MINUTES for April 7, 2005
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Mary Ellen Rochette
Anne Avelino
William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Informal discussion with Mastria regarding Rte. 44 Subaru. Commissioners Anne Avelino and Bill Smith recused themselves from this discussion. Steve Gordon from Kirker-Perry Company represented the applicant. Mr. Gordon stated that he was told not to continue with work in the area approximately six months ago until the Commission performed a site visit because there were concerns from an abutter about tree removal during installation of the sewer line. Mr. Gordon was here tonight to discuss the Commission’s findings and to request a site visit with the new agent. Mr. Gordon stated that he was concerned because the dealership is scheduled to open on June 1st.
Erika said she had visited the site with Chairman Ross because the Subaru parking area extended into the 25-foot Buffer Zone. However, they had not visited the area in question during that site visit. Mr. Gordon explained that when the area was being worked, the machine had slid down the hill. In order to get the machine out, some trees had to be cut down. He said the area had been repaired and the haybales were in place. Erika advised that Mr. Gordon wanted to know if he is to prepare a plan to fix the problem or is it considered already fixed. He also said that if there were any concerns about low areas or areas that need stabilization, he would re-grade them. Jim stated that this sewer line installation project had happened during the transition time of the Commission and thought maybe something that slipped
through the cracks. Jim asked Erika to visit the site and make sure everything was done according to the plans. Erika said she would visit the site and would contact Mr. Gordon on Friday.
Mr. Gordon said he would like to go in and finish the installation of the sewer line. Jim stated that he saw a topographical map which showed a small pond. Jim thought there was going to be more research done because the GIS town site clearly shows a lower spot that the abutter had said was always a pond. Mr. Gordon said when the easement was filed, the area was flagged and the line was accepted. Work had already been completed for clearing the area and the remaining work is the installation of the sewer line and the final work is the restoration of the disturbed areas. The discussion then turned to the parking expansion of the Subaru dealership. Jim stated that the footprint changes were made because of the requirements of the Subaru dealership. Mr. Gordon he wanted to keep the set back from the road
the same as the other dealerships because it was esthetically pleasing. Jim Ross said he and Erika had gone to the site on March 3, 2005 and that all of the lines were still up and nicely staked out. He stated that portions of the 25-foot No touch Zone would be infringed upon if this project was allowed to go through and that he needed more thought. Chairman Ross told Mr. Gordon that he was asking to go into an area that the Commission is trying to protect. He advised Mr. Gordon that he could appeal to the DEP but that he would like us to come to some arrangement. He stated that 2 ft. is not enough of a buffer. Jim discussed the possibility of filling in an area and then recreating the buffer on the other side of the property closer to Hill Street. He explained that if he filled 300 sq. ft., he could then create a 500-600 sq. ft. replication area. Chairman Ross explained that the Commission wants to protect the neighbors because
of an accumulative effect of wetland filling that has caused extensive runoff in the area. He suggested creating a modest filling in order to stop any potential of runoff or siltation down into the wetlands and a corresponding replication. He said it would be more work overall, but would be more advantageous in the long run. At Mr. Mastria’s request, Erika will speak with his engineer to convey what is needed.
2. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to accept the minutes of March 3, 2005.
3. COC for Philip Martin, Map 17, Lot 60 Carleton Street. Erika explained that since no work had been done, she recommended issuing a full COC in order to close out the project. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to approve COC.
4. COC for Tim Downing, Map 8, Lot 4, 460 Center Street. Erika discussed possible legal issues and recommended issuing a partial COC because she felt the grass growth was insufficient. Bill suggested that the yard should be fertilized and then have the applicant return in a month. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to continue this hearing in a month.
5. Discussion re: Invasive Plants. Erika distributed an Invasive Species List for 2005. With landscaping season coming, this information would be valuable to the residents and town departments. She stated that she had spoken with the Taunton Daily Gazette and they may write an article and include pictures of the species. She hoped that people planning to landscape will come into the office to pick up the list.
6. Discussion re: 25 Foot No Touch Buffer. Erika distributed copies of the 25-Foot No Touch Vegetative Buffer Policy which she had prepared. The Commissioners agreed to review the policy and will discuss at the May 5th meeting.
7. Discussion re: Biodiversity Days. Chairman Ross advised that the state is re-introducing Biodiversity Days during the week of June 4th through the 12th. He advised that on June 4th, 8 a.m. to 12 noon at Johnson Pond, volunteers will be listing all of the different types of species in that area. He encouraged everyone to attend. This event will be advertised in the newspapers.
Jim impressed to the reporters present that if the Wal-Mart project is passed, the Commission will do everything they can to make sure that the Wetlands Act is not compromised. He encouraged Raynham citizens to attend the Wal-Mart public hearings when ConCom schedules them.
8. Discussion re: Recordable Documents. Erika stated that homeowners have had difficulties with filings because documents have never been recorded. She suggested sending recordable documents to the applicant’s representative or engineer instead of the applicant. She also recommended preparing two originals. The board agreed to discuss this process at a future ConCom meeting.
Erika informed the board that the Finance Committee had approved the ConCom budget as submitted.
Jim discussed a newspaper article titled “Floods in city were waiting to happen”. He
commended the newspaper for realizing the role of the Conservation Commissions in the communities.
9. 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 May 5, 2005 at the applicant’s request.
10. Erika stated that Roger Stolte has asked for the Commission’s approval to have the Town Consultant, John Schmidt, from Judith Nitsch Engineering to perform some review work for the Highway Department. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to allow the Highway Department to use the Town’s Consultant and that should the Commission desire a review of Mr. Schmidt’s work that they would be afforded the opportunity to have it reviewed by another consultant.
Erika advised that she has been reviewing information received from Moises Parente regarding the MBTA project. She asked the board if they wanted copies of the full binder or just the pages that she is tagging. The Chairman told Erika that the tagged pages would be sufficient.
Chairman Ross advised that on Monday there will be an informal meeting on the Community Preservation Act. Erika will prepare a fact sheet that will be available for the residents to take.
Erika advised that John Schmid, Roger and herself are working on blanket NOI’s. She asked if any of the Commissioners would be interested in coming to the meeting to discuss past problems. Jim Ross suggested that Erika set up the meeting and he will try to attend.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
1. Continued 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. Mr. Paul Patnaude stated that he had addressed a number of concerns that were raised by the Commission. Mr. Patnaude proposed installing an interlocking segmented wall to help in stabilization and has moved the house back because of the neighbor’s concern. The haybales have been moved to the edge of the wetland line and would also be the limit of work area. Mr. Patnaude advised that no excavation was expected, but if needed, would be only
minor in nature. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to approve plan dated March 23, 2005.
2. New Public hearing for an Abbreviated Notice of Resource Delineation for 1084 Broadway, Map 4, Lot 143, the applicant is STF Enterprises. Erika and Anne visited the site and did not agree with the wetland line. She suggested hiring a consultant. Erika also discussed the possibility of having the consultant prepare a “not to exceed” budget so that the applicant would know the exact cost. She will speak with Jeff Bridge about working up a budget price for the Commission’s review. Erika recommended continuing this hearing to May 19, 2005. Mary Ellen motioned, Bill seconded, unanimous by the Commission to use a consultant on this project.
3. New Public Hearing for an Abbreviated Notice of Resource Delineation for 272 Mill Street, Map 8, Lot 225, the applicant is Alice Gonsalves. Mike Byron, Hayward, Boynton and Williams, Taunton, represented the applicant. Jim Ross stated that he had visited the site on April 3, 2005 and said the area was very wet. Jim said the line was very accurate and that the edge of bank was flagged well. He recommended connecting Flags 54 & 59 and Flags 77 & 81. He also suggested moving Flag 116 out approximately 15 ft. He stated that the line with the adjustments would be ok. Jim stated that it might be worthwhile to look at the depression near Flag 126. This hearing was continued to April 21st at the applicant’s request. Jim suggested to Mr. Gordon that depending on the
species there, he might want to extend the wetland line. Jim recommended approving the bank as flagged and the wetland line as adjusted in the minor areas. Erika will schedule this hearing in the first part of the next meeting.
4. Public Hearing for a filing of a Notice of Intent for the proposed construction of a Wal-Mart Store with associated parking area, access driveway, utilities, drainage systems, retaining walls and grading within the 100 foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 160 Broadway, Assessors’ Map 7, Lot 13; the applicant is Bohler Engineering, Inc. Rob Bechman, Matt Smith, Bohler Engineering, represented Wal-Mart. Mr. Bechman explained the location of the Wal-Mart. Erika explained that this project was in the works before she started and this was the first time formally seeing the plans. Mr. Bechman described the location of the proposed Wal-Mart. He explained that he has been before many town boards, water district and will be back to the Zoning Board on the 27th and the Planning Board on the 14th. Mr. Matt Smith, Bohler Engineering, Southborough, explained that the area is a 25-1/2 acre parcel. Building size is 208,000 s.f. which is on the site
of the old Spartans Restaurant and the Day Night golf course and driving range. The abutters to this property are Lopes Construction to the west and Market Basket to the north. Pine Swamp Brook is located south of the site. There is a large wetland complex adjacent to it that borders the southerly property line and then there is a man-made pond on the site as well. He explained that there is about an acre of Riverfront Area on site but is not proposing any work except less than 1000 s.f. to put in drainage. Mr. Smith stated that Wal-Mart discount store would be established first, then expand to include a grocery component. He discussed the site conditions for lower event storms. He also explained that Wal-Mart has agreed in principal with some land swaps with the district which would be solely to meet zoning open-space requirements. Mr. Smith explained that one of the changes is that all of the improvements have been moved outside of
400 ft. from that well and they have added a second semi-circle buffer. Mr. Smith stated that there will be 1,006 parking spaces which may go up to 1073. The driveway has been modified by putting a little bend in it. Parking spaces have been changed to 9’ wide instead of 9-1/2’ wide which is a loss of 20 spaces, but increased total spaces to 1073 on site. Mr. Smith stated that open space is still 35% in both instances. He stated that they have applied for a special permit for the reduction in parking required by the town and if it isn’t granted, they will downsize the building.
Mr. Smith explained the drainage system and the removal of one of the above ground ponds. He stated that because the site is so flat, they need to infiltrate on-site stormwater. The drainage system will include four above ground ponds. He explained that there are two underground infiltration systems near the large pond. He proposed wet ponds with bottoms being 1-1/2’ clay lined, side walls and will be filled up and infiltrate through the side walls. He stated that from a TSS removal standpoint and from the Stormwater Management Policy that DEP has established, they meet or exceed what is required. Mr. Smith explained that they have come within 25 ft. within the banks of their ponds and that the closest they come in to the wetland is about 10 ft. Mark asked about the man-made pond. He stated that there will be some clearing around the man-made pond and would come within 25 ft. of the banks of the pond. Mr. Smith explained that the treatment system diagram shows how the
water is treated. He stated that the parking lot sweeping will be done on a quarterly basis and that Wal-Mart has hired private contractor to sweep parking lots and pump out catch basins as necessary.
Mr. Smith explained the Vortex Filter System. Mark asked him to explain the maintenance of the system. Mr. Smith will submit a proposed test regime with parameters for the Commission’s review. He explained the weir system he is proposing to install and stated that once it reached a certain elevation, it would spill.
Mr. Smith discussed extending the sewer line so some of the septic systems would be removed from King Philip Street along to the site. A pump station would be installed and there was discussion on the plan to install a water tank. Mark asked about the area in the Riverfront. There is an emergency spillway for the 100-year storm and small bank to the edge of the wet pond. There was a discussion on installing a pump station within the 200 ft. Riverfront Area. Erika said the wet pond is better than a dry basin. Jim asked if the maintenance will be part of the final package. Mary Ellen asked about snow storage. Mr. Smith said snow storage will be located throughout the parking lot.
Snow storage was discussed. Mr. Smith explained that snow storage is proposed within the parking lot in designated areas. They would use calcium chloride or less expensive for de-icing. No salt would be used. Jim asked about checks on the wells. Mr. Smith informed him that they may want to put some control wells so they will know what is coming in. Bill said he would like to see some sort of maintenance schedule and specs. He wants to know what is required for the system and what the manufacturer calls for. Mr. Smith stated that the drainage report that was submitted addressed how they will treat the system.
Mr. Smith said these systems are gaining in popularity. Erika said she will schedule another site visit. Jim asked about the lighting. Mr. Bechman said the lighting is a big concern. He stated that they have dropped the lights from 42 ft. down to 28 ft. Jim asked Erika to check with the other boards to see if there are any questions that are part of our jurisdiction and that they be made available to us. Jim asked Erika to check with the Planning Board and previous minutes to see if there are any questions that would be part of our jurisdiction that would be made available to us as Commissioners.
This hearing was continued to May 5, 2005 at the applicant’s request.
Commissioner Anne Avelino excused herself from the meeting at 8:55 p.m.
Chairman Ross suggested that we adjourn from the public hearings and return to the Administrative session.
5. 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 June 2, 2005 at the applicant’s request.
6. 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 April 21, 2005 at the applicant’s request.
7. 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 with 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 Linwaite, Southern New England Conference Association of Seventh Day Adventist. This hearing was continued to April 21, 2005 at the applicant’s request.
Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:25 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
| 
