FINAL MINUTES FOR THE RAYNHAM CONSERVATION COMMISSION MEETING ON JANUARY 19, 2006
The meeting of the Raynham Conservation Commission was called to order at 6:12 p.m.
Staff present: Teresa Vickery, Verbatim Recorder, Erika Ueberbacher, Conservation Agent
Members Present: Mark Peterson, Chairman
Mary Ellen Rochette, Commissioner
Jim Ross, Recording Secretary
The meeting of the Raynham Conservation Commission was closed at 8:00 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
Informal Meeting
1. Update from Agent re: Village at Wildflower
DISCUSSION:
A discussion needs to be held on this topic for all interested parties to create a plan of action. This will be put on the 2/2/06 meeting agenda. John Schmid will also be asked to attend the 2/2/06 meeting to discuss the estimated site trips, and if he could project a cost amount for attending meetings. Mike Jones, the Can-Four Corp. representative, has agreed verbally to pay John Schmid’s bills for the project. A written confirmation to pay John Schmid’s cost, and a vote for the full amount to be put in an escrow account, budget not to exceed as estimated, should be done at the February 2, 2006 meeting. The Con Comm bill paying procedure for accounts like this is to not forward bills to people. In
the past, we have had bills not paid. The Town Accountant, and Treasurer have escrow accounts for this type of consultant review already set up and the procedures are in place in order to pay bills that involve a deposit for the projected cost.
ANNE AVELINO AND DAVID MCRAE WERE NOT IN ATTENDANCE FOR THIS TOPIC.
DECISION:
The Agent will invite representatives from Wildflower, members of the ZBA, the Town Planner, the Building Inspector, concerned abutters, and the consulting engineer for the project to the meeting on February 2, 2006 in order to create a plan of action. Mike Jones from Can-Four Corp., the representative for the project, has confirmed that he will be available to attend.
FOLLOW UP ACTION BY:
The Commission is to read the correspondence in the packet on the table, to discuss on February 2, 2006, and to bring with them to the meeting on 2/2/06.
VOTE TO: Have the Agent add discussion regarding the correspondence from JNEI to the February 2, 2006 meeting at 7:00 p.m., and to request that John Schmid attend this meeting.
MOTION MADE BY:
Mark Peterson
Anne Avelino – not in attendance
Mary Ellen Rochette
David McRae – not in attendance
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
2. Finch Road – COC’s
DEP # 269-683 (Lot 7 Steeplechase)
DEP # 269-682 (Lot 6 Steeplechase)
DEP # 269-638 (Lot 9 Steeplechase)
DEP # 269-639 (Lot 14 Steeplechase)
DEP # 269-675 (Lot 10 Steeplechase)
DEP # 269-630 (Lot 19 Steeplechase)
DISCUSSION:
The Agent went with Tom from QBI, and Chris Capone from Sitec Engineering, on all the site visits. A few were held back because of site work being done on adjacent lots, but the above are done. More site visits were conducted that day and the request documentation will be received in shortly.
ANNE AVELINO AND DAVID MCRAE WERE NOT IN ATTENDANCE FOR THIS TOPIC.
DECISION:
Full COC’s with standard conditions will be issued for all (#8, 21, 30, and 36), however, for DEP # 269-630 (Lot 19 Steeplechase) will include one more standard condition (# 24), and one special condition because it needs riverfront deed restrictions.
VOTE TO: Issue full COC’s with standard conditions (#8, 21, 30, and 36) for all, but also to include standard condition #24, and a riverfront deed restriction for DEP # 269-630 (Lot 19 Steeplechase).
MOTION MADE BY:
Mark Peterson
Anne Avelino – not in attendance
Mary Ellen Rochette
David McRae – not in attendance
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
SPECIAL CONDITION for DEP # 269-630 (Lot 19 Steeplechase):
Deed restriction is to be attached to the property deed and recorded in the chain of title stipulating that there will be no further alterations or use made of the area located beyond the post and rail fence.
3. 75 Richmond Street – single family home COC DEP # 269-584
ANNE AVELINO AND DAVID MCRAE WERE NOT IN ATTENDANCE FOR THIS TOPIC.
DISCUSSION:
This is a proposed addition on a single family home that the Agent recommends.
DECISION:
Issue a full COC with standard conditions.
VOTE TO: Issue a full COC with standard conditions (#’s 8, 17, 21, 30).
MOTION MADE BY:
Mark Peterson
Anne Avelino – not in attendance
Mary Ellen Rochette
David McRae – not in attendance
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
4. Bylaw Workshop.
DAVID MCRAE IS HERE FOR THIS DISCUSSION.
Guest, STEVE COTE, is here for this discussion.
ANNE AVELINO IS NOT ATTENDANCE FOR THIS DISCUSSION.
DISCUSSION:
Jim attended the Taunton River Meeting, and met up with Bill Napolitano. Bill mentioned that he would be working with Raynham in localizing the bylaws, as well.
It was discussed that fees and fines should not be included in the first go around of the bylaws. They may be addressed later if there is a need.
Mr. Cote and Mr. Ross felt that it would not be a good idea if the CPA will be going around at the same time as the bylaws, again.
The Con Comm discussed that the bylaws and regulations should be put together; so that a full presentation can be made.
The PowerPoint presentation from Steve will be helpful in creating bylaws. There is a need to determine whether everything should be included as one large document or if there should be individual articles for each item that was identified as important.
The consultant from SRPDD can help pull a draft together. There are 20 hours of SRPDD time available.
FOLLOW UP ACTION BY:
Next bylaw meeting is 2/16/06, and then one more after that.
Erika-
-Anything current should be reviewed now, compare and contrast what is already there with what still needs to be put in.
-Invite Bill Napolitano to a meeting.
-Look at other town bylaws, and adopt some.
Bill Napolitano-
-Have him look at the current bylaw, and mark it up with any additions/deletions that he can think of, and then go from there.
5. Minutes review, edit and approve.
ANNE AVELINO HERE FOR THIS DISCUSSION.
DISCUSSION:
It was discussed whether or not to approve the 12/15/05, and 1/5/06 meeting minutes with edits or not.
DECISION:
The 12/15/05, and 1/5/06 meeting minutes were approved.
VOTE TO: Approve the 12/15/05 meeting minutes.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE TO: Approve the 1/5/06 meeting minutes.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
Formal Session 7:00 p.m.
1.
Opening of a public hearing at 7:00 p.m. relative to the filing of an abbreviated notice of resource area delineation to confirm the boundaries of 260 feet of bordering vegetated wetlands and 240 feet of bank for 476 South Main Street, Assessors’ map 11, parcel 216, Town of Raynham. The abbreviated notice of resource area delineation is being submitted by Barrett Johnson, 476 South Main Street, Raynham, MA 02767.
DAVID MCRAE RECUSED FROM THIS DISCUSSION.
ANNE AVELINO IS HERE FOR THIS DISCUSSION.
DISCUSSION:
At the last meeting, Con Comm voted to use a consultant for this project. Jeff Bridge and the Agent visited the site. First, they both agreed that the BVW line, and the mean annual highwater, and bank should be clearly labeled and continued as they end in the middle of the lot. Mr. Johnson, the applicant, indicated in an office meeting that his intentions are to have all related resource areas on his lot approved by the Con Comm as he intends to subdivide the lot. Therefore, the Agent would recommend that the following related resource areas be investigated for completeness: BVW, MAHW, Bank, BLSF, flood zones. Also, there were flags up from an old line that Walter Hewitson flagged, and the new line as flagged by
Mr. Murphy. There is 100 feet separation between them. The Agent would encourage the applicant to provide data sheets, a narrative, and soil logs to justify the line. Once any and all of this material is in, Jeff Bridge will review and give a cost estimate to proceed as payable by the applicant – this needs to be in with enough time to collect the money. Jeff Bridge will review the plans, and proceed in the field once the budget has been agreed to and a deposit has been received. Jeff Bridge is going to wait on providing a cost estimate for review pending the receipt of the added information. This estimate can be reviewed and approved on February 16 if they make the changes and provide the additional information by February 6, so that Jeff can review everything. We will continue on 2/16/06.
DECISION:
The meeting is continued to February 16.
The current bank and wetland lines need to be extended and any other resource areas need to be confirmed, such as flood line, bordering and subject to flood, mean annual high water to determine riverfront area.
FOLLOW UP ACTION BY:
Erika – Email Josh a written summary of what is needed.
Josh Borden – DEP data sheets and soil logs –more flagging and a revised plan; extend the lines all the way out; soil logs for quadrants or every 2 flags with an analysis of how it was done.
VOTE TO: To continue until 2/16/06.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae - recused
Jim Ross
2.
Opening of a public hearing at 7:15 p.m. relative to the filing of an Abbreviated Notice of Resource Area Delineation to confirm the boundaries. The boundaries of 180 feet of bordering vegetated wetlands for 1635 Broadway, Assessors’ map 3, parcel 77 and 78, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by 1635 Broadway Realty Trust, 196 Mohawk Road, Raynham, MA 02767.
DAVID MCCRAE IS BACK FOR THIS DISCUSSION.
DISCUSSION:
At the last meeting, Con Comm voted to use a consultant for this project. Jeff Bridge and the Agent visited the site. First, they both agreed that the BVW line needed to be continued as it ends before the end of the lot. Also, there were flags up from an old line that Walter Hewitson flagged, and the new line as flagged by Mr. Murphy. There is some crossover, and some separation between them. The Agent encourages the applicant to provide data sheets, a narrative, and soil logs to justify the line. Once any and all of this material is in, Jeff Bridge will review it and give a cost estimate to proceed as payable by the applicant. This needs to be continued. Jeff Bridge is going to wait on providing a
cost estimate for review pending the receipt of the added information. This estimate can be reviewed and approved on February 16 if they make the changes by February 6, so that Jeff can review everything.
DECISION:
The BVW lines need to be continued. Data sheets, a narrative regarding vegetation, and soil logs (use quadrants to do the soil logs) to justify the line need to be provided by 2/6/06 in order for the consultant to review, and the discussion to be continued at the 2/16/06 meeting.
FOLLOW UP ACTION BY:
Erika – Email a summary of what is needed to Josh Borden
Josh Borden – provide data sheets, a narrative regarding vegetation, and soil logs (use quadrants to do the soil logs) to justify the line – complete these by 2/6/06 so that the consultant can review and this can be continued on 2/16/06
VOTE TO: Motion to continue on 2/16/06.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
3. DEP # 269-0749
Opening of a public hearing at 7:30 p.m. relative to the filing of a Notice of Intent for the construction of a paved turn around and parking area on an existing gravel road (Rogers Way). The site is located at 977 North Main Street, Assessors’ Map 5, Lot 70-2, Town of Raynham. The Notice of Intent is being submitted by Shawn Cairns.
Postponed until February 2, 2006.
DID ANYONE RECUSE THEMSELVES OR LEAVE EARLY IF SO FOR WHAT NUMBER HEARING AND AT WHAT TIME:
David McRae from #1, 2, and 3 Informal Discussion, and for #1 Formal Discussion.
Anne Avelino from #1, 2, 3, and 4 Informal Discussion.
TIME MEETING CLOSED: 8:00 p.m.
MOTION TO CLOSE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
David McRae
Jim Ross
SITE VISITS:
1. Agent informed the Commission that a site visit has been scheduled for 1/20/06 at 9:30 a.m. ANRAD for Decathlon Sports.
2. 95 Warren Street West for a COC needs to be scheduled.
3. ANRAD 241 Church Street Morreales needs to be scheduled.
DISCUSSION:
This is in regards to the enforcement order. Con Comm should verify that there is an enforcement order for cease and desist on his property and validate that when he shows up for a meeting. Con Comm should have documentation and dates for when he has done these things on his property.
DECISION:
Con Comm to verify that there is an enforcement order for cease and desist, and then have the Agent take appropriate steps to get some type of resolution.
VOTE TO: Have Agent call his lawyer and have him let his client know what a cease and desist order is, and follow up with a letter. If nothing happens, it should automatically be forwarded to DEP.
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
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