CONSERVATION COMMISSION May 5, 2005 at 7:00 p.m.
MEETING Town Offices, 53 Orchard St.,
Raynham, MA 02767
MINUTES
PRESENT: Jim Ross, Chairman
Mark Peterson, Vice-Chairman
Anne Avelino
Mary Ellen Rochette
William Smith
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
1. Continued discussion re: 25-foot No Touch Buffer. Erika discussed putting together a written policy that would reflect our 25-Foot No Touch Vegetative Buffer Policy which would incorporate current changes in the legal system. She discussed the importance of putting the policy in writing even though it has been standard practice with the Commission. Jim suggested that the policy be drafted, checked for legality and then distributed to the departments for comments. He also recommended writing the policy in basic language so the regulation would be easy to understand. Erika will send the policy to town departments as well as email it to Jeff Bridge and John Schmidt, Consulting Engineer. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to send draft interim policy out for comment.
2. Continued Discussion re: Recordable Documents
There was a discussion on the best way to handle recordable documents. Erika suggested having two originals; one to be used for recording by the applicant and one for ConCom’s file. She stressed the importance of the applicants having all the required documents as well as the importance of these documents in the event the CPA passes. She will check with the applicant’s representative or engineer to determine who will be the contact person for recording the documents. Erika will also set up a system to track these documents.
3. Discussion re: Recommendations for Burning with a valid burn permit. There was a discussion on attaching a document to the burning permits for the residents’ information and the possibility of being distributed by the Fire Department. Jim suggestion adding the word burning to the permit to make the language clearer. Erika discussed the issue of burning and clearing wetland vegetation. Jim suggested adding a note that if residents have any questions about the place where they have chosen to do burning which might potentially result in a violation of the Wetland Protection Act that they contact the Conservation office. Erika will amend the information and distribute to town departments for comments.
4. Discussion re: Enforcement issues
Jim asked Erika to talk about the new enforcement issues. Erika presented a brief summary of the enforcement issues to date. She suggested creating a more formal complaint log and would check with Randy to make sure to incorporate any rules or regulations that might be required.
She discussed Dean Street, George Andrews property which is currently at a stalemate and awaiting a decision from the DEP.
South Main St. ANRAD. Erika stated that she is awaiting information on a cart path.
In the meantime, she explained that the flags are shown on the plan and that the plan is to create an ANRAD that incorporates all of the changes that Judy, Chris Ross, DEP, Jeff Bridge and herself have made and have this document become the new plan of record. Another site visit would be made to come up with ideas on how to work this site.
There has been more cutting on 88 Fair Acres Ave. Erika stated that she took pictures and has sent letters. She also requested an on-site meeting with the owners which they did not keep. Anne motioned, Bill seconded, unanimous vote by the Commission to issue a Enforcement Order.
905 North Main Street. Dirt piles will be moved and a grading plan is in the process. Erika wasn’t sure if he had a deck as she did not find a permit. She will send them a letter reminding them about their status of filing.
Center Street. Regarding filling in the back yard. They said they did not know about the wetlands protection.
Mr. King stated that the greenhouses are being leased on this property. He has made an appointment to go out on Monday afternoon at 2:30 p.m. to discuss what he plans to do with the property.
Barber shop. Tom Pozerski, Hayward, Boynton & Williams will track.
Mr. Morreales. She stated the Mr. Morreales came into the office two weeks ago to discuss but no form has been received. She suggested that he come into the office and fill out the form with her.
Erika advised that a complaint was received from someone at Johnson Pond. A path had been put in and a floating dock was installed. The access was over someone else’s property. In the interim, the dock has been pulled out and they will try to get permission to cross over the property.
Pleasant and Pine St. The huge area had been cleared. The project is a 55 and over which had gone through the Planning Board. There are no wetlands involved.
South Street West. Complaint have been received regarding tree removal and fill on this property. Erika stated that she would like to send letters to both as neither of them have followed through cleanup.
377 Orchard St. Blacktopping has been done. Erika stated that she has to review the file. Jim said he believed as an Order of Condition, the driveway would remain dirt. Erika said she will invite them to come in.
Anne discussed the work the homeowner had done at 333 Dean St. Erika said that the process of sending out two letters followed by an Enforcement Order is working well. To make it easier, she will update the tracking and draft up a formal complaint form. Jim agreed that the process is working well. Jim stated that the Commissioners have enforcement authority and should have some sort of identification, maybe a business card with telephone numbers or a badge. Jim advised that if there is any type of complaint, it is the obligation of the Commission to follow up on it.
Jim reminded everyone that Biodiversity Day is Saturday, June 4th at Johnson Pond from 8 a.m. to noon. He said that anyone is invited to come and help make a list of plants and animals that reside there.
5. Informal discussion with Mastria regarding sewer line installation. This hearing was postponed to May 19, 2005 at the applicant’s request.
6. Timothy Downing – Certificate of Compliance. This hearing was postponed to May 19, 2005 at the applicant’s request.
Motioned, seconded, unanimous vote by the Committee to accept the minutes of the April 21, 2005 meeting.
Jim discussed the Town’s Annual Report. Jim wanted to reiterate that there were many changes in the Commission during 2004. He wanted to recognize and thank Steve Cote, as the most knowledgeable Chairman he has ever known, Bob Ventura, for his legal knowledge, Peter Schondek and Judy Christine for more than 18 years of service. He discussed the Taunton River as Wild & Scenic, and hoped that the creation of a local wetland bylaw would be approved at the town meeting.
Anne said there are a couple of people that she knows that would like to become part of the Conservation Commission. Jim said would love to introduce the associate membership who could fill a position in an emergency.
7:30 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS:
1. New Public Hearing for an Abbreviated Notice of Area Resource Delineation to confirm the boundaries of Bordering Vegetated Wetlands for 1557 Cape Highway, Assessors’ Map 16, Lot 61C; the applicant is North Light Realty Trust. Mr. Al Lumus from Quincy Engineering Group. Steve Chmiel, Wetlands Consulting represented the applicant. Erika, Anne, and Mark walked the site on Tuesday and did not have any concerns. Bill motioned, Anne seconded, unanimous vote by the Commission to approve plan .
2. 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. Erika stated there was an informal meeting about the sewer line that was postponed to the 19th. Paramount Development agreed to accept ENSR’s comments and reflagging. A new plan of record has been received which reflects all of the recommended changes. The restoration issues will be discussed at the next meeting.
Commissioners Bill Smith and Anne Avelino recused themselves from the hearing. Jim said Erika had seen the flags. There was a review of the plan and discussion. Mary Ellen motioned, Mark seconded, unanimous vote by the Commission to approve the ANRAD dated May 3, 2005.
3. Continued Public Hearing for a filing of a Notice of Intent for the proposed construction of a Wal-Mart Store with associated parking area, access driveway, utilities, drainage systems, retaining walls and grading within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at 160 Broadway, Assessors’ Map 7, Lot 13; the applicant is Bohler Engineering, Inc. Ralph Tupperman represented the applicant. Mr. Tupperman stated that he has received the permit retail use in an aquifer protection district as well as an increase in impervious coverage up to 65% in that district. He stated he has received site plan approval for parking reduction and for a subdivision. He has received a waiver for 150 parking spaces and that the total number of parking spaces is 1,073. He stated that they have
provided a very sophisticated recharge drainage system. Mr. Tupperman stated that he has been working with the North Raynham Water District and has agreed to put in four monitoring wells and a quarterly testing regime. He stated that have entered an agreement with the North Raynham Water District and has given them access to the property so they can change filters or perform testing and will pay half price for the well. Mr. Tupperman said the store will remain at 208,000 sq. ft. with 1,073 parking spaces but that they have pulled away from the well about 400 ft. Erika asked about the lighting plan. Mr. Tupperman advised that there will be a 28 ft. fixture lighting plan. He also stated that there has been a host of traffic renovations, extension of the sewer line from King Philip Street down to the Murby house and 600 ft. further. A new set of plans will be generated. Erika advised that she would need any minor changes requested
from Board of Health. Erika recommended closing the hearing and would collect any decisions or conditions from the Planning Board. She will draft an Order of Conditions and incorporate the other board’s conditions. Erika advised Mr. Tupperman that if everything is alright, it can be signed off on May 19th. Jim wanted to make sure that all final information is received from the other boards and asked for Erika’s assurance. New set of erosion control conditions. Erika said we will have them come back to go over the conditions. Jim wanted to make sure that we get all final information from the other boards, and be consistent with it.
Chairman Ross commended Mr. Tupperman for a very good job of anticipating and responding to the issues raised and for going above and beyond in terms of meeting the criteria that was set. Erika said that she felt comfortable with everything that had been asked for. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to approve plans dated January 28, 2005, conceptual site plan dated March 2, 2005 and lighting plan dated March 9, 2005. Chairman Ross read a letter regarding defeat of the local Preservation Act in his role as a citizen. He discussed the goodwill Wal-Marts Acres for America Program in Partnership with the National Fish and Wildlife Foundation has been involved in which Wal-Mart is committed to conserving at least one acre of priority wildlife habitat for every they develop. Chairman
Ross stated that Raynham is on its way to have the Taunton River become part of the federal Wild and Scenic River Program and that there are several important habitat areas in the river corridor Wal-Mart could help us protect. We have other sites in Raynham as well. Chairman Ross asked for some consideration. He asked their help to preserve some of the special places that are faced with aggressive development since they recognize the need to protect important habitat. This is a personal plea to Wal-Mart. He asked for their consideration. Mr. Tupperman agreed to forward the letter to the headquarters.
4. Public Hearing for the filing of a Notice of Intent for the proposed installation of storm water management water quality structures, grading, site landscaping, and a parking area associated with the development of a single-story cold storage warehouse and distribution facility, approximately 7,000 square feet in size within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Commerce Way, Assessors’ Map 15, Lot 176-2H; the applicant is Schwan’s Home Service, Inc. This hearing was postponed to May 19, 2005.
5. Abbreviated Notice of Area Resource Delineation to confirm the boundaries of Bordering Vegetated Wetlands for 20 Bellows Road, Assessors’ Map 14, Plot 242,
Lot 3; the applicant is RNR Plastics. This hearing was postponed to May 19, 2005 at the applicant’s request.
ADMINISTRATIVE BUSINESS SESSION (Continued):
1. Frank Ferreira site visit re: filing required. Wants ConCom to double check what filing will be required for what he plans. Wants to do something on a weekend. South Street West.
2. COC Lot 13A, Wampanoag Road
If something comes in, will work in some week nights because the weather is better and light at late.
Jim Ross stated that he received invitation for SERPD’s annual meeting. Speaker will discuss “Billion Dollars Busing for Regional Rail” at the Wamsutta Club, New Bedford. May 18, at.6 o’clock.
Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 8:17 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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