Opening of Deep Pond Farm delayed indefinitely this year. Here's what we know.

TAUNTON ― It is uncertain whether Deep Pond Farm will be opening this year.

Deep Pond Farm owner Georges Ghazal told the Taunton Daily Gazette he received notification from the state about multiple Americans with Disabilities Act (ADA) violations on his property. He also has some city code requirements to fulfill.

“We are working so hard to get our permits and licenses … but it seems that we go one step forward and three steps backwards,” said Ghazal in an April 24 post on the Deep Pond Farm Facebook page, which got considerable attention from the farm’s patrons.

Ghazal said in the post that, at present time, he was uncertain when Deep Pond Farm could open up again to the public.

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ADA violations noted

Ghazal received a letter from the state’s Office of Public Safety and Inspections’ Architectural Access Board, dated April 19, 2024, that outlines ADA violations on his property. The four-page letter details 22 issues that need addressing. Ghazal posted copies of the list of ADA violations on the Deep Pond’s Facebook page.

The state’s Office of Public Safety and Inspections’ Architectural Access Board deals with complaints lodged against businesses over failures to abide by state regulations for making everything accessible to the handicapped and disabled.

Some of the reported 22 violations deal with providing accessibility for specific site features, such as the farm’s gift shop, the table/eating area, the tower structure, handicapped accessible restrooms and parking spaces, and the food truck.

Deep Pond Farm has been closed for the season since Dec. 23, 2023. Ghazal didn’t receive the notice of ADA violations from the state until last month. The complaints filed with the state happened last year, though no specific date for the filings were given to Ghazal because they were filed anonymously.

“These have been taken care of since last year,” Ghazal told The Gazette, referring to many of the listed violations.

Who filed the complaints?

The Gazette reached out to the Office of Public Safety and Inspections via voicemail and email, but they could not be reached at time of writing.

Donna DiCorpo, chair for Taunton’s Individuals with Disabilities Commission, said city departments, including her Commission and the Building Department, received copies of the state’s notice, but it was an anonymous member of the public, not the city that was the source of the complaints.

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Why so long to receive these violations?

Ghazal stated the state didn't give him a date for when the complaints were observed or filed. However, based on his subsequent communications with the state, as well as descriptions in the ADA violations report, he deduced at least some would have had to come during December 2023, during the peak of his Christmas events season.

Regarding the length of time it took for the state to notify Deep Pond Farm, DiCorpo theorized, based on her experiences with the Public Safety Office, that a combination of understaffing, as well as a large backlog of complaints from the public, resulted in that delay. She added that anyone from the public can file complaints with the state.

Prior history with these issues

Ghazal told The Gazette last summer he was having issues with various city departments meeting their permitting requirements in his effort to turn his country getaway-type family attraction, Deep Pond Farm at 123 Dolan Circle, East Taunton, into a lucrative events and entertainment venue.

Communications with the mayor’s office around this time indicated problems had to do with turning the once residential property into a commercial zone, which led to new zoning, building code, and accessibility requirements, as well as work being done on the property by Ghazal before any plans were submitted or approvals happened with the city.

Meetings with the Zoning Board and Planning Board during this time were for approving a new site plan that incorporated a parking lot on land adjacent to the farm.

Deep Pond’s efforts to be compliant with ADA regulations came up during the July 2023 Planning Board meeting.  Tensions visibly flared up during the meeting between all communicating parties: the Disabilities Commission, members of the Planning Board, and Ghazal with his legal representation.

The site plan was approved by the Planning Board in July of last year, and the Board voted to allow Deep Pond to operate as long as it continues installing and finalizing its ADA features.

Lines of communication

DiCorpo said the role of the city’s Individuals with Disabilities Commission is to help businesses address ADA compliance in order to mitigate or prevent complaints from being filed with the state.

She said Ghazal should have addressed ADA regulations before he opened Deep Pond Farm to the public.

“We don’t write the regulations. No one gets picked on," she said. "We are unpaid volunteers trying to help businesses.”

DiCorpo encourages individuals with ADA complaints to come to the Commission first so they can approach and work with the businesses, as no one wants to involve the state unless absolutely needed.

She said ADA complaint filings are pretty common.

Outstanding issues with the city

Ghazal said there are outstanding septic system requirements he has to get squared away with the city. This was an issue that was brought up at last year's Planning Board meeting.

Ghazal explained the city won’t renew his temporary occupancy permit, which allows him to open the farm to the public and for events, until he installs permanent restrooms on the property, which requires a septic system.

Last year, he said he was given an extension by the city and used temporary port-a-potties. “They won’t allow what I did last year.”

Ghazal previously stated his plans were to install the septic system last fall when the water table was low, but submitted plans were not approved by the Building Department.

The Gazette reached out to the city’s Building Department, through the Mayor’s Office, but Building Commissioner Robert Pirozzi, the most knowledgeable city official regarding Deep Pond’s standing with the city, could not be reached for comment due to him being away. The Mayor's Office said no other official with the Building Department could speak on this matter at this time.

What's being done?

Ghazal said he’s been in communication with the Architectural Access Board regarding these ADA matters and believes much of it can be squared away by submitting photos and dated invoices of the work that’s been done.

Regarding the septic system, he said he’s in communication with city officials, including members of the City Council regarding how to get the project approved and installed as quick as possible.  “I’m trying to comply with what they want.”

When reached for comment, Mayor Shaunna O'Connell called Deep Pond Farm a "wonderful addition to our community," but said the city cannot waive any legal and/or building code requirements meant to adhere to local ordinances or state law. She added the city has "been flexible, consistent, and collaborative partners" regarding education, providing solutions, and extending time frames to the owners, and "we remain committed to helping Deep Pond Farms run a safe and successful business."

Editor's note: A previous version of this story misstated the timeframe when the owner believes the complaints were filed.

This article originally appeared on The Taunton Daily Gazette: Deep Pond Farm talks ADA, permitting problems keeping it from opening