MINUTES
Present: Jim Ross, Chairman
Mary Ellen Rochette
William Smith
Mark Peterson, Vice-Chairman
Absent: Anne Avelino
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
The Chairman called the meeting to order 7:00 p.m.
1. Request for a Certificate of Compliance for Packard Development (Lowes), 800 Cape Highway, Rte. 44, Map 15, Lots 137, 148, 148A & 148B, DEP File # 269-621. Bernard Raftery of Rizzo Associates, Framingham, represented the applicant. Mr. Raftery explained that at the last meeting, the Commission recommended issuing a partial Certificate of Compliance because they were concerned with the drainage around Applebee’s and the Longhorn Steakhouse. He asked that the Certificate of Compliance directly reference that Lowe’s lot, Lot A1, was in compliance. Mr. Raftery wanted to make it clear that the area of concern was located on Lot D. Erika will determine what map and lot number the Assessor’s Office assigned to the lot A1 that Mr. Raftery referred to. Mary Ellen motioned, Mark
seconded, unanimous vote by the Commission to issue a Partial Certificate of Compliance. Jim verified that the Certificate would be worded to make sure boundaries are clear.
2. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to approve the minutes of the January 20, 2005 meeting as written.
The Chairman stated that he wanted to clarify a statement that was said at an informal discussion on December 16, 2004 with Moises Pariente of Aquaria Water, LLC, 1115 West Chestnut Street, Brockton, MA regarding a pipeline to Brockton. He explained that during that discussion, he made reference to an intermittent stream in the actual rail bed. After some thought Jim believed that the area is that of a perennial stream and not an intermittent stream. He asked the Conservation Agent to verify in the records whether an intermittent or a perennial stream was located there. Once that was determined, Erika will contact Aquaria to discuss.
3. There was a review of proposed Conservation Commission policies. At the last Conservation Commission meeting, the Chairman had asked the Conservation Agent to check with the other department on their agenda policies. The Chairman asked if this policy was a standard for other Commissions. Erika advised that most of the meetings are held on Tuesdays or Thursday and that required submittals had to be in by Friday. She stated that her biggest concern was that if plans were received late, a thorough review and check for accuracy would be difficult especially if they were looking to be voted on and approved at the next meeting. Erika suggested submittals be received by Thursday at 4 o’clock. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to accept the agenda policy.
Erika discussed the 3-Cut Growth Policy. Erika replied that there are exceptions built into the draft policy as presented and that the only difficulty she had with this 3-cut growth policy was how to determine if three cuts had been done. Bill Smith replied that setting the three-cut standard insured that grass was seeded during the growing season and would take. Jim agreed that the intent would be very clear to the applicants. Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to approve the 3-Cut Growth Policy with the addition of “grassed areas must be seeded during the growing season between April 15th and October 15th.
The Winter Delineation Policy. Erika explained that there are several Commissions that do not perform delineations during a specified period of time during the winter. She did not agree with limiting delineations to a limited period of time as New England weather often fluctuates. She stated that she did not want to hold up any filings especially if the weather permitted. Erika asked the Commission that when applicants needed to re-notify abutters if that should be done by certified mail, return receipt. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to accept the Winter Delineation Policy with the addition that applicants need to re-notify abutters by certified mail, return receipt.
Jim suggested that there be a transition time for the implementation of the policies. Erika suggested sending out a packet to the engineers advising them of these changes. Mary Ellen asked for a date when all of these policies would be effective. Erika suggested these policies be adopted February 3, 2005 and would pertain to all new filings. Any filings currently in-house would remain under the old policy.
25-Foot No Touch Policy. Erika stated that this policy is needed for the protection and maintenance of a vegetative buffer but suggested not approving the policy tonight because it needed more discussion. The 25-Foot No Touch Policy was tabled for future discussion. The Chairman stated that a written policy would not have the same impact as a local bylaw and hoped that a Wetland Bylaw would become a reality in the near future.
The Chairman announced to the audience that only two hearings would be heard tonight. Hearings #3 to #8 have been continued to February 17, 2005 and Hearing #9 was continued to April 7, 2005.
4. Continued formal 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. This hearing was continued to February 17, 2005 at the applicant’s request.
7:30 PM PUBLIC HEARINGS AND PUBLIC BUSINESS
1. Public Hearing for an Abbreviated Notice of Area Resource Delineation for Broadway, Assessors’ Map 3, Parcel 92B1; the applicant is Tony DeSousa. Mr. Paul Patneaude represented Mr. DeSousa. Erika performed a site visit on December 19, 2004 with Commissioner Mark Peterson, Commissioner Anne Avelino and Chairman Jim Ross. There were no revisions to the wetland line requested by the Agent. Jim explained to an abutter that the hearing was not to approve the project, but to verify that the wetland line was accurately delineated. No further discussion followed. Mark motioned, Mary Ellen seconded, unanimous vote by the Commission to approve the wetland line as accurate.
2. Continued Public Hearing for a Notice of Intent for the proposed construction of a daycare facility with associated parking and utilities on an existing lot; the site is located at 84 Forge River Parkway, Assessors’ Map 14, Lot 242-6; the applicant is Two T’s Realty Trust. Peter Wolski, Field Engineering, Mattapoisett, represented the applicant. Erika explained that at the last meeting, the Commission’s biggest concern was whether or not John Schmidt, Judith Nitsch Engineering, Boston, would approve the drainage system and whether a planting schedule and narrative from Dr. Walter Hewitson would be received in time for the meeting. Both have been received.
Mark asked what the ratio of replication was. Mr. Wolski replied 1.28 to 1. Commissioner Peterson asked about the corner of the road that is low and that he had a concern about too much water coming into that area. Pete said that he hasn’t spoken to Raynham Highway Superintendent, Roger Stolte, but that people in the neighborhood said there were problems with sediment and debris getting into the system. Pete explained that all of the water feeds through one trunk line that goes to the detention basin. He proposed installing a smooth plastic pipe, increasing the size from 12” to 15” and installing a rip rap splash pad around the flared end to help convey debris quickly and keep the water moving. This pipe would be cut into the existing 12” pipe that would carry the capacity
and was compatible. He proposed adding a wet mix on the ground and that all side slopes would have erosion control mix covered with jute mesh. There was a discussion on the proposed Bio-retention system. Bioretention Standard Conditions that apply: #1-12, 14-17, 19-24, 28-44. Bioretention Standard Conditions that do no apply: #13, 18, 25-27. Erika discussed the Bioretention Standard Condition and revisions. Pete stated that he wanted to protect the bee-hive and existing catch basin and recommended installing silt sacks. Mark asked about salting the area. After a brief discussion, it was suggested that Erika determine what salt substitute or mix was used at the Middle School for icing conditions and would either add that in as a condition or re-write the condition to read “salt alternative on the site as the area is a bio-retention/replication area. Mary Ellen motioned, Mark seconded, unanimous vote by the
Commission to approve plan dated January 27, 2005 with revisions through January 31, 2005.
3. Public Hearing for an Abbreviated Notice of Resource Delineation for 1084 Broadway, Map 4, Lot 143, the applicant is STF Enterprises. This hearing was postponed until February 17, 2005 at the applicant’s request.
4. Continued Public Hearing for a Notice of Intent for the construction of a proposed 80’ x 80’, 6,400 s.f. work bay and storage area within the 100-foot Buffer Zone to Bordering vegetated Wetlands; the site is located at 679 South Street West, Assessors’ Map 14, Lots 213 & 214, the applicant is Harry’s Auto body, Robert Powell. This hearing was continued to February 17, 2005 at the applicant’s request.
5. Continued Public Hearing for the filing of an After the Fact Notice of Intent for some cutting and clearing done within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 46 river Street, Assessors’ Map 18, Plot 23A; the applicant is Mark & Colleen Karsner. This hearing was continued to February 17, 2005 at the applicant’s request.
6. 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. This hearing was continued to February 17, 2005 at the applicant’s request.
7. Continued Public Hearing for a Notice of Intent for the proposed construction of 16 condominium units with associated parking areas, walkways, drainage structures, utilities, grading and landscaping within the 100-foot Buffer Zone to Bordering Vegetated Wetlands and within the outer riparian zone to a perennial stream; the site is located at Gatsby Drive, Assessors’ Map 18, (Lots (3) 45, 46C, 46D (Raynham), Lot 8B (Taunton); the applicant is Jean & Jeff Li and Thomas & Suzette Tanquay. This hearing was continued to February 17, 2005 at the applicant’s request.
8. Continued Public Hearing for an Abbreviated Notice of Area Resource Delineation to confirm the boundaries of bordering vegetative Wetlands for Raynham Woods Commerce Center, Assessors’ Map 15, Lot(s) 176-2B, 3, 3G, 4, 4J, 4L; the applicant is Paramount Development Associates, Inc. This hearing was continued to February 17, 2005 at the applicant’s request.
9. Continued Public Hearing for a Notice of Intent for the proposed construction to expand an existing electrical supply warehouse facility in an existing industrial within the 100-foot Buffer Zone to Bordering vegetated Wetlands; the site is located at 33 Commercial Street, Assessors’ Map 14, Lots 50-1 and 50-2; the applicant is Brian Munro. This hearing was continued to April 7, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS (Continued)
Erika discussed a possible violation at the Raynham Flea Market. A complaint was received that the snow from the site was being pushing into the wetland. She will review the Plan of Record to determine the location of the wetland line.
905 North Main Street: A filing will be forthcoming.
241 Church Street: No form has been received.
399 South Main Street: Erika suggested that due to the negligible amount of clearing that had been done, no further action be taken at this time.
88 Fair Acres: The Commission has not received a response from the letter sent to the new homeowners. Erika will send a second letter requesting them to contact the office.
150 South Street East: Homeowners have not responded to letter sent by the Commission. Erika will send a second letter requesting them to contact the office.
Riverview Apartments: A determination has to be made on why there is clearing being done at the site. Discussion followed:
Erika advised that the Finance Committee has approved the transfer of $1,500 to the Conservation Commission Clerical (Recording Secretary) account. A brief discussion followed.
Commissioners Bill Smith and Anne Avelino will be attending the MAC Conference with the Conservation Agent. The Conservation Agent will find out when the Commissioner Mary Ellen and Chairman Jim Ross’s term expires.
Mary Ellen motioned, Bill seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 8:25 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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