 |
MINUTES OF DECEMBER 16, 2004
Present: Jim Ross, Chairman
Mary Ellen Rochette
Ann Avelino
Mark Peterson, Vice-Chairman
William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
The Chairman called the meeting to order 7:00 p.m.
A motion was made by Bill, seconded by Anne, to accept the minutes of the November 18, 2004 meeting as written. Mark and Mary Ellen abstained.
A motion was made by Bill, seconded by Mary Ellen, unanimous vote by the Commission to accept the minutes of the December 2, 2004 as written.
Jim announced that Informal Discussions #6 and #7 and Public Hearings #6 & 7 were continued.
Informal discussion with Moises Pariente of Aquaria Water, LLC, 1115 West Chestnut Street, Brockton, MA regarding a pipeline to Brockton. Mr. Pariente appeared before the Commission to present an update on the project. Mr. Pariente stated that he had spoken to Raynham Highway Superintendent, Roger Stolte who had concerns about the traffic and recommended moving the pipeline away from Route 138 and into the railroad right-of-way. He presented a map for the Commission’s review. Mr. Pariente advised the Commission that the MBTA has given him preliminary approval to use the railroad bed in that
areathe railroad right of way. and that hisMr. Pariente’s main purpose of this meeting was to get the Commission’s feedback and approval on the change since a large amount of wetlands and habitat areas would be affected.
A copy of the plan was distributed for review. Jim said that he had a lot of environmental concerns about this change and an intermittent stream that might be located there. He said that he could not recall how wide the right-of-way was. Mr. Pariente said he would obtain that information for the Commission. Mr. Pariente advised the Commission that if the pipeline were closer than 20 feet to the railroad bed, it would have to be encased. He also asked the Commission not to vote at this time, as a filing would be forthcoming for the project. Bill said the area they are talking about is
known to him and suggested that look for another alternative to the proposed relocation. Mr. Pariente said that he wanted to make the Commission aware of the consequences of moving the pipeline. Jim advised Mr. Pariente that the Commission would have to do some more research on what had taken place in the past and asked Erika to work closely with them. Bill said he would not vote on thisto approve the proposed change as presented to the Commission. Jim encouraged the Commissioners not to issue future votes at this time.
2. Informal discussion for a Certificate of Compliance for the Raynham Highway Department, Rachel Drive, Raynham, MA, DEP #269-527. Erika advised the Commission that a request for a Certificate of Compliance was received from the Raynham Highway Department for Rachel Drive and Warren Street West. Commissioners Mark Peterson, Anne Avelino, Chairman Jim Ross and herself conducted a site visit on December 11, 2004, and it was the consensus that all of the banks for the culvert were stabilized and that the culvert crossing looked okwas stabilized. She stated that there was no outstanding issues and recommended issuing a complete Certificate of Compliance. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a complete Certificate of Compliance.
3. Informal discussion with Vincent Hale regarding a modification to approved plan to increase the foundation by 9 feet, for Map 3, Lot 432, DEP # 269-701. Mr. Hale presented a modified plan to increase the foundation by 9 feet and wanted to know if the Commission could approve the plan without an amendment. Jim stated that the full foundation was being pulled back and is not larger than it was. He considered it a minor modification and an improvement. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated December 13, 2004 as a minor modification.
4. Informal discussion for a Certificate of Compliance for David Richardson, 35 May Ave., Raynham, MA, Map 8, Lot 81 & 81A. Request was received for a Certificate of Compliance for 35 May Avenue. Erika conducted a site visit on December 6, 2004 and recommended issuing a complete Certificate of Compliance. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a complete Certificate of Compliance.
6. Continued informal discussion with Tom Pozerski of Hayward Boynton & Williams regarding work done by T & M Realty Trust that involved the installation of a culvert under the MBTA rail bed, along with other associated work, in an area located northwest of the intersection of Britton Street and King Philip Street and approximately 500-feet north of the old stone railroad bridge that crosses over King Philip Street between Broadway (Route 138) and Prospect Hill Street. This informal discussion was continued to January 6, 2005 at the applicant’s request.
7. Sunflower Drive 15-33, DEP File #269-532 for a Certificate of Compliance – Can Four. This informal discussion was continued to April 7, 2005 at the applicant’s request.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
1. Continued Public Hearing for an Abbreviated Notice of Area Resource Delineation for 20 Warren Street West, Assessors’ Map 14, Plot 110; the applicant is David Butler. Mr. Marc Tisdale, Hayward Boynton and Williams, represented the applicant. He stated that the Commission had approved most of the wetland line except for a portion that came across the front of the property. Marc Tisdale, Dr. Walter Hewitson, Erika and Anne conducted a site visit and confirmed the resource areas. Erika recommended the lines that are shown on the plan as hydric soil flagging be re-labeled as the limit of the bordering land subject to flooding. She stated that Dr. Walter Hewitson suggested labeling the limit of the actual visual visible flooding as bordering land subject to flooding the day of the site visit. Erika stated that a decision has to be made if the area is bordering land subject to flooding or Bordering Vegetated Wetlands. She said that she is definitely in agreement with Marc that
it is bordering land subject to flooding.
Erika said that while she was in agreement with Dr. Hewitson she did not agree with his end pointthat the land was bordering land subject to flooding, she was not in agreement that the visible flooding as seen in the field should be the limit of the flooding as hydric soil was present past the edge of the visible flooding. Erika suggested that the presence of hydric soil indicated that the area up to the hydric soil line had been flooded over time. Erika indicated that the line would be accurate and
not subjective, if the hydric soil flags were labeled as the limit of the bordering land subject to flooding Erika did not think there would be a problem with the NOI, and won’t affect the project, but that it would be a more accurate line for an ANRAD. She also was concerned about the amount of water and thought suggested using soil markers. Jim agreed since it was the most accurate and long-time way to do itdetermine the end of the area subject to flooding. Erika said the Commission would have to verify as accurate the BVW, the intermittent stream and the BLSTF that were designated on the plan. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve revised plan dated December 16, 2004 showing the BVW, intermittent stream and bordering line subject to flooding where the hydric soil line is indicated by the flags. Bill abstained.
2. Continued Public Hearing for an Abbreviated Notice of Bordering Vegetated Wetlands for #84 Forge River Parkway, Assessors’ Map 14, Lot 242-6; the applicant is Two T’s Realty Trust. Peter Wolski, Field Engineering, represented the applicant. Mr. Wolski explained that this lot located on Forge River Park is a mixed-use subdivision with BVW in the rear. He explained that he had an Order of Conditions that was never acted on and that the line was incomplete. Jim said on December 11, 2004 a site visit was conducted and much of the line was very straightforward and agreed upon. There was a section the Commissioners did not agree with and thought the flags should be moved out. After a discussion, it was suggested to have Dr. Hewitson return to the site to discuss the Commission’s
concerns. The area of concern is proposed as a replication area and needs to be clarified, as it could become compensatory flood storage. Jim said there was a lot of standing water. Jim said the BVW was flagged, but there was a question whether that area was actually an intermittent stream. Erika suggested keep this hearing open. Mr. Wolski will make arrangements with Dr. Hewitson to visit the site and will notify the Commission the date and time so they can make arrangements to meet him there. The Commission agreed to continue this hearing to January 6, 2005.
3. Public meeting for a Request for Determination of Applicability for the proposed work at 6 Mohawk Road, Assessors’ Map 4 & 7, Plot 116, Lot #65; the applicant is Alex Molle. Erika conducted a site visit on December 6, 2004. She said it was a good plan and did not have any problems with it as long as there were erosion control measures. She recommended adding conditions to the RDA. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to issue a Negative Determination of Applicability for work in the Buffer Zone not requiring the filing of a NOI for plan dated November 24, 2004 to include Request for Determination of Applicability Standard Conditions #1-8.
4. Public Hearing for a filing of a Notice of Intent for the proposed construction of a single family house and associated utilities within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Brook Street, Assessors’ Map 16, Parcel 7-09, Subdivision Lot #9; the applicant is William Griffith, Creative Homes. Chris Saunders, Yarworth Engineering, represented the applicant. He is proposing to build a 4-bedroom single-family house. Portions of the house, the leaching field, the driveway and the yard fall within the 100-foot Buffer Zone of the Bordering Vegetated Wetlands. The 25-foot no touch zone has been maintained. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to approve
revised plan dated November 11, 2004. Standard Conditions:
#1-13, 15-23, 25, 26, 29-39, 41. The retaining wall shall be segmented.
5. Public Hearing for the filing of a Notice of Intent for the proposed installation of a 16’ x 32’ in-ground swimming pool within an existing 5-foot chain link fence with cement work surrounding pool within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 19 Mohawk Road, Assessors’ Map 8, Plot 116, Lot #63; the applicant is Kimberly Crisfulla. Mrs. Crisfulla appeared before the Commission. She presented a plan indicating a change in the size of the pool and asked for the Commission’s comments. The Commission agreed that the change was minor and approved the plan as long as the size of the pool did not exceed 18’ x 36’. Erika explained that Mrs. Crisfulla had added a silt fence and was maintaining the 25-foot no touch zone.
She also recommended the following Standard Conditions. #1-12, 14-17, 19-22, 24-34. Mary Ellen motioned, Anne seconded, and unanimous vote by the Commission to accept the revised plan for an 18’ x 36’ pool dated December 16, 2004.
6. Continued Public Hearing for a Notice of Intent for the proposed construction of 8,055 l.f. of roadway with utilities (municipal sewerage), drainage and associated site grading within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. In addition, 4,690 s.f. wetland filling is proposed with over 10,000 s.f. of wetland replication; the site is located at Off at South Street East, Assessors’ Map 17, Lots 130-18, 127-B, 138-1, 143-1 and 143-2; the applicant is Paul Bumila, Twin Towers Realty. This hearing was continued to January 6, 2005 at the applicant’s request.
7. Continued Public Hearing for the filing of an After the Fact Notice of Intent for some cutting and clearing done within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 46 River Street, Assessors’ Map 18, Plot 23A; the applicant is Mark & Colleen Karsner. This hearing was continued to January 20, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS SESSION (Continued)
Erika suggested that the Commissioners conduct a visit to the Riverview Apartments. She indicated that there has been a substantial amount of clearing and that the area being worked had not previously been approved since the Order of Conditions had been withdrawn. Erika discussed the plan. A site visit was scheduled for 1:00 p.m. on Sunday.
A request was received for a Certificate of Compliance for Lowe’s. The Commission agreed to have Erika handle this request and to contact them if she found any major issues on her visit
Erika advised that she has reviewed all of the Standard Conditions. She stated that many of the conditions were redundant so she has revised them. She said she made several adjustments such as adding the 3-cut rule, installation of silt fence to the pool conditions, and adding engineered plans as a requirement. Jim said that the Commission wants to streamline things as much as possible and requested the Commissioners to accept the changes. There was a unanimous vote by the Commission to accept the changes as written.
Chairman Ross stressed to the Commissioners that when a potential violation was brought to the Commission’s attention, he wanted to make sure that these complaints were handled at the lowest possible level to resolvewere addressed through the Office first, by having the potential violators meet with the Agent to discuss the potential violations. Jim stated that he wanted to make sure that the residents feel comfortable when they have to deal with the Commission.
Bill motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:00 p.m.
Respectfully submitted
Donna Guay,
Recording Secretary
| |
