Conservation Commission

Minutes of the Taunton Conservation Commission November 4, 2024 Present: Chair Steven Turner, Vice Chair, Debra Botellio, Commissioners, Joshua Borden, Richard Enos, Luis Freitas, & Jan Rego, Conservation Agent, Michele Restino & Recording Secretary, Ursula McCarthy also present. Absent: Commissioner, Matthew Haggerty. Motion to open the meeting 6:02pm. Motion to approve the minutes of October 7, 2024. JB, second JR, Voted 4-1. DB present. ACCEPTANCE OF LAND: Law Department Discussion – Soper Estate land on Williams Street (67-110 and 67-104) and Lot 77E off Crane Ave South. City Solicitor Matthew Costa, present. MC – this land was left to the city; court case was held 20 years ago about the status and was agreed to be held as conservation land in perpetuity. DB: was this determined to be passive? MC: it would be held in its current state DB: it won’t be used as ballfields MC: no LF: you mentioned this was never recorded MC: it will be recorded, a deed will be recorded LF: it won’t be held up like 20 years ago? MC: no it will be recorded immediately JR: can a walking trail be added? MC: it would need to come before the conservation board to vote on DB: we are all here now and later they may take open space as something else and that is my only concern; passive recreation is great and what it’s supposed to be JB: do you have a written motion? MR: should it be recorded separately? ST: seems contradictory, as passive or to stay in its natural state. MC: I’m ok with it being kept in its natural state DB: I’m concerned with it being open space, I don’t want it as open space. Passive recreation only is where it should stay. RE: do you need to post no trespassing signs? MC: not unless conservation has an issue and is required to JB: motion to accept parcels 67-110 & 67-104 of land for conservation left in its natural state and once the land is recorded to provide a copy to Michele for our records. DB, second. So voted. RE made a motion to open to public input, second DB. So voted. Estelle Borges, 63 Ashland Street: as per the trust, this land should remain this way, in its natural state. Also, I wanted to publicly thank Carolyn Basler which is here tonight and if it wasn’t for Carolyn we probably wouldn’t have ever found this, she deserves all the credit for all the research done on this property. ST: anyone else? MC: yes, I have more. 77E Crane Ave S/Prince Henry Dr. that is conservation land voted by the City Council. We need a vote this into conservation land under the jurisdiction. JB made a motion to accept the land into conservation under the jurisdiction, second, DB. So voted. DB: are there any easements on this property? MC: I don’t believe so, land was part of camp Myles Standish and then conveyed to the City of Taunton. DB made a motion to add 745 John Hancock Rd to 12/9/24 meeting, second JB. So voted. DB made a motion to close, so voted. CERTIFICATE OF COMPLIANCE: 1. 225, 205 & 215 W. Britannia Street, (Lot 46-394 & 43-393), COC, Eastside LF made a motion to open, so voted. DB made a motion to approve the COC but to withhold the Certificate until the trash is removed and second inspection is completed, second JB, so voted. JB made a motion to close, so voted. 2. 38 Cranesbill Road, (Lot 105-130), Hawthorne Development, COC, SE73- 2904. DB made a motion to approve the COC, second RE. So voted. 3. 61 Summer Street, (Lot 66-239), Coyle School Residences, COC, SE73- 2768. DB made a motion to approve the COC, second JR. So voted. PUBLIC MEETING: 1. 137 N. Walker Street, (Lot 89-21), Katz, RDA, DSE-1353. JB stated he has no stake in this project. DB made a motion to approve his comment. DB made motion to open, so voted. Brad Fitzgerald, SFG Associates, present. Single Family dwelling; Installation of a new septic system consisting of a 1500 gallon septic tank and a 416SF Soil Absorption System (SAS). A BVW located in the rear of the property and was delineated by SFG Associates, Inc. on September 6, 2024 using pink flags marked WF1 to WF5. No work to occur within 25ft of the BVW. An erosion control barrier is shown on the plan and is at least 29 feet from the BVW. The existing leaching field will be abandoned per BOH regulations. The proposed septic tank and SAS will be located in the back yard approximately 41ft and 38ft from the BVW, respectively. A 40mil poly barrier will be installed around the SAS. DB made a motion to approve this project and issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, 19, second, RE. So voted. 2. 99 N. Walker Street, (Lot 75-69), Silvia, RDA, DSE-1354. DB made a motion to open, so voted. Brad Fitzgerald, SFG Associates, present. Installation of a new septic system consisting of a 1500 gallon septic tank, 1000 gallon pump chamber, 360 square foot Soil Absorption System (SAS) and associated grading. The BVW were delineated by SFG Associates, Inc. on September 6, 2024 using pink flags marked SFG1 to SFG11. The existing cesspool located in the front will be pumped and removed along with all contaminated materials. The new septic tank and pump chamber will be located in the front and will be 51 feet and 67 feet from the BVW respectively. The SAS will be located in the backyard and will be 58 feet from the BVW and grading will come to approximately 51 feet from the BVW. An erosion control barrier is shown on the plan and will be 47 feet off the BVW. JB: why is this in the backyard? BF: the backyard was chosen due to the lack of room in the front. DB made a motion to approve this project and issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, 19, second, JB. So voted. 3. 407 Dighton Ave., (Lot 104-22), Dufault, RDA, DSE-1355. Brad Fitzgerald, SFG Associates, present. DB made a motion to open, so voted. Septic Repair. Installation of a new septic system consisting of a 1500 gallon septic tank, a 480sf Soil Absorption System (SAS), and associated grading. A BVW is located in the rear of the property and was delineated by SFG Associates, LLC on October 10, 2024 using pink flags marked SFG1 to SFG5. The existing system will be pumped and removed per BOH regulations. An erosion control barrier is shown on the plan as the limit of work and will be at least 38 feet from the BVW. Grading will fall to within 43 feet of the BVW will be 53ft away. The new septic tank will be 90ft from the BVW and all disturbed areas will be restored to their natural state. DB made a motion approve this project and issue a Negative Determination to include Special Conditions 1-4, 7,8,14,18,19, second, JB. So voted. DB made a motion to close, so voted.  4. Glebe Street, Lot B, (Lot 61-98), Strojny, RDA, DSE1356. Septic system installation and new home. DB made a motion to open, so voted. Scott Faria, JK Holmgren Engineering, present. Installation of a new septic system and new home. The wetlands were delineated by Sabatia, Inc. on September 3, 2021, reflagged on February 2, 2024, and approved and an ORAD issued on May 14, 2024. An erosion control barrier is shown on the plan as the limit of work and will be at least 56 feet from the BVW. Grading will be at least 72 feet from the BVW. The work presented will no negatively affect the wetland or adjacent properties. LF made a motion to approve this project and issue a Negative Determination to include Special Conditions 1-5, 14, 18, 19, second, DB. So voted. DB made a motion to close, so voted. 5. 15 Anne Drive, (Lot 73-131), Tomkins, RDA, DSE1357. Septic system installation. DB made a motion to open, so voted. Peter Lyons, Collins Civil Engineers, present. Installation of a new septic system consisting of a 1500 gallon septic tank, 1000 gallon pump chamber, 600sf Soil Absorption System (SAS) and associated grading. The BVW was delineated by Brooke Monroe, Pinebrook Consulting, on August 24, 2024 using pink flags marked WF1 to WF14 to WFA12. The property is on the corner of Caroline Dr. and Anne Dr., and the wetland extends along the rear of the property over to the westerly side of the property and in proximity of a storm water basin. The septic system will be in the front yard with the septic tank and pump chamber 67 and 66ft from the BVW while the SAS will be 81 feet away. An erosion control barrier is shown on the plan and will be at least 50 feet from the BVW. This project will not negatively impact the BVW or adjacent properties. DB made a motion to approve this project and issue a Negative Determination with Special Conditions 1-4, 7, 8, 14, 18, 19, second, JB. So voted. DB made motion to close, so voted. PUBLIC HEARING: 1. 685 Glebe Street, (Lot 62-4), Adult Teen Challenge, NOI, SE73-3103.  30x30 garage. JB stated he has done work previously for this owner and holds no financial gain, DB made a motion to approve pardon. DB made a motion to open. Scott Faria, JK Holmgren Engineering, present. Construction of a 30x30 garage to be built on a concrete slab. The wetlands were delineated by Brad Holmes, Environmental Consulting & Restoration, LLC, on November 11, 2022 using pink & black striped flags. A BVW on the south side of the street was delineated using flags marked B1 to B7, a second BVW along the westerly side of the property was flagged as C1 to C47 and an Isolated Vegetated Wetland (IVW) on the southeasterly side of the property was flagged as A1 to A25. NHESP designated land surrounds and is within the property borders with the garage falling approximately 34ft within the NHESP border. A letter from NHESP was received and the flags will be refreshed and inspection will be done. The site is also within the Three Mile River Watershed ACEC (Area of Critical Environmental Concern). The garage will be 70ft from the C series BVW at its closest point. An erosion control barrier is shown on the plan as the limit of work will be at least 45 feet from the BVW (C series). DB made a motion to approve the Order of Conditions to include Special Conditions1-5, 19, 21, 24-27, 32, 41, second, JB. So voted. DB made a motion to close. MR: a letter was received from NHESP and Scott will be refreshing the flags and I will re-inspect. 2. 19 Wildwood Avenue, (Lot 53-62), Marques, NOI, SE73-3104. DB made a motion to open. Evan Watson, W. Engineering present. This filing is for a sewer extension to the City of Taunton system and abandon the existing septic system. The property is within the Riverfront Area of Cobb Brook and associated wetlands. The existing septic system will be decommissioned per Board of Health regulations and a new 4” building sewer will be attached to a new E1 low pressure sewer grinder pump. A 1 ¼” outlet pipe from the pump will then be installed underground and connected to the service stub in Wildwood Avenue. This work is approvable under 310 CMR 10.58(4)(d) which states; the “Temporary impacts where necessary for installation of linear site-related utilities are allowed, provided the area is restored to its natural state.” All disturbances  will be temporary and areas will be restored to the existing conditions. A siltation barrier is shown on the plan as the limit of work. JB: why not plumb out in the front? EW: the existing plumbing is in the rear & landscaping/pathways would be disturbed out front. JB made a motion to approve this project and issue an Order of Conditions to include Special Conditions 1-5, 19, 21, 25-27, second, RE. So voted. DB made a motion to close. 3. Glebe Street, Lot A, (61-97), Strojny, NOI, SE73-3104. DB made a motion to open. Scott Faria, JK Holmgren for Michael Strojny. Construction of a single family home with attached garage, driveway, and septic system. Richard Park, 960 Glebe Street, present – I have lived her since 1995 and it was a dirt road, then 2000 the water tower was installed & road was paved. Tom was going to sell both lots and went in front of zoning board, it was denied 10/2017 and Lot B had 2700SF and it has enough dry in Lot A but Lot B is a lot of wetlands, high tide get to street level and is very little dry land. SF: it meets all zoning requirements. RP: if you’re building this, why would you put the septic near the wetlands? Brian Curran, 920 Glebe St: been here 5 years and my sump pump runs constantly when it rains. The wetlands were delineated by Sabatia, Inc. on September 3, 2021, reflagged on February 2, 2024 and approved an ORAD issued on 5/14/24. An erosion control barrier is shown on the plan as the limit of work and will be at least 26ft from the BVW. Grading will be at least 27ft from the BVW while the Soil Absorption System (SAS), located on the easterly side of the house, will be 55ft away. The garage will be 84ft from the BVW at its closest point. The septic tank will be in the front of the house and outside the 100ft buffer zone. JR made a motion to approve this project and issue an Order of Conditions to include Special Conditions 1-9, 19, 21, 25,-27, 42, second, RE. DB, nay. Voted 5-1. DB made a motion to close. 4. 297 Winthrop St., (76-122), Adams, NOI, SE73-3105. DB made a motion to open. Bob Crowell, Crowell Engineering & Bill Adams present. Removal of trees and grading of the hill at the rear of the property to follow the grading of the neighboring 293 Winthrop St. Lot. In addition, existing gravel  drive and paved driveway falling within the 25ft WPZ will be removed and stabilized. An erosion control barrier, following the 25ft WPZ along the westerly side of the property, is shown on the plan and will be considered the limit of work. The grading and tree removal are at least 30ft from the BVW except for the gravel and paved driveway at the southwest portion of the property. DB: are you taking the pavement off the property when removing the driveway? BC: yes, we will remove it. JB made a motion to approve this project and issue an Order of Conditions to include Special Conditions 1-5, 19, 21, 25-27, 42, second, RE. So voted. DB made a motion to close. CONTINUED VIOLATION: 1. 43 Friend Street – MR: I spoke to him and explained he needs an engineered plan. JB made a motion to move this to January 13th meeting, second, DB. So voted. VIOLATIONS: 1. 13 Cape Road – VIOLATION Ronan Drury, Prestige, present. Bruce Thomas, Dunkin, present. MR: I took pictures on 10/15/24 and met with Mr. Drury and the bench has been removed, the stone is still there. The shed doors need to be closed. DB: what’s in the shed? MR: I’m not sure RD: I thought it was sand but it’s salt DB: removed the salt from the shed ST: how old is the shed? MR: not that old JB: does he have a permit for the shed MR: I’m not sure DB: is it big enough for a permit? JB: I don’t think so ST: Mr. Thomas, you are the abutter? BT: yes (BT passed out printed pictures to the board for review) ST: invited Mr. Drury up to the counter to show him the pictures BT provided ST: Mr. Drury, did you know this stuff was on his (BT) property? RD: Yes. ST: did you ever talk to Mr. Thomas? RD: yes. Mr. Thomas doesn’t own the property. We have been at this location since 2006 and this area has always been used by previous owners and we cleaned it all out, cars, storage container, bobcat, etc. when we redid the carwash and use it as parking. We have been using it for parking for over 20 years. We didn’t cut any trees, over the years the river rising up & down caused the trees to fall down; if you go down there you will see the trees are still there, just fallen down into the bottom of the river. This issue isn’t with Mr. Thomas, it would be with the owner. If the owner wants to come to discuss to evict us off the property, he can. We have been using it for over 20 years. Mr. Thomas doesn’t own the property. ST: it sounds like you have been using it all along and nobody said anything so you just continued. You knew you were using the property? JB: Mr. Thomas, you own the Dunkin? BT: yes JB: property, you are leasing, correct? BT: yes and I spoke with the owners today and I have the right to be here to discuss this; I have rights to this property today. Michelle and I looked at this and on Google Earth it shows about 7 years ago this was a wooded lot ST: even 3 years ago it shows wooded BT: pictures don’t lie ST: showing a picture from 2021, you can clearly see Dunks and the carwash and wooded JB: so prior to 2021 everything behind the fence was wooded BT: yes JB: and now there’s 2 sheds and a gravel area? BT: yes JB: so these are on your property….well, the property you are leasing, correct? BT: that is correct ST: (comparing pictures taken in 2021 and 2024) DB: when were these pictures taken? BT: April DB: is this stuff still there BT: no ma’am BT: I was having a new roof put on my building (Dunkin) and saw about 15 cars over the fence on my property back there. I reached out to Ronan and he said he’s been doing this for years. Pictures show oil, batteries, and cars and yes he did clean it up. It was wooded still in 2021 and now he cleared it and put gravel and now I have a water issue puddling in the parking lot creating ice. JB: when was this surveyed? BT: about a year ago JB: removal of survey stakes is a criminal offense LF: Ronan, will you agree all this stuff belongs to you? (Re: pic) RD: yes, I agree, it’s been used by us for the past 20 years and previous owner 20 years prior RD: I only know when I bought it from the previous owner, they used it. I was told by BT I need to pay rent if I’m going to continue to use the land and I said no I wouldn’t and called Michele. Barrels were empty and never had oil and the Order of Conditions have been followed. It seems to be a civil matter at this point by trying to claim the property. LF: since you spoke with Michele, have you cleaned up? ST: you have a good business but you are in violation by using land that isn’t yours once BT found out. LF: if he want to take ownership and not clean up, you’re in violation. You seem like a smart guy, but it seems like you are claiming ownership. JB: we have photos going back to 2021 that shows wooded are out back. 35ft disturbed riverfront are, your people did this and are in violation. DB: what’s back there now? RD: cars just for parking DB: why are cars being parked there? ST: who did the gravel? RD: we always kept it clean ST: from 2021 to 2024 there is a huge difference BT: he’s renting the spot out and has too many uses on that property. I have pictures of vehicles with auction numbers on it. MR: he is approved for used car sales RD: approved for 14. We used it for employee parking for 40-50 years ST: I strongly suggest for a follow-up, maybe sit with Mr. Thomas and come up with a plan RD: I own a lot of property and wouldn’t want someone doing this. The owner is the one who should have called. LF: that piece of property, nothing belongs on this property. Take it all out. DB: we are not here to determine who owns the property, not our concern, must be cleaned JB: to claim adverse possession is very hard and expensive ST: has zoning approved auto repair? RD: no BT: I have proof of auto repair ST: ok, that’s not for tonight JB: everything needs to be removed by 12/9/24 ST: is there a tree plan? MR: I don’t have a plan, and not sure where they were exactly ST: we want to fix this but won’t worry about the trees, but worry about the gravel MR: I’m concerned with the gravel & removal, causing disturbance after this long ST: contact Michele on this BT: I’d like a motion to put my stakes back JB: unfortunately cannot approve, this is out of our jurisdiction JB made a motion to put this to the Zoning Officer, second, RE. So voted.  JB made a motion to have the shed, gravel removed completely and restored to its natural state, and to be done by December 9th, 2024 meeting, second, DB. So voted. OTHER BUSINESS: 1. Meeting Schedule 2025 – JB made a motion to approve January 13th, 2025 and to revisit the rest of the dates of the year at the December meeting, second, DB. So voted. Motion to adjourn at 7:46 pm pending all signatures on paperwork JB, second RE, so voted.