MINUTES
PRESENT: Jim Ross, Chairman
Anne Avelino
Mary Ellen Rochette
William Smith
Mark Peterson, Vice-Chairman
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Continued informal discussion regarding Wampanoag Road drainage. Erika distributed plans and explained that John Schmidt performed the calculations on the site and stated that it must be kept as a drainage easement which was approved at a width of 35 feet on either side. John Schmidt said the end of the pipe should be flared out and that the both the grades and pipe widths should be examined. A permanent marker on the edges of the drainage easement would have to be installed and shown on the plan. Erika explained that the Planning Board and the Highway Department need to review this project before it comes back to ConCom as a Notice of Intent filing and that the abutters would have to be notified by certified mail.
2. Continued informal discussion with John Noblin regarding sewer line installation at the Mastria site. There are problems to address at this site. They were told it was a sewer connection at the corner which there is, but it is a siphon connection, which goes down under the brook and comes up and will not be compatible with the gravity system that they needed to install. Erika said that would require a pump station with either water or electric out there all of the time and would still not be desirable for a long term use. Erika agreed that the system proposed will not work with what was originally intended and noted that Mastria will need to receive DEP permission for the connection.
They have a permit to connect, even though it may not work. She explained that the project was approved through the NOI and a modified wetland line through an ANRAD that revised everything. Work will require crossing the stream and a cranberry bog weir that was never maintained. Further discussion is needed regarding the vernal pool and its restoration. Erika discussed the cranberry bog weir which holds 8 acres of water and because the weir has not been maintained flooding would occur. She explained that there would be possibly three filings and that there are a lot of parties involved. Long-time resident, Mr. Gary Smith said the stream always ran and the cranberry bog always runs down. He explained the history of the parcel and that the marker is always in a different location. Erika explained the
ongoing property bound dispute. This informal hearing was continued to July 7, 2005, at the applicant’s request.
3. Continued informal discussion with Mastria regarding expansion of parking.
This informal session was continued to July 7, 2005.
4. Certificate of Compliance for 105 High Ridge Road, Map 8, Lot 243J. Erika performed a site visit on June 15, 2005. She stated that everything was well grown in and mowed. She recommended issuing a complete Certificate of Compliance with no ongoing conditions. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a full Certificate of Compliance with no ongoing conditions.
5. Bill motioned, Anne seconded, to approve the minutes of the June 2, 2005 meeting. Mary Ellen and Jim Ross motioned to approve. Mark Peterson abstained from the vote.
6. Discussion re: the expansion of King Philip Street. Jim Ross met with Roger Stolte on Wednesday, June 15. Jim explained that the highway department is planning to widen and straighten a fairly long section of King Phillip Street for a safety issue and to come into compliance. He stated that Roger is trying to incorporate the widening of Thrasher Street as well. Jim explained that both roads border Borden Colony and are under the Agricultural Protection Restriction which records a municipality on the deed as well as the Agricultural Department in MA. Jim met with Roger and the taking of the land under APR protection is 5 acres of land. Jim explained that we fight hard to keep more open space and protect what we have. He said it is not an unreasonable request but it is also an incredibly
responsible position that the ConCom has with the shared stewardship of that land. Jim stated that Roger advised him that the Dept. of Agricultural Resources is very strict with releasing APR land but has made exception when it comes to municipal road widening projects. Jim said he called the APR Program and did not receive the same information so he will follow up more on this. Jim believes that the DAR will only consider this project if they are able to get back at least 1:1 contribution of land contiguous with the piece of property and that if 5 acres were taken for this project, another place that is farmable and is equal to or larger than 5 acres may sufffice. Jim said he will further investigate.
7. Discussion re: MOU Locust Woods/Whippoorwill. Erika stated that Highway Superintendent. Roger Stolte, Town Planner Rich McCarthy and she are trying to work on a way to solve some of the drainage problems at Locust Woods that is causing more drainage problems on the adjacent Whippoorwill subdivision. Erika explained the history of the complaint. John Schmidt, Consulting Engineer will design the drainage extension and will work in creating a filing for ConCom. A memorandum of understanding between all parties involved is currently in the process of being prepared.
8. Discussion re: 21 Village Road regarding rock removal. Mark discussed this parcel. He stated that it looked like the silt fence and hay bales are behind the wall and that the detention basin is off to the right. He suggested that we try to locate a set of original documents in order to review the line. Bill suggested that the original Order of Conditions should be reviewed because he believed the row of rocks is classified as limit of work and cannot be moved. Erika will check the Order of Conditions.
9. Discussion re: property on South Street West for planting plan. Erika explained that George Bumila was asked to come in because there might be a zoning board issue on the site plan approval. One concern is that there are wetlands and pond associated with his lot. He volunteered to go out and look at his lot and see if the plantings were going to be jurisdictional for ConCom. Erika and Jim met with Mr. Bumila on site and the area where the plantings were proposed is not ConCom’s jurisdiction. Erika recommended going back to the Planning Board and taking digital photos of the site. She explained that there is a standing row of trees on Mr. Bumila’s property and does not recommend removing them because they are providing protection for the wetland and also provides protection for the
neighbors. Jim agreed that it is out of ConCom’s jurisdiction.
10. Discussion re: on 25 foot “No Touch Zone”. Erika stated that she had not received any feedback from the draft of the policy that was sent out. Erika gave Roger Stolte a folder compiled with materials so he can put together a filing that he could continuously update that would allow him to do general maintenance. He is hoping to have a working file for the town and would alleviate his concerns about the 25-foot No Touch Zone. Emergencies would be the exception. Erika explained that the policy is a draft that reflects what has been ConCom’s procedure over time but realizes it needs to be incorporated into a bylaw to make it more official. Jim agreed that we want and need to work on the local wetland bylaws. Chairman Ross advised the board that his term ends in June and
has asked for reappointment and discussed some of the objectives that he planned for the coming years.
11. Discussion re: burn permit informational handout. Erika explained that Chief Andrews thought ConCom’s policy went beyond the scope of the burn permit. The Chief explained that the burn permit is for brush that has already been removed and cut and that anything other than that would be illegal. Erika will check the regulations and suggested implementing guidelines for burning within 100 or 200 feet of a resource area instead of a regulation.
12. Discussion re: Sullivan School renovations. Jim stated that this month the residents will be voting on the $3m renovations to Sullivan School. Jim discussed resource issues involving the Forge River which is located behind the school. Jim explained that the Feasibility Study did not address the resource areas on the site of the Sullivan School and that since the bulk of the school property lies in the Riverfront Area this should have been taken into consideration and delineation should have been done prior to the study. Jim explained that due to regulations, an alternative’s analysis will have to be done on this municipal project and briefly discussed the requirements for an alternatives analysis. Erika advised that she went to the School Committee meeting and did a presentation and
discussed what is required and expected on a project of this type. She thought the engineering cost would be greater than expected but what concerned her most was the technical design and maintenance and hoped that the contracted firm is aware of how critical the new standards are. Erika also discussed issues of road expansion and curb cutting time deadlines.
13. Chairman Ross briefly discussed Biodiversity Day.
14. 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-foot north of the old stone railroad bridge that crosses over King Philip Street between Broadway (Route 138) and Prospect Hill Street. Mr. Pozerski thought it was important to give an update on what has been done so far. He explained the poor condition of the parcel. A topographic survey was done of the entire area up King Phillip Street and out to Reagan Circle area on right hand easterly side to determine where the water shed break is towards conservation
property. Tom stated that one of the homeowners stated that he did not want any more water funneled into the retention basin because he felt that since it was designed to be used only as a town basin, it should only be used for that purpose. Tom said he did not feel comfortable with adding the extra water into the basin as it would push its capacity.
A botanist was hired who came up with a planting scheme they feel will help the situation. A total of 135 plantings was designed that would help to absorb the water during the growing season and during the non-growing season the overflow would need to kick in.
Tom will meet with Roger Stolte on June 23rd and ask for his assistance. He stated that he would also like to come back to ConCom with the client. Tom referred to a previous letter issued by Marc Antine relative to granting easements. He said he believes there is a pipe under the railroad bed itself and that the swale is something that has been there and might simplify the situation. This hearing has been scheduled to July 21, 2005 at the applicant’s request.
15. Informal discussion with Dan Gioiosa regarding Lot 5 Steeple Chase Preserves. Bill Smith recused himself from this hearing. Mr. Gioiosa said there was an issue between the original silt fence line and trying to keep everything out of the riverfront area. He proposed putting iron pipes and replanting the area. He explained that due to an error, the 2 ft. thickness of the wall goes into the Riverfront Area and is the limit of work and will replant the area behind it. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated June 16, 2005 with minor modification. Bill Smith abstained from the vote.
16. Continued informal discussion with Welch Builders regarding 103 Wampanoag Road, Lot 10A, Certificate of Compliance.
This hearing was continued to July 7, 2005 pending a notification from the owner that debris had been removed from the drainage easement.
8:00 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS:
1. Public Meeting for a Request for Determination of Applicability for the proposed work at 140 Warren Street West, Assessors’ Map 14, Plot 188; the applicant is William and Kim Crandell. Commissioner Mark Peterson recused himself. Erika explained that she did a pre-submission site visit and said the hay bale line was fine and that she recommended issuing a negative 3 with the standard conditions. She explained that a new RDA would have to be submitted for any modifications or changes the Crandall’s may want to do in the future. Bill motioned, Anne seconded, unanimous vote by the Commission to issue a Negative Determination of Applicability #3 with conditions.
2. Public hearing for a Notice of Intent for the proposed construction of a single family dwelling, garage, driveway, utilities, erosion control measures and associated site grading within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Richard Street, Assessors’ Map 4, Lots 203 & 204; the applicant is T & M Realty. Tom Pozerski of HBW represented the applicant. He stated that they are planning on tying into municipal sewerage and that the erosion control measures have been placed at the limit of work. Mr. Pozerski said this property is a confusing piece and does not have any wetlands on it. Tom said he has contacted the DEP for advice. The hay bales are the limit of work and the only thing you can do with the abutting property is go near the property line and if you
feel that there are wetlands within 100-feet of the project area, you would condition the work for the buffer zone work. You cannot condition work on the abutting property and that a clause would have to become a part of the NOI such as “it appears to be wetlands within 100-feet of the property; however, the Commission has not made an accurate determination on the wetland line because you are not allowed on the abutting property. Erika said because we don’t have permission to verify the abutter’s property she will have to do a site visit where she will look at portions and not a full flag line. She asked Tom to mark the property line and put up a lot sign. Erika said there aren’t numbers on the flags at this point and that it is important to have a lot numbers so people can tell where the lot is and also install a couple of boundary markers. Erika explained that the wetlands need to be verified and she would propose an Order and
make one of the first conditions that the wetland line could not be verified. Jim stated that if the plan is accurate this could be an expedited review. Bill suggested installing a fence at the 50 ft. line. It was agreed that a permanent fence was a good idea. Jim said a site visit would be made and a visit was scheduled for Tuesday, June 28th. This hearing was continued to July 7, 2005 at the applicant’s request. Erika stated for the record, that an exception would be made if Tom cannot make the deadline for turning in the plan by the due date as long as it is received before the meeting due to possible last minute changes requested by ConCom.
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. Tom Pozerski represented the applicant. He stated that Botanist Mark Garrett did the delineation and that the back of the property is a wetland line. Erika asked Tom to come out to the site because she thought the line was backwards. After a review, it was found that two wetland lines had been delineated. One OE line south to north and one Mark worked north to south and that both lines were almost identical. Erika advised that she will be sending out a letter to the owners of the parcel on the left because they have been doing work within the 100-foot Buffer Zone.
She said it was unknown at this point that if the extra fill was removed if it is would be a wetland. Tom said he wants to do a preliminary site plan and stated that no work has been done. Bill motioned, Mark seconded, unanimous vote by the Commission to approve the Order of Resource Area Delineation for bordering vegetated wetlands on plan dated June 8, 2005.
4. Continued Public Hearing for an Abbreviated Notice of Resource Delineation for 1084 Broadway, Map 4, Lot 143, the applicant is STF Enterprises. Erika explained that this hearing has been continued because the site was difficult due to the fact that there has been a lot of disturbance on the site. Jeff Bridge, Consultant said there are a couple of spotty areas. He specifically stated the BVW line is acceptable as Erika stated that would be the only resource being approved. Erika explained that at the meeting tonight the Commission is only approving the BVW and not verifying the presence of land subject to flooding beyond the boundary of the BVW and are not verifying any state regulated bank associated with presumed intermittent stream. Bill motioned, Anne seconded, unanimous vote by the Commission to
approve plan dated June 14, 2005, which does not approve the any other resource areas on site.
5. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries for Oakland Street, Assessors’ Map 17, Lot(s) 60 & 61; the applicant is Philip Martin, PDM Land Development. Mr. Phil Martin represented the owner Ron Medeiros.
Mr. Martin presented a history of the property. Jim and Erika went to the site. Jim said the line looked very good but had questions about the flagging in a couple of places. Erika stated that Flag 40 was missing. She thought the area between Flag 41 and Flag 39 should be curbed out about 5 ft. in a southerly direction. Flag 29 was missing between Flag 27 & Flag 31. Erika recommended somewhere between Flag 31 and Flag 28 installing a flag. She thought it seemed like a larger distance between the flags and suggested moving out about 4 ft. in a solid curve. Erika noted that the flags go onto the adjacent property and suggested adding a clause on the ANRAD to include that fact. Jim recommended accepting the ANRAD with those changes. Abutter Kevin Miller, asked what the purpose of
tonight’s meeting was on this hearing. Jim advised that tonight’s hearing was just to confirm that the wetland line is acceptable. This hearing was continued to July 7, 2005 at the applicant’s request.
6. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries for Judson Street, Assessors’ Map 16, Lot 24, 24-1, 24-2; the applicant is George Lawrence. George Collins, Collins Engineering Group represented the applicant. The site is located NW of Judson & Leonard Street intersection, 26 acres. He explained that there is vegetated wetland to the NW portion of the site and that Dr. Hewitson did the delineation for the Rolling Brook Estates subdivision located NW of the site and that botanist Chris Capone approved the line. Jim and Erika made a site visit and agreed with the line but had a couple of issues. Jim stated that there seemed to be a seep around Flags 62, 63 and 64. He thought Flag 63 should be moved out a little bit between 3-5 ft. maximum,
solid all the way around. Jim said that when we got back towards the end of the flags where some went off the property, there was a stream that was flowing pretty well but was not on the plan. Jim explained that if anything was approved tonight, it would be just for the BVW. He stated the stream would have to be added to the plan and a determination made as to whether it is an intermittent stream or a perennial stream. Erika explained that if it is an intermittent stream, the Army Corps of Engineers has recently changed their regulations on intermittent stream crossings and that those standards would have to be met. Mr. Collins will have his Botanist review for the mean annual high-water line. This hearing was continued to July 7, 2005 at the applicant’s request.
7. Public Hearing for a Notice of Intent for the proposed construction of a single family dwelling with associated site grading and utilities within 100-foot Buffer zone to bordering Vegetated Wetlands; the applicant proposes erosion control devices down gradient of the limit of work; the site is located at Finch Road, Steeplechase Preserve, Assessors’ Map 16, Lot 33-26, subjection lot 26; the applicant is QBI Homes. Dan Gioiosa of Sitec Engineering represented the applicant. Dan proposed a single family dwelling, municipal water and on-site sewerage disposal system. He said these are the last two lots in the subdivision. Dan stated that he wants to move the silt fence line to give the people a little bigger backyard but that he is maintaining the 25-foot No Touch Zone. He is proposing to install a
new silt fence. Erika said that the Board of Health has just started to review this project and that if there are any questions about the modifications that ConCom requests, we need to let them know as soon as possible. This hearing was continued to July 7, 2005 at the applicant’s request.
8. Public Hearing for a Notice of Intent for the proposed construction of a single family dwelling with associated site grading and utilities within 100-foot Buffer Zone to Bordering Vegetated Wetlands; the applicant proposes erosion control devices down gradient of the limit of work; the site is located at Finch Road, Steeplechase Preserve, Assessors’ Map 16, Lot 33-27, subdivision lot 27; the applicant is QBI Homes. Dan Gioiosa stated that the silt fence would not be installed as well as a post and rail fence. He said that the closest point is 10 feet. Erika said they have agreed on the disturbance and have done everything they could to make up for the situation. This hearing was continued to July 7, 2005 at the applicant’s request.
9. 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 Seventh Day Adventist. This hearing was continued to July 7, 2005 at the applicant’s request.
10. Continued Public Hearing for a Notice of Intent for the proposed construction of a single family house, installation of a well and associated utilities within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site located at 303 Prospect Hill Street, Assessors’ Map 3, Lot #20; the applicant is Marsha Craig. This hearing was withdrawn.
Site visits were scheduled for Tuesday, June 28th at 5:15 p.m.
It was announced that at the next meeting, the administrative session will be one hour long and would run from 7:00 pm to 8:00 pm.
Bill Smith made a motion to issue an enforcement order to shut down work by the Turner Brothers on the site adjacent to RNR Plastics. They are within 100-feet of the line. Anne seconded, unanimous vote by the Commission.
Erika will write to Marc Antine regarding a bylaw for non-voting associate members. Jim said this is one of the several projects to pursue during this next year. Jim wants to have people in training who could step in if need be. Erika advised the Commission that the budget would have to be adjusted to include training fees for the non-voting associate members.
Kathleen Roberts house, 709 South Main St. Jim explained that her backyard goes down into a manmade pond approximately 1,100 sq. ft. He stated that she wants to replace the trees that had been died and wants to sink a well down into that pond to pump water for the trees for the first couple of years as they are growing. Erika said she has to measure the width and depth of the pond to see if it meets the regulations as there are many factors to take into account. She advised that measurements should be taken during the months of November and August and that she will research this further. Bill discussed a manmade lined pond.
A note of information that the Plymouth red belly turtle and northern red belly cooters are classified as endangered species and basically finding that there are a few hundred living in the Commonwealth.
Erika distributed new information of invasive species, Southern New England Forest Consortium, SRPEDD.
Bill motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:30 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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