'Not in a good situation': Neighbors fear consequences of giant Dighton-Taunton subdivision

DIGHTON – DI Trust is continuing its effort to getting the necessary approvals to construct a controversial 135-unit conservation subdivision off Forest Street – but some neighborhood residents claim the project would endanger wildlife in nearby wetlands and lower water pressure for nearby homeowners.

The proposed development would extend into both Dighton and Taunton. 38 of those 135 units would be located off South Walker Street in Taunton, if the City were to approve the subdivision.

Who needs to approve the plan?

DI Trust’s revised subdivision plan will require the approval of the Dighton Planning Board, Sewer Commission, and Conservation Commission.

At present time, no proposals from DI Trust have been brought before Taunton's Planning Board or the Zoning Board of Appeals, according to Taunton Planning Board Vice Chairman Dennis Ackerman.

Kevin Scanlon from Taunton's Planning & Conservation Department told that currently there is no way of knowing what permitting and approvals DI Trust requires from the City until they submit a full concept plan for review.

The only measure taken in Taunton so far is the Conservation Commission reviewed a request on Dec. 4 to place a water infiltration basin on a portion of a parcel in Taunton. It agreed to the request on the condition the Dighton Conservation Commission also approves the basin since it would have to connect to their side as well.

Special permit rejected in 1998, appealed in court

The developer has been trying to get approval from town boards since 1998 to construct the Forest Hills Estates subdivision.

DI Trust requested a special permit from the Dighton Planning Board in 1998 to build a 145-unit subdivision on Forest Street, but the board rejected the request. The company then took the matter to Bristol Superior Court requesting the court overturn the board’s decision.

Dighton officials and DI Trust resolved the litigation through a 2008 settlement that allowed the company to seek construction of a 135-unit conservation subdivision on a 155-acre parcel, subject to approval by the Planning Board.

Here's what he thinks of Forest Hills Former Dighton town clerk running for open selectmen's seat. Who's not running and why?

Revised plan resubmitted

The board unanimously denied DI TRust's request for a special permit on Feb. 15, 2023, and it reaffirmed that decision on March 1, 2023, because company officials “failed and refused to provide a yield plan and evidence supporting a viable water system for the project.”

DI Trust asked the Dighton Conservation Commission to review the proposed subdivision plan during a public hearing on Jan. 31.

DI Trust attorney Joshua Glass said company officials have a comprehensive description of the proposed subdivision that includes plans to remedy environmental and flooding concerns raised by residents.

“The project is a by-product of a settlement agreement and court order that led to this design,” he said during the Dighton Conservation Commission public hearing.

Dighton Conservation Commission Chair James Digits said commissioners would review the site plan for the proposed conservation subdivision and decide whether to approve it during a meeting on Feb. 29.

“At that time, there may be some discussion among commissioners,” he said. “There will then be a vote to issue an order of conditions, which could be an acceptance of the project or a denial.”

What you need to know in 60 seconds Overnight detours scheduled for South Coast Rail work

Resident and engineer say subdivision would endanger wildlife

Forest Street resident Heidi Brock said ground excavation for a proposed conservation subdivision would endanger federally protected para-green falcons, flora and fauna that frequent a seasonal vernal pool on the site and on her property.

“There are a lot of flora and fauna that are in danger,” she said during a meeting of approximately 25 neighborhood residents at Old Dighton Town Hall on Jan. 29.

Dighton’s engineer consultant, BETA Group Inc., reported the proposed conservation subdivision site might hinder a vernal pool on the property from providing wildlife habitat functions.

“The vernal pool will be severed from wetlands and vegetated uplands at the site by roadways and dwellings,” said Beta Group project scientist Jonathan Niro and senior project manager Gary James in a written report to Dighton officials on Nov. 8, 2023.

Niro and James said DI Trust has not explored any alternatives that may provide for the migration of vernal pool species and the conservation subdivision plan does not appear to comply with the provisions of a town bylaw that protects vernal pools and their associated wildlife habitat functions.

“The applicant has not provided a site-specific invasive species management plan,” Niro and James said. “This could be considered as a condition of approval.”

Niro and James said DI Trust had not provided a stormwater pollution prevention plan for the site, and town boards could require that description as a condition for approving the company’s proposed conservation subdivision development.

Developer's engineer claims plan includes wetlands protection, flood prevention

DI Trust’s engineer, Jason Youngquist of Outback Engineering Inc., said the proposed conservation subdivision has 85 acres of undeveloped land and a brook that will be protected from the property’s development by a vegetated buffer of various plants on the perimeter.

“It will keep all of the backlands as open space so it does not impact the sunken brook,” he said during the public hearing.

Youngquist said 25-foot vegetation buffers would be placed around the vernal pool to protect wildlife.

“The edge of the water in the vernal pool extends under 100 feet,” he said.

Youngquist said the subdivision would also have eight effective infiltration drainage systems to capture water runoff from the property and protect nearby neighborhood properties from flooding.

“We will capture the runoff and recharge it back to the groundwater,” he said. “They will then discharge the water to the wetlands.”

The site, he said, would have water catch basins to decrease water runoff rates, which might occur in the subdivision during a major storm.

“These basins have been designed to decrease the runoff rate and volume for 100-year storm events,” he said. “That way, we can make sure we are not impacting any abutters or causing flooding or adding any extra water to the wetlands or adding extra water offsite. Everything will be contained onsite.”

The drainage system will require the approval of the town sewer commission, planning board and conservation commission before it can be built.

Residents say subdivision would lower water pressure

Forest Street resident Douglas White said homeowners in the proposed 135-unit conservation subdivision need water for their daily needs, and that would significantly lower the water pressure for firefighters to use if a fire occurred in a neighboring home.

“The fire department would not be in a good situation,” he told the Taunton Daily Gazette.

White said the town water department couldn’t increase water volumes into homes on Forest Street because it would require extensively long pipelines to be installed.

“It (a pipeline) would have to cross through North Dighton,” he said.

Forest Street resident David Marble said low water pressure in the neighborhood already exists, and many residents are concerned about its ramifications if a fire occurs.

“I’ve heard in the past that because the water pressure was so low, they (the fire department) could not put out two fires at once,” he said during the public hearing.

Youngquist said DI Trust engineers are trying to resolve the low water pressure.

“We are working with the North Dighton Fire District to address this issue,” he said.

Water supply concerns

North Dighton Fire District & Water Department Commission member Nicholas Noons said officials don’t intend to provide water to Forest Hills Estate because most of the proposed development is located beyond North Dighton’s water district boundaries.

“The development is not exclusive to Dighton,” he said. “There are 30 plus homes that will be located in Taunton.”

Noons said the North Dighton water district purchases all its water from Taunton to supply 300 town residences.

“We are tied into the Taunton water system and are an extension of it,” he said.

Noons said DI Trust could attempt to purchase water for its development from Taunton officials.

“I’m not sure what water options they are exploring,” he said. “They have explored the Dighton water district.”

Noons said Amory Engineers project manager Richard Johnson determined that water obtained by Forest Hills Estate from the North Dighton water district would reduce water pressure for firefighters who are extinguishing blazes in the district.

“The average daily water use by the district averaged 59,000 gallons per day for 2018-2020,” Johnson said in his report to town officials. “The Forest Hills Estate development would increase water use for the district by approximately 50%."

Johnson said the increased demand for water by Forest Hills Estate would reduce water flow to firefighters fighting a blaze in the southern area along Forest Street.

“With the development, the existing six-inch water main in Forest Street would become inadequate to provide the required residential fire flows along Forest Street,” he said.

Johnson said a gravity storage tank must be installed behind the North Dighton Fire District office to ensure a necessary water flow to firefighters fighting a blaze.

“The tank could float on the Taunton (water) system and not require a booster pump to fill the tank,” he said. “This option would provide adequate and stable system pressure and satisfy necessary water flow.”

This article originally appeared on The Taunton Daily Gazette: Dighton residents opposes Forest Hills Estate subdivision