MINUTES
PRESENT: Jim Ross, Chairman
Mary Ellen Rochette
Anne Avelino
ABSENT: Mark Peterson, Vice-Chairman
William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Minutes:
The minutes of the August 4, 2005 meeting was tabled until the next meeting in order to give the Commissioners time to review.
2. Informal discussion re: Sullivan School conversion to a new Town Hall.
Brian Waterman of Waterman Design Associates represented the applicant. He was present to bring the Commission up to date on the alternatives and some of the design ideas based on meetings with the Town. He explained how they came to the final design and would be coming back to the Commission on September 1st to discuss and open the NOI. Mr. Waterman discussed three design alternatives. They propose 70 parking spaces as the amount of spaces that would work. The existing impervious area including pavement and building is 26,970 sq. ft. Gravel pavers would increase pervious area. The proposed a rain garden swale layout on the outer edges, 1:1 mitigation, and replanting and re-vegetating the disturbed area.
Jim asked if the existing impervious surfaces in the area closer to 10% than 20%. Mr. Waterman replied that the impervious surface is 700 sq. ft. over the 10%. Jim asked the Commissioners to keep that information in mind and reminded them that some of the building and existing parking was already in the Riverfront Area. Jim stated that when we get to the NOI we want to be looking at how much more or less than the existing imperious in the RA we looking at with the various plans. Mr. Waterman said about 14,000 sq. ft. is existing and what he has proposed is down to 10,300 sq. ft. having a reduction of 3000 sq. ft. of impervious area in the RA area. He stated that in the redevelopment section of the act, you are allowed you to go over the 10% if you to go over
the 10% if you do the 2:1 mitigation or 1:1 restoration. If you factor in these, you would be up to the 14,000 sq. ft. number.
Erika stated that John Schmid would be reviewing the stormwater section. Jim explained this is an informal session and we are here to raise questions and clear up issues. Jim asked if the NOI was coming with the 70 spaces. He explained that the Commission has a full set of site plans. Anne asked about snow removal and was advised that information would come on the site plan. Erika said that John Schmid was there on the preliminary and will know what he has to review. Jim said that the Commission has an obligation to the town to make sure that any project approved fits within the Riverfront Area portion of the act and that since this project is on a marginal site, it will take a lot of coordination to make sure this happens in a responsible way.
3. Discussion with John McMasters, 905 North Main Street. Erika explained that a letter was sent to Mr. McMasters inviting him to tonight’s meeting to discuss the two loam piles that are stored on his property. Mr. McMasters stated that he wants to level off his back yard and build a hockey rink for his kids. He explained that he is in the process of hiring a Botanist to delineate the wetland and hoped to have it done by September.
4. 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-feet north of the old stone railroad bridge that crosses over King Philip Street between Broadway (Route 138) and Prospect Hill Street. Tom Pozerski of Hayward, Boynton and Williams stated that he had met with Raynham Highway Superintendent Roger Stolte to discuss the options. He explained that he was proposing to put an easement through private property.
In the easements along the sides of the property, Tom proposed planting 135 plants. Mr. Pozerski encouraged the Commission to allow the work to be done. Tom stated that no other work in the area of the culvert is proposed. Jim asked if there would be an issue with dumping water onto ConCom property. Tom said he didn’t believe there would be an issue because this culvert was there according to the old aerials and that he had seen the culvert personally in the past before houses were built there. Erika stated that if they are not in any 100-foot buffers this project would be easy to approve. If they are within the 100-foot buffer then they would need to file an RDA. Tom asked about hay bales. Erika recommended installing hay bales in the areas outside of the
100-foot buffer. She explained that if there were any areas inside of the 100-foot buffer an RDA would cover that.
Abutters Tina Stasiuk and Janet Ross asked Tom some questions. Tom explained that the pipe had broken in the past and caused a lot of flooding. He recommended leaving the pipe where it is. Abutter Janet Ross stated that she has seen kids playing in the area of the culvert and asked who would be responsible for maintaining the pipe. Tom explained the drainage systems need maintaining, the catch basins have to be cleaned out and pipes need to be maintained and that it is the responsibility of the property owner. He explained that when loamed, seeded and vegetated, there should be only minor maintenance. Tom explained that the plantings that have been chosen have been chosen for their good water intake. Tom said he planned to have this work done by next month.
Abutters Tina Staziuk and Janet Ross wanted it put on record that there would be a grate and fence installed to protect the culvert.
5. Ratification of Enforcement Order and discussion with Mastria regarding sewer line installation. Erika explained that Mastria was asked to come in for the Enforcement Order. She explained that they are working past their limits of work to do the sewer line easement, there was grading and filling in the resource area, degradation of wildlife habitat, stormwater erosion control problem and tree removal. She informed the Commission that the activity was being conducted in violation and that the wetland line has been revised and work was currently being done in the resource area and buffer zone. She reminded the Commissioners that they had requested at the last meeting to issue a Cease and Desist order to prevent further violation and to have Mastria
attend the meeting to review what work needs to be detailed on a revised plan as well as to recommend the next course of action. Erika stated that she had followed up by faxing all of the previous correspondence to Mr. Mastria. Mary Ellen motioned, Anne seconded to ratify the Enforcement Order. Erika explained that standard conditions allow for additional erosion prevention and sedimentation protection measures found necessary during construction by the Conservation Commission and would be implemented at the discretion of the Commission and the agents. She suggested a mitigation plan that would incorporate the current existing conditions, proposed plantings and restoration and stabilization methods, maintenance, grading and layout of the pipes. She suggested paying attention to the understory and overstory and what will be needed to close out the project.
Erika discussed the history of the project. She explained that Steve Gordon of Kirker Perry Construction, originally started the project last fall, a delineation was then approved. Steve stated that he walked the site with Erika before installation of pipe was done. He explained that there was no vernal pool delinated on the easement before they started work under an approved Order of Conditions. Steve stated that with the tree clearing and stumping, a depression was made where water had set through the whole winter and beginning of spring. He stated that he did install the sewer line per the plan and wanted to loam, seed or mulch and then be done with the p[roject. Steve said it is an easement which needs to be maintained so they can get into the sewer
line and that he was asking direction on how to proceed. He stated that John Noblin had come in and started working or looking to expand and changed his project and that delayed them from completing their work. He said that his time span has lapsed and was now looking to complete the project under the original Order of Conditions. Steve advised that a lot of correspondence is being sent to an Engineer that has not been contracted by his client. Erika provided copies of the faxes that had been sent directly to Mr. Gordon and that he was asked to forward them to an Engineer.
Erika explained that Mastria wants to go in and complete work as per original Order. Steve explained that if they recreated a vernal pool, they will not have a way to maintain the easement. Steve stated that they don’t own surrounding property and needed an easement in the first place to install this. He explained that they had hired Paul Patnaude to discuss it. Erika stated that Mr. Patnaude told the Commission at the last meeting that he was not hired for this job. Jim read the minutes from last meeting where Mr. Patnuade stated that he was really just there to gather information to advise Mr. Mastria but was not hired for this project. Jim recollected that some of the order of things are different than the way it had been presented and that the existence of the vernal
pool was undeniable. Jim stated that he thought all of the work had been stopped and that the vernal pool had been productive and contained vernal species. He recalled that a neighbor stated the pool had been there for years and years. Erika stated that at the time the Commission went out they had already graded everything, the vernal pool was inteact, and did not think that was any additional area that would be disturbed. Steve said the depression was dry. Jim explained to Steve that vernal pools are dry during portions of the year. Jim stated that after it was determined that there was a vernal pool there, there was a plan discussed that shifted things ever so slightly.
Steve said the installation was complete and then changes were discussed. Erika stated that after she and Steve did the site visit, she had gone with Jim and noticed that more area had been disturbed more then originally allowed. Erika stated that on the site visit with Steve, if the area had still looked the same as on her original site viti, they wouldn’t be sitting here today. She stated that when she went out with Jim, there was no more vernal pool.
Erika explained that there are three separate projects in progress. She advised that she had received a filing for the weir structure and that Mr. Noblin is currently working on what he wants to do on his end. Erika stated that they need to know what is going to be done to stabilize the area. Steve said they haven’t worked out there since the installation of the sewer line and have not cut trees since last fall. Anne said she saw freshly cut trees since then. Erika reiterated to Steve that the Commission was waiting for a plan, what grade is now, what is going on and what they are going to do to stabilize and restore it. Steve said he was looking for direction on what the Commission is asking them to do. Erika said it is the same exact stuff that she sent
to Mr. Mastria yesterday that she sent to Steve via fax with a copy to John Bensley.
Erika mentioned to Steve that the Commission was waiting to hear who has been hired to handle this project. Jim said if we get a plan quickly we could get the work started. Steve said he cannot go back and ask to expand someone’s property that they already have an easement on. Steve stated that if a vernal pool is installed, they won’t have access to maintain the sewer line to maintain it. Erika explained that they have a 25-foot easement across John Noblin’s property and that none of the sewer main is located on Mastria’s property. Steve stated that he has not seen any revised sketches. Erika said the revision she saw was about their section of the project. Steve said he has not seen that one. Erika said that was when Mr. Bensley
came in and that no plans have been received from anybody. Erika said the area of the project that they are concerned about is where the sewer line has been installed, not the crossing and not the weir.
Steve asked where the vernal pool was going to go. He stated that if a vernal pool is installed in the easement, they will not have access to the easement to maintain where the structures are. Erika asked what they needed to get out there to maintain the structures that you couldn’t make it around the depression that originally when she went out there was still existing and had been graded and then after it was gone after when you put in the pipes. Jim said when he went out to look at the pool after the consultant went out and said it was a fully functioning vernal pool despite some of the work that had been done around the edges. There was a portion that had been cut far in excess of 25-feet. Steve said he flagged it at 25 feet when they dug it and maybe the mud ran out
over, he would have to go out and take a look at it again. Jim said to do that. Jim said the first time he had seen the depression there was work that had gone on around one side of it and down towards the stream and that the next time he went out, it was plowed right through the middle of the vernal pool with a swath that was at least twice the 25-foot width is what he was talking about. Jim stated that area might have the room you need to maintain the sewer easement as well as putting in something. Whether it takes hold now, he said we don’t know. Jim said it was a small pool but was working and didn’t know the pool was not translated onto the working plans.
6. Continued informal discussion with Mastria regarding expansion of parking.
Erika explained that she is waiting for an indication of where the limits were going to be for the parking expansion, where the grading was going to be, if there had to be any mitigation or any replication to achieve the appropriate grades and to prevent any disturbance. She stated that Commissioner Mark Peterson suggested installing a berm, Jim suggested expanding out more to get a better area back there. Erika explained that if there is any building design changes, that would have to be reviewed through the Planning Board or Building Department and ConCom would also need
record plans so that expanding the parking and having enough grade changes which will not cause more material to go into the wetlands.
Erika explained that there is a filing in for the weir and would be heard on September 1, 2005. She invited the representatives from Mastria to come to that meeting because they were listed as abutters and it would affect the old cranberry bog dam.
7. Certificate of Compliance for 480 Paramount Drive, DEP # 269-622. Erika stated that she had gone to the site with John Schmid who requested that the haybales be removed. She stated that everything had been done and suggested issuing a full Certificate of Compliance with no ongoing conditions. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a full Certificate of Compliance.
8. Certificate of Compliance for 374 Orchard Street, DEP # 269-190. Erika explained that the work has been done and this project has Perpetual Special Conditions #2, 7, 9 and Standard Conditions #8, #21, #30 and #31. She stated that the dam would only be lowered for food control purposes. She recommended issuing a full Certificate of Compliance with ongoing conditions. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a full Certificate of Compliance with Perpetual Conditions #8, 21, 30, 31, 2, 7 and 9 and Special Conditions 8, 21, 30, 31.
9. Certificate of Compliance for Lot 5, Jamie Lane, DEP #269-501. Erika advised the Commission that Mr. Bulotsky has decided not to expand. She said that he has mulched and planted grass and recommended issuing a full Certificate of Compliance. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a full Certificate of Compliance.
10. Discussion re: correspondence regarding 241 Church Street. Erika explained that there has been much confusion between Bob Murphy’s letter and what Mr. Morreales had discussed. She suggested sending them both a certified letter requesting they attend the next meeting to explain Mr. Murphy’s letter and present an updated history of the project. Chairman Ross authorized Erika to send the letter.
11. Discussion re: Site Visit to 454 South Street West. Erika explained that Ms. O’Brien wants to clean up the brush piles that are in the wetland and plant some spruce. She also would like to remove grapevines that have overgrown and are on top of the house. Ms. O’Brien would also like to do some lattice work on the porch and finish the stone wall and fountain. Erika stated that there are many grass clippings that also should be removed along with the trailer. Erika stated that she did not see a problem with removing the grapevine 10 feet offset from house. Erika suggested that an RDA with plan explaining what she wants to do should be filed and could then be conditioned.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS
1. 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, DEP # 269-707. Tom Pozerski, Hayward Boynton & Williams represented the applicant. He presented an approved concept. Tom advised that the Natural Heritage has mandated a permanently marked no activity zone and that the area is clearly demarcated on the deed. He suggested installing a post and rail fence on the interior side of the hay bales as a condition. Tom advised that concrete bounds would be set and that signs would be installed indicating a restricted area. He indicated that the rest of the area would be spotted turtle habitat. He stated
that he has been working closely with Botanist Mark Garrett. Tom asked if the Commission had any concerns. Mary Ellen asked Tom to add the fence to the plan when he brings it in to the next hearing. Erika will create the conditions for the next meeting and would include as a condition a split rail fence to follow the interior hay bale line as shown on the plans and continue along the property of the Andrews. Tom indicated that he would have the correct plan date at that time. Erika recommended continuing this hearing. This hearing was continued to September 1, 2005 at the applicant’s request. .
2. 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. Brian McLaughlin, representative from K& J Engineering. Erika stated that Jim, Anne, Mark and she had walked the site. Jim stated that his biggest concern was the cart path as he was concerned about the possibility of a wetland crossing. Mr. McLaughlin explained that this project is an 8-lot subdivision. He stated that at the time the house, chicken coop and barn were built, the area wasn’t wetland but that with the sewer and street week, the land had become wet. Mr. McLaughlin explained that a fire road would be installed to access the
back area and that the house he is currently living in would be donated to the town where a fire sub-station is proposed. He also explained that he would be donating eleven acres of land in the back to the town. This hearing was continued to September 1, 2005 at the applicant’s request.
3. Public Hearing for a Notice of Intent for the proposed construction of a 427 sq. ft. 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 #5; the applicant is Joseph Squizzero. This hearing was withdrawn at the Request of the Applicant.
4. 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. This hearing was continued to September 1, 2005 at the applicant’s request.
5. Public Hearing for a Notice of Intent for the proposed construction of a 5,000 sq. ft. commercial building associated parking area, utility connections, subsurface disposal (septic) system, stormwater management facility and incidental site grading. The work associated with the storm water 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. This hearing was continued to September 1, 2005 at the applicant’s request.
The Commission closed the public hearing portion of the Meeting and returned to regular Session.
12. Follow up on Alexandra Drive
Erika discussed the Alexandra project. She advised that she had reviewed the files and found that four of them received Certificates of Compliance with no perpetual conditions, one sited perpetual conditions and one was never closed. Mr. Zahar was aware of the Order of Conditions when he purchased the house and would be seeing his attorney. Erika met with him and offered her assistance.
13. Policy Idea
Erika explained to the Commission the confusion on whether an ANRAD or NOI should be filed first. She suggested adding a sentence before the submission of an NOI that the applicant must have the resource areas delineated and verified through the Commission through the RDA or ANRAD unless they were heard by the Commission heard during an informal session.
14. Site visits:
Erika stated that she had gone to Mr. King’s apartment that was being leased by the Olson’s and was surprised by how much to see disturbance in the river front area. She stated that the Olson’s did not have a farm plan. She also stated that a concerned citizen said that there is dumping going on in the river. A site visit was set for Tuesday, August 30, 2005 at 5:15 p.m.
Erika discussed the weir construction. She stated that she wants a filing and wants it fixed. Erika advised that there is an 8 acre capacity of storage and this should be a top priority. She also recommended inviting John Schmid and Rich for the site visit.
Pine Tree Lane: Erika and Anne will perform the site visit for pool and deck.
186 White Street – ANRAD subdivision. Erika will call Jim when date is set.
Erika suggested that with NOI’s if the line has recently been reviewed no site visit is needed. She also asked the Commission if they would want copies of the plan to review prior to the meeting for an NOI.
Anne motioned, Mary Ellen 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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