MINUTES For March 3, 2005
Present: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Anne Avelino
William Smith
Mary Ellen Rochette
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Informal discussion regarding Route 44 Subaru/Nissan site visit and revised plan.
Erika stated that she had spoken with Rick Mastria regarding his requirements. Mr. Mastria submitted a revised plan with site improvements proposed in the 25-foot no touch zone. Jim stressed that he wants to protect the no touch zone. He stated that the site was snow covered and suggested revisiting the site once the snow has melted.
2. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to accept the minutes of the February 17, 2005 meeting as written.
3. Discussion regarding new regulation, form, and permit requirements for the DEP and the Army Corp of Engineers. Jim Ross stated that March 1st new regulations would be in effect and that the changes would allow an expedited permitting process for areas that were further than 50’ away from the wetland. Erika distributed a packet of information on the new regulations. She explained that the changes were not official and might be modified. Erika stated that the forms have been changed to incorporate the preface regulations and that the fees have also been modified accordingly for both the ANRAD and the NOI.
4. Official announcement of the dedication of the Whowell Family Conservation Area.
Erika announced that the dedication of the Whowell property is scheduled for March 9th at noon. There was a discussion on possible location and naming of trails, fundraising and installing a kiosk after the formal dedication perhaps in June. Jim Ross suggested that Bob Davis would be a good contact if this were an Eagle Scout project.
5. Erika stated that second letters for violations have been sent to 150 South Street East, for vegetation cutting and clearing.
7:30 P.M. PUBLIC HEARING AND PUBLIC BUSINESS
1. New Public Hearing for a Request for Determination for vegetation control of a right of way of applicability for Off Middleboro Ave. (Conrail), Assessor’s Map 18, Parcel multiple; the applicant is CSX. Erika explained that this hearing was for renewing a continuing yearly operational plan for vegetative management. Conrail is familiar with the area and knows the locations of the endangered species etc. Mary Ellen motion, Bill seconded, unanimous vote by the Commission to issue a Negative Determination of Applicability per the plan for work in the 100-foot Buffer Zone not requiring the filing of a Notice of Intent.
2. New Public Hearing for a Notice of Intent for the proposed construction of a single family dwelling and barn with driveway and associated utilities within the 100 foot buffer zone to a Bordering Vegetated Wetland; the site is located at Broadway, Assessors’ Map 3, Parcel 92B1; the applicant is Tony DeSousa. Mr. Paul Patnaude represented the applicant. He proposed installing an 18-foot driveway, which would follow the contour of the land and taper down to 12 feet wide when it came to the wetlands. There is a 3:1 slope near the wetland. Mr. Patnaude explained that due to the high water table, there would be a substantial amount of grading done around the house. Jim Ross and Erika visited the site on Sunday, February 27, 2005. The wetland line was clearly marked but because of the snow cover
Chairman Ross said that he wanted to revisit the site once the snow cover had melted and both the driveway and centerline were staked.
Bill said he was concerned in the area near the wetland line because of the huge amount of fill that will be hauled in. It was suggested that the timing and erosion control areas that go into the neighbors be attended to by planting some quick growing rye grass. Mr. Patnaude agreed to pull the lines down a bit. Erika stated that with conditions such as these when you are so close to the wetland, a cross-section of the area is usually done for the proposed driveway. Bill said he wants to see where Flags 37 & 38 area located, wants the hay bale line in the 12 foot section and also have the hay bales staked 20 feet on each side.
Abutter Paul George, 96 Elm Street East said that he was concerned that a lot of the trees would be cut down and that water would start running into his property. He said he was hoping to see a natural buffer zone. Tony DeSousa, owner of the property stated that he also wants privacy and would be planting species in that area. Bill advised that because the area is naturally low, you would have to watch what types of plantings were put there.
Erika stated that her main concern was the driveway in the front. Mark stated that he didn’t think any work could be done without destroying the whole area. He suggested a replication area because the site is on the wetland line and in the no touch zone. Mr. Patnaude said he really tried to keep out of the wetland. He said he was concerned about installing a wall because more area would have to be excavated. Mark suggested installing a segmented retaining wall that prevent future erosion and increase stability and would also be very attractive.
Mr. DeSousa asked if he could clear up a lot of the briars. Bill told him that he could not clear any of the briars that are actually in the wetland area. He recommended staying outside of the buffer zone, moving the hay bale line and making it the limit of work thereby clearly defining the line. Mr. DeSousa said that he would come back with a revised plan. Erika explained to Mr. DeSousa that with the new regulations, he would have to have the plan into the office by March 10th if he wanted to meet on March 17th. Bill explained that when you put fill that close to the hay bale line, it tends to roll and because it is a naturally low spot, species vegetation should be carefully chosen. Jim said that if there is going to be some modest fill, they like to see some sort of replication that exceeds the amount of
fill. This hearing was continued to April 7, 2005 at the applicant’s request.
3. Continued Public Hearing for a 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 17, 2005 at the applicant’s request.
4. New Public hearing for an Abbreviated Notice of Resource Delineation for 1085 Broadway, Map 4, Lot 143, the applicant is STF Enterprises. The hearing was continued to April 7, 2005 at the applicant’s request.
5. New Public Hearing for an Abbreviated Notice of Resource Delineation for 272 Mill Street, Map 8, Lot 225, the applicant is Alice Gonsalves. This hearing was continued to April 7, 2005 at the applicant’s request.
6. 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 April 21, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS (continued)
Erika advised that there are four site visits that need to be scheduled. After a brief discussion, site visits were scheduled for March 13th at 1 o’clock. Erika will notify everyone by email if the visits are cancelled due to inclement weather or continued show cover.
Erika explained that Commissioner Bill Smith and Commissioner Anne Avelino would be attending the MACC Conference with her on Saturday, March 5, 2005.
Erika briefly discussed the budget.
Jim Ross and Erika went to the site at 386 Elm Street East. She advised that there is a culvert in question as well as an area that needs to be determined whether or not it is a wetland resource. Erika advised that the builder has been very cooperative during this process.
Erika discussed the details of the Whowell property dedication.
Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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