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MINUTES FOR NOVEMBER 3, 2005
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Mary Ellen Rochette
Anne Avelino
Erika Ueberbacher, Conservation Agent and Anne Wolff, Recording Secretary.
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Recommendation to the Board of Selectmen for appointment to the Conservation Commission. Jim Ross spoke to David McRae concerning joining the Commission. Jim passed on the news that the Selectmen have approved David’s appointment and that he should be receiving formal notification in the mail soon. Jim expressed his wishes that David would be sworn in soon enough to join the Commission as a fellow member for the November 17, 2005 meeting and formally congratulated him.
Jim brought up that a town meeting was coming up on 11/15 – Article 27 concerns establishment of a permanent town building committee, which he noted was a topic of discussion at several Cons Com meetings. This committee is a way for the Cons Com Agent to help guide the process for certain projects or feasibility studies earlier in the process before the projects would normally reach them. Conservation Agent to be a part of this committee. Erika spoke with Mr. Buckner about the process of choosing a chairman for the new committee.
3. Ratification of the Enforcement Order sent to 241 Church Street, Assessors’ Map 18, Lots 36-2 & 36-3. Jim asked Mr. Moreales if he could come back at the Nov. 17 meeting since his lawyer was unable to attend. Erika asked if he could have his lawyer fax a letter requesting postponement to November 17, 2005.
Discussion re: 691 Broadway. Roger Stolte was present for this. Mark Manganello and the applicant Paul Martin present. Flooding problems discussed. Roger was asked by the police/fire departments to investigate the area in question. Roger had pictures available for the commission to view. There was water flowing between hay bales and silt fences. Snow and frost could cause more flooding to homeowner’s furnace. Roger recommends removing hay bales and silt fences from the parking lot and re-grade that area to allow that area to act as flow line. Replication portion of the project is not yet completed. Erika pointed out that it is still an open order of conditions. Roger suggested removing the berm on the asphalt. He commented that there was no need for siltation on lowlands
holding water. Roger referred to Mark’s letter of recommendations. All haybales will be removed in that section. Mark pointed out on map what would be removed. Maryellen motioned to grant emergency action that is outlined in Mark Manganello’s letter. Jim seconded the motion and the commission voted unanimously to continue the discussion on November 17, 2005.
Discussion re: Gardiner Street Dam. Roger Stolte present for this. Erika visited the site. Roger shared pictures. 2 ft. of water forced the dam to break and the road to be closed. Roger asked the commission how to proceed. Roger had called Erika, informing her that action needed to be taken. He called the DEP Lakeville and was put in touch with DEP dam safety and given emergency designation of 30 days to do repairs. Roger feels that the Town needs to address reconstruction of the spillway as well. Roger authorized a hydraulic study to determine what kind of space would be needed beneath the bridge. Started repairs. He is not sure that repairs will be done by November 15, which is the end of the 30 day permit. Roger’s consultant drafted a letter to file a permit, which
must stay open and then be amended as needed. Erika said that this would have to count as some form of an NOI. Erika doesn’t believe that an ORAD must be filed. Erika was concerned about if the Commission would need a consultant review and would contact John Schmid to determine if he has the expertise to review this type of project.
Continued informal discussion with Tom Pozerski of Hayward Boynton & Williams regarding work done by T&M Realty Trust that involved the installation of a culvert under the MBTA rail bed, along with other associated work, in an area located northwest of the intersection of Britton Street and King Philip Street and approximately 500-ft. north of the old stone railroad bridge that crosses over King Philip Street between Broadway (Route 138) and Prospect Hill Street. Roger Stolte, Tom Pozerski, and Janet Ross present. Roger emailed, in letter form, an opinion on this matter to the commission. Erika stated that the planting plan is valid, that it requires follow up and that Roger’s letter speaks to that. Erika also pointed out that the MBTA needs to contribute an opinion. Judith
Christine spoke to whether or not the culvert was illegally installed. Judith Christine did not believe that there was a culvert there and disagreed with Tom Poserski. Tina Stayziak, resident of 28 Britton Street, is still getting gushes of water through her back door. Anne Avelino asked why the permit for construction was signed if there were pre-existing conditions. Erika offered to follow up with Tom and set up a joint meeting with MBTA. Tom does not recommend removing the pipe. Anne Avelino motioned to allow planting. Erika: there will be a report on 11/17/05 to follow up on the status.
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. Kelly present, Tom Pozerski present. Two plans given to board to look at. Planning Board had approved of plans – July 1, 2004. Asking for approval of existing order of conditions. Tom changed snow removal area location in plans. Mark noted that everything looks in the right scale. Erika pointed out that what should be compared and contrasted are the proposed plan and the plan that was approved. Anne Avelino pointed out that plans for Cons Com were very different compared to what
Planning Board had approved. Mark Peterson motioned for the applicant to file a new NOI filing. Maryellen Rochette seconded the motion. Unanimous vote from the board. Maryellen suggested hiring a consultant as well.
9. Continued informal discussion with Mastria regarding expansion of parking lot. Tom Pozerski present. He stated that six trees had been cut instead of four. Jim commented on the width of 30 ft. easement. Mr. Pozerski stated that there had been 1- 3 feet of encroachment on Mr. Smith’s property. Tom Pozerski took a look at the gravity main plans. He recommended that to fix topographic low point by putting in manhole. Erika pointed out that they need a plan to approve along with a narrative for construction and how much more work is necessary for the gravity construction. This would be an extra page to submit which details the status of the project, who will be doing what, etc. New plan and narrative would be submitted by 11/17/05. Commission decided to let work proceed, therefore cease and desist
order was lifted. It was suggested that the gravity sewer work continue to be stabilized by planting trees. Engineer asked to submit narrative sequence instruction on November 17, 2005. Motion made to lift the cease and desist order and allow for stabilization by Maryellen and seconded by Jim.
Dan Gioiosa for SITEC for an informal discussion regarding Lot 23B Finch Road. ANRAD just approved for this project. Owner, Carol Sullivan, present. Erika noted for the record that Dan Gioiosia had requested an informal session before filing and commended him for making this request prior to obtaining a variance in frontage for the lot. Discussion over allowable distance for disturbance. The closest area of disturbance is 15 ft on the plan and the Commission policy is 25-ft. no-touch. Discussion followed on this policy. Owner stated that deed detailed that no further subdivision could take place. Erika cautioned Dan and owner that they should think about the big picture, whether or not they would want a pool, shed, etc. now rather than later. Discussion about approval of concept of not
doing the fully detailed subdivision design for preservation of wetlands crossing or forested area. Maryellen stated that she would like to see the house reconfigured in some way. Board is mixed on whether pre-approving this project is the way to go. Erika asked for a copy of the request. Jim wondered about a motion support a bid for variance and raise 25-foot limitation. Consensus was that there was no consensus…
Add ins:
Raynham Wastewater Plant Analysis received by Randy, Rich, Alan, and Erika on 10/31/05. Erika wants permission to write letter to Sewer Department asking for 7 copies of the report and that she would like a representative of the commission to be kept informed on the matter.
Regarding filing. Current system is by number and people’s last names. This is not workable for Erika. Needs to reorganize the office. Categorize everything by street. This would also allow opportunity to find out what each file is all about and would allow extraneous files to get cleaned up. Volunteer help – possibly 2-3 hours a week. Erika can put together proposal.
3. Minutes will be reviewed and approved on November 17, 2005.
4. Policy suggestion made by Mark regarding Stormwater Management. Copies of forms – easier to streamline. Erika said that John Schmid can review NOI’s that don’t come before the commission. Needs to be revisited along with affidavits on 11/17/05
5. Mark concerned about a possible site visit violation. Judson/Deer Hollow Subdivision.
Impression in front yard. Pumping water out of yard and into drain. Someone is also dumping grass cuttings.
7:30 P.M. Formal Session
DEP Number 269-0747 Continued Public Hearing for a Notice of Intent for the proposed 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. An alternative analysis had been submitted prior to the meeting. Paula Thompson present. Mr. Bettencourt present. Richard, Town Planner, present. Paula presented new plans with new landscaped area. General construction sequence changed on plans. Joe Bettencourt spoke about property dispute and the letter that went out to the abutter. Rich and Erika spoke to the 30 days time allowed by Rod for
town to acquire land that possibly could be abutter’s or for abutter to contest. Extra condition underlined that would require additional hay bales for restoration. Another special condition was outlined requiring a mulch seed mix for the reforestation. Mark P. and Maryellen R. agreed and noted it was a good plan. Jim R. noted that it was a much better project than first proposed. Motion made by Maryellen to accept the plans. Motion was seconded by Anne. Vote was 3 to 1 with Jim R. voting Nay and Mark, Maryellen and Anne voting Yea. Joe (?) spoke to thank Erika and the Commission. Third special condition (61 conditions in all) was the loaming/seeding to be done 30 days from November 1st. Erika detailed new conditions. In consultation with John Schmid, consulting engineer, that a copy of the order of conditions be added to the building plans for consultation when in the field. Another condition stated was that there would be no alteration of the 200ft. riverfront
area in perpetuity.
DEP – Number not applicable A Public Hearing for the Request for Determination of Applicability 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. The Request for Determination of Applicability is being submitted by Robert and Debra Pohl, 972 Pine Street, Raynham, MA 02767. Robert and Debra Pohl present. Erika visited site and commended the applicants for their submission. She recommended the negative determination of applicability with conditions. Modified conditions with addition of hay bales. RDA b/c of wetlands. Maryellen motioned for the NDA. Anne seconded. Unanimous vote.
DEP – 269-0753 A Public Hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of 1,245 feet of bordering vegetation for 1649-1651 New State Highway, Assessors’ Map 16, Parcels 55-7, 56, 57, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by Domenic Greico, Metro Ford-Mazda, 1649 New State Highway, Route 44, Metro Ford. Brian Dunn, Fuss & O’Neill, Providence, RI, present. Mike Ball, Wetlands Biologist with Horsley and Whitney present. Mr. Dunn submitted to Erika the abutters’ mail notifications. Mike delineated the area in April, 2005. Pond is man made – he noticed a pipe - and does not meet 10,000 ft. specifications. Treated as BPW. Mike pointed out catch basin. Erika and Mike to
meet and do site visit during the week of 11/11/05. Erika questioned whether a consultant would be necessary to review the ANRAD. Jim Ross made motion to continue to 11/17/05.
DEP Number 269-0750 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, May and Lots as follows Map 9: Lots 207-iB, 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. Peter Dillon present. Jim R. and Erika visited the site. Erika questioned whether a consultant would be necessary to review the ANRAD. Cons Com had approved ANRAD. Hadn’t been approved as riverfront. Peter Dillon stated
that a large portion of the project will be outside of buffer zone. John Richardson flagged the area. Erika to meet with Peter for a site visit during the week of 11/11. Jim R. made motion to continue to 11/17.
DEP – 269-0755 Public Hearing for a Notice of Intent for the construction of a single family dwelling with associated grading and utilities within the 100 foot buffer zone to a bordering vegetated wetland, located at Lot 1 Crimson Street, “Lincoln Woods”, Assessors’ Map 4, Lot 188B-1, Raynham, MA. The Notice of Intent is being submitted by Raynham Investments, LLC. Last 2 lots of 22-lot subdivision. Came in under Todd Hamilton of Raynham Investments. Erika asked if the limit of work was labeled on the plans. Grading limit on 25 ft. no touch. Erika asked if there was need for a retaining wall and if there was no need for a retaining wall could conservation grass seed mix be used. Erika would like to see condition with extra seed mix to cover any area closer than 25 ft.
Maryellen made a motion to accept the 9/18/05 plans. Anne seconded the motion. Unanimous vote approved the plans.
DEP – Number not issued Public Hearing for a 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 bordering vegetated wetland, and a driveway and utility crossing through a bordering vegetated wetland, located at Lot 22 Crimson Street, “Lincoln Woods”, Assessors’ Map 4, Lot 188B-22, Raynham, MA. The Notice of Intent is being submitted by Raynham Investments, LLC. No DEP number yet. DEP has made abbreviated comments. Erika recommends meeting with DEP to close out comments. Erika commented that the Limit of work needs to be a permanent condition with a permanent fence. Erika visited site. Recommended that Dan talk to Rod about crossing. Erika recommended that Dan talk to Chris Ross.
Discussion about limit of work around the house. Jim Ross made suggestion to continue to 11/17/05.
7. Continued to Nov. 17
8. Continued to Nov. 17
9. Continued to Nov. 17
10. Withdrawn by applicant.
Unanimous vote by the Commission to adjourn meeting at 10:50 pm.
Respectfully submitted,
Anne Wolff
Recording Secretary
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