MINUTES FOR OCTOBER 20, 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. Erika discussed the reorganization of the Commission. Commissioner Peterson suggested waiting until January, 2006 for the new positions to become effective. Anne Avelino nominated Mark Peterson as Chair, Jim seconded, unanimous vote by the Commission to nominate Mark Peterson as Chair. Mark nominated Anne Avelino as Vice Chair, Mary Ellen seconded, unanimous vote by the Commission that Anne Avelino as Vice Chair. There was a discussion on the position of recording secretary whose duties would include notarizing documents and signing payroll. Mary Ellen nominated Jim, Anne seconded, unanimous vote by the Commission to nominate Jim Ross as recording secretary. All nominees accepted their new positions.
2. Recommendation to the Board of Selectmen for appointment to the Conservation Commission. Erika explained that the second applicant for the Commission had dropped out due to timing but would be interested in working on the bylaws an would be interested in an appointment in the near future. After a brief discussion, Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to nominate David McRae to fill the vacant position on the board. Erika will send a letter of recommendation to the Board of Selectmen.
3. Discussion with Anne Wolff involving recording secretarial duties. Anne Wolff was introduced as the new recording secretary. She will fill the vacancy created by the resignation of Donna Guay. Jim Ross stated that he wanted to formally express the Commission’s appreciation for the hard work Donna has done for quite some time. He stated that he appreciated not only that she was careful and meticulous in the specific parts of the work but she also had a real interest in the work of the Commission.
4. Certificate of Compliance for DEP 269-279, 1736 Broadway. Erika advised that she had performed a site visit on October 20, 2005 for the Great American Pub. Her only concern was that there was vegetation growing up in the rock swale and should be pruned/removed at least twice a year. She suggested ongoing conditions #8, 9, 10, 17, 18, 21, 30, 36, 37, 38 and special conditions #4 and #6. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue COC with conditions.
5. Certificate of Compliance for DEP 269-548, 2107 Broadway, Savemore Trust. Erika stated that she did not have a plan of record, but did have an as-built dated September 28, 2005. She explained that ConCom and Mass fish and Wildlife has requested demarcation between fish & wildlife and wetland areas as well as the area currently used for the business. She suggested that the concrete blocks remain in place in perpetuity to be an ongoing condition. Ongoing conditions 8, 9, 10, 17, 18, 21, 30, 36, 37, and 39. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue a COC.
6. Certificate of Compliance for DEP 269-428, Lot 8A Wampanoag Trail. Erika explained there was a request submitted a long time ago and that the new owners had requested a review. She advised that the as-built dated July 26, 2000 did not match the approved plan of record but noted that the project was located further away from the wetlands. Everything was stabilized, there was no debris in the wetlands and it looked like it had been cut at least three times. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue COC with ongoing conditions 8, 9, 10, 17, 18, 21, 30, 36, 37, and 38.
7. Certificate of Compliance for DEP 269-662, 156 Stony Brook Road. Erika explained that this project was 100% built to the approved plan. She recommended issuing a full COC. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to issue full COC with ongoing conditions 8, 9, 10, 17, 18, 21, 20, 36, 37 and 39.
8. Ratification of the Enforcement Order sent to 241 Church Street, Assessors’ Map 18, Lots 36-2 & 36-3. Erika explained that Mr. Morreales asked for a postponement because his lawyer wasn’t available for tonight’s meeting. This hearing was continued to November 3, 2005 at the applicant’s request.
9. Modification of site plan for 1958 Broadway, Massasoit Greyhound Association, Inc., DEP file number 269-694 – changes include the relocation and construction of a covered truck area 235’ feet away from wetlands, the relocation of an above grade water meter building located on the 100-foot Buffer Zone line. Mr. Tom Pozerski of Hayward Boynton and Williams and Mr. Bob Kelly of Broadway Realty Trust represented the applicant. Mr. Kelly proposed a modification to the site plan to include the relocation and construction of a covered truck area 235 feet away from wetlands and relocation of an above grade water meter building located on the 100-foot buffer zone line. Erika explained that the July 12, 2004 approved plan of record did not show the covered truck area. The
building size would be 14,000 sq. ft. as compared to the original building envelope that encompassed 29,000 sq. ft.
Approval was issued on August 23, 2004. Mary Ellen asked if the storm water had changed much from the original plan. Mr. Kelly replied no. Erika suggested contacting the Planning Board to make sure they had the correct plan. Jim said there were questions about mitigation and wants to make sure everything is in the file.
Mr. Kelly stated that the original building envelope included the covered truck area. Mark said it looked like a major modification. Anne said she didn’t believe this change was minor. Mr. Kelly stated that what he was proposing within the buffer zone was scraping off the existing pavement for grading purposes and to run some trenching. He stated that he didn’t realize that ConCom wanted to see everything that was being done outside of their jurisdiction or he would have added it to the plan. Tom Pozerski advised that the revisions were more than 250 ft. away from the resource areas and that more green space would be added and less building envelope. Mr. Pozerski stated that this work is all out of ConCom’s jurisdiction and that there isn’t any more work proposed in the
ConCom’s jurisdiction. He added that nothing was being done up top in the riparian zone either. Mark asked if everything being done in ConCom’s jurisdiction was either the same or less. Tom replied yes. Jim was wondering if there might be some interested citizens who might want to participate in this process at this level because the plans look very different. Erika stated that she did not have anything in the file from John Schmid’s review and what he said about the storm water. She advised that if the review was not done, she would pay out of the filing fee for this documentation. She said she would follow up with the Planning Board on when they closed this hearing and if their plan matched the approved plan of record. Mary Ellen asked if the stormwater change much due to the change from the original plan and was advised by Mr. Kelly that it did not. Jim said he wanted to make sure that all of the documents
were in the file. Erika discussed their options as either a minor amendment, a major amendment with notification to abutters or a major amendment that requires a whole new filing. Mark said he did not see the snow stockpiling area or proposed water meter building on the plan which is in ConCom's jurisdiction. Mr. Kelly explained that there is an underground vault with a shed on it where the meters are and that it is leaking and rusting out. He proposed connecting the pipe up and moving it above ground. Erika asked why the storage area was not fully enclosed. Mr. Kelly replied that it was just to keep the water off the sludge material, a DEP requirement. The area will be paved and bermed. There was a brief discussion on the plantings proposed. Jim was concerned that the scales did not appear to be the same on the plan. He asked Mr. Pozerski and Mr. Kelly to come back with a plan showing the correct scale and snow storage
moved outside of the area. Erika will also confirm the documentation. Jim advised if the Commission’s recommendations are incorporated into the plan, this project could be closed at the November 3rd meeting. This hearing was continued to November 3, 2005 at the applicant’s request.
10. Discussion with Mastria regarding sewer line installation. Tom Pozerski represented the applicant. He explained that he had spoken with the Garret Group, reviewed the files and had spoken with the contractor and the client and both property owners and found some interesting facts. He noted that no formal permit was done and that the only permit done by the engineer was for the Mastria lot. He stated that the wetland line that was approved and an ORAD issued did model the wetland line reflected on the Order of Conditions and the plan. The Order of Conditions that was issued for the work was for only the Mastria lot. He noted that a lot of ENSR revisions that are not incorporated into the plans. The plan work encompassed the entire project. Tom stated that
some of the issues reference a vernal pool contained down the easement, a second vernal pool in the woods. ENSR date 11/04 dug 17 holes in that particular depression found it to be non-hydric and that they found a suspected one further in the woods on the left side. Tom said there were issues regarding work near the steam because of some minor siltation which may have washed under from the heavy rainfall. Tom explained that the design engineer did not know from working on the Noblin/Mastria side where that last manhole to the next manhole where that stub ended up and that there is a note on the plan that states to be determined in the field. Tom advised that there were six trees cut, not four near the hay bale line. Tom explained that there was a discussion on vernal pools so 17 holes were dug and found not to be hydric. He explained that six trees had been cut near the hay bale line which should not have been removed. He suggested
finishing up the project, and stabilizing the area for maintenance purposes. He estimated two days to correct the gravity soil connection, put in one more gravity soil manhole, cut in the sewer main put in a honey cut connection on that one, back blade, seed, mulch and loam and done. Jim said that it bothered him to see an area of destruction 60 ft. wide just to install a pipe. Erika stated that the approved NOI plan to allow the work had a different wetland line. It was requested of Tom to stake out the easement that is to remain as grass, any areas is ok to have small shrubs. The cut trees removed must be replaced. Tom was asked to make sure Mr. Smith’s boundary marker was installed where his property boundary is located.
Tom surmised that because of the findings, Mastria should be issued a Certificate of Compliance. Time of year we are quickly running out of growing season. Tom requested the Commission allow a manhole to be installed for maintenance purposes and that he is allowed to complete the work. Erika said in order to clean this all out is we can have an as-built which will show all of the gravity work that hasn’t been done yet as well as all the stabilization and replanting and everything else that hasn’t been done. Tom’s said his primary concern is that it needs to be fixed soon. Erika asked Tom if he could get a plan to ConCom indicating what is left to do on the project before the November 3rd meeting. She suggested that we push this forward due to coordination of other aspects of the
project. Erika asked Tom that he needed to look at the areas that went beyond what was already approved and plant pepper bush which would add to the clarity.
Erika clarified to Tom that he would have to stake out the easement that would remain as grass and that any areas that were on the new wetland would be ok to plant small shrubs. The area where the trees were removed must be replaced and he must show more or less what is to be done with the gravity system. Jim said it would be easier if we had everything put together. Erika said the weir construction going on could be combined together. Erika suggested waiving the one week deadline so the hearing could be moved along. This hearing was continued to November 3, 2005 at the applicant’s request.
11. Discussion re: File 269-644, Benevides, Prospect Hill Street, Map 3, Lot 25. Erika explained that she and Mark had gone to the site because there had been a lot of interest in this parcel because they had been told the property is sub-dividable. Erika and Mark agreed that the house plan did not match the approved plan of record. She will speak with Rod and will also invite the applicant to come in to discuss.
12. Approval/Editing of minutes of the September 15, 2005 meeting. The Commission agreed to table the discussion on the minutes until the November 3, 2005 meeting.
13. Approval/Editing of minutes of the October 6, 2005 meeting. The Commission agreed to table the discussion on the minutes until the November 3, 2005 meeting.
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-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 discussion was continued because Tom Pozerski wanted to contact the MBTA. Roger Stolte and Mr. and Mrs. Ross are also interested in attending the meeting. This hearing was continued to November 3, 2005 at the applicant’s request.
15. Continued informal discussion with Mastria regarding expansion of parking lot. Erika explained that Tom Pozerski will be handling this project if Mastria decides to expand the parking lot. At this time, Mastria has tabled everything pending the enforcement order issue per Tom’s request. This hearing was continued to November 3, 2005 at the applicant’s request.
7:30 P.M. Formal Session
1. DEP #269-0754. A Public Hearing for the filing of an Abbreviated Notice of Resource Area Delineation that is being submitted to confirm the boundaries of 2,051 feet of bordering vegetated wetland and 196 feet of isolated vegetated wetlands for 38 Bridge Street, Assessors’ Map 3, Parcel 26-1, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by Jose Awais. Leanne Bradley, Outback Engineering represented the applicant. She explained that the delineation had been done in November, 2004 which showed approximately 2,000 l.f. of forested red maple swamp. She indicated that 85 wetland flags had been staked. Mark said he had walked the line but could not read the flags and that between Flags 38-31 all of the flags were missing
and that the flags found were Walter Hewitson’s flags. Erika said when the files came in with the notes of the file it indicated IVW for resource area but on the plan it said ILSF. Erika wondered if soils tests had been done in that area and or in the coral area because it looked like they had been connected at one point. Mark said he believed the backyard is a wetland and requested soil samples. BLSF should be looked at for flood storage. Mr. Joseph Cardoso of 42 Bridge Street stated that about three-quarters back off the easement there is a very low spot that fills with water every year and remains until March. He gave Leanne permission to go onto his property. Jim explained to Mr. Cardoso that this hearing is to determine where the resource areas are located.
Erika suggested that the Commission waive the one-week deadline due to the amount of work ahead. This hearing was continued to November 3, 2005 at the applicant’s request.
2. DEP Number – Not Issued
A Public Hearing for the filing of a Notice of Intent for the construction of a subdivision roadway and two houses with associated grading and utilities. A portion of the roadway will require filling a portion of bordering vegetated wetland under a limited project status. The project location is 30 Robinson Street, Assessors’ Map 1, Parcel 27 and 28, Town of Raynham. The Notice of Intent is being submitted by Hanson and Associates, Inc. Mr. Kevin Walker represented the applicant. He was requesting a 9th building lot and in return would supply a turnaround and extension of the looping of the water main 2,200 to 2,500 feet to connect to the end of Robinson Street and also provide the town 9.95 acres of land for a possible future sub-station. The turnaround would be in the
buffer zone. He proposed building retaining walls a couple of feet high in the right-of-way to reduce the amount of fill and that approximately 600 feet of the roadway would be in the Buffer Zone. Mr. Walker also provided a 2-acre lot which would become part of the right-of-way. The turnaround would be located outside of the Buffer Zone. A total of 4,300 sq. ft. would be filled, and there would be a replication area of 4,500 sq. ft. Approximately 600 ft. of the roadway would be in the Buffer Zone. The detention basin would be shallow, only 3 feet deep and would be located approximately 300 feet away from the BVW in the rear of the parcel. Mr. Walker proposed to build two houses and grading on Lot 7 which would have municipal sewer and water. Erika discussed a letter received from NESHAP and recommended that Mr. Walker contact NESHAP to discuss the project because it sounded like NESHAP suspected the parcel contained a stream. Mr.
Walker stated that the Planning Board wants to put a cul-de- sac at the end of Robinson Street and had asked the town to allow an easement or lot to put a cul de sac in the future. This hearing was continued to November 3, 2005 at the applicant’s request.
3. 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, 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. Erika explained that this hearing was continued because the applicant has not received the record from the Planning Board when the project was denied. This Public Hearing was continued to November 3, 2005 at the applicant’s request.
Site Visits
1. Abbreviated Notice of Resource Area Delineation is being submitted to confirm the boundaries of 1,245 feet of bordering vegetated for 1649-1651 New State Highway, Assessors’ Map 16, Parcels 55-7, 56, 57. She asked that a Commissioner accompany her to this site visit.
2. The Notice of Intent is being submitted for the construction of a subdivision roadway and two houses with associated grading and utilities. A portion of the roadway will require filling a portion of bordering vegetated wetland under a limited project status. The project location is 30 Robinson Street, Assessors’ Map 1, Parcel 27 and 28. Erika stated that there is no need to go to the site since it was previously discussed.
3. The Request for Determination of Applicability is being submitted for the construction and installation of a 6’ by 29’ covered porch to be attached on the west side of the house at 972 Pine Street, Raynham, MA, Assessors’ Map 13, Lot 70. Erika will perform this site visit.
4. The Notice of Intent is for the construction of a single family dwelling with associated grading and utilities within the 100-foot Buffer Zone to a BVW located at Lot 1 Crimson Street, “Lincoln Woods”, Assessors’ Map 4, Lot 188B-1, Raynham, MA. Erika explained that Dan Giosa of SITECH said that he believed this project was approved. She asked for any information that the Commissioners had regarding this project because it was prior to her employment.
5. The Notice of Intent is for the construction of a single family dwelling with associated grading and utilities within the 100-foot Buffer Zone to a BVW, and a driveway and utility crossing through a BVW, located at Lot 22, Crimson Street, “Lincoln Woods”, Assessors’ Map 4, Lot 188B-22. Erika will follow up on #4 and #5 with Dan Giosa.
6. Site visit with DEP at 977 North Main Street, October 25th at 9:30 a.m. Chairman Ross advised Erika that he will attend this DEP meeting.
7. Gardiner Street, Dam Repairs. An emergency certification was done. Mr. Stolte is working with the DEP and hoped to have an update early next week.
8. Complaints for Agent to follow up on and report back to the Commission re: 707R Broadway and 1 Arnold Drive/5 May Avenue. Erika stated that she had gone to Arnold Drive but no one was home and that she will follow up. She explained that the Broadway complaint was that somebody was expanding on a wetland area. Erika advised that the old map and lot number had changed and that she did not think this would be an issue. She will keep the Commissioner’s advised.
5 May Avenue is that the gentleman there is dumping debris on the Arnold Drive property which is a water resource protection. She will track this complaint.
Erika said she will do the site visits for 3 and 4 and 5.
Anne discussed her concern with 241 Church Street. Erika stated that she had received a phone call Mr. Morreales regarding this project. She stated that at the next meeting if the Commission so voted, the Enforcement Order would be ratified and that all the documentation would be turned over to the DEP.
Take Home:
1. Affidavit from Bridgewater. Erika stated that she had spoken with Rod and it was agreed that this affidavit could be adopted, modified and tracked for Conservation purposes but that it was not necessary to have a copy of it at the Building Department.
2. Erika distributed copy of warrant from the purchase of the Newton Property for the Commission to review in relation to the Sullivan School project.
She stated that she did research with Mr. Bettencourt on available parcels for the town hall and used certain criteria. They found almost 80 lots which are owned by the town. Erika said that she and Mr. Bettencourt will work with Rich on incorporating information into the alternatives analysis per the Commission’s request.
3. Don McKinnon letter regarding the town hall was distributed.
4. 691 Broadway. Erika stated that there was a real concern of flooding at the “Daycare Center”. Erika explained that John Schmid and Roger will be going out to the site.
5. Mass Wildlife Geese Info was distributed.
6. Erika advised the Commission that all public hearing notices will now be given to the Town Clerk and one will be posted on the Town bulletin board for public information.
Jim discussed Johnson’s Pond. He stated that if the dam was taken down, there would be no more concern of flooding down the river. He stated that there would be approximately 30 acres of pond that if worked correctly could have fishing holes, walking trails and picnic areas and would be a different recreational and resource area for the town’s people. He explained that there is a safety factor and that by removing the dam, the river herring would have a much larger spawning area. Erika said she will ask Roger for a list of dams and ask for his suggestions. She suggested that subject should be discussed at the next Department Head meeting.
Mary Ellen 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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