FINAL MINUTES FOR THE RAYNHAM CONSERVATION COMMISSION MEETING ON MARCH 16, 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 9:00 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
Jim Ross, Recording Secretary
David McRae, Commissioner
Informal Meeting
1. Discussion with Roger Stolte, Raynham Highway Superintendent involving Temi Road erosion problems - tabled until Roger Stolte arrives
2. Discussion with Elliott Southworth involving the CPA
Anne Avelino attended the meeting during the discussion.
DISCUSSION:
Elliott Southworth came in to speak with ConCom regarding the CPA. The CPA is a way of getting funding to help the town pay for its growth. He mentioned that Bill Napolitano from SRPEDD would be coming to the Finance Committee meeting on Monday, 3/20/06 at 7:30 p.m. at the Senior Center, and all are welcome to attend. Since Elliott is running for Selectman, Rich McCarthy and Erika Ueberbacher would be attending the Finance Committee meeting to answer questions from the public on the CPA. Bob Davis was also in attendance at the ConCom meeting. He spoke about enlisting the help of the Help Raynham people to role out the Outreach Campaign, and mentioned that volunteers were needed for Grassroots Citizens on Monday night.
FOLLOW UP REQUEST BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
Erika Ueberbacher - will add onto the meeting calendar for the Town of Raynham that the deadline for articles going on for the town meeting need to be in for April 3rd; will get Elliott some computer access; and, will make sure that the language gets to the proper people by 4/3/06.
VOTE TO:
ConCom to submit warrant language to the Selectmen, but may need to change the parenthetical.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
Formal Meeting 6:15 p.m.
1. DEP # 269-0750
Continued public hearing at 7:30 p.m. relative to the filing of an Abbreviated Notice of Resource Area Delineation under the Wetlands Protection Act, Mass. G.L. Chapter 131, Sec. 40. The Abbreviated Notice of Resource Area Delineation is being submitted for the verification of 13,500 linear feet of bordering vegetated wetlands at Locust Street, Map and lots as follows: Map 9: Lots 207-1B, 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 Abbreviated Notice of Resource Area Delineation is being submitted by Donald Schute of Broadway Realty Trust.
David McRae attended the meeting during the discussion.
DISCUSSION:
A revised set of plans were submitted, and a site visit was conducted. Waiting for the flag numbers appropriately labeled and delineated, and a brief update. Three areas were labeled and looked at. Another small area was delineated. The isolated wetlands and the bordering vegetated wetlands were identified - all were IVW, and all were done and labeled. The flags were approved.
VOTE TO:
Approve the ORAD.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
Bordering vegetated wetland flags: WF-1 through WF-324, WF-600 through WF-665, WF B-1 through WF B-27, WF-355 through WF-394, WF-457 through WF-466, WF A-28 through WF A-33, WF C-1 through WF C-86
Isolated vegetated wetland flags: Area 0: WF A-1 through A-6; Area 1: WF K-1 through K-36; Area 2: WF P-1 through P-11; Area 3: WF H-1 through H-43
2. DEP # 269-0771
Opening 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:
William Rosa, Attorney-at-Law, sat in and spoke for Frank Morreale III. The site visit was scheduled and confirmed. Continuation of this delineation is April 6 at 7:30 p.m. Need to get information into ConCom one week ahead of the continuation to get on the meeting schedule for 4/6/06.
DECISION:
Site visit was scheduled for 3/20/06 at 8:00 a.m. ConCom needs to review the wetland flagging and the plans they have to answer any soil and/or flag questions.
Close Formal
Reopen Informal 6:30 p.m.
1. Discussion with Roger Stolte, Raynham Highway Superintendent involving Temi Road erosion problems.
DISCUSSION:
Roger Stolte from the Raynham Highway Department attended the ConCom meeting to discuss a sink hole problem developing in one location, and a major sink hole in another location involving two properties on the corner in the cul-de-sac on Temi Road. It needs to be fixed; there's a lot of infrastructure; it's in an easement. An engineer was hired to lay out the easement to know where the pipe was. This was the first subdivision in Raynham, and it is a metal pipe with a lot of deterioration. If the problem is with the metal pipe, the next step is to replace it. If the pipe does need to be replaced, the design should be changed a bit. Roger will come back to ConCom with an NOI to intercept the pipe, and drain it downstream. He is also seeking a permanent easement for the
town. Boons are in, so it will protect the stream; he also knows where the hay bales are going to go.
Roger also spoke to ConCom regarding the dam on Gardiner Street. He is getting an engineer to do a drawing. A portion of the dam on Gardiner Street is still on private property, and the line needs to be moved back about 30 feet so the Town can take full responsibility of maintenance of the dam issue.
FOLLOW UP REQUEST BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
Erika Ueberbacher
Roger Stolte - take pictures as progress is made on Temi Road and owes ConCom a response on what was done on the Gardiner Street dam
Close Informal
Reopen Formal 6:40 p.m.
3. Opening of a public hearing relative to the filing of a Request for Determination of Applicability to raze an existing covered porch, to remove an existing driveway, and for the construction of a 30' by 24' addition with relocated driveway at 205 Old Center Street, Assessors' Map 5, Parcel 68-69, Town of Raynham. The request for Determination of Applicability is being submitted by Jessica and Dana Murray.
DISCUSSION:
This is more of a zoning issue, and it got passed by zoning. There is some BVW on their property, but the work being done on the home is on the other side of the house, not the side facing the BVW.
FOLLOW UP REQUEST BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
Erika Ueberbacher - will send the rest of the information in the mail; will inspect the hay bales or help with where to lay them
Dana Murray - send a copy of the foundation permit in with the building permit
VOTE TO:
Recommend a standard DOA negative three with conditions.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
Close Formal
Reopen Informal
3. Minutes Review 2/16/06, Edit and approve
VOTE TO:
Accept minutes.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
Close Informal
Reopen Formal
4. Discussion Re: 691 Broadway
DISCUSSION:
The day care center at 691 Broadway was flooded out. The plan was revised; the drainage was relocated and dug out. Since the work has been done, the Post Office has not been flooded out again.
DECISION:
The Agent looked at the plan, determined that it looked good, and will schedule another site visit with Roger Stolte.
FOLLOW UP REQUEST BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
Erika Ueberbacher - to schedule a site visit with Roger Stolte
5. Discussion re: 265 Overlook Drive
DISCUSSION:
The main concern is that the ground was raised for the pool area when it was installed. There's been some erosion. Need to reinforce the structure around the pool area. Also, would like to replace the shed.
DECISION:
Scheduled a site visit for Monday, 3/20/06 at 9:30 a.m. to see what there is for resources. Close out the old file, and do a new file for wetland flagging and do new NOI.
6. Discussion re: Wildflower Green
DISCUSSION:
An update was provided by Mike Jones of Can-Four. In summary, John Schmid reviewed the original design, and made some comments. The site as a whole meets stormwater management guidelines; however, each individual area needs to be looked at to see if it conforms to the concept.
First issue: one detention basin, there might be an issue in terms of the offsite flow exceeding the pre-construction off sight flow. Possible solution is to rerun the numbers for all the downspouts for all the houses.
Second issue: concern that the walkout basements near the vernal pool in the center of the subdivision would have problems if the vernal pool flooded. Possible solution is to put an 18" high birm right outside of the 15' no touch zone to give another foot-and-a-half of safety.
Third issue: Too much silt and too much loam built up at bottom of ponds. Possible solution is to, in each pond, put 5' wide strip of trap rock that goes from where water comes into the basin to where it exits.
Lastly, for the basins behind the clubhouse, and behind A4, a wick may need to be put in both of those to get really good connection from the sand underneath the ponds to have much better leaching.
The rest of the update was given, and then ConCom had Q&A with Mike Jones. The Dyans were in attendance and participated in question and answer with Mike Jones of Can-Four and ConCom.
DECISION:
Continue on 4/6/06 at 7:00 p.m. with update on the work that has been done. Get information into the Agent for the meeting on 4/6/06 one week ahead of the meeting and earlier if John Schmid needs to review.
7. Continuation 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.
DISCUSSION:
Bob Murphy discussed why only a couple of soils were done instead of what was asked for in the email from the Agent.
DECISION:
Bob Murphy will complete the soils as instructed in the email and include vegetative data sheets and will include a narrative. Continue this to 4/6/06 at 7:30 p.m. All materials need to be in one week ahead of the meeting date.
8. Continuation 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 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, 296 Mohawk Road, Raynham, MA 02767.
David McRae back in for this discussion.
DISCUSSION:
Bob Murphy discussed why only a couple of soils were done instead of what was asked for in the email from the Agent.
DECISION:
Bob Murphy will complete the soils and vegetative data sheets as instructed in the email, and will include a narrative. Continue this to 4/6/06 at 7:30 p.m. All materials need to be in one week ahead of the meeting date.
9. Malloch Lot 4 269-760, revised plan
DISCUSSION:
Stuart Clark, the engineer on the project, presented three issues to ConCom.
1) Debris piles were located on the land. He would like to improve the silt fence line, and start tearing down the buildings he found (old shed, chicken coop, a couple of outbuildings), but he would like ConCom to approve first before he does this, and moves the silt fence to 25' silt fence line at the top of the hill. He assured ConCom that there would be no earth moving, just rake with a backhoe, but not beyond the 25' line.
2) He was approved for a larger house only four feet from the 25' no touch zone, but he shrank the size of the house, decreased the impervious area by 25% on the house and the driveway. Now it will be fourteen feet from the 25' no touch zone.
3) There's a shed close to the wetlands, about 30', and behind it is an old chain fencing, stockade fencing, and boat. He has no order for Lot 3 and it is on Lot 3. He will leave it for now and come back for RDA to take that structure out of there.
DECISION:
Issue 1) - ConCom in favor if hay bales and silt fence were put in prior to clean up.
FOLLOW UP REQUEST BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
Erika Ueberbacher - go out to take look at silt fence for Lot 4 when ready
Stuart Clark - He will provide a whole new plan for Lot 3 when he comes in for RDA.
VOTE TO:
Approve new building size, and allow them to clean the area up, and put in silt fence - all for Lot 4.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
10. Steve Gordon re: Foundation permit for Mastria Nissan
DISCUSSION:
Eddie Ferreira came in representing Mastria Nissan, and to obtain a signature on the foundation permit. Mastria Nissan was asked to attend the meeting due to it was advertised to the public that Mastria Nissan was due to come in to finalize the plan on 4/6/06. The Agent does not have any authority to sign a foundation permit prior to the 4/6/06 meeting date unless approved by the ConCom for the Agent to do so. Mastria Nissan will lose a large amount of money by Nissan Corporation if they do not get the foundation permit signed and begin foundation work by end of March, '06. Mastria Nissan heard back that Judith Nitsch's office had approved the plan, but it had not yet made it across the Agent's desk. The dilemma was if the Agent signs the foundation permit, she is signing it for the
old plan, as well as, it was advertised to the public for 4/6/06 to the public, and if anyone has an issue, and the Agent approves the plan, they are violating someone's due process if they have an issue with it.
DECISION:
It was decided that ConCom would like to approve the Agent to sign a foundation permit on the already approved plan dated 5/3/04, and sewer plan dated 4/21/05.
VOTE TO:
Approve Agent to sign a foundation permit on the already approved plan dated 5/3/04, and sewer plan dated 4/21/05, with special conditions.
MOTION MADE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
MOTION SECONDED BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
VOTE:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
SPECIAL CONDITIONS:
Digging and forms but no pouring the full foundation.
11. 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, Raynham, MA. The Notice of Intent is being submitted by Shawn Cairns.
Postponed until April 6, 2006 at 7:30 p.m.
DID ANYONE RECUSE THEMSELVES, OR LEAVE EARLY; IF SO, FOR WHAT NUMBER HEARING, AND AT WHAT TIME: YES, David McRae from #7 Discussion re: 691 Broadway of the Formal Discussion.
TIME MEETING CLOSED: 9:00 p.m.
MOTION TO CLOSE BY:
Mark Peterson
Anne Avelino
Mary Ellen Rochette
Jim Ross
David McRae
SITE VISITS:
1. 241 Church Street, Monday, 3/20/06, 8:00 a.m., leave Town Hall and meet Walter on site.
Jim Ross
Anne Avelino
Erika Ueberbacher
Walter (Wetland Specialist)
2. 265 Overlook Drive, Monday, 3/20/06, 9:30 a.m.
Jim Ross
Anne Avelino
Erika Ueberbacher
Walter (Wetland Specialist)
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