MINUTES
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Mary Ellen Rochette
Anne Avelino
ABSENT: William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Continued informal discussion with Mastria regarding sewer line installation.
Mr. Paul Patenaude stated that he was not hired to work on this project but was at the meeting to gather information so he could advise Mr. Mastria. Erika stated that she had spoken with Steve Gordon of Kirker Perry who on behalf of Mr. Mastria wanted to know why they needed a planting plan and why the work couldn’t be put under the original Order of Conditions. Erika advised him that he would need to ask the Commission those questions at an informal session, which was scheduled for tonight. She also explained to Mr. Patenaude that Mr. Mastria would have to go back to the Planning Board if they have changed the design because it would affect the storm drains, grading, and the approved plan of record. Mr. Paul Patenaude said that from his observations he believed there was a big gap in the Commissions perspective
and Mastria’s perspective on what has to be done.
Chairman Ross stated that the Commission has been creative in trying to figure out ways to help Mastria on several issues. Mark said that the Commission has tried everything to help him meet his deadlines for his building. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to send a letter to Mastria re-stating what needs to be done. Mark suggested bringing everyone involved to a meeting. Jim asked to amend the motion that the letter to the Building Inspector and Mr. Mastria be copied to the Planning Board. Mark suggested keeping a 30-day timeline. Erika said that she has received the NOI for the cranberry weir and if it is a complete filing for the weir, she would process it and schedule a meeting. Erika spoke with Mr. Noblin and he said he is waiting to hear about the sewer line
and had heard that Mastria will be keeping the pump siphon system. He told Erika he hasn’t received anything definite. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to send a second letter with a copy to John Noblin stating the history of this project and what Mastria was told to do and has not done and that if not done within 30 days, there would be a Cease and Desist Order on everything. Mary Ellen then amended the motions to request that a Cease and Desist Order goes out immediately.
Abutter Mr. Smith discussed his concern about the marker which has moved ten times and was found in the swamp.
2. Continued informal discussion with Mastria regarding expansion of parking.
This discussion was tabled due to applicant not being present. Erika stated that no plan had been received for the parking expansion.
3. Recommendation from Agent regarding land donation Map 4, Lot 165 Carver Street from Jeanette Pouliot. Erika stated that the town has accepted the land which has a lot of wetlands. She will send a letter to Marc Antine asking him to draw up deeds for the donation to make it official.
4. Recommendation from Agent regarding land donation Map 14, Lots 168, 169, Parcel A from Hampton Inn/First Bristol Corporation. Erika explained that this lot has not been accepted by the town. She suggested sending a letter to the Board of Selectmen to accept this parcel and also send a letter to the Hampton Inn advising them that the deed and all tax payments must be up-to-date. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission for Erika to send the letters. There was a discussion on land donations. Chairman Ross wanted to make sure that ConCom doesn’t accept all donations as a means for applicant’s to get out of tax title. Erika stated that this land would be added to the land ConCom already owns off of Warren Street West.
5. Discussion re: Burn Permit handout from meeting on 7/21/05 and proposed informational handout from Conservation Commission. Erika explained that the burn permit handout covered ConCom’s concerns. She suggested incorporating George Andrews’s regulations on keeping burning 75 feet from the homes for safety reasons. She will modify the handout.
6. Highway Department, Re: Everett Drive: - Public Service Announcement from Agent. Erika advised that Roger Stolte sent out letters about removing debris from drainage easements. She advised that the Transfer Station accepts mulch and yard waste for free for single family homes. Hours for the Transfer Station can be found at both the Board of Selectmen’s Office and the Conservation Office.
7. “Site Assignment, Re: Patriot Recycling” – letter to Patriot from Cons Com.
Erika explained the current operation at Greyhound for some of their recycling. She stated that this was an after-the-fact permit and did not know if there were any current filings. She will send Mr. Carney a letter indicating ConCom’s policies and required filings.
8. Certificate of Compliance for Chestnut Farm. Erika performed a site visit on August 4, 2005. She explained that a partial Certificate of Compliance was issued and was just waiting for the grass to grow in a few disturbed areas. Erika recommended issuing a full Certificate of Compliance with perpetual Conditions - #21, #30, and #31. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission.
9. Certificate of Compliance for 876 Broadway, Berlin. A site visit was performed on August 4, 2005. Erika advised that the mulch pile near the wetland had been removed. Erika recommended issuing a full Certificate of Compliance with perpetual Conditions #21, #30, and # 31. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission.
10. Approval of 7/21/05 Minutes. Anne motioned, Mark seconded, unanimous vote by the Commission to approve minutes as written.
11. 88 Fair Acres. Jim stated that he had met with the owner regarding tree cutting in the back yard. Chairman Ross said that he did not believe there were wetlands within 100-feet of the back stone wall boundary and that this work was not under ConCom’s jurisdiction or impacted by the Wetland Protection Act. Chairman Ross recommended not ratifying the Enforcement Order. He also suggested that a letter to that effect be sent to the homeowner with a copy of the minutes. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
Chairman Ross announced that Public Hearing #9 had been postponed to August 18, 2005 and that the remaining eight Public Hearings would be heard in the order as listed on the agenda.
1. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of Bordering Vegetated Wetlands for 100 Everett Drive, Parcel ID #13-44-13; the applicant is the Town of Raynham. Mr. John Schmid presented the delineation of the wetland for the Locust Woods subdivision. He stated that Dr. Walter Hewitson delineated the wetland line on June 16, 2005. Erika stated that she and John visited the site on August 3, 2005 and that all flag numbers were marked and did not recommend any changes. Abutter Richard Bastiansen, 684 Locust Street reviewed the plan and asked several questions. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to accept the BVW line.
2. Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm boundaries of Bordering Vegetated Wetlands for 558 South Main Street, Assessors’ Map 11, Parcel 220; the applicant is the Town of Raynham. Mr. Brian Waterman, Waterman Design Associates represented the Town of Raynham. Mr. Waterman discussed the site of the former William Sullivan School on South Main Street. He discussed the BVW, mean annual high water associated with the riverfront (Forge River). Mr. Waterman stated that the edge of the wetland was delineated utilizing 26 wetland flags. Erika stated that this hearing could not be closed because a DEP File number had not been received. Jim said the stakes in the field were slightly different but they had re-staked and spray painted over them and was now very
well defined. Erika stated this hearing can formally be closed at the next meeting. This hearing was continued to August 18, 2005 at the applicant’s request.
3. 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. Erika, Commissioner Anne Avelino and Christopher Capone of SITEC Engineering visited the site. Mr. Sullivan stated that Lot 23B was one of the remaining lots in the development, located on the Sullivan Property off of Finch Farm. He stated that the line was delineated and approved by the Commission a number of years ago and has since expired. He stated that there were some major adjustments made to the original line around Flag #12 and Flags A6 through A8. He also stated that Flag #A7 was eliminated. Mr. Sullivan requested BVW approval for Flags A1 thru A24. Mary Ellen
motioned, Anne seconded, unanimous vote by the Commission to approve BVW as delineated.
4. Public Hearing for a Request for Determination of Applicability for the proposed work at Brook Street, Assessors’ map 16, Lot 7-6; the applicant is Creative Homes.
Chris Yarmouth, Yarmouth Engineering represented the applicant. Erika stated that the plan for Lot #6 had been revised per the Board of Health. The Board of Health required that the plan be revised to show that there was adequate space to add a reserve area if it was needed in the future. Mr. Yarmouth indicated that the closest point to the wetlands was 34 feet and that no disturbance would be allowed past the hay bales. Mary Ellen motioned, Anne seconded dated July 22, 2005 for work in the Buffer Zone not requiring the filing of an NOI.
5. Public Hearing for a Request for Determination of Applicability for the proposed work at 21 Village Road, Raynham, Assessors’ Map 14, Lot 242G-7; the applicant is Margaret Lortie. Erika explained that the applicant wants to remove boulders and replace them with a fence which would be the limit of work. She added that the proposed fence would be a permanent boundary put in place to replace stones that were a permanent boundary and that any replacement of the fence with another boundary, delineation structure in the future may necessitate a new filing in the future. She stated that there were no wetland issues. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a Negative 3 with conditions.
6. Continued 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 the applicant. He stated that during the design process they were not aware of the Commissions’ No Touch Zone. They have since reconfigured the basin itself but have maintained the same volume. Mr. Patenaude stated that they have moved the detention basin back on Lot 2, making Lot 2 shorter but wider and ending up with the same area. The basin has been taken out of the No Touch Zone. He explained that due to these changes, the town’s detention basin has also been made larger and a gentler slope has been created near the edge of the wetlands. Abutter James Grady, White Street stated that he was very concerned about the basin and did not want
to see the wetland destroyed. He asked the Commission to explain the term Buffer Zone and asked several questions. Chairman Ross discussed the system and presented a thorough explanation of the process, describing the uplands, wetlands and buffer zones. Chairman Ross also discussed the state regulations which allow work to abut the wetlands. Chairman Ross said he was pleased with the cooperation that the Commission has received from applicants who follow Raynham’s standards. Anne motioned, Mark seconded, unanimous vote by the Commission to approve plan.
7. Public Hearing for a Request for Determination of Applicability for the proposed work at Route 24/44, Interchange Ramps, Assessors’ Map N/A, Lot N/A; the applicant is Massachusetts Highway Department. Both Public Hearings #7 and #8 were opened. Tom Maguire, District Environmental Engineer for the Massachusetts Highway District #5, Taunton and Bill Travis, Senior Engineer and Assistant District Highway Maintenance Operations Engineer represented the applicant. Mr. Maguire proposed removing and replacing 2” of blacktop. He explained that they would be repacking the shoulders, adding soil, planting and seeding or using crushed stone for the appropriate location. Mr. Maguire discussed several perennial steams which run along and underneath the ramps that flow down to the Taunton River. He explained that this maintenance project was exempt from Riverfront Area requirements but that he was at the meeting because of the work being proposed in the 100-foot Buffer Zone to BVW. Mr.
Maguire discussed the sloped granite edging on the ramp and that it was between the sloped granite edging that they would be removing the blacktop. He proposed installing reflector paper markers and adjusting and rebuilding the drainage structures if required in order to meet with the new road surface. Jim asked if there would be a lot of dust being created during this process. Mr. Maguire stated that not many fines would be airborne as most of the chunks would be large. He explained that a street sweeper would come in once the cold planning was completed. Mary Ellen asked about a timeframe. Tom Maguire replied that this project would take about 2-3 weeks. Erika advised that she felt comfortable with this project and assured the Commission that for debris to enter the water, it would have to travel about 10-feet in most areas, because of concrete, grass, trees or vegetation. Mary Ellen motioned, Anne seconded, unanimous vote by the
Commission to approve plan, Negative 3 for both Public Hearings #7 and #8.
8. Public Hearing for a Request for Determination of Applicability for the proposed work at Route 1-495, Cold Planning and resurfacing from the Middleboro Line at the Taunton River northerly to 1,200 feet south of the Pleasant Street Overpass; the applicant is Massachusetts Highway Department. This Public Hearing was combined with Public Meeting #7.
9. 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 to August 18, 2005 at the applicant’s request.
Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to adjourn the Public Hearings.
Erika discussed three new filings and tentative site visit dates were set.
Chairman Ross discussed some of the issues with the Sullivan School project. He asked Erika to discuss what transpired at the meeting. Erika discussed the issues with the parking. Chairman Ross said he believed the square footage of already altered impervious surface was already at or maybe exceeded the 10% allowed in the Riverfront Area. Erika thought less attention should be paid to the landscaping around the building and more focus in reconfiguring the parking issue.
Jim asked Erika to report on the meeting she attended on August 3, 2005 regarding the Sullivan School. She updated the Commission on the status of the filings. Erika explained that the project calls for more parking than what is currently at the Sullivan School, Gilmore Hall and Town Hall combined. She explained that at the meeting three schemes had been prepared and discussed. She stated that she believed less focus should be placed on the landscaping design aesthetics and more emphasis should be placed on utilizing areas outside of the 200 foot river protection zone for parking.
Erika explained that the third scenario was more palatable as it called for less impervious surfaces. Erika recommended reviewing a design that would have parking right up to the building as it would be convenience as evidenced with the current parking schematic for the Town Offices. Mark said the entire left hand side while facing the building should be maxed out in areas that are not in the 200 foot river protection area.
Jim said he believed the square footage of the already altered impervious surface was already equal to or maybe exceeds the 10%. They will have to make some sacrifices especially with regards to landscape aesthetics and the riverfront should not be sacrificed in order to beautify the site. Jim stated that he wants to work cooperatively as possible with applicants on riverfront projects, but that the Commission must be consistent.
Erika said she did not have an answer regarding what would happen with the cesspool. It was discussed that they would have to break that up. Erika said if they replace it with, dig up and replace with grass, the engineering firm discussed having it counted as disturbance so that we can get some extra parking. She didn’t know if it would quality.
Erika advised the Commission that she had presented the Sullivan School Committee members with the ideas that go along with the regulations. She explained that the interpretation of the regulations that she understood did not indicate that grass was something that was considered degraded and that if there was a contrary opinion from the DEP that they should get that in writing.
Erika suggested having Judith Nitsch Engineering and John Schmid, Consulting Engineer look at preliminary plan and gives them some ideas. She explained that this meeting was the first in a series of meetings.
Anne motioned, Mark seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:00 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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