MINUTES FOR MAY 19, 2005
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Anne Avelino
Mary Ellen Rochette
William Smith
ABSENT: William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
Chairman Ross opened the meeting and announced that Public Hearings 2, 3 and 4 have been continued to June 2, 2005.
1. Informal discussion for issuance of the Order of Conditions 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. Mr. Matt Smith represented the applicant. Erika explained that she had incorporated some conditions from the Planning Board into the Order of Conditions. Erika reviewed the conditions at the request of Chairman Ross and discussed the newly added ones. She advised that all storm water related applications and materials be referred to ConCom for review. Chairman Ross asked Erika to make sure that the Raynham Water District
would be made aware of the conditions. A few additional conditions that were discussed are that there would be no storage of fertilizers near the basin, no salt is allowed to be used on the site and all grass clippings would be removed from the infiltration basin. Mark asked if there has been any testing with salt substitutes as it relates to the Vortex filters. Mr. Smith stated that he didn’t know of any testing, but that there would be groundwater monitoring which would help in making any system adjustments as appropriate. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve the conditions as discussed.
2. Informal discussion with Joshua Bulotsky regarding an amended Order of Conditions or Certificate of Compliance for 59 Jamie Lane. Erika explained that Mr. Bulotsky has an
Order from the past that is currently open but wants to add an addition to his home. Mr. Bulotsky proposed putting in an addition at an angle and including an addition of an attached shed to the side of the garage. He stated that the 25-foot No Touch Zone would be maintained. Erika explained that this lot was recorded at the Registry of Deeds and had existed before October 6, 1997, therefore, the Commission may allow alteration of both temporary and permanent of up to 5,000 sq. ft. or 10% of the Riverfront Area within the lot whichever is greater. She explained that the project must also comply with four conditions. Erika went to the site and took some pictures. She explained that there are areas that need to be stabilized especially in the back of the house. Erika informed Mr. Bulotsky that he
could keep this file open and apply for an amended Order of Conditions. Erika recommended that the Commission should make a site visit to determine if this project should be pursued. Mr. Bulotsky was advised that any proposed future work should be included in any amended order requests in order to have a complete filing. A site visit was scheduled for Monday, May 23, 2005 at 5:15 p.m.
3. Timothy Downing – Certificate of Compliance continuation. Erika advised that the grass had been cut three times but is now stabilized. Unanimous vote by the Commission to issue a Certificate of Compliance.
4. Informal discussion regarding an addition of a 24’ x 24’ garage to 29 Alexandra Drive, Thomas & Annette Zahar. Mr. Zahar proposed constructing a 24’ x 28’ addition to his house with a 2-car garage with a bedroom above. Mr. Zahar stated that he has an Order of Conditions, which he received when he bought the house, which states that no further alterations will be allowed within the 100-foot Buffer Zone of the wetlands on site. Erika explained that this site is surrounded by wetlands and that the lawn goes right up to the edge of the wetland. She suggested that before Mr. Zahar pursues this any further, the edge of the wetland needs to be determined and also suggested soils be done. Chairman Ross stated that he sees issues with the location of the wetland and did not recall
the deed restrictions. Mark suggested moving the house over and applying for a variance and suggested to Mr. Zahar to speak with the Building Inspector. Jim Ross stated that the deed is a legal document and is binding and asked Erika to do some research on this. She suggested having the wetland line delineated before Mr. Zahar pursues anything further. Mr. Zahar stated that the only reason he is pursuing this is that his neighbor just constructed a huge addition last year and thought that he might have a chance to do the same. Mark suggested that Mr. Zahar speak with the Building Inspector and the possibility of obtaining a variance. Discussion followed. Jim stated that a site visit will be scheduled for Monday, May 23, 2005. Chairman Ross stated that he was not sure on the process of dismissing deed restrictions and asked Erika to investigate this because it is a legal document.
5. Informal discussion with Jim Burke and Frank Cooper of Wampanoag Road regarding a drainage easement. Mr. Cooper stated that he wants to extend the pipe out 30 ft. to the large crevice that is between both houses. Erika stated that there are issues and that Roger Stolte and John Schmidt need to look at it. Mr. Burke stated that the land percolates very fast because it is all sand. Erika stated that in order to extend the pipe, a filing would have to be submitted to the Commission that would include plans for re-grading and soil stabilization. She wanted to make sure that extending the pipe would be a fully engineered plan. Mr. Stolte has to review the plan prior to acceptance by the Commission as it increases the width of the easement and as it is his responsibility to maintain it. The Commission
agreed to visit the site on Monday. Erika stated that she would like to ask John Schmidt if this is something that isn’t functioning the way it was designed and that maybe it could be redesigned into a bio-retention.
This informal discussion was continued to June 2, 2005.
6. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to accept the minutes of the May 5, 2005 meeting.
7. Chairman Jim discussed the ten communities in the Taunton River Wild & Scenic Study. He stated that four towns, Raynham and the City of Fall River all voted unanimously to support the designation. Some of the other smaller towns remaining will vote at their town meetings on June 6. Jim stated that this designation is expected to be approved within the next year.
8. Jim discussed the conversion of the Sullivan School into the Town Hall which would include modest debt exclusion for the next twenty years. Since this school is located in the riverfront area, and there is a possibility that rare & endangered species habitats may located there, Chairman Ross stated that he wants to make sure the Commission is aware of all activities at the site. He stated that he supports the conversation of the Sullivan School but wants to be aware of any hurdles that would be impossible or difficult to get over as soon as possible since this conversion involves a lot of resource areas.
9. Complaint form and log: Erika discussed the modified complaint form.
10. 25-Foot No Touch Policy: Erika stated that she has asked the departments to submit their comments on this policy by June 9. Further discussion will take place at the June 16th meeting.
11. Business Cards: A draft of the proposed business card was presented to the Commission for review.
12. Update on Sewer Line: There was a discussion on Phase 6 and that it was held up because of Taunton discussions. Erika explained that NHESP does not object to Phase 1 waiver request for contract one of the phase six sewers. NHESP has determined that work associated with in Contract one will not result in take of state listed species. However, they have requested that the town initiate consultations with NHESP to avoid and minimize potential for Contracts 3 and 4. .
13. Taunton Desalinization Modifications to Proposal: Erika distributed a packet in which she highlighted everything that she felt was of interest on the modifications proposed. She suggested that if there were any questions and/or comments to let Erika know and she will give Moises Pariente from Aquaria a call to come back in. She explained that this is a notice of project change which has to get EOEA comments. A brief discussion followed. It was noted that the current route is the proposed route and that no areas of rare species are known to occur.
14. Eastern Box Turtles are a species of special concern: Less of them are being found.
Erika stated that if you see them, it is important to notify the Dept. of Fisheries and Wildlife.
15. Coverts Program at UMASS: The program is through UMASS Dartmouth and is free.
Erika stated that she would have to apply and if chosen would go to a 3-day seminar on forest stewardship. Jim encouraged Erika to apply and stressed the importance of public education.
16. Locust Woods Update: This complaint involves the fixing of drainage problems at 98 Everett Drive. The plan of action has been implemented.
17. MEPA Meeting for Berry Hill Retirement: Erika stated that notice has been received for a MEPA meeting at 1 o’clock on Tuesday to discuss the Berry Hill Adult Retirement Development.
18. 148 Stony Brook Road Pool Permit: Erika explained that she had to reject signing a pool permit because the parcel is located within the 200 foot riverfront boundary and within 100 feet of a wetland line and would need a filing. Erika explained that with the new ANRAD forms, the wetland line and riverfront areas should be approved lines. There was a brief discussion on how the revised ANRAD forms allow for a simplified project review.
19. 21 Village Road. Mark, Jim and Bill got letter to go to the site. Erika thinks it might be a re-grade operation and wanted to make sure it was looked at.
20. Erika discussed Nick Campbell, a student who was here for Student Government Day. She said that Nick went out to view several of the more contentious sites in Town and reviewed Wetland protection Act and Rivers protection Act policies. Erika distributed handouts and posters to Nick and several other students.
21. Storm water Committee: Erika stated that she will be drafting bylaws for the next meeting. She stated that Randy is looking for ConCom volunteer to be on the committee and if any of the Commissioners are interested or have questions to contact Randy.
22. Riverview Apartments/Olson Greenhouse- Erika stated that she is in the process of setting up a meeting with Rich and Mr. King and Mr. Olson.
23. Woodlands/Warren Street West project by QBI Homes- Erika met with Tom Armitage who is working on Woodlands and single family house on Warren Street West. They have a proposed planting and landscaping plan laid out for the Woodlands. Erika asked him to clean up some dead brush and trees on both sides that have fallen in and around the wetlands. She stated that Mr. Armitage has offered to fix the old logging road behind the house on Warren Street because of water that is ponding and potential mosquito hazard.
She stated that he is not obligated to do so and that we should offer any assistance in helping determine what plantings are appropriate since he wants to create a working wetland. Jim suggested the possibility of having landowners that need to do replication as part of an enforcement order to contribute to the cost of wetland projects such as this. More discussion is needed on the idea of wetland banking and mitigation programs.
24. Enforcement issues: Erika explained that she will try to schedule the enforcement issues for the June 16th meeting. Jim suggested allowing more time for discussion on enforcement issues. It was agreed to extend the administrative session to 8 p.m. followed by the Public Hearings.
25. Mark stated that he wanted to formally thank James Ross for writing a letter to Wal-Mart regarding saving acreage in the Town of Raynham.
26. Welch Builders, Wampanoag Road – Certificate of Compliance. This informal discussion was continued to June 2, 2005 at the applicant’s request.
27. 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 June 2, 2005 at the applicant’s request.
28. Informal discussion with Mastria regarding sewer line installation. This informal discussion was continued to June 2, 2005 at the applicant’s request. Erika discussed what has been discussed a meetings onsite. She explained that Mastria will be presenting a plan on how they will stabilize the path that has been destroyed as well as how the sewer extension would be stabilized for the stream crossing. It was noted that the stream banks are not stabilized and that cleaning up sediment and re-vegetating the banks should be a necessary component of the project. Chairman Ross wanted to make sure that there is a plan to restore the vernal pool which had been destroyed. Erika will invite representatives from this project to appear at the June 2nd meeting. Erika believed that the problem was
caused from lack of communication. Mr. Gordon was going to send a sketch plan of what will be done to the sewer extension near the stream to the engineer for review. She advised Mr. Bensley to create an operations plan as to how he proposes to replace the piping with the gravity system including upstream and down stream erosion controls, pump system and plan of action for immediate bank stabilization with reinforced mats and vegetation.
29. Informal discussion with Mastria regarding expansion of parking. This informal discussion was continued to June 2, 2005 at the applicant’s request.
7:30 P.M. Public Hearings and Public Business
1. Continued Public Hearing for the filing of a Notice of Intent for the proposed installation of storm water 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. The only change to the plan was the implementation of using infiltration chambers in order to stay above seasonal high water ground table. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve sheets C300 and C501 dated May 5, 2005 and the balance of the plan dated March 18,
2005. Jim Ross asked about the conditions and whether the weir would work in the event of a hurricane. Erika added the following two conditions. 1. In the event the cranberry weir is not constructed to detain storm water runoff, a revised storm water plan will be received, approved and conditioned by the ConCom and Planning Board prior to occupancy. 2. Before COC is issued, all storm water detention plan changes must be approved through ConCom. Mr. Smith stated that the coordination of the work would be the only problem as far as he could see. There was emphasis on erosion control and phasing. Mary Ellen motioned, Anne seconded, unanimous vote by the commission to put these conditions in place.
2. Continued 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 June 2, 2005 at the applicant’s request.
3. Continued Public Hearing for an Abbreviated Notice of Area Resource Delineation to confirm the boundaries of Bordering Vegetated Wetlands for 20 Bellows Road, Assessors’ Map 14, Plot 242, Lot 3; the applicant is RNR Plastics. This hearing was continued to June 2, 2005 at the applicant’s request.
4. 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 Vegetative 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 June 16, 2005 at the applicant’s request.
Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:30 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
| 
