PRESENT: Jim Ross, Chairman
Anne Avelino
William Smith
ABSENT: Mary Ellen Rochette
Mark Peterson, Vice-Chairman
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
Chairman Ross announced that the public hearing session would not begin until 8 p.m. due to the change in the time for the administrative business session.
1. Informal discussion with Tony Esposito of Outback Engineering for Carriage Hill Estates, revised detention basin plan for Basin 1. Mr. Esposito stated that he was at the meeting to discuss a change in the plans for Carriage Hill Estates. He wanted to point out the specific area of Lot 3 on Carriage Hill Drive which showed a wetland line and Basin #1 designed to handle the stormwater management for Carriage Hill Drive, Parsons Walk and some of the abutting properties. Mr. Esposito explained that the wetland line on the plan was wrong but was correct in the field. He explained that the distance between Flag 43 and 44 was approximately 40-50 feet closer than what is shown on the plan. Mr. Esposito said that he had redesigned the pond based on the correct wetland line and that the new detention basin
on Lot 3 would now become a drainage lot. He asked for the Commission’s comments. Erika discussed his options and stated that nothing could be approved through Conservation until John Schmid approved it through Planning first. Chairman Ross advised that no decision would be made until of all the information was received but that he said the change looked fine and meets all of the distances and 25-foot No Touch Zone. Erika suggested sending the plan to Rich McCarthy, of the Planning Board indicating that this concept looked good to ConCom. John Schmidt would review it and forward any comments to ConCom. Erika suggested tabling this hearing until the approval is received from the Planning Board.
2. Informal discussion with Tony Esposito of Outback Engineering/Turner Brothers regarding Map 14, Lot 242-4 “Lot 5” Forge River Parkway – wetland replication/alteration and project. Mr. Tony Esposito from Outback Engineering and George Turner appeared before the Commission. They were here to discuss Lot 5 on Forge River Parkway. Mr. Turner representing Two T’s Realty Trust presented a history of the property and plans from 2002. He explained that before any work was done, they had installed the hay bale line per the previous Agent’s recommendation and approval. Mr. Esposito stated that in the past the wetland line was right against the property line but has since expanded closer to the roadway. He also gave a brief history of the property. Erika explained
that in a previous discussion the Commission voted to issue an Enforcement Order because of the work being done on the property. The work being done is in within 100 feet of a newly approved wetland line for RNR Plastics, an abutting business. Mr. Esposito told the Commission that he would design whatever corrective action they recommend. Erika explained that an Enforcement Order had been recommended because of work and filling in the buffer zone and that Mr. Turner was asked to come in to explain what was going on. Mr. Esposito said that Two T’s Realty Trust wants to put a new building on the lot. Erika recommended putting in hay bales for erosion control in the interim period and not to keep working in that portion. Bill asked Mr. Esposito that hay bales be installed at the 50 foot line and continue cleaning up and he would recommend tabling the Enforcement Order. Bill motioned, Anne seconded, unanimous vote by the Commission to
table the Enforcement Order pending the installation of the hay bales and no work within the 50-foot area. Cleaning to continue outside of that area.
Mr. Turner stated that due to an error in his office the Order of Conditions for his adjacent 40 B had expired and the replication was never done. He said when Walter Hewitson was out at the site reflagging the area, he said that the area was developing on its own and proposed donating the cost of the replication in lieu of going in and disturbing the areas that are growing on its own naturally. He said the $5,000 donation could be used for another project. Erika stated that she would check the legality of that donation. Jim said it was a creative idea but does not want to give the impression to anyone that they can give a donation in lieu of mandated replications. Jim recommended scheduling a site visit to verify if the wetland is developing sufficiently on its own.
3. Informal discussion with John McMasters, Jr., 905 North Main Street, Map 5, Lot 70B. The informal discussion was postponed to August 4, 2005 at the applicant’s request.
4. Review of Minutes of July 7, 2005 meeting/public hearings. Bill motioned, Anne seconded, unanimous vote by the Commission to approve the minutes of the July 7, 2005 minutes as written. Chairman Ross stated that in the future when the time for the administrative session is changed, a public notice be submitted in the newspaper and posted at town hall to reflect this change.
5. Informal discussion regarding site visit with Robert Ferreira, 399 South Main Street, Map 14, Lot 69A. Erika stated that a site visit was done on July 7, 2005 and advised Mr. Ferreira that he could remove the diseased hazardous tree which is believed to be in the wetlands. Mr. Ferreira was also told that he could remove fire wood that he had piled in the wetlands, he could stack the wood past his property/wetland line, remove the mulch pile from the wetland, and that he should keep the grassed areas as grass to prevent erosion. He was also told that he could cut trees on the line adjacent with neighbors because they are non-jurisdictional. Erika suggested giving Mr. Ferreira 30 days to complete the work and notify ConCom so a re-visit could be made. Erika will send a copy of the minutes to Mr.
Ferreira and request that the work be completed in 30 days. Bill motioned, Anne seconded, unanimous vote by the Commission to have Mr. Ferreira do the cleanup within 30 days.
6. Informal discussion regarding site visit with John Barbour, 146 South Street West, Map 14, Lot 39. Erika explained that on a site visit with Anne and Mary Ellen, Mr. Barbour was told he could not extend his driveway any further without a filing. He was told to remove brush by his driveway from the wetland and to seed the exposed area with conservation grass seed mix. Mr. Barbour was also told not to mow past the line that he is currently mowing now which is about two- five feet away from the edge of the intermittent stream. It was agreed that Mr. Barbour would receive an Enforcement Order if he continued to mow past what he is currently mowing. Anne motioned, Bill seconded, unanimous vote by the Commission to have Mr. Barbour complete all the work by October 15, 2005.
7. Informal discussion regarding site visit with John Pasquale, 388 Center Street, Map 5, Lot 11. Mr. Pasquale added stones in his back yard to prevent erosion. Erika felt that the stones should not be removed. She advised Mr. Pasquale that any work such as an addition or re-grading he would have to do a filing. Erika will send Mr. Pasquale a copy of the minutes and copy of setback limits. Bill motioned, Anne seconded, unanimous vote by the Commission to send Mr. Pasquale a copy of the minutes and setback limits.
8. Informal discussion regarding Parking Expansion at Raynham Flea Market.
Erika explained that originally the Commission had approved the parking lot expansion but an abutter appealed the decision. Erika discussed the new plan with the proposed expansion copy which was received by ConCom. She suggested that the Commission review the narrative and if there were any questions and/or comments she would forward them to the Engineer. She stated that they were proposing to expand approximately 20,000 sq. ft. of bituminous pavement in three separate areas. The new parking area would be extended from the existing parking lot that is within the 100-foot Buffer Zone to BVW. All the proposed work is outside the 200-foot Riverfront Area to Dam Lock Brook. Erika explained that because of the DEP comments, all work within the alteration and replication areas originally shown on the
approved plans would be eliminated. All work proposed on the revised plan would be limited to the upland area only. She explained that they would be providing additional subsurface soil information to determine the high groundwater table on various locations of the site. A pocket wetland detention pond would be constructed along with a water quality swale to control and treat stormwater runoff from the proposed parking expansion area A. She stated that they are also proposing to install a Stormceptor and underground retention area to control and treat the stormwater runoff from the proposed parking expansion area B and would be constructing a pocket wetland retention pond and a water quality swale to control and treat the storm runoff from the proposed parking expansion area C. Erika stated that all of these items have been reviewed by the DEP. Bill said that he wants to find out about snow removal and stockpiling of the snow. Erika said she
will send a letter to Mr. Cubellis with a copy to the DEP and suggest they put in a snow removal/snow storage plan and whether or not they would be using salt or salt substitute.
9. Informal discussion regarding Rogers Lane Subdivision. Erika discussed this land donation which will be going through the Planning Board. She explained that the original proposed parking area would not be paved but was within the Riverfront Area. She suggested to the Commissioners to review the information in the packet for future discussion. Jim asked about Roger’s Way and the permission needed to relocate the gate. Bill said it is also an easement and had endangered species located there. Erika suggested that they get approval from NESHAP. Erika stated that she would recommend an ANRAD/NOI filing at the preliminary meeting with the applicant.
10. Discussion re: on burn permit informational handout. Information on burn permits were in the packets for review.
11. Ratification of an Enforcement Order for 88 Fair Acres. Erika explained that she was requested by the Commission to send an Enforcement Order because of grading, tree clearing and filling within the area subject to protection under the Wetlands Protection Act. Erika stated that there is no valid order and the owners were requested to cease and desist and to attend tonight’s meeting. She recommended a site visit be scheduled and any further direction as to restoration would follow at a subsequent meeting. Jim stated that it is not definite that there are wetlands at this site but have to follow-up because it was brought to ConCom’s attention. A site visit was scheduled for July 26, 2005 after 5 p.m.
12. Continued informal discussion with Mastria regarding sewer line installation.
This informal discussion was continued to August 4, 2005 at the applicant’s request.
13. Continued informal discussion with Mastria regarding expansion of parking. This informal discussion was continued to August 4, 2005 at the applicant’s request.
14. Discussion re: the expansion of King Philip Street. This discussion was continued to August 4, 2005 at the applicant’s request.
15. Continued informal discussion Continued informal discussion with Welch Builders regarding 103 Wampanoag Road, Lot 10A – Certificate of Compliance. This informal discussion was continued to August 4, 2005 at the applicant’s request.
16. 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 August 18, 2005.
8:00 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
1. Continued 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. He discussed that at the last meeting the Commission was concerned about the classification of an off-site steam to the north and whether the stream was intermittent or perennial. He stated that his Botanist went back to the site and also reviewed original prints of the USGS map and confirmed that the stream is an intermittent stream. Erika asked Mr. Collins if he wanted the Commission to verify flood zones or banks or anything else at this point. Mr. Collins replied not at this time. Erika stated that she agreed with this
finding. Jim stated that ample documentation has been provided. Bill motioned, Anne seconded, unanimous vote by the Commission for BVW delineated as accurate on the plan dated July 6, 2005. .
2. Public Hearing for a Notice of Intent for the proposed construction of a detention basin within the 100 foot Buffer Zone to Bordering Vegetated Wetlands in connection with the construction of a roadway; the site is located at White Street, Assessors’ Map 9, Lot 7-1; the applicant is Steve Joyce. Mr. Paul Patenaude represented Mr. Joyce. He stated that he was looking for approval for the construction of a detention basin for a 7-lot subdivision. Mr. Patenaude stated that this was an open space preservation subdivision and that 50% of the total land area was open space. Mr. Patenaude stated that they have maintained the 25-foot No Touch area with the exception at the detention basin area where it was approximately 5-feet away from the wetland line. He stated that he has incorporated all
of Roger Stolte’s requirements. Erika advised that the Planning Board has accepted this definitive plan. Erika stated that she would like to see the drainage easement pulled away. She asked Mr. Patenaude if John Schmid ever discussed locating the basin in another location. Erika explained to Mr. Patenaude that she needed John Schmid’s review and any pages given to the Planning Board or Board of Health. Bill said he was concerned about the 5-6 feet of fill and that the basin of that size would be difficult to maintain. There was a discussion on the Commission’s Policy of holding to the 25-foot No Touch Zone. The basin located only 5-feet away from the wetlands concerned them. There was a brief discussion on relocating the basin. Abutter Jim Yafrate said that he was concerned about the basin facing his yard and the water that might be diverted onto his property. He did not want the wetland’s destroyed
because of their beauty. He discussed the fertilizers and pollutants that would be trapped and funneled into the wetlands. Erika said she couldn’t understand why the location of the basin being so close to the wetlands wasn’t addressed by the Planning Board. She stated that more information was needed and reiterated to Mr. Patenaude that ConCom required a full set of plans, consulting engineer’s comments and a decision on whether or not the basin could be shifted. Chairman Ross said he would like to have information on basins available for anyone who might have questions regarding them. Abutter Barbara Mansfield was very concerned with all of the water and asked several questions. She was invited to attend the next hearing when this would be discussed further.
3. Public Hearing for Notice of Intent for the proposed construction of a 5,000 s.f. commercial building associated parking area, utility connections, subsurface disposal (septic) system, stormwater management facility and incidental site grading. The work associated with the stormwater detention and a small portion of the proposed bituminous parking area will occur within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 1557 Cape Highway, Assessors’ Map 16, Lot 61C; the applicant is North Light Realty Trust. Mr. Loomis discussed the project which includes a 5,000 sq. ft. fast food restaurant with infrastructure. He stated that all work would be outside of the 25-foot No Touch Zone. Mr. Loomis said he would be meeting with the Planning Board on August 11th. Bill said the plan looked acceptable. Erika stated that she has not received any comments from John Schmid. Mr. Loomis replied that Judith Nitsch
Engineering has reviewed the plan and there are some outstanding issues currently being addressed. Erika recommended to the Commission to review the scheme and asked for an endorsement from the Commission of the conceptual plan. Mr. Loomis stated that the footprint of the basin was large in order to keep the depth down. Erika asked Mr. Loomis if there was labeling on the snow removal and snow storage areas. Mr. Loomis replied that he has addressed all of the issues. Erika recommended that ConCom condition it with standard conditions for a commercial development and address the snow storage and would send a letter to the Planning Board endorsing this project. This hearing was continued to August 18, 2005 at the applicant’s request.
4. Public Hearing for a Notice of Intent for the propose construction of a 427 s.f. addition to an existing dwelling within the 100-foot Buffer Zone to Bordering Vegetated Wetlands and the riparian zones to a tributary to Dam Lock Brook; the applicant at 380 King Street, Assessors’ Map 12, Lot 35; the applicant is Joseph Squizzero. Mr. Squizzero proposed building a garage. Bill advised Mr. Squizzero that when the Commissioners went to the site, there were no flags. Mr. Squizzero was told that the first step was to approve all of the resource areas. Erika stated that when she spoke with the Engineer, he had suggested the process be bypassed because it wasn’t a major project.
She explained that the flagging which was done between 2001-2003 was never approved and that an approved line is only good for three years. She was not sure if Bob Murphy did the flagging previously and wondered if he might provide some insight as to where the flags should be located as this information is required in order to approve the flags. Erika explained that since the Commission would be looking at the lines and project at the same time, and it is the applicant’s property, there should be an accurate description. Erika discussed the Performance Standards for Nod’s. She explained that an alternatives analysis is now required for all projects involving Bordering Vegetative Wetlands enclosed in the Riverfront Area. Bill said we need a new line. Jim said we need other indications besides the
flags for the wetland line and that the 100-foot and 200-foot distance from the mean annual high water line of Dam Lock Brook must also be marked. Jim discussed the amount of work in the inner riparian zone and that no more than 5,000 sq. ft. or 10% disturbance is allowed in the entire Riverfront Area. Jim asked Erika if there was a way to work with them; if this is going to be a possibility. Erika said she would have to review the Rivers Protection Act to determine when the house and lots came into existence. She stated that if it looks like they have already maxed out their 10%, then she could advise Mr. & Mrs. Squizzero on what they can or cannot do. Jim said he wants to make the determination before the Mr. & Mrs. Squizzero’s hire engineers. There was a discussion on different types of additions and the possibility of using footings instead of full foundations. Erika said she would feel comfortable continuing this hearing
to August 18, 2005. This hearing was continued to August 18, 2005 at the applicant’s request.
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. Erika advised that a written request to withdraw without prejudice was received from Brian Munro. Bill motioned, Anne seconded, unanimous vote by the Commission to grant without prejudice a NOI File #269661.
6. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of Bordering Vegetated Wetlands for 1154 New State Highway, Assessors’ Map 15, Plots 152 & 153; the applicant is Mibobden LLC. Erika said that if the line is approved, it should be noted that the Order of Resource Area Delineation is for eight flags 32-39 on plan dated May 2, 2005. After a brief discussion, Bill motioned, Anne seconded, unanimous vote by the Commission to approve plan dated May 2, 2005.
7. Public Hearing for a Request for Determination of Applicability for 331 Orchard Street, Assessors’ Map 11, Lot 140-2, the applicant is Frank and Dolores Joaquin.
Erika recommending issuing a Negative 3 with usual conditions including cleanup of compost. Bill motioned, Anne Seconded, unanimous vote by the Commission to issue a Negative 3 with standard conditions and cleanup of compost.
8. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries for 30 Robinson Street, Assessors’ Map 1, Lots 27 & 28; the applicant is Hansen Associates. This hearing was postponed until August 4, 2005 at the applicant’s request.
9. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of Bordering Vegetated Wetlands for Carol Drive, Assessors’ Map 16, Lot 43-4; the applicant is Brian Sullivan. This hearing was postponed until August 4, 2005 at the applicant’s request.
10. 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 Linthwaite, Southern New England Conference Association of Seventh Day Adventist. This hearing was continued to August 18, 2005 at the applicant’s request.
Bill motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:15 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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