 |
MINUTES of January 20, 2005
Present: Jim Ross, Chairman
Mary Ellen Rochette
Ann Avelino
Mark Peterson, Vice-Chairman
Absent: William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
The Chairman called the meeting to order 7:00 p.m.
1. Informal discussion with Shawn Cairns, North Main Street for proposed parking lot for Hewitt’s Pond. Shawn Cairns and Frank Ryblin, Ryblin Land Surveyors Engineers, appeared before the Commission. Mr. Ryblin discussed the project and site location. He proposed constructing a single-family dwelling on the site as well as an additional dwelling outside of the Buffer Zone. Mr. Ryblin stated that since Rogers Way was a private way, he would be asking the Planning Board for numerous waivers from sub-division requirements. The road is paved and the only work to be done is to move the gate that is in the front of Mr. Cairns home to a new location. Utilities would have to be run to the house. Mr. Ryblin stated that Town Planner, Rich McCarthy suggested adding possible enhancements to the area at Hewitt’s
Pond. He proposed adding a small parking area for approximately four automobiles, which would include minor grading within the Buffer Zone. No paving would be done, only the installation of gravel or crushed. He asked for the Commission’s comments.
Jim discussed the ADA and the site to work on making this area accessible to all citizens for recreational purposes. He also discussed the location as a site for rare and endangered species and recommended proposing an environmentally sensitive area for parking and the deployment of kayaks and canoes. Jim asked Mr. Ryblin if there was any proposed contouring work within the riverfront area. Mr. Ryblin replied that there was no definitive plans at this time and would try to avoid any work in the Buffer Zone. Jim said this was a doable project and recommended to the Commission to promote access to the pond. Erika will send a letter to the Planning Board with the Commission’s recommendation.
2. Request for a Certificate of Compliance for John McCuthcheon/CASCO Bed Bath and Beyond, Raynham Plaza Associates, LLC, Map 14, Lot 218B, DEP File #269-676. Tom Pozerski represented the applicant. He stated that everything was complete at the site. Erika performed a site inspection on January 4, 2005 and concurred that everything was complete. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to issue a full Certificate of Compliance.
3. Request for a Certificate of Compliance for Packard Development (Lowes), 800 Cape Highway, Rte. 44, Map 15, Lots 137, 148, 148A & 148B, DEP File # 269-621. Bernard Raftery, Rizzo Associates, Framingham, represented the applicant. Mr. Raftery stated that the work had been completed in compliance with the Order of Conditions. Erika visited the site and the only concern she had was that she found some channelized erosion in the area around Applebee’s and the Longhorn and stated that it was more of a stormwater issue at this time. Even though Lowe’s was complete, the Commission agreed that with a project of this size, they would have to consider the project as a whole. Jim stated that the Commission wanted to be consistent in their determination. Erika recommended issuing a
partial Certificate of Compliance. Discussion followed. Mr. Raftery requested that the Commission issue a complete Certificate of Compliance for the proposed work that was covered under the NOI and approved by the Order of Conditions. He assured the Commission that the erosion issues associated with the proposed Applebee’s and Longhorn would be addressed or an enforcement order could be issued. Erika explained that it wasn’t a wetland issue, but a stormwater concern. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to issue a partial Certificate of Compliance with a 3-cut rule. Mr. Raftery did not want to accept a partial certificate so he requested that this hearing be continued to February 3, 2005.
4. Review Minutes from December 16, 2004 were reviewed. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to accept the minutes of the December 16, 2004 as written.
5. Informal discussion with Forge River Park Realty Trust, Map 242, “Old Farm Village”. Mr. Pete Wolski, Field Engineering, Mattapoisett, represented the applicant and asked for the Commission’s comments on his proposal. Mr. Wolski explained that the drainage easement used by Roger Stolte, Raynham Highway Department, to maintain the basin has become undesirable due to the location of fences and playgrounds in the backyards of the homes located there. He presented a proposal for accessing the basin by going around the previous limit of work, which includes approximately 40-sq. ft. of wetland. Mr. Wolski proposed refreshing the flags, adding a small retaining wall or concrete blocks to allow access to the detention basin in a more direct access and installing permanent bounds. Mr.
Wolski requested the Commission to make a site visit. He stated that the town has every right to use the access, but Mr. Stolte had suggested finding another alternative. Mr. Wolski advised that Dr. Walter Hewitson would refresh the flags and see whether the wetland areas are marginal or grown in size. Jim asked if there was anything that should be marked prior to the site visit. Erika suggested that the wetland area and easement be clearly marked for their visit. Mr. Wolski agreed to prep the area for the Commission’s inspection. Mr. Wolski presented a plan showing the other area to the south that was part of the subdivision where the wetland replication was proposed. He explained that the applicant had let the Order of Conditions expire without accomplishing the wetland replication and that they have re-flagged that area. He asked that the Commission also inspect that area and advise what filings would be required to have
it re-established.
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-ft. 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 February 3, 2005 at the applicant’s request.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
1. 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. Erika stated that she had visited the site with Dr. Hewitson, the applicant and his representatives to review the line. She stated that the previously agreed upon line had been expanded and that she agreed and was comfortable with the changes. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission that the boundaries on referenced plan are accurate for bordering vegetative wetland and for other resource areas that would be bordering land subject to flooding.
2. Public Hearing for a Notice of Intent for the proposed construction of a daycare facility with associated parking and utilities on an existing lot; the site is located at 84 Forge River Parkway, Assessors’ Map 14, Lot 242-6; the applicant is Two T’s Realty Trust. Erika explained that both the Conservation Commission and the Planning Dept. had been working very hard on this project and that the biggest concern was with the amount of water on the property and not necessarily the vegetation. She stated that the Planning Board was comfortable with the plan and that the hearing tonight was to introduce the project and ideas and ask for recommendations. Mr. Wolski would like the Commission to approve the project in order to close out the hearing on the 27th. He would then return to in order for the
Commission to issue conditions. Mr. Wolski proposed a 6,300 sq. ft. Child Daycare facility, 2-way driveway, 1-way drop off and pickup area and the alteration and filling in an intermittent stream for the parking area. Engineering included whether or not the detention basin as designed could handle all of the water. Mr. Wolski proposed directing the roof runoff and playground lawn water into a Bioretention area and wetland replication area. Jim asked Mr. Wolski to explain the concept of bioretention.. Mr. Wolski explained the system. He explained that Dr. Walter Hewitson would be preparing a detailed planting scheme and narrative to include red maples, pussy willows, seeding the floor with a wetland seed mix and side slopes with a conservation mix. He also proposed installing a small spillway with crushed stone that would retain water long enough for wetland plants to function. Mark asked if he was going to change the grading in the
rear as that area usually contain water shin deep. Mr. Wolski replied that he wasn’t changing any grading but would be increasing the amount of water directed towards the rear. He proposed a small rear parking area and snow storage area. Erika suggested planting species more tolerant to the conditions. Jim suggesting reviewing calculations for the sizing of the pipe to make sure that the new straight pipe was properly sized. Mr. Wolski agreed to make modifications at the Commission’s request. Mr. Wolski would make those changes and have one comprehensive drain system for John Schmidt to review. Erika said she met with John Schmidt and Rich McCarthy and they were very comfortable with the design and there were only minor modifications they were looking at. Jim asked the audience if there were any abutters present. There were no abutters present. Erika explained that the Planning Board suggested this project be
presented to the Conservation Commission first because it was more or a wetland water issue. Mary Ellen said it was a great plan. Jim asked if there was anything about the plan that the Conservation Commission should be concerned with. Erika replied that she did not want to see the parking lot flood or see the snow stockpiled in the front lot and said that Roger Stolte, the Highway Superintendent had mentioned that he had the same concerns with regards to snow. There was a brief discussion on a salt substitute or special de-icing. Erika agreed with Jim that they have to look at the salt and sand aspect of the project. For the planting area species chosen must be able to tolerate some salt as well as standing water. Jim asked if the Commission would review the planting scheme. Erika assured Jim that the planting details had to be reviewed before the plan could be approved. Mark asked what the ratio of alteration was
vs. restoration. Mr. Wolski stated the ratio was a little over 1 to 1. The Chairman said that the Commission would be looking at 1-1/2 to 1. Jim repeated that the Commission needed drainage calculations and wanted to see more detailed plans on the Bioretention. He also wanted to know how much of the wetland was actually going to be filled and the square footage for the replication areas. This hearing was continued to February 3, 2005 at the applicant’s request. Erika will notify Rich McCarthy, the Town Planner, of the discussion.
3. 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, 137-B, 138-1, 143-1 and 143-2; the applicant is Paul Bumila, Twin Towers Realty. Tom Pozerski represented the applicant. Commissioner Anne Avelino recused herself from the meeting at 8:10 p.m.
Tom Pozerski advised the Commission that he has received all required approvals on the project. He stated that a 28 ft. main thoroughfare would be installed and that retaining walls would be built along both sides of the road to minimize the impact of the wetlands. The project was proposed for 180 units and was approved by the Board of Health for 129 units. He proposed an alteration of less than 5,000 sq. ft. and a replication area of over 10,000 sq. ft. Erosion control measures have been installed and will remain in place until all of the construction is completed and new slopes are stabilized. Tom explained the comprehensive Stormwater Management System. He explained that Dr. Walter Hewitson has been hired to design for the pocketed wetlands and would supervise the plantings of those. His
proposal is to review and approve the entire project to include the lot developments and the recreational area with associated parking. Tom explained that he was asked by the Commission to tighten up the grading, re-arrange the house that he has done so. He stated that there are nine units less than previously presented. The roadway that went through the wetland has been eliminated and the roof run-off will be directed into an underground recharge system. This project is not divided into individual lots and will be considered one lot in perpetuity. Each site has a 30 ft. separation lot line. Jim asked Tom if he has kept the 25 ft. No Touch Zone. Tom stated that he has done that as best he could. Mary Ellen asked what was the closest point to the wetland and where. He replied they were no closer than 30 ft. and indicated the location on the plan. The retaining walls vary. Jim said he doesn’t have any problem with the
plan. They were asked to on BOH permit put a snow fence, erosion control and plant white pine saplings to screen residential property that is next door. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to approve plan dated January 3, 2005 with revisions through January 20, 2005. Standard Conditions that apply: #1-26, 28-30, 32-40. Standard Conditions that do not apply: #27, 31.
4. Public Meeting for a Request for Determination of Applicability for the proposed work at Finch road, “Steeplechase Preserve”, Assessors’ Map 33-2, Subdivision Lot #2; the applicant is QBI Homes. Mr. Jeff Tallman, SITEC Engineering presented a site plan indicating that a portion of the lot fell within the 100-foot buffer zone. He proposed constructing a single-family dwelling and septic system to be located at the front of the house with all proposed structures located outside of the 100-foot buffer zone. He proposed holding the existing limit of work and loaming and seeding the disturbed area within the 100-foot Buffer Zone. The silt fence will be the limit of work. Erika made a site visit on January 4, 2005. She recommended issuing a Negative Determination of Applicability per the
revised plan for work in the 100-foot Buffer Zone not requiring the filing of a Notice of Intent with the conditions that the Conservation Commission must be notified in writing 48 hours prior to construction and that the Conservation Commission has the right to enter and inspect, and that no disturbance of any wetland areas is permitted past the haybales. Any additional erosion control measures found to be necessary would be installed. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a Negative Determination of Applicability.
5. Public Hearing for a Notice of Intent for the proposed work at Bridge Street, Assessors’ Map 3, Lot 421; the applicant is Bridge Street Realty Trust. Mr. Jeff Tallman, SITEC Engineering represented the applicant. He proposed constructing a single-family dwelling, detached garage and driveway within the 100-foot Buffer Zone of bordering vegetative wetland. Mr. Tallman explained that the legal frontage of the lot is on Elm Street but would locate the proposed lawn in a wetland system. He explained that he has gone to the Zoning Board of Appeals and asked for a zoning variance to access the property through the reduced frontage on Bridge St. The required ZBA turnaround circle will be installed near the house for fire department access. Erika made a site visit on January 4, 2005. She stated
that her biggest concern was a lot of trash and debris located on the site. She advised that all of the flags were there and that the 25-foot No Touch Zone has been maintained. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to approve plan dated May 24, 2004. Standard Conditions that apply: 1-13, 15-26, 28-40. Standard Conditions that do not apply: 14, 27; added all existing trash and debris will be removed from the site and disposed of at an appropriate waste disposal facility.
6. Public Meeting for a Request for Determination of Applicability for the proposed work at 445 King Philip Street, Assessors’ Map 7, Lot 130D; the applicant is Devi Vedula. Mr. Rick Russell represented the applicant. Erika explained that an Order of Conditions had been issued for this site and that a partial Certificate of Compliance was issued in 2002. All of the work had been satisfactorily completed with the exception of the landscaping. The siltation devices will remain in place and be maintained in proper functioning order until all disturbed areas have been mulched, seeded and stabilized. She suggested that the applicant re-file for a complete Certificate of Compliance. Mr. Russell proposed extending the existing deck from 10 ft. to 14 ft. and cover with a sunroom. He also
proposed building a new 12 x 14 ft. deck on the side. The existing siltfence will be removed and new hay bales only will be installed. Erika suggested issuing a Negative Determination of Applicability per the revised plan for work in the 100-foot Buffer Zone not requiring the filing of a Notice of Intent with conditions. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission on plan dated December 14, 2004 to issue a Negative Determination of Applicability. Standard Conditions that apply: 1-13, 15-26, 28-40. Standard Conditions that do not apply: 14, 27.
7. Continued Public Hearing for a Notice of Intent for the proposed plan to seed with Conservation Mix and re-establish 5,350 ±/S.F. of the 25’ No Touch Area within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 189 Overlook Drive, Assessors’ Map 3, Lot 460 and 461; the applicant is Steve Parker. Mark Garrett represented the applicant and presented a brief history of the project. Mr. Garrett stated that with the help of the Commission’s Consultant, Mason & Associates, the historical wetland line has been established and it was agreed that Mr. Parker was responsible for 25% of the impact on the site. He then discussed the restoration phase of the project. Mr. Garrett explained the plan presented incorporated a planting scheme to address the habitat needs
of three species and would include woody vegetation in a re-established wetland. He has pulled the grading back to create a wetland area. Mr. Garrett proposed pulling the grades back and creating two pockets of actual wetland areas. He proposed this because he and Jeff Bridge, Mason & Associates thought regrading would have an adverse effect on the roots of a line of mature beech trees in the general area. Both trees and grading would remain as is. He proposed plantings between the trees and seed remaining area with conservation mix. Wildflower or conservation seed mix would be planted near the road. Mr. Garrett explained that the plan had been submitted to the Natural Heritage and Endangered Species Program and they have agreed with it. He proposed isolating these wetlands with hay bales and silt fence until the Certificate of Compliance is issued by the Commission. Jim said that the plan is very solid and recommended to the
Commission to promptly approve the plan as presented with conditions. He informed Mr. Garrett that once the area was stabilized, the haybales were to be removed. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated January 3, 2005. Standard Conditions that apply: 1-12, 14-18, 20-23, 25-26, 29-39, 41-43 Standard Conditions that do not apply: 13, 19, 24, 27, 28, 40.
8. Continued Public Hearing for a Notice of Intent for the proposed construction of 16 condominium units with associated parking areas, walkways, drainage structures, utilities, grading and landscaping within the 100-foot Buffer Zone to Bordering Vegetated Wetlands and within the outer riparian zone to a perennial stream; the site is located at Gatsby Drive, Assessors’ Map 18, Lot (3) 45, 46C, 46D (Raynham), Lot 8B (Taunton); the applicant is Jean & Jeff Li and Thomas & Suzette Tanguay. Erika reminded the Commission that they had requested Outback Engineering to move this project further away from the riverfront. She explained that the hearing tonight was to look at the overall intent of the project, and if the new design was agreed upon, a letter would be sent to the Planning Board for their approval and then
the Commission could issue an Order of Condition. Mr. Pavlik, Outback Engineering, represented the applicant. Mr. Pavlik explained that they have complied with the Commission’s requests. They moved the building and parking area between 30-40 feet away from the river reducing the amount of disturbance from 10,000 ft. down to less than 5,000 ft. They have maintained the 25-ft. No Touch Zone. Erika advised that the next step would be to send a letter to the Planning Board stating that the Commission has approved the design and would issue an Order of Conditions at a subsequent meeting. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to support plan and send letter to the Planning Board. Jim recommended putting this hearing first on the Public Hearings and Public Business agenda so it could be heard promptly at 7:30 p.m. followed by Hearing #2 Two T’s Realty Trust. This hearing was continued to
February 3, 2005 at the applicant’s request.
9. Continued Public Hearing for a Notice of Intent for the proposed construction of a 26 Lot residential subdivision with associated roadways, three detention basins, utilities, grading and a proposed replication area with a portion of the construction taking place within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located off King Street, Assessors’ Map 12, Lots 245, 242-1 through 242-30; the applicant is Russell Grabau, Pembroke Country Club. Tony Esposito, Outback Engineering, represented the applicant. Mr. Esposito explained the changes that had been made. They have reduced the number of lots from 26 to 25 because of Board of Health regulations regarding drainage easement. He explained that all lot lines had to be reconfigured and the drainage easement had been changed. The
detention basin will stay the same. An access easement for the abutting property had to been added because of an 1800 right-of-way deeded access. He explained that the only work scheduled would be some tree clearing and grading so that a truck can access the property. Another change requested by the Planning Board was to provide French drains to prevent breakout of ground water from the newly exposed slope where the cuts into the existing soils were in excess of 2 feet. Mr. Esposito said that the BOH has required him to plant Rhododendrons around the detention basin, and cattails at the bottom of the basins. Mr. Stolte also requested a fence be installed around the detention basin for protection. Mr. Esposito requested the Commission to close the hearing. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated December 30, 2004. Standard Conditions that apply: 1-40. Standard Conditions
that do not apply: 27.
10. Continued Public Hearing for a Notice of Intent for the construction of a proposed 80’ x 80’, 6,400 s.f. work bay and storage area within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 679 South Street West, Assessors’ Map 14, Lots 213 & 214, the applicant is Harry’s Auto Body, Robert Powell. Erika will contact the applicant since no contact has been made. This hearing was continued to February 3, 2005 at the applicant’s request.
11. Continued Public Hearing for a Notice of Intent for the proposed construction of a single family dwelling, sewer and water utilities, erosion control, fence and associated grading within the 100-foot Buffer Zone to bordering vegetated Wetlands; the site is located at Richmond Street/South Main Street, Assessors’ Map 14, Lot 59’ the applicant is Jeff Linthwaite, Southern New England Conference Association of Seventh Day Adventist. This hearing was continued to February 3, 2005 at the applicant’s request.
12. Continued Public Hearing for a Notice of Intent for the proposed construction to expand an existing electrical supply warehouse facility in an existing industrial within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 33 Commercial Street, Assessors’ Map 14, Lots 50-1 and 50-2; the applicant is Brian Munro. This hearing was continued to February 3, 2005 at the applicant’s request.
13. Continued Public Hearing for an Abbreviated Notice of Area Resource Delineation to confirm the boundaries of bordering Vegetative Wetlands for Raynham Woods Commerce Center, Assessors’ Map 15, Lot(s) 176-2B, 3, 3G, 4, 4J, 4L; the applicant is Paramount Development Associates, Inc. This hearing was continued to February 3, 2005 at the applicant’s request.
14. Public Hearing for an Abbreviated Notice of Area Resource Delineation for Broadway, Assessors’ Map 3, Parcel 92B1; the applicant is Tony DeSousa. This hearing was continued to February 3, 2005 at the applicant’s request.
15. STF. This hearing was continued to February 3, 2005 at the applicant’s request.
16. 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 postponed until February 17, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS SESSION (Continued)
Erika discussed a proposed site visit to 1084 Broadway for the review of an ANRAD line. The site visit was rescheduled due to poor field conditions. Jim suggested that a policy be established that no wetland line be reviewed when there is a snow cover that would interfere with the ability to adequately do so. Anne motioned, Mary Ellen seconded, unanimous by the Commission to establish this policy.
Erika will visit the site at Forge River Park and if she determines that enough snowmelt had taken place to view the proposed replication area, she will notify the Commissioners.
Erika recommended making a policy stating that applicants must submit their documents one week prior to scheduled hearing date. Jim suggested that she speak with Randy first to see if that is a common practice of operation in other departments. Erika said she would write up these ideas on policies for the Commission’s review.
Jim asked for an update on enforcement issues before the Commission. Erika gave a brief overview of any outstanding enforcement issues that she was tracking.
Mark motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:45 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
| |