MINUTES for April 21, 2005
PRESENT: Mark Peterson, Vice-Chairman
Anne Avelino
Mary Ellen Rochette
ABSENT: Jim Ross, Chairman
William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. An informal discussion with Dan Gioiosa regarding Steeple Chase Preserve Restoration Plans. Dan Gioiosa, SITEC Engineering, represented the applicant. Mr. Gioiosa explained that a new limit of work line has been set and that the area that was disturbed in the 100-foot Buffer Zone to Bordering Vegetated Wetlands and within the 200-foot riparian zone has been stabilized and will be loamed and seeded. Eastern white pines will be planted in the area between hay bale lines and the area will be loamed and seeded. Mr. Gioiosa stated that a post and rail fence will be installed and with iron pipes will be added to mark the limit of work line. Mr. Tom Armitage of QBI stated that the pipes will be installed so in the future if the fence were to deteriorate, the limit of work line would still be marked for the
property owners of record. Erika advised that the minutes will reflect this and she will send a copy of the minutes to incorporate into the deed. She also asked Mr. Armitage to send a copy of any changes made to the deed once the parcel was sold for the Conservation Commission’s file.
2. Informal discussion with Mastria regarding the sewer line installation. Mr. John Bensley, Beals & Thomas represented the applicant. Mr. Bensley said he wanted to clear up some confusion regarding the sewer line installation. He stated that a 25-foot No Touch area has been maintained for this underground utility. Mr. Bensley stated that he is not necessarily in agreement with ENSR’s letter and was hoping not to debate or dispute ENSR’s letter. He stated that he wants to put in the sewer line that was approved. Erika stated that she was still awaiting DEP’s regulation on cart paths. Erika said she had hoped that Mr. Gordon had received her letter stating that the sewer line could be installed. There was a brief discussion on ENSR’s letter. Mr.
Bensley stated that he would like to move the sewer line over and through the cart path so that the vernal pool presently located there could be protected. He proposed a plan to excavate out the cart path, put in organic soil and provide a hydraulic connection between the two sides of the excavated area and restore the rest of the area. He would install hay bales on both sides.
Mr. Bensley stated that the area where the trees had been previously cut has been stabilized and no further cutting has taken place. Erika said that she had spoken to Mr. Gordon and told him not to stump out the cut trees. Mr. Bensley asked for an amendment approval of the Order of Conditions. Erika suggested that the Commission revisit the site and Commissioner Mark Peterson agreed that a site visit would be appropriate. Mr. Bensley advised that ENSR had put in new wetland flags, the previous flags were still intact and the boring holes are also visible and would be easily seen. Mr. Bensley didn’t agree with ENSR that the BVW crosses the cart path. Erika explained the options available to Mr. Bensley.
Erika also stated that the Schwan’s Home Service hearing should not have been scheduled until this ANRAD was closed. Erika explained that if there weren’t any changes requested by the Planning Board, the Commission could open and close this hearing at the May 5, 2005 meeting. Mr. Bensley requested to amend with a minor modification the Order of Conditions. Erika stated that she would put this hearing first on the agenda in the formal session then continue with the Schwan hearing. Mr. Bensley said he appreciated all of the Commission’s coordination.
3. Mary Ellen motioned and Anne seconded, unanimous vote by the Commission to approve the minutes of the April 7, 2005 meeting as written.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS:
1. Continued public hearing for an Abbreviated Notice of Resource Delineation for 272 Mill Street, Map 8, Lot 225, the applicant is Alice Gonsalves. Mr. Hugh Hurley of Hayward, Boynton and Williams, Taunton, represented the applicant. Mr. Hurley stated that the Commission had concerns with the areas near Flags #116, #77 and #80 and that there was a question of vernal pools. Mr. Hurley stated that in order to be considered a protected area, the capacity of a vernal pool needed to be over 10,000 cu. ft. and that the area questioned was calculated with a 3,200 cu. ft. of storage and he did not believe it qualified as a vernal pool. Erika stated that the changes Chairman Ross suggested had been done and that flags were moved in the field. Erika also stated that after the field visit and some further reflection
that the area in question was not a vernal pool. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve revised plan dated April 12, 2005.
2. New Public Meeting for the filing of a Request for Determination of Applicability for the proposed work at 386 Elm Street East, Assessors’ Map 2A, Lot 49; the applicant is Blake Cruckshank. Mr. Cruckshank appeared before the board. He was proposing to put in a sunroom and deck addition. Erika advised Mr. Cruckshank that an NOI would be required along with an engineering plan because there was wetland species located there should he want to put in piping and divert a possible intermittent stream. Erika explained that Chairman Ross, Commissioner Anne Avelino and herself walked the site and agreed that there was enough area for the addition and sundeck and there was not a significant amount of grading to be done. Double staked hay bales would be required. Erika stated that more research
would have to be done to determine the history of the stream located at the site. Mary Ellen stated that she does not want any other work going into the wetland. Erika recommended issuing a Negative #3 with standard conditions. The following two additional conditions would be added: Notify the Conservation Commission when construction is begun; No disturbance past the hay bales. Mary Ellen motioned, Anne seconded to issue a Negative Determination #3 on plan dated March 2, 2005. .
3. Continued Public hearing for a Notice of Intent for the construction of a proposed 80’ x 80’, 6,400 sq. ft. 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. Mr. Ed Brennan, Attorney represented the applicant. Mr. Brennan stated that this project received Planning Board approval last Thursday night. He stated that they have incorporated all of the changes requested by Judith Nitsch Engineering to the site plan.
Mr. Brennan explained that the areas of concern were the location of snow removal and the extending of the fence along the back of the building to tie into the existing split rail fence. Native white pines will be planted along the fence to the top of river bank. The limit of operation will be from the split rail fence. The clutter will be removed from the outer riparian zone to the new building limit’s split rail fence to the easterly direction. Erika asked about signage. Mr. Brennan stated that there will be three “No Parking Signs along the fence and that this area will continue to be used but no storage will be allowed. Erika asked about the removal of the cars and that in the past the Fire Chief was notified when the cars were being removed because of possible oil leakage and the creation
of a hazardous condition. Mary Ellen suggested that the removal of the cars should be made a condition. Mr. Brennan also stated that they would be tying into the town’s sewer system. A condition will be added to include that all cars located on the westerly side of the fence must be removed in accordance with all state and federal laws. Hay bales and silt fence will be installed. Mark recommended adding that the cars are to be removed prior to site work. Mary Ellen motioned, Anne seconded, to approve revised plan dated March 30, 2005 with added conditions.
4. 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(3) 176-2B, 3, 3G, 4, 4J, 4L; the applicant is Paramount Development Associates, Inc. Mr. Ken Conte, Beals & Thomas requested to continue this hearing to May 5, 2005 prior to the decision of the Mastria sewer installation.
5. New Public hearing for the filing of a Notice of Intent for the proposed installation of stormwater management water quality structures, grading, site landscaping, and a parking area associated with the development of a single-story cold storage warehouse and distribution facility, approximately 7,000 square feet in size within the 100 foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Commerce Way, Assessors’ Map 15, Lot 176-2H; the applicant is Schwan’s Home Service, Inc. Mr. Ken Conte, Beals & Thomas requested to continue this hearing to May 5, 2005. Erika will check with the Planning Board on the status of this plan and asked Mr. Conte to notify her if there are any modifications.
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 Lithwaite, Southern New England Conference Association of Seventh Day Adventist. This hearing was continued to May 19, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS SESSION (Continued):
1. 244 South Street West, Raynham, MA 02767. Frank Ferreira to determine if a filing is necessary. Erika explained that Mr. Ferreira wants to do some tree clearing. She suggested that the Commission make a site visit to see if a filing is necessary.
Erika explained that the following two site visits are essential to see if any line modifications are needed or the services of a consultant required.
2. 20 Bellows Road, Assessors’ Map 14, Plot 242, Lot #3 for an ANRAD; Arthur Pearlstein, RNR Plastics.
3. Route 44, Assessors’ Map 16, Lot 61C for an ANRAD; North Light Realty Trust.
Four site visits are scheduled for Sunday, May 1, 2005.
Erika stated that she and Jeff Bridge will go to the STF project on May 5, 2005. She also discussed the not-to-exceed cost for consulting work she is requesting.
Mary Ellen said she noticed a contractor pushing blocks of cement into a stream. She advised them to stop.
Anne motioned, Mary Ellen seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 8:05 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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