Town of Raynham, MA - Conservation Commission Meeting Minutes 1/5/06

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Town of Raynham, Massachusetts

558 South Street, Raynham, MA 02767
ph: 508.824.2707

Conservation Commission Meeting Minutes 1/5/06


	FINAL MINUTES FOR THE RAYNHAM CONSERVATION COMMISSION MEETING ON JANUARY 5, 2006 The meeting of the Raynham Conservation Commission was called to order at 7:00 p.m. Staff present: Teresa Vickery, Verbatim Recorder, Erika Ueberbacher, Conservation Agent Members Present: Mark Peterson, Chairman Anne Avelino, Vice Chairman Mary Ellen Rochette, Commissioner David McRae, Commissioner Jim Ross, Recording Secretary The meeting of the Raynham Conservation Commission was closed at 10:00 p.m. by unanimous vote. Staff present: Teresa Vickery, Verbatim Recorder, Erika Ueberbacher, Conservation Agent Members Present: Mark Peterson, Chairman Anne Avelino, Vice Chairman Mary Ellen Rochette, Commissioner David McRae, Commissioner Jim Ross, Recording Secretary 1. Discussion with Attorney Jim Burke and Bill Bearse regarding the Mastria Property on North Main Street and a proposed use conversion. DISCUSSION: There is nothing before the Commission as of yet, but Bill Bearse/Rick Mastria to renovate the building on North Main Street for the Visiting Nurses Association. There is a very sensitive riverfront area on the site, and they are looking for a positive direction from the Commission, and just wanted them to be aware of what is to come. They are looking to redevelop this site. The current building will stay while construction occurs on the rear structure, then the VNA will move in, and, then, construction will take place on the second parcel. There is no ANRAD as of yet. There are minimal buffer zones without any on-site retention systems because of the age of the structure. They are confident in terms of the lines: a) 200' waterfront resource and 100' waterfront resource, b) they are outside of the 100', but a good bit of it will be within the 200', c) the existing parking and pavement will be removed, there will be a reduction in the impervious surfaces, and will increase green space to 60% over the current 47% green space, and d) there will be an improved flow of water off the site and away from the resource area. DECISION: The Commission would like the one little corner that falls within the 100' buffer to be reconfigured to get it out of the zone, if possible. The Commission would also like to see a fence put on the plan, a containment, split-rail, fence for wildlife movement. Further, the Commission would also like to have them look into impervious paver options. Lastly, they would like to see their comments put into the next design. FOLLOW UP ACTION BY: Jim Ross wants to familiarize himself with the waterfront area and the Wetlands Protection Act. 2. Discussion with Attorney Jim Burke regarding work done by T & M Realty Trust that involved the alleged 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. DAVID MCCRAE RECUSED HIMSELF FROM THIS DISCUSSION. DISCUSSION: It was shared that the Rozenas family provided a letter that said his family placed those culverts. They were used to drain the front parcel on Britton Street and poured surface water onto the rear property. The former Conservation Agent was concerned that they would need to seek an easement from the town, but they don't need to seek an easement, as it was an implied easement to put the culverts in pace. The MBTA is/was not adverse to allowing the pipes to stay in as the culvert met some of their design requirements. Neighbors to the property were heard from in the past and they were relieved the problem functioned as it was supposed to. Attorney Jim Burke asked that the Commission vacate the prior enforcement orders. DECISION: - Set a date for the first meeting in April, April 6, if there's to be any further restoration of the wetland. - The Commission does not want to totally get out of the enforcement order at least until spring. - Add to the planting plan "with a wetlands permit" if there's any wetland impact. VOTE TO: Rescind the enforcement order. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Not meet with an MBTA representative. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Do not need correspondence with MBTA. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Have Erika, Conservation Agent, send a letter to the MBTA detailing the decisions made tonight. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Have HBW to send a representative with a Con Comm. Agent to do field work, as well as, provide a narrative with photos to the Commission detailing whether there needs to be any restoration work done on the Cons. Comm. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Have an after the fact filing. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE TO: Motion made not to remove culvert. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross 3. Discussion with Attorney Bob Shelmerdine regarding the proposed Bella Estates Subdivision. ANNE AVELINO WAS RECUSED FROM THIS DISCUSSION. DAVID MCCRAE IS BACK FOR THIS DISCUSSION. DISCUSSION: Attorney Bob Shelmerdine presented plans to the Commission for the Bella Estates Subdivision at the intersection of Hill Street and Route 44. They have a hearing before the Planning Board next Thursday, and would like the Conservation Commission's thoughts/ideas. No submissions have been made to the Conservation Commission as of yet. A portion of a building goes into the 100' buffer, but is holding at the 25' no touch. They are looking for a variance for the 60' separation between the buildings. DECISION: The client needs an ANRAD, and is asked to come back with a Notice of Intent, some information on what work is within the 100' buffer, and is asked to limit the impervious area within the 100' buffer. The Commission also needs to know if the existing wetlands line is still the line. If any waiver is granted to be in favor of the wetlands, the Commission would be in support of that as long as there is no addition of units. 4. Discussion with Decathlon Sports regarding proposed construction on Route 44. ANNE AVELINO IS BACK FOR THIS DISCUSSION. DISCUSSION: This particular parcel of land has substantial wetlands. They are trying to propose where the entrance would be, as everything else is out of the wetlands, except for the entrance. The Attorney on the project, David Gay, asked for a 5,000 - 6,000 sq. ft. disturbance in total. The Wetlands Protection Act allows up to 5,000 sq. ft. of fill. Anything over 5,000 gets a second review by the Army Corp. of Engineers. They would like to know if the Commission thinks this is feasible or if it will never happen. The Commission's response will help them to decide if they should even use this parcel of land. Attorney Gay also asked the Commission's viewpoint on any potential pruning of the trees. DECISION: The Company has resources to do the project; it may be worth taking a look at. The pruning of the trees would not be allowed. 5. Review and discussion of proposed funding grant from Town Planner. DISCUSSION: The Town may pass the CPA grant as opposed to the bylaw grant because they would rather use the technical assistance for the bylaw. DECISION: The Commission is okay with this information. Formal Session 8:30 p.m. 1. DEP # 269-0767 Opening of a public hearing relative to the filing of an abbreviated notice of resource area delineation submitted to confirm the boundaries of 1,222 of bordering vegetated wetlands on Route 44, Assessors' map 15, parcel 148B, Town of Raynham. The abbreviated notice of resource area delineation is being submitted by Eclipse Realty Management, LLC. DISCUSSION: The wetland line needs to be reviewed on this property. The wetland line expired in March, '05. Vegetation and soils were done. It is out of ANRAD season, but can pick a date and either consultant or agent can go out there. There are only 25 flags. DECISION: The meeting is continued to February 2. The wetland line to be reviewed prior to this meeting by the agent. If questions come up that cannot be answered by the agent, then a consultant will need to be brought in. FOLLOW UP ACTION BY: Mark Peterson - go on site visit Erika - go on site visit VOTE TO: Review the wetland line soon without a consultant. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross 2. DEP # 269-0766 Continuation of a public hearing relative to the filing of a Notice of Intent for the proposed alteration to underground water meter/valve manhole and the installation of new water utility shed with associated utility installation and site grading within the 100-foot buffer zone to a bordering vegetated wetlands. Additional work outside of the 100-foot buffer zone is after the fact review of a storm water management system and associated appurtenances to the wastewater treatment facility including a lime silo, and the proposed construction of a canopied truck loading area Assessors map 1, lot 15, 1950 Broadway, Raynham. The Notice of Intent is being submitted by Broadway Realty Trust. DAVID MCCRAE RECUSED FROM THIS DISCUSSION. DISCUSSION: From the last meeting, needed correspondence from Natural Heritage and it was received. Natural Heritage responded that the project will not adversely affect any habitat or rare or protected wildlife species. VOTE TO: Approve the plan with standard conditions. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae - recused Jim Ross 3. DEP # - NOT APPLICABLE Opening of a public hearing relative to the filing of a Request for Determination of Applicability to raze the existing dwelling and construct a new single family dwelling outside of the 50-foot buffer zone area from the BVW with associated grading and utilities, and also including no tree removal within the buffer zone. The project location is 30 Robinson Street, Assessors' map 1, parcel 27 and 28, Town of Raynham. The Request for Determination of Applicability is being submitted by Hanson and Associates, Inc. DAVID MCCRAE IS BACK FOR THIS DISCUSSION. DISCUSSION: The Planning Board allowed them to resubmit a conventional 9-lot subdivision with a waiver on the roadway line. The current existing house will now be the 9th lot. DECISION: Anything closer than the 50' away from the wetlands being covered in the NOI which is for the roadway and retaining wall will be revisited on Feb. 2 after the Planning Board approves on Jan. 12. Still waiting on a DEP #. VOTE TO: Motion made to approve the plan. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross 4. DEP # 269-0765 Opening of a public hearing relative to the filing of a Notice of Intent for the construction of a single family home with associated driveway, grading, and utilities for map 12, lot 242-1-30, (map 12-245, lot 24 Carriage Hill Estates), Town of Raynham. The Notice of Intent is being submitted by Russell S. Grabau Co., Pembroke Country Club. DISCUSSION: Single family house being proposed. Wetland already approved through ANRAD. Town water and sewer; no septic or well on-site. The driveway is the closest point to wetlands. A silt fence will be 30'. High capacity infiltration chambers going to the gutters, so there won't be any overland flow into the wetlands. VOTE TO: Motion made to approve the plan with standard conditions, and add a post and rail fence at the limit of work as a condition. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross 5. DEP # 269-0764 Opening of a public hearing relative to the filing of a Notice of Intent for the construction of a single family home with associated driveway, grading, and utilities for map 12, lot 242-1-30, (map 12-245,lot 2 Carriage Hill Estates), Town of Raynham. The Notice of Intent is being submitted by Russell S. Grabau Co., Pembroke Country Club. DISCUSSION: Single family house being proposed. Town water and sewer; no septic or well on-site. A silt fence will be 25'. A living shrub or post and rail fence will be put in. High capacity infiltration chambers going to the gutters, so there won't be any overland flow into the wetlands. DECISION: The Commission prefers a post and rail fence. This will be added as a condition. VOTE TO: Motion made to approve the plan with standard conditions, and to add the post and rail fence at the limit of work as a condition. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross 6. DEP # 269-0763 Opening of a public hearing relative to the filing of a Notice of Intent for the construction of a single family home with associated driveway, grading, and utilities for map 12, lot 242-1-30, (map 12-245, lot 1 Carriage Hill Estates), Town of Raynham. The Notice of Intent is being submitted by Russell S. Grabau Co., Pembroke Country Club. DISCUSSION: Single family house being proposed. Town water and sewer; no septic or well on-site. A silt fence will be 28'. A post and rail fence will be put in. High capacity infiltration chambers going to the gutters, so there won't be any overland flow into the wetlands. DECISION: The Commission prefers a post and rail fence at the limit of work. This will be added as a condition. VOTE TO: Motion made to approve the plan with standard conditions, and to add the post and rail fence at the limit of work as a condition. MOTION MADE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross MOTION SECONDED BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross VOTE: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross 7. DEP # 269-0760 Opening of a public hearing will be held by the Raynham Conservation Commission relative to the filing of a Notice of Intent for the construction of a single family home with associated grading, deck, landscaping, and utilities within the 100-foot buffer zone of bordering vegetated wetlands, lot 4, off 186 White Street, Assessors' map 8, parcel 57, Raynham. The Notice of Intent is being submitted by John Zappala. DISCUSSION: The wetland line was approved by ANRAD. The property will have town water and sewer; no septic or well on-site. The side and rear portion of the lot has steep slope, and the center of it levels off and that is where the house will be located. The tree line will remain at the hay bale/silt fence, so there won't be any erosion down slope into the pond. There will also be a split rail fence there. Grading towards the front of the property, none towards the back. This is 25' to the wetland line. A little fill for the driveway will be coming in. There is a country drain along the side of the road, and there was some concern that the building up of the driveway would interfere with the flow there. Kim Molinare (sp.?) of 264 White Street, an abutter to the property also had some questions regarding drainage. It was discussed that no more/no less water should go into the wetland or into this abutter's yard/basement due to the buildup of this driveway. It was also discussed whether tree stump removal at the silt fence line will affect any of the slopes, and what to fill that area in with. DECISION: The Commission would like to see a culvert put on the plan at the end of the driveway. One of the conditions is to obtain all other federal, state, and local permits, and if it's one acre or more disturbance that was originally owned by that landowner, will probably need a storm water permit. This will be continued to the Feb. 2 meeting. FOLLOW UP REQUEST BY: Erika - asked LeeAnn to stop by Roger Stolte and ask him to look at the plan. FOLLOW UP ACTION BY: LeeAnn - Ask Roger Stolte to take a look at the plan and determine if it's going to be in an easement that he has to deal with, and that it's not going to be a maintenance issue for him to put in pipes that have a trash end block on the end. 8. DEP # - NOT APPLICABLE Opening of a public hearing relative to the filing of a request for Determination of Applicability for the construction of a single family home with associated grading, deck, landscaping, and utilities more than 60' away from bordering vegetated wetlands, lot 1, off 186 White Street, Assessors' map 8, parcel 57, Raynham. The Request for Determination of Applicability is being submitted by John Zappala. DISCUSSION: The hay bale/silt fence is 60' from wetland line, and there is part of a perennial stream which goes underneath the roadway and outer riparian zone. All disturbance is outside of the 200' riverfront area. Town water and sewer. Minimal grading 87' from wetland line. Limit of work is 60' from wetland line. This property is on the same side of the street as in #7. DECISION: Needs to be checked to see if it's in the easement and needs a culvert. This will be continued to the February 2 meeting. FOLLOW UP REQUEST BY: Mark Peterson - this should also be looked at by the Highway Dept. by Roger Stolte. FOLLOW UP ACTION BY: Roger Stolte - to look at the plan. DID ANYONE RECUSE THEMSELVES OR LEAVE EARLY IF SO FOR WHAT NUMBER HEARING AND AT WHAT TIME: David McCrae from #2 Informal Discussion, and #2 Formal Discussion. Anne Avelino from #3 Informal Discussion. TIME MEETING CLOSED: 10:00 p.m. MOTION TO CLOSE BY: Mark Peterson Anne Avelino Mary Ellen Rochette David McCrae Jim Ross ANYTHING ADDITIONAL THAT DID NOT MAKE THE AGENDA: 1. TOPIC: Take home a big piece on the Taunton River as an FYI. 2. TOPIC: Verbatim minutes. DISCUSSION: The December 15 minutes had four topics that were recorded verbatim, and the minutes came to 65 pages in length. DECISION: Summarize the January 5 meeting, no verbatim. The verbatim will be kept on disk, and, if needed, it will be compiled. FOLLOW UP ACTION BY: JIM ROSS - to review the Dec. 15 minutes, and then have accepted at the Jan. 19 meeting. ERIKA - to review the Dec. 15 minutes, and then have accepted at the Jan. 19 meeting. 3. TOPIC: Dumpsters delivered and work commenced at Town Hall. DISCUSSION: Just demo so far. There has been some occasional activity in the riverfront area. DECISION: Suggest to use hay bales. FOLLOW UP ACTION BY: ERIKA - To bring up at her Jan. 6, 11:00 a.m. meeting. SITE VISITS: 1. 476 Main Street, Barrett property, and 1635 Broadway. VOTE TO: Hire a consultant to review both properties. MOTION MADE BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS MOTION SECONDED BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS VOTE: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS VOTE TO: Receive payment by the applicant for that amount prior to anyone going out. MOTION MADE BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS MOTION SECONDED BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS VOTE: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS 2. Jim Williams DECISION: Schedule a visit for sometime between April 1 and 6; put back on the April 6 meeting agenda. 3. Many COC's on Finch Road, and a single family on Richmond Street. VOTE TO: Erika to schedule a date to walk all of them on the same day. MOTION MADE BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS MOTION SECONDED BY: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS VOTE: MARK PETERSON ANNE AVELINO MARY ELLEN ROCHETTE DAVID MCCRAE JIM ROSS 4. Schedule site visit from tonight for Route 44 and Wendy's. DECISION: Take a look at the weather; connect with applicant's, and Mark Peterson and go and look at it. WHO IS GOING: ERIKA MARK PETERSON APPLICANT WHEN WILL IT BE: Possibly Monday afternoon, January 9.