaining wall along with buffer zone it is also separated by a vegetative buffer & natural buffer which will allow stormwater to flow into the site. DB: where would trash go? MD: there will be a fence on the retaining wall and trash area will also be fenced in. ST: where would the snow go? MD: areas are available on site and overflow would be shipped off. ST: any issue with using salt or sand. DB: no issue. Motion to issue a Negative Determination with Special Conditions 1-4, 14, 18,19 DB, second MH, so voted. DB made a motion to close. Documents: Legal Ad, Field Report, Plan 4.Winthrop Street ROW, Taunton Water Division, RDA DSE-1351 – Luke Fromm, Tighe & Bond, present. LF: here on behalf of the City of Taunton in regards to replacing the damaged water main beneath the US State Highway 44/Winthrop Street Bridge caused by ice damage, with a new 12 inch diameter insulated ductile iron pipe to restore normal service. Project will have 2 test pits on either side, scaffolding will be placed in the river while work is being done. ST: will this effect Cohannet Street side? LF: no it will not. MR: remember to stay 25ft away. ST: will you have an engineer on site? LF: yes. Motion to approve this project and issue a Negative Determination, JB, second DB, so voted. 5. 62 Round Street, Harris, RDA, DSE-1352 – install a 16’x32’ inground pool. Derek & Sandra Harris, present. SH: on the plan the pool is within setback guidelines. Motion to approve this project and issue a Negative Determination with Special Conditions 1-4. DB, second MH, so voted. CONTINUED AMENDMENT: 1. 166 Worcester Street, Santos, Amend OOC, SE73-3075 – George Collins, Collins Engineering, present. GC: proposing a motion for a detached garage with a containment system. Plumbing inspector and there is no issue with this project on their end. Proposing 8 inch strip drain on the floor for any liquids to collect at each end of the garage with a 107 gallon storage capacity; also, on site will be hazardous drain and spill kit with 100lbs of speed dry for any spills. No commercial fluids will be allowed on site. Stated that initially the plan sounded like it would be a commercial garage and this is not the case. DB: educate me, how would the drains be drained? GC: lift the metal grate covers, put in speedy dry and then bag it up. DB: where would he dispose? GC: he would dispose properly according to the item. DB: just being proactive. ST: make a note to request where to dump from DPW. Normally this isn’t something put in a residential garage; request to contact DPW when overage spills should occur. So, next step? GC: proposing pavement on South Side, 185ft within conservation and remove North Side pavement which would be a 775sf reduction. DB: where would snow go? GC: there is no formal snow plan. DB: I just don’t want to see it go into the wetlands. GC: snow would be 60f from wetlands. GC: clarifying that the North Side will be all gravel. Motion to approve this project and issue a Negative Determination with Special Conditions 1-5, 19, 20, 24-27, 50-53, added 54- driveway not to be paved in the future without conservation approval, also added 55- no pavement or disturbance behind the garage & no snow to be pushed behind the garage into the wetlands. JB to approve SC#54 & 55, second RE, voted 4-1. DB – denied. AMENDMENT: 1. Lot 1 Longmeadow Road (Assessor’s Lot 56-30), Nogueira/Nogueira Realty & Development, LLC, Amend OOC, SE73-3090 2. Lot 2 Longmeadow Road (Assessor’s Lot 56-30) Nogueira/Nogueira Realty & Development, LLC, Amend OOC, SE73-3091 3. Lot 2 Longmeadow Road (Assessor’s Lot 56-30) Nogueira/Nogueira Realty & Development, LLC, Amend OOC, SE73-3092  – Steve Figueirido, present. John Desouza, NCGI, present. JD: proposing a motion stormwater management system of three triplex homes to include a storage pipe infiltration system to collect and infiltrate roof stormwater runoff. Motion to approve the changes and issue an Amended Order of Conditions and Special Conditions to remain the same. DB: has DEP approved SF: yes MR: just waiting on Conservation Commission approval DB: thank you. JB made a motion to approve the changes ad issue an Amended Order of Conditions and Special Conditions remain the same. Second, MH, so voted. CONTINUED PUBLIC HEARING: 1. Cape Road (Assessor’s Lot 71-3), Ibrahim, NOI, SE73-3089 – construction of four buildings consisting of four contractor bay each, access roadway, drainage, septic, associated utilities and site grading. DB: made a motion to open the hearing. So voted. Pat Carraro & Samantha Cripps, PMP Consulting, present. Pierre Ibrahim, present. PC: last appearance we took comments from commission & came up with a reduction & removed the 4th building, significant changes have been made since the last meeting. Originally had approximately 1500sf disturbance at the 25ft buffer zone and it has been changed to zero disturbance. 100ft buffer was originally 47,000sf and got it down to 38,000sf. Impervious buffer was 19,000 and is now at 9,900. No building area within the 100ft buffer zone. ST: have the buildings remained the same? PC: yes but they are 5ft closer to the upper property line near Joe’s Gas. ST: thank you for doing what we asked DB: snow removal plan? PC: we have a plan where snow will be put at the rear of the buildings and the stormwater management system will also help and is within the 100ft buffer zone DB: where it’s so close to the 25ft buffer, you will not being using chemicals correct? PC: we will be using sand JB: this is a much better design. DB: can we add SC#50 to state no chemicals or salt be used on site & snow not to be stored into the west side area near the wetlands? JB: also want to add to SC#49 to provide a letter stamped by a Professional Land Surveyor. PUBLIC – John Blennick, 516 Richmond St- was there a wildlife survey done? MR: that is not a requirement JB516: this is going to cause a worse water runoff issue and noise and light, I’m bummed for this, too many trees and wildlife affected. MR: I can only recommend what’s in our jurisdiction. JB516:  when they raise the grade will they be responsible for runoff JB: the engineer has approved this as it won’t make it any wetter. Sean Turnbell, 564 Richmond St: I was under the impression wildlife isn’t going to be affected. I have cameras that show deer, fox, etc and the intermittent stream, I have never seen it dry, I’m disappointed, not happy. Ann Marie Brennick, 516 Richmond St: all 3 buildings will have oil separators? And there is only 3 handicapped spaces? PC: we do have a parking plan, 1 handicapped space for each building, 38 total spaces, 3 of them handicapped. AB: is the sewer tied in? PC: it has on site septic. Frank, 255 Cape Hwy: I have nothing but good things to say, the keep it nice and clean. My dogs and I go near the stream all the time, I don’t think the water issue is credible. MR: the stream needs to be reevaluated after anything moves forward. DB: do we need to add to special conditions? JB made a motion to approve this project and issue and order of conditions to include the attached Special Conditions & revised SC#49 & added SC#50. Second, DB, so voted. DB: made a motion to close the hearing, so voted. PUBLIC HEARING: 1. 0 Richmond Street (Assessor’s Lot 71-44), Aqua Med Pools, LLC, NOI, SE73- 3095 – motion to construct a gravel storage area for pools and gravel access drive. DB: made a motion to open the hearing, so voted. Eric Diaz, Strongpoint Engineering & Jason Branco, Aqua Med Pools, LLC present. ED: explained the vegetative areas caused by construction of 44 and there is an existing 12 inch drain pipe for drainage but no big enough to stop ponding. Test pits have been done throughout the site. Snow removal will not be an issue and no snow would be allowed to go south and would be stockpiled in the gravel area towards the north. DB: explain the triangle easement area ED: it’s an access easement DB: how close is this to the vegetative wetlands? ED: we are right up to the 25ft buffer zone DB: so you are going to do cutting right up to the 25ft buffer zone? ED: in certain portions. ST: read Field Report. JB made a motion to approve the construction of a gravel storage area as well as  stormwater management and refresh the already approved flags A1-A30 prior to work commencement and approve the attached Special Conditions. Second RE. Voted 4-1. DB: Nay 2. 425 John Quincy Adams Road, MP Properties IV, LLC, NOI, SE73-3097 – to redevelop site with a new warehouse facility with associated parking, utilities, and stormwater management. DB: made a motion to open the hearing Garrett, Kelly Engineering & Andrew Mackin, MP Properties LLC. Present. AM: there is 6.6 acres in the Myles Standish Industrial Park, zoned industrial, existing 2 curb cuts, BVW system in place, all work will stay within the 25ft buffer zone, snow storage areas in place as well. DB: is the current building being demolished? Garrett: yes, complete demo. DB made a motion to issue an Order of Conditions to include the attached Special Conditions for the complete redevelopment of the site to include a new 65,000sf warehouse with parking, utilities, stormwater management system and associated grading and the work proposed meets stormwater management system requirements, decreases impervious area, and decreases impacts within the 25ft Wetland Protection Zone. Second, MH, so voted. CONTINUED VIOLATION: 1. 188 Dunbar Street – no show. Continued to next meeting 9/9/24. MR: to send a certified letter to appear. 2. 178 Dunbar Street – William Watson, property owner, present. MR: myself & Debbie went by and the carport is still up. WW: shed was removed today. MR: and you need to request a permit for a shed. WW: I have all that paperwork here with me ST: send MR pictures of the poles removed. Patrick, neighbor: I would like to request DPW to keep this open because of the birm that goes from 178 to 188. MR: this doesn’t pertain to this Patrick: back to my initial concerns, has DPW addressed the birms? DB: Michele and I saw no issues MR: DPW has been out there, the major birm was from 188. ST: let’s remove this violation, is there a violation on 188? Tires and debris need to be cleaned WW: those aren’t on my property DB made a motion to remove the violation, second RE, so voted. ST: make a meeting for DPW to go out to 188 MR: I will look into this with DPW ST: have 188 come in to the next meeting. DB: I  believe 188 is ignoring us and request to make a motion to send a certified letter request to appear. Second, RE, so voted. OTHER BUSINESS: 1. Conservation Commission Stipends – moving stipends to monthly. DB: when will this change take effect? ST: probably the next month or 2. MH made a motion to agree to be paid monthly instead of quarterly. Second, RE, so voted. MH: requesting information from MR in regards to Crane Ave South. MR: resource area, have recommended they be protected open space MH: we have no jurisdiction? MR: no Note: 8:00pm JB removed himself. 8:07pm JB returned. Motion to adjourn at 8:24 pm pending all signatures on paperwork DB, second MH, so voted.