FEBRUARY 17,2005 MINUTES CONSERVATION COMMISSION
Present: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Anne Avelino
Absent: William Smith
Mary Ellen Rochette
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 Rick Mastria regarding Route 44 Subaru/Nissan.
Mr. Mastria explained that he wants to adjust the approved building footprint to incorporate the Nissan dealership. He explained that originally he didn’t know what franchise was going to be built, so they planned a building footprint that they was subject to modification. Mr. Mastria has received a P&S with Nissan of Berkley who will be moving their facility to Raynham and they have very specific building requirements. He presented a revised plan for the Commission’s review. He stated that the project had originally been approved for 22,000 s.f. Mr. Mastria asked for the Commission’s comments regarding the new building because the 25-foot No Touch Zone could not be maintained because of parking requirements and traffic lanes. Erika stated that a determination would have
to made as to whether the change was a minor change, or whether it should be treated as a major change which would require a public hearing or a new NOI. She stated that the mid-point would be to treat it as a major change that would require a public hearing, a modification to the Order of Conditions, an approved modified plan, and public notification.
Jim stressed that the Commission has been trying to be consistent in maintaining the 25-foot No Touch Zone. There was a discussion on various alternatives including replication, creating a berm, or planting in-kind species to allow for mitigation. He recommended to the Commissioners that a site visit be made in order to ascertain what plants are present in the wetland area and the buffer zone. There was a brief discussion on possible building configurations. Mr. Mastria said his concern was that the car carriers and delivery vehicles would have enough room to maneuver the swing. Mark asked that stakes be added to the outer corners for the site visit. Chairman Ross suggested that the hearing be continued so that the Commission can conduct a site visit.
2. Mark motioned, Anne seconded, unanimous vote by the Commission to accept the minutes of the February 3, 2005 meeting.
3. Erika advised that at the November 10th town meeting, the Town accepted 10.56 acres for conservation (to be called the Whowell Property) from Denise Tavares.
When the land was donated, it was stipulated that a dedication ceremony be done in honor of her late father. She has since found out that here brother has been diagnosed with lung cancer so she wants to move quickly with the ceremony in order that he may attend the ceremony. Erika is working on the details and will advise the Commission once the plans have been finalized. There will be newspaper coverage. A tentative date for the ceremony is scheduled at the site for March 8th at noon.
4. Stewardship Plan, Map 6, Lot 22.
Erika is exploring the idea of creating a forest stewardship plan for lands 25 acres or more that are owned by the Town adjacent to the middle school but not dedicated as conservation land. Funds for forest stewardship plans and related management come out of the EOEA. Erika is researching all aspects and will eventually need approval from the Board of Selectmen. Jim said it looked like a good plan and that this is the type of work we want to work on. Jim stated that the Open Space and Recreation and Master Plans made reference to protecting the Hewitt and Gushee Pond areas. It was agreed that this would be beneficial to the students at the middle school if they could get involved with the project.
5. 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 hearing was continued to March 17, 2005 at the applicant’s request.
6. Erika distributed information on Buffer Zones and an Article on the Aquaria Water LLC Pipeline. She also distributed the budget packet for the Commission’s review. Erika said she will be invited to meet with the Finance Committee to discuss the budget.
Jim asked Erika if she had researched the information about the pipeline that he had requested at the last meeting. Erika stated that she has found information and has contacted Moises Pariente, Aquaria Water LLC who will be making an appointment to discuss those items with her. She advised Jim that the stream in question was referred to as a perennial stream and that she forwarded the information to Moises.
7:30 P.M. PUBLIC HEARING AND PUBLIC BUSINESS
1. 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(s) 45, 46C, 46D (Raynham), Lot 8B (Taunton); the applicant is Jean & Jeff Li and Thomas & Suzette Tanguay.
Mr. Tanguay an applicant for the project was there to represent all of the applicants. He stated that the Board of Health has approved the plan and all changes requested by ConCom have been made. Erika stated that she does not know whether or not there were any additional pages from the Board of Health that should be included in the package but would verify that with them on Friday. Two changes were made to the Standard Conditions: #1 and 37 change date from 2/15/05 to 1/7/05. A brief discussion followed. Mark motioned, Anne seconded, unanimous vote by the Commission to approve plan dated January 7, 2005 with Board of health revisions approved February 15, 2005. Standard Conditions that apply: #1-25, 28-37. Standard Conditions that do not apply: #26, 27.
2. 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.
John Delano and Mark Karsner appeared before the Commission. Mr. Delano presented a copy of the replication plan and summary “Outer Riparian Zone Replication Plan for a Recently Disturbed Area”. Mr. Delano proposed a number of plants for their habitat food and cover value. He tried to maintain a 10-foot buffer from the existing edge of the woods and would plant sugar maples, white pine and black cherry. In between them, he proposes to plant some shrubs 10 ft. on center. Towards the house he proposes junipers and dogwood and wildflower mix. The Chairman commented that it was a very good and attractive scheme. Mark motioned, Anne seconded, unanimous vote by the Commission to approve plan dated September 16, 2004 with replication plan and summary dated February 15, 2005.
Standard Conditions that apply: #1-17, 19-22, 24-36. Standard Conditions that do not apply: #18, 23. The following changes were made to the Standard Conditions: #22 delete a three-cut growth has been achieved; #37 will read that land and the accepted the outer riparian plan for a recently disturbed area and narrated by John Delano and Associates Replication February 15, 2005 will be followed; #38 a minimum of 75% coverage and viable growth of recommended plantings such as sugar maples, black cherry, white pine etc.
3. New Public Hearing for an Abbreviated Notice of Resource Delineation for 1084 Broadway, Map 4, Lot 143, the applicant is STF Enterprises.
This hearing was continued to March 3, 2005 at the applicant’s request.
4. 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.
This hearing was continued to March 3, 2005 at the applicant’s request.
5. 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 March 3, 2005 at the applicant’s request.
6. 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 March 17, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS (continued)
The Commission scheduled four (4) site visits for Sunday, February 27th at 2 o’clock. 386 Elm Street East, 272 Mill Street, 1084 Broadway, Route 44 Subaru/Nissan. Erika will schedule site visits for NOI Broadway and CSX Right of Way. She will notify the applicants and send an email confirmation to the Commissioners.
Commissioners Anne Avelino and Bill Smith along with Conservation Agent Erika Ueberbacher will be attending the MACC Conference on Saturday, March 5, 2005.
On March 19th Erika will be attending an all-day Mass Land Conservation Conference.
Chairman Ross advised the Commissioners that he had spoken with Randy Buckner about Erika’s probationary period. He wanted to let everyone know that he has received very positive comments about Erika’s performance and how well she has been doing in helping the Commissioner’s streamline the Commission’s process.
Chairman Ross asked Erika to follow-up on DEP training classes because of the new regulation changes being proposed. He wants to assure that that Commission stays up-to-date with the changes.
Erika briefly discussed updates on old business including follow-up letters to potential violators, the progress in creating a Highway Department RDA/NOI, new violations and the Wal-Mart site plan review scheduled for Friday morning with Rich McCarthy.
The Chairman suggested to Erika that she set up some type of filing system to track in-progress projects. He wanted to make sure nothing is missed on projects that are long-term.
Mark motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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