MINUTES FOR OCTOBER 6, 2005
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Mary Ellen Rochette
Anne Avelino
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Reorganization of the Commission
Chairman Ross announced that there is a vacancy on the board and wondered if any of the candidates for the vacancy were at the meeting tonight. Chairman Ross introduced candidate David McRae. He asked Mr. McRae speak about his background and his interest in serving on the Conservation Commission. Mr. McRae explained that he has lived in Raynham 15 years and has seen the town grow. He has not had any formal conservation training but has been an active outdoor person for 30 years. Mr. McRae is a full-time firefighter/EMT for the town of Easton and asked if the Commissioners had any questions. Chairman Ross explained that part of the job is enforcing the wetland laws and that a lot of times problems are caused by friends and neighbors and asked David how he would feel about that. David stated that he did not
have a problem stepping up to the plate and that he has a strong will. Chairman Ross advised that the conservation background was not an issue because there is ample training available to him. Chairman Ross explained that no one is exempt from the Wetlands Protection Act whether it is a large corporation or a single family, the rules apply to all. Erika said that she is trying to acquire associate members into bylaws and that other departments are also thinking of expanding their membership. Jim explained to David that ConCom can only make their recommendations and that it is the Board of Selectmen who appoint and hoped to move quickly in filling this position.
Chairman Ross explained that the Chairman position is reappointed yearly. He suggested and hoped that Commissioner Peterson accept the position as Chairman. Commissioner Peterson stated that he would like to think about it and will give Chairman Ross his answer at the next meeting. Erika suggested that adding a Recording Secretary would take over the duties of processing paperwork. Chairman Ross said it is important to have change but would still remain active. This discussion was tabled to the next meeting.
2. Discussion re: Spill on Route 24
There was a discussion involving the spill on Rte. 24. A representative from Exxon/ Mobil Corporation was present to update the Commissioners on this incident. Chairman Ross commended Vice Chairman Peterson and the Raynham fire department for their quick response to this situation. Mr. LaMarre stated that his job was for the remediation and presented a brief scenario of what had transpired since the spill. He stated that an area 70 x 70 from the toe of slope backwards, has been cleared, excavated and sampled.
He said he believes very strongly that they have recovered everything that has been in the soil and water. He explained the process used in containing this spill. He explained that the clean-up process is very cumbersome because the material needs to be taken up a 20 foot slope and loaded on trucks. He advised that MA highway has allowed them to use one lane but can only work between the hours of 10 a.m. to 2 p.m. daily because of the safety and backup of traffic. Mr. LaMarre discussed the site. He discussed the layers of soils and material which was found during this cleanup and that the clean-up should be completed within a week. Mr. LaMarre talked at the site. He discussed the type of soils which included layers of silt and clay. He explained that all material has been peeled back 6-12”of
gravel. He stated that large rocks 6”-8” stones or rip rap 6-8” has been installed. Very rich top soil or loam blended in with peat moss to match existing will be put down.
A series of slides have been taken on what was found there and everything had been identified in the area. He stated that they found red maple, eastern white pine and swamp white oak. Mr. LaMarre stated that they are preparing a planting grid and will be planting 10-12’ tall trees. In addition to gravel and top soil, trees and branches that were cut will be chipped and distributed to add additional organics. Jim wanted to make sure that none of the materials being chipped were contaminated. He was assured contaminated materials would not be used. Mark asked how many gallons had spilled. He was advised that they had pumped out 500+ gallons from the tanker and estimated approximately 2,000 to 2,100 gallons had spilled. Mark asked about the absorption. He was advised that a sump was dug
15’ off toe of slope in the heart of the slope, down 6’ where they could see water. The water was pumped out and rechecked again. Mr. LaMarre stated that between first night and next morning they had recovered approximately 600 gallons of pure product. He stated that putting in the sump early had helped. He said that because of the consistency of the clay layer under sand and gravel, it took a long time to absorb. Erika said they had spoken to the Board of Health and asked if there were any wells in the area and were notified that there were two wells located off of Orchard Street. ConCom was advised that the plantings would go in before first frost and would help to fortify the edge of the stream. Seed would also be spread and the monitoring wells would be removed at some point. Jim asked because of the short amount of time allowed to work each day if further damage was occurring. He was assured that everything was
contained and there was continuing monitoring.
3. Emergency Contact Information for Spills
Erika distributed a handout regarding Emergency contact for spills.
4. Approval of a modified plan for the Village at Foxwoods, Old Carver Street, Map 4, Lot 121A, File number 269-687. This plan was approved with minor modifications as a matter of updating the plan of record to match the plan approved by the Planning Board.
5. Land donation on Forge River Parkway
Erika discussed the plan for the land donation which will be on the agenda for the November 15th town meeting. She explained that the plan showed the Forge River Parkway, Lot 25 which is Park & Rec, easement for the Highway Department and ConCom piece. It was noted that the wetland replication issue remains to be discussed. Erika will speak with Mr. Antine.
6. Discussion re: Enforcement Order for Map 1, Lot 19, 1958 Broadway DEP File Number #269-0741. Mike Quatromoni represented the applicant. It was noted that this facility will be located outside of any wetland buffer zone and that Patriot Recycling will construct an infiltration berm and place hay bales and siltation fencing between operations area and buffer zone to insure that no siltation occurs in the wetland. Erika asked for a clarification of the word “facility” and asked if Mr. Reagan should pull back any piles of material associated with Patriot Recycling from the buffer zone because some of it was within the 100-feet. She also asked if there was going to be a structural facility at some point. She discussed the letter received from DEP.
Erika asked if there was going to be a definitive separation of both companies. She was advised that they had to show where the operations begin and end for the DEP and that there will be a stone berm as a permanent separation and that a delineation had been done in order to prepare the plan for the DEP. Erika said that her concern was that any wetland line must be approved through the local ConCom in the event the line shifts. She advised that an ANRAD or RDA be submitted immediately for this portion. She explained that the RDA was good for three year and could be approved and that the ANRAD is also good for three years and could be extended. She advised Mr. Quatromoni to maintain the flags. Mark asked about loam storage and that it is a super sensitive area. They said they have no problem with
putting in the blocks in if ConCom wants. She stated that if the blocks are put in at the 60 foot mark for that portion they would not be going against what DEP has said. Erika repeated that an RDA be submitted immediately for the line so it can be approved and then submit an RDA for the loam pile itself and associated items. Erika will perform a site visit to verify that the blocks have been installed in accordance with DEP’s request. A deadline for submitting the RDA was set at October 20th.
7. Approval/Editing of Minutes of the September 15, 2005 meeting. Postponed until October 20, 2005.
8. Erika stated that she has received Donna’s resignation and that the reason that Donna has resigned is because of her workload at her new job. Erika advised that her old secretary, Anne Wolff, has applied for the position and would be at the next ConCom meeting on October 20th. Erika said there will be a new look to the minutes because she is in the process of restructuring them.
9. Erika discussed the new meeting schedule. She advised that there is a snow date for the meetings and that if a meeting is rescheduled due to snow, it would conflict with Planning Board meetings. A different location for the meeting will have to be determined. As a reminder, the bylaw meetings will begin at 6 o’clock. She indicated that the meeting posting has been posted in such a way that it indicates that public hearings may or may not be scheduled after 6 p.m. at the discretion of the Raynham Conservation. This notice has been sent to the Taunton Gazette.
10. 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.
Erika explained that this hearing was continued because Tom had read through the file and was going to speak with Roger Stolte and determine what the appropriate course of action is. . This discussion was continued to October 20, 2005.
11. Ratification of Enforcement Order and discussion with Mastria regarding sewer line installation. This discussion was continued to October 20, 2005
12. Continued informal discussion with Mastria regarding expansion of parking. This discussion was continued to October 20, 2005
7:30 P.M. FORMAL SESSION
1. DEP Number – not issued. Continued 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. Erika advised that this plan had already been approved but this hearing could not be closed because no DEP file number had been received. The DEP File #269-0751 has been received. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated June 20, 2005.DEP Number 269-0747.
2. Continued Public Hearing for a Notice of Intent for the proposed re-development/restoration/expansion of the former Sullivan School and grounds to house the new Town Offices, including the construction of new parking infrastructure, landscape improvements, and resource area enhancement; the site is located at 558 Main Street, Assessors’ Map 11, Lot 220; the applicant is the Town of Raynham.
Paula Thompson from Waterman Design Associates, the Project Engineer, represented the applicant. She wanted to discuss the Alternatives Analysis, the planting plan and the breakdown of numbers on the riverfront, regarding impervious and disturbance.
Chairman Ross clarified that he was concerned that the direction of the expansion was what concerned him because it might go in the resource area. Paula gave an update on the Planning Board meeting. She stated that they had reviewed project and closed the hearing and had approved the project with a few waivers. She explained that the Planning Board approved waivers that were in ConCom’s interest. She stated that the requirement for distance from the existing paved street to the first parking space is 40 feet and a waiver was received for 28 feet. She said the Planning Board allowed everything to stay closer to South. Main St. She distributed a drawing dated September 20, 2005 for ConCom’s review. Paula explained that the other waiver received was to allow no curbing along the back of all parking
spaces because of the drainage system. Paula explained that with the open drainage system, impermeable pavers and rain gardens would allow more water quality.
Erika explained that there were problems at the URI campus so they decided against porous asphalt mix. She asked the Commissioners if they wanted to discuss the Alternative Analysis. Jim said the report he had was not sufficient in scope or detail and asked for additional comments. There was a discussion with Joe Bettencourt and the Town Planner, Richard McCarthy on the needs of the police and fire departments. Placing the town hall behind those departments would not be feasible because of its access and the possibility of acquiring additional property to accomplish this. It was noted that a 25-foot buffer is required in residential neighborhoods. Zoning has a height restriction of 32 feet which would cause limitations on future expansion on vertically or horizontally. Joe stated that the nice thing
about this location is that it is a re-use of a building, more sustainable approach to development and something that state is pushing down on communities as far as grant’s go. Joe Bettencourt said during the feasibility study preparation, the same amount of space for new construction would be $385,000. He added that due to exporting, costs have been driven upward. He mentioned that costs would be $500,000-800,000 for new construction because of the new components going into a new building with brick and same design as current town hall. Mr. Bettencourt discussed Titicut Road which was purchased as a possible recreational facility location and wouldn’t make any sense to put a town hall at a dead end street.
Anne asked about the 15-20 year plan. Erika stated that there was a lengthy discussion on the parking spaces during the Planning Board meeting. Jim stated that if you’re thinking of expanding later, 70 parking spaces will not be enough. Jim said if this Commission approves this project tonight that it is very likely that there will be some conditioning that you are looking at absolute maximum, maybe more than the maximum that should be allowed to be put on this particular site. Paula said that the discussion with the Planning Board was about the number of parking spaces and if 70 spaces were needed. She said there is a 60 seat meeting room, 23 employees right now and that there is parking along South Main Street which would serve as an overflow. Maybe now you won’t see all 70
used, but in the future, in the corner of the building there is a future expansion. She stated that the Planning Board has approved the plan before ConCom utilizing the same 70 parking spaces. It was noted during the Planning Board meeting that in the future they would not increase the number of spaces. This will be the amount in perpetuity.
Jim asked to review the future location. Mark asked if the upgrading of the highway on the opposite of the street had been taken into consideration. Joe said he spoke with the state engineer and that they are expanding the sidewalks into the roadway about one foot. They are narrowing the road but it will it be ok for overflow parking.
Jim said he wanted to talk about the numbers. Mary Ellen asked Joe if the town took by eminent domain the land they did not have deeds to. Joe replied that have deeds and that Marc Antine has certified the title. Paula stated that the disturbed area under existing conditions is 42,220 sq. ft. To compare proposed in riverfront 8,915 s.f. and the area proposed being disturbed under proposed conditions is 30,300 s.f. She explained that this figure has decreased because they have eliminated the bus entry drive and that 100-ft. RA is being restored and re-forested. The rain garden the grass settling basin is included. She also listed permeable pavers separately in the calculation at 5,500 sq. ft.
There was a discussion on the type of snow plowing equipment. Paul advised that they were working on a snow program which needs to be finalized. It was noted that the pavers can withstand the snow plow and that there is no problem with salt and sand. Jim said that the plan had come a long way and that the existing impervious has been reduced by 150 s.f., and that the disturbed area was reduced as well. The permeable paver, permanent alteration, has increased by 5,500 sq. ft. but has been done in a fashion that increases over the existing pervious of the site.
Erika discussed the planting plan. She explained that Jeff has put a lot more information into the charts and most likely purchased the plants. They will place the plants before digging and will notify ConCom so a visit can be made. Mark asked if the contractors will warrant the plantings for a year. He was concerned that if something was planted that could not survive Raynham would have to pay for replacements. Erika replied if the contractor has copy of order indicating that ConCom requires 75% coverage before it is signed off. Jeff said there is definitely one year guarantee. A favorable point was that they are taking into account putting the water back because the storm water seminar is emphasizing the recharging of this permeable paver system and rain garden system. Jim turned to the
audience for comments/questions. There was a brief discussion on future expansion regarding installation of concrete pavers, disturbance of the RA and that the parking spaces would have to be re-figures and islands removed. Erika suggested having them redraw the plan for the Planning Board for minor modification and return to ConCom. This hearing was continued to November 3rd at the applicant’s request.
Judy Christine had a couple of questions. She referred to the breakdown for the existing site and proposed site where 42,020 sq. ft. was disturbed area. Judy referred to the regulations regarding Redevelopment within previously developed riverfront areas and that there was no where in that section where they used the word disturbed but did use the word degraded. She asked Paula if they were using the word disturbed as an alternate for the word degraded in the regulation. Paula replied no and stated that degraded is defined only as impervious areas or areas devoid of top soil. Paula said she was using another section in the riverfront regulations but could not remember what the section was. When you calculate disturbance numbers, you calculate the entire area being graded or worked on the site. Chairman Ross
indicated that the Commission had cleared up any confusion as to the words degraded or disturbed early on in the hearing process.
Judy said no that she was trying to make a comparison and referred to George Andrew’s project where he had a field area that was mowed a number of times a year and that the DEP considered his grassed area as disturbed. Mark said we are talking about the Sullivan School and should focus on it, and not bring up other projects. Jim said that the Commission would take that under consideration. Erika said she was waiting for the DEP to set up a site visit to Mr. Andrew’s property. Erika explained that the DEP has not made a final decision as to whether or not the grass is considered disturbance. Since there has been no final determination on that disturbance yet, the statement made by Ms. Christine was not correct. Judy said as a citizen at the time when the article was voted on at the town meeting to purchase
the Newton land, clear indication was given to the fact that the express purpose of having the space to build the town hall and stated that she purposely does not agree with the alternatives analysis as presented. She said she believes the citizens voted for what they believed was a base for a future town hall and that it was rather disconcerting.
A representative of the Board of Selectmen, Mr. Don McKinnon discussed the connection to the Newton land behind the town hall. He stated that there was a sale of property and that a piece of the puzzle was lost and that there was no longer adequate frontage. He explained that there would have to be land takings in order to build a town hall back in the Newton land. He further explained that relocating police and fire onto South Main Street was not desirable for the residents or in regards to safety. Mr. McKinnon stated that the original idea for the town hall to be built at the Sullivan School site came from the Historical Commission in order to preserve and upkeep that property.
3. DEP Number – Not Applicable. Public Hearing for the filing of a Request for Determination of Applicability is being submitted for the verification of bordering vegetated wetland flags numbered A28 through A34 and the installation of an 18’ x 36’ in-ground swimming pool with concrete decking and fencing surrounding it, at 116 Deer Hollow Trail, Raynham, MA, Assessors’ Map 15, Lot 98-7, the applicant is Mark Hall. Mr. Hall explained that from the back of the house the parcel goes back 30 ft. and drops 12-13 ft. and is full of boulders. He explained that some of the area had been cleared to have a little yard and that both the silt fence and hay bales on the left side of the lot had deteriorated. The only feasible spot is within the 100-foot buffer. He presented an updated
plan. The limit of work is outside of hay bale line. The shed that is where the equipment would be housed. All work will be outside the 50-foot limit of work and would be defined by a hay bale line. The entire stairway as proposed will be outside the 100-foot buffer zone. Two section of the retaining wall, approximately 10 feet, are within the 100-ft. buffer zone. Mark said he would like the hay bale line to wrap up tight to the property line to give a tight working area and asked if the boulders would become part of the landscaping.
There will be a fence just outside of the 50-foot line. A condition for a natural barrier and list of plants was suggested. There will be some wetland planting and conservation mix and leveling behind fence outside pool. The stairs would go into the Buffer Zone. The retaining wall would be close to the 100-foot Buffer Zone. Erika suggested that the plan be amended to add a little enclosure to describing everything like that that can be included with the request application and then it could be closed out. She explained that an RDA does not allow for modifications. Erika advised Mr. Hall to ask for plan modification and add additional description of work. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated October 6, 2005 with conditions.
4. DEP Number – Not Applicable. Public Hearing for the filing of a Request for Determination of Applicability is being submitted for the installation of a 20’ by 40’ in-ground swimming pool with decking and associated grading, at 241 Hickory Drive, Raynham, MA, Assessors’ Map 2A, Lot 20-6; the applicant is Brian Mills. Erika said she does not see any problems with anything for this project. The only thing omitted on the plan which should be added is a horseshoe of hay bales along the further most edge. She explained that the board could issue a Negative 1 but for the fact there are some existing wetlands but would be over grass and is one of the exempt activities right now. Erika suggested using the standard conditions for Request for Determination of Applicability for work in the
Buffer Zone and the only recommendation would be to insert a horseshoe of hay bales on the plan. Mark recommended not stockpiling of material. Erika will add Condition #9 for no stockpiling of materials within the 100-foot Buffer Zone. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve the plan dated December 22, 2004 as a minor modification.
5. DEP Number – 269-0752. Public Hearing for a Notice of Intent is for the installation of storm water management water quality structures, grading, site landscaping, and a parking area associated with the development of a medical office building. The site is located at Paramount Drive, Assessors’ Map 15, Lot 176-4, Raynham, MA. The Notice of Intent is being submitted by Ryan Welter and Skye Enterprises, LLC. Mr. Dan Feeney, Beals & Thomas represented the applicant. He indicated that at the last meeting, there were some outstanding issues which he wanted to discuss. He stated that he has received the approvals from the Planning Board and included conditions to add drop out spaces at the entrance, incorporating some bollards on either corner of the building, and including additional
signage at the entrance. He advised that all the changes have been made. Mr. Feeney stated that he has incorporated on the plan ConCom’s request to move all work outside of the 25-foot No touch Zone. There was a brief discussion on slowing down the discharge. Mr. Feeney explained the changes made to slow down the flow before it entered the wetlands. Chairman Ross stated that all of the Commission’s concerns had been met. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated October 4, 2005.
6. DEP File Number – 269-0738. Continued Public Hearing for a Notice of Intent for the proposed construction of 5,000 vs. commercial building associated parking area, utility connections, subsurface disposal (septic) system, storm water 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. Erika explained that there are issues with this project because the Planning Board had denied a waiver. She commented that if the Commission issues a denial, they must be very specific and based on the eight interests of the Act.
She suggested that the Commissioners do a thorough review and would rather have it tabled than have them backed into a corner. Erika also stressed that she does not tell anyone that a project is not doable until either the Conservation Commission or the DEP denies it. This hearing was continued until October 20, 2005 at the applicant’s request.
7. DEP Number – Not Issued. Public Hearing for an Abbreviated Notice of Resource Area Delineation for the verification of 13,500 linear feet of bordering vegetated wetlands at Locust Street, Map and Lots as follows: Map 9; Lots 207-1B, 207-9B to 11B, 207-12 to 14, 207-17B, 207-19B to 38B, 207-37A, 207-40B to 42B, 207-44B to 46B, 207-48, 207-51, 208-1B, 208B, 209B, 209-1B, 209-3B to 10B, 209-15B to 16B, Map 10: Lot 31-1B to 5B, Map 12: 219 1-B to 10B, 219-16B to 19B, Map 13: 31-8B to 11B; the applicant is Donald Schute of Broadway Realty Trust. This hearing was continued to November 3, 2005 at the applicant’s request.
8. DEP Number #269-0746. Public Hearing for a Notice of Intent for the construction of a paved turn around and parking area on an existing gravel road (Rogers Way); located at 977 North Main Street, Assessors’ Map 5, Lot 70-2, Raynham, MA. The Notice of Intent is being submitted by Shawn Cairns. This hearing was continued to November 3, 2005 at the applicant’s request. Erika said she has received a request for a Superseding Order of Resource Area Delineation for the Cairns project which the Commissioners received in their packet. She stated that a site visit is scheduled for October 25th at 9:30 a.m. Erika stated that some abutters are concerned that some areas had not been delineated. A brief discussion followed.
Anne motioned, Mark seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 10:00 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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