FINAL MINUTES FOR THE RAYNHAM CONSERVATION COMMISSION MEETING ON MAY 4, 2006
The meeting of the Raynham Conservation Commission was called to order at 6:00 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 9:22 p.m.
Staff present: Teresa Vickery, Verbatim Recorder, Erika Ueberbacher, Conservation Agent
Members Present: Mark Peterson, Chairman
Mary Ellen Rochette, Commissioner
David McRae, Commissioner
Informal Meeting
3. Discussion re: Wildflower Green
DISCUSSION:
Mike Jones, of Can-Four Corporation, came in to recap the work that has gone on at Wildflower Green with the help of Can-Four’s consultants, and ConComm’s consultant. He went into detail about each of the three ponds that needed attention, and what will be done to them, and around them, to make them drain more efficiently. He stated that all of the issues were resolved to his consultants’ satisfaction, and they need the plan approved by ConComm in order for ZBA to, then, approve it.
John Schmid, the consulting engineer for the ConComm, spoke and mentioned that he was in agreement with all of the work that Can-Four is proposing to do to make these ponds drain more efficiently.
The Dyan’s, property owners at Wildflower Green, spoke about their continued concerns, and whether or not Can-Four will follow through, and complete the work to make the ponds drain more efficiently. They were assured by Can-Four, ConComm, and John Schmid that they would as they would have to in order to be granted a certificate of compliance.
VOTE TO:
Accept the plan dated 4/12/06 with the correspondence and sketches attached.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae joins the meeting at 6:23 p.m.
1. Discussion re: plan modification Benevides, Prospect Hill Street
Dave McRae recused.
DISCUSSION:
Mark Peterson and the Agent went out to the site on 5/4/06. They observed flags missing, no hay bales left, and, originally, there was a turnaround proposed, but, on the new, proposed plan the turnaround is gone. The Agent believes that the turnaround is being requested by the Planning Board, and will check on that. There are a lot of conditions that he is currently not in compliance with. The Commission is being supplied with a new set of plans, but needed to decide if they want to approve these plans as a revised plan set. They also needed to decide if this is a minor change and provide notification to abutters, or if it is a major change with a whole new plan.
DECISION:
ConComm’s suggestion to Mr. Benevides was to find out if he needs the turnaround put on the plan. If he does need the turnaround, he should have his engineer put it back on the plan. Mr. Benevides also needs to put in hay bales, he also needs to pull the debris out of the buffer zone, and, everything highlighted on the order of conditions has to be complied with. Further, he needs to have his engineer put the lumber pile on the plan and label it. Lastly, he should have his engineer follow up with the Conservation Agent.
FOLLOW UP REQUEST BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
Erika Ueberbacher – Check at the design review meeting to see if the Planning Board is requiring the turnaround.
2. Discussion re: Metro Ford Mazda
DISCUSSION:
Brian Dunn with Fuss O’Neil came in representing Metro Ford Mazda. He was previously in front of the Commission with an NOI. He was issued an approval for site plans a few months ago. However, he prepared pricing in regards to the approved plans, and, it appears that all of the infiltration designs are not feasible cost-wise. He has now devised an open detention system at the rear of the lot instead of all underground. Instead of infiltration for drainage, it is now proposed to be catch basins, and closed drainage systems located to the rear of the property. All of the work will still be kept outside of the 25’ buffer zone as requested by ConComm, and this plan increases green space by 2% over the
original plan. He has gone through the design review with the department heads, and has the approval of the Planning Board to date. Both of the plans meet the DEP storm water quality volumes I and II. The Agent responded to the Commission that John Schmid approved the new plan.
A complaint letter was received from the BOH re: rubbish debris in the back of the lot. ConComm showed the letter to Mr. Dunn. He responded that this is the first time they’ve heard of the complaint, and they will follow up with the Board of Helath.
DECISION:
ConComm approved the applicant to clean up the rubbish past the limit of work, and asked that they conservation grass seed it.
ConComm suggested that they could have the water tested by calling the BOH.
ConComm would like for before and after pictures to be taken of the clean up.
VOTE TO:
Accept the plan with a 4/11 revision date for minor modifications.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
4. Approval/Edit of minutes from 4/6/06
VOTE TO:
Approve minutes from 4/6/06.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
Formal Meeting 6:48 p.m.
1. DEP # NOT APPLICABLE
Opening of a public hearing relative to the filing of a Request for Determination of Applicability for the South Street East Pump Station improvements project which includes the installation of an outdoor standby power generator and concrete pad, buried electrical conduits, relocation of approximately 24 feet of chain link fence, and installation of a new 2” gas service pipe and meter along the north side of the pump station to the generator. This sewage pump station serves the sewer system in the southeast portion of Raynham. The project location is 9 South Street East, Assessors’ Map 17, Lot 151A, Raynham. The Request for Determination of Applicability is being submitted by the Board of Sewer Commissioners.
DISCUSSION:
No new comments, and no new plan revisions.
DECISION:
Open and close the RDA.
VOTE TO:
Approve RDA with –3 with conditions.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
2. DEP #
Opening of a public hearing relative to the filing of a Notice of Intent under the Wetlands Protection Act, Mass. G.L. Chapter 131, Section 40. The Notice of Intent is being submitted for improvements to the existing Johnson’s Pond Dam as part of a dam improvement project that includes rehabilitation of deteriorated portions of the dam that will result in improved structural and integrity. The Notice of Intent is being submitted by Roger Stolte on behalf of the Raynham Highway Department. The proposed project is located at Orchard Street, Assessors’ Map 11, Parcel 10.
DISCUSSION:
Dave Cameron, engineer from Tighe and Bond, came in to discuss some repairs that need to be made to the Johnson’s Pond dam spillway structure. He went into detail for the Commission on how the work will be done. Jim Ross wanted to include for the record the discussion about the value of fixing this dam, and maintaining this dam is greater than the value of removing this dam, as it will create better access for the river herring, and other wildlife species.
The Agent stated that, usually, before an NOI is submitted, either an RDA, or an ANRAD must be submitted to confirm the resource areas. ConComm waived the requirement and asked that it be reflected in the minutes that the waiver was project specific.
The ConComm asked the engineer what the timing of the project might be, and he responded that it would be during the low flow period between July 1 and Oct. 1. Roger Stolte of the Highway Department commented that August might be a good time to do the work.
DECISION:
Continue to May 18. Once approved, ConComm stated that the Highway Department should post a notice at the pond, and, a week prior to the work commencing, they should put a notice in the newspaper.
VOTE TO:
Waive the ANRAD.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
FOLLOW UP REQUEST BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
David McRae
Erika Ueberbacher – Draft up conditions and send out on email to everyone.
Work with the Highway Department at having the start of construction announced at the Selectmen’s meeting so that it will make the papers, and the TV so that all abutters along the pond will know of what is going on, and when it will take place.
3. DEP #269-0773
Opening of a public hearing relative to the filing of an Abbreviated Notice of Resource Area Delineation for the confirmation of a 421-foot Bordering Vegetated Wetland line at 235 Overlook Drive, Assessors’ Map 3, Parcel 459, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by William Zolga.
DISCUSSION:
Tom Pozerski from HBW came in to represent Bill Zolga on an ANRAD plan. ConComm had some concern over whether there was a drainage ditch, or a perennial stream, on the property. Mark Peterson had been out there, and it had all of the characteristics of an periennial stream: a gravel bottom, it was flowing and it hadn’t rained in seven days, and a lot of water was flowing. Mr. Pozerski believes it is a drainage ditch which was manmade for a roadway as it does not show up on any geodetic maps, it doesn’t have the required size needed for a perennial stream, and it doesn’t come out of where two streams meet. He mentioned that the person who did the wetland flagging, Walter Hewitson, also, did not say whether it was an intermittent stream, or a drainage ditch.
Further, he stated that there was no information on whether the bordering land is subject to flooding. The Agent, also, did some research, and reviewed some old files related to abutters, and did not have anything on whether this was a drainage ditch, or a perennial stream. Lastly, Mr. Pozerski stated that it is contained within the wetland, has a 100’ buffer, is protected by the wetland, and has a tree line.
DECISION:
Label flags 1-33 as accurate BVW. Flags 1-15 are accurate, but not part of this approval as they are on an abutter’s property. Accept and approve the plan for only flags 16-33 which are on the subject’s property, and label as BVW, and subsumed in that is an intermittent stream with the same associated buffer as flags 1-15.
VOTE TO:
Approve and accept only flags 16–33 on this subject’s property, and label as BVW.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
4. DEP #269-0777
Opening of a public hearing relative to the filing of a Notice of Intent for the construction of a 1,285 square foot addition and porch at 235 Overlook Drive, Assessors’ Map 3, Parcel 459, Town of Raynham. The Notice of Intent is being submitted by William Zolga, 235 Overlook Drive.
DISCUSSION:
Tom Pozerski of HBW is representing Bill Zolga on a building permit plan, which accompanies his NOI application. It is showing the same wetland line just looked at in #3 above, the same resource areas, and the same buffer zones. They are proposing an addition with a porch along the left side of the driveway. The closest construction is 48’ from the wetland. They will need to do some minor grading along the foundation.
DECISION:
The hay bales are to be 35’ away from the wetland line, extend out to the street, and remain in place until construction is complete. The Agent will come by to see that the hay bales are in, and will craft some conditions.
The limit of work is to be labeled on the plan. There is some construction debris disposed of in the resource area, which is close to the BVW. They will need to have the debris removed out of the resource area with a small bobcat, hand loaded. There appears to be some debris that needs moving between flags 6-9, 17-18, 22-23, and 26-27. The Agent will craft a condition re: the removal of said debris that will allow Mr. Zolga to do some work past his limit of work for debris removal only.
He will also need to spread some conservation grass seed mix.
Tom Pozerski to review the conditions, and revise the plan.
Continue to 5/18.
FOLLOW UP REQUEST BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
David McRae
Erika Ueberbacher – View hay bales, craft conditions, and send to Tom to review.
Tom Pozerski – Review the conditions from Erika, revise the plan, and come in for approval on the plan on 5/18 at 6:30 p.m.
Label the limit of work on the plan.
Remove debris with a small bobcat, hand-loaded, specifically, debris located between these flags 6-9, 17-18, 22-23, and 26.
Spread some conservation grass seed mix.
5. DEP #269-0771
Continuance of a public hearing relative to the filing of an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of 400 feet of Bordering Vegetated Wetlands for 241 Church Street, Assessors Map 18, Parcel 36-2, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by Frank Morreale III.
DISCUSSION:
Walter Hewitson, the engineer representing Frank Morreales, came in to speak with the Commission. He brought a plan with a handwritten date of 4/18/06. At the conclusion of the last hearing, the Commission needed two things: 1) the bank, or mean high water, whichever is greatest indicated by flags B2 – B10, and 2) the 100’ inner riparian limit, and the 200’ outer riparian limit. Both lines are shown on the plan. The 25’ no touch zone for BVW line was to be shown, and it is on the plan.
Mr. Hewitson inquired as to what the procedure was now with an enforcement order. The Agent responded that what is needed to be done is not far off from a full-blown NOI as all the information is here, and all the surveying is done.
DECISION:
The ANRAD was approved, so an informal discussion will happen on 6/1.
VOTE TO:
Approve the plan dated 4/18/06 for wetland flags BVW 1-18, B2-B10 indicating bank, or mean annual high water, whichever is greater (no B1 flag).
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Have a full NOI with a narrative
restoration plan.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Fix everything.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE TO:
Have the Verbatim Recorder, Teresa Vickery, read the rest of the hearings that were continued into the minutes.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
6. DEP #269-0769
Continuance of a public hearing 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.
Continued until May 18, 2006.
7. DEP #269-0768
Continuance of a public hearing relative to the filing of an Abbreviated Notice of Resource Area Delineation to confirm 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.
Continued until May 18, 2006.
8. DEP #269-0772
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, fence, and utilities within 100 feet of existing wetlands and a previously approved restoration are for map 3, Lot(s) 460, 461, and 189 Overlook Drive, Town of Raynham. The Notice of Intent is being submitted by Steve Parker.
Postponed until May 18, 2006.
9. DEP #269-0761
Opening of a public hearing relative to the filing of an Abbreviated Notice of Resource Area Delineation to confirm the boundaries of 14,639 feet of Bordering Vegetated Wetlands for 225 Mill Street, Assessors Map 8, Parcel 243-B, Town of Raynham. The Abbreviated Notice of Resource Area Delineation is being submitted by James Williams.
Postponed until May 18, 2006.
10. DEP #269-0775
Opening of a public hearing relative to the filing of a Notice of Intent for an after the fact NOI for a wetland restoration for an area of soil impacted by a gasoline release which was excavated from Bordering Vegetated Wetland and buffer zone. The area was backfilled with clean fill and topsoil. Native vegetation was planted according to a wetland restoration plan at Route 24/King Street, Assessors’ Map 12, Parcel 212 A6, Town of Raynham. The Notice of Intent is being submitted by Michael LaMarre, Exxon Refining and Supply Global Remediation.
Continued until May 18, 2006.
Close Formal 8:25 p.m.
SITE VISITS:
1. 151 Hickory Drive - RDA – Agent and Mark Peterson
2. Mill Street – Gonsalves, MAHW ANRAD – Jim Ross went on; it looked fine; Agent to contact Mark Tisdale
3. 98 Diniz Drive – permit – filed an RDA to move pool; Agent and Mark Peterson to go out
4. North Main Street – NOI – Shawn Cairns; Agent met with Shawn Cairns and Richard McCarthy; he is not doing the half moon turnaround; there will be no paving; ConComm will schedule a site visit once we have received a revised plan
5. Williams – ANRAD Bank Line – Jim Williams, HBW will do the bank flagging
6. Parker – Overlook – new item; NOI to be opened; Agent sitting down with David Gay, Tom Pozerski to discuss the project, all the things to be presented in terms of of both lots; he hasn’t started replication yet
Impromptu Presentation
DISCUSSION:
Jim Ross introduced Peter Nicholson, an Eagle Scout doing an Eagle Scout project. Peter gave a brief presentation to the Commission about the project.
There is a trail that runs behind Hewitt’s Pond, and it has deteriorated over the years. His project plan is to clear out all the brush, but to leave nature alone as much as possible. Peter would like to remark the trail, provide two picnic tables (if possible), and a wastebasket. ConComm was concerned over how the trash would be maintained. The Agent mentioned that the Highway Department just took over maintaining some park and recreation projects in this area, and for Peter to speak with Joe Medeiros and Tommy Bullock, as they also used to maintain this trail. The Agent will forward this project information to them, as well.
Peter was asked by ConComm how long the trail was. Peter’s response was that he was going to go to the historical society to find out the history of the trail, and any local vegetation that might be in the area.
Peter’s scheduled work dates on the trail are 6/10, 6/17, and 6/24.
The Agent mentioned that if there is a fundraising component to the project that Peter talk to her about a sign over by Escapades on Rt. 138 which was done by Raposa Signs.
DECISION:
ConComm asked that Peter mark where he wants to do the trail, and, then, ConComm will walk it with him, and tell him what can and can’t go (as far as brush, etc.). ConComm asked that Peter leave any brush behind for the animals.
VOTE TO:
Approve project.
MOTION MADE BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
MOTION SECONDED BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
VOTE:
Mark Peterson
Mary Ellen Rochette
Jim Ross
Dave McRae
FOLLOW UP REQUEST BY:
Mark Peterson
Mary Ellen Rochette
Jim Ross
David McRae
Erika Ueberbacher – Forward project information to Tommy Bullock and Joe Medeiros.
Peter Nicholson – Take pictures of the trail before and after the work is completed.
-Speak to Tommy Bullock and Joe Medeiros.
Back to Informal
5. Shelley Coelho appointment
DISCUSSION:
Shelley was approved to be on the Commission. An appointment letter is being sent to her dated for the 16th. She has between 5/16 and 5/18 to go to be appointed before the Town Clerk. If she is appointed before 5/18, she can officially begin attending meetings at the 5/18 meeting date.
6. Meeting announcement May 16
DISCUSSION:
At the Bridgewater library from 6 – 8 p.m. there will be a presentation on Critical Mass Land Use Change in Southeastern Massachusetts.
7. Wetland Protection Bylaw
DISCUSSION:
The May 1976 Wetland Protection Bylaw was found. It refers to the Massachusetts Wetland Protection Chapter 131, Section 40. It was replaced with the existing local wetland bylaw.
8. BioDiversity Day June 3rd
DISCUSSION:
It will be held at Johnson’s Pond from 10-12 p.m.
DID ANYONE RECUSE THEMSELVES, OR LEAVE EARLY; IF SO, FOR WHAT NUMBER HEARING, AND AT WHAT TIME: Yes, Dave McRae on Informal discussion #1 Benevides
TIME MEETING CLOSED: 9:22 p.m.
MOTION TO CLOSE BY:
Mark Peterson
Mary Ellen Rochette
David McRae
OTHER NOT ON THE AGENDA:
1. DISCUSSION:
The Barrett Johnson/Bob Murphy hearing was continued tonight. The Agent is not getting the actual forms that are needed, and needs some direction. She’s received the plant data sheet from DEP/hydric soils, which is on the back of the form. She’s also received a sketch from Peter Fletcher, the soil guy, but she cannot figure out the plot points.
2. DISCUSSION:
Jim Ross mentioned that the Town meeting would be held on 5/15 where there would be a discussion on the CPA.
3. DISCUSSION:
There is a take home on Mass Highway herbicide spray. If the Commission would like the Agent to do something, please let her know at the next meeting.
4. DISCUSSION:
Some discussion was had among the members re: Borden Colony land and its possible uses.
5. DISCUSSION:
There will be a reorganization of the Commission at the next meeting.
Jim Ross leaves 9:07 p.m.
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