Minutes of Meeting
January 17, 2008
Present: C. Botchis, A. Tolland, P. Boncek, P. Murphy, J. Senterman,
M. Allen, Associate Member,
Absent: R. Willis, J. Fournier, Nick Alfieri, Conservation Agent
There was a motion to accept the minutes of the December 20th meeting. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of January 3rd with one correction. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – Beaver Street Culvert Replacement – Town of Franklin – CE159-959
Mr. Bill Yadisernia, Town Engineer, and Mr. Chris Roy, Project Manager for Beta Group, both appeared before the Commission for the replacement of corrugated metal pipe culvert with reinforced concrete pipe culvert. Mr. Yadisernia stated that it is an existing 52” twin culvert that goes under Beaver Street and discharges into Beaver Pond and then into Mine Brook. The work will take place next summer during the period of low flow.
Mr. Roy informed the Commission that the purpose of this project is to replace the existing
52” corrugated metal pipes and replace them with 48” reinforced concrete pipes. Mr. Roy then explained the sequence of the construction process to the Commission. There will be minor repairs needed for the headwall to mortar the pipe and backfill and reconstruct the road and then obtain the Certificate of Compliance. The project is within the 100 year flood plain as well as the 100 ft. buffer zone. Mr. Yadisernia stated that a copy of the flood study is enclosed in the Notice of Intent package to address any flooding concerns.
Mr. Yadisernia also informed the Commission that a letter has been sent to Natural Heritage as there are endangered species located in the area. No response has yet been received. A copy of this letter has been added to the file. A DEP file number has been received.
There was a motion to waive the fees under the Local Bylaw. The motion was seconded and accepted with a vote of 5-0-0.
A Commission member asked Mr. Yadisernia when the silt curtain will be installed. Mr. Roy stated that this will occur when the haybales are installed and will be removed when the construction is complete and when the vegetation is grown back and the site is stabilized. There will be 6” of stone put down. The length of the project will be between 2-4 weeks.
The Commission has determined that no site walk will be necessary.
Mr. Yadisernia informed the Commission that floating booms will be put in the water and engineer certified and will be requesting that the Conservation Agent inspect the site after this occurs.
There was a motion to continue the hearing until February 21st so that the applicant has sufficient time to receive a response from Natural Heritage. The motion was seconded and accepted with a vote of 5-0-0.
Continued – Public Hearing – Notice of Intent – 13 Bubbling Brook Drive – Silver – CE159-960
Mr. Paul DeSimone, Engineer of Colonial Engineering, appeared before the Commission for the construction of a septic system. Mr. DeSimone submitted revised plans to the Commission for review.
Mr. DeSimone informed the Commission that there are only 2 trees are proposed to be removed which are located in the middle of the proposed septic system. The other 4 trees depicted on the plan will be saved. There will be 12 shrubs replanted in 4 separate locations in groups of 3, i.e., highbush blueberry, winterberry and inkberry.
Mr. DeSimone stated that the stockpile area will be located in the front of the house. The construction sequence has been changed on the plans as was requested by Mr. Alfieri.
A Commission member stated that at the recent site walk, he observed that the haybales were not installed correctly. Mr. DeSimone responded that they have been fixed and are correctly installed. The haybales have been flipped around and are staked in place.
A Commission member stated that all of their requests have been satisfied with the revisions on the plans.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to issue standard Local and State Orders of Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 1 Marine Way – Boudreau – CE159-956
The Commission Chairman stated that a letter has been received from the applicant’s engineer dated January 17th requesting a continuance of the public hearing until January 31st.
There was a motion to continue the hearing until January 31st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2 Marine Way – Boudreau – CE159-957
The Commission Chairman stated that a letter has been received from the applicant’s engineer dated January 17th requesting a continuance of the public hearing until January 31st.
There was a motion to continue the hearing until January 31st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 3 Marine Way – Boudreau – CE159-958
The Commission Chairman stated that a letter has been received dated January 17th from the applicant’s engineer requesting a continuance of the public hearing until January 31st.
There was a motion to continue the hearing until January 31st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Map 292, Parcel 2 Spring Street – Maggiore - CE159-951
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Paul Maggiore, owner of the Maggiore Companies, the applicant, both appeared before the Commission for roadway improvements on Spring Street.
Mr. Nielsen stated that he has completed a large amount of work regarding the comments on LEC Consultants as well as the comments of MEPA. Mr. Nielsen informed the Commission that on January 15th he has filed an SEIR with MEPA in accordance with their process. He will subsequently be filing for a Water Quality Certificate and Army Corps permitting as well.
Mr. Nielsen informed the Commission that at tonight’s meeting, he will be providing the Commission with 14 pages of comments regarding this project and has added a large amount of information and details with respect to this project. These comments have been added to the Notice of Intent file.
Mr. Nielsen stated that the applicant will be putting some land around the brook under Conservation easement, i.e., 15-16 acres of land.
Mr. Nielsen presented an overview of project area between 2 detention basins, i.e., Spring Street itself. Lots 1, 2 & 3 will be under Conservation jurisdiction. There will be 366,000 sq. ft. in total for all the lots on Spring Street.
Mr. Nielsen stated that the area of replication for the site will increase from 9,100 sq. ft. to 18,700 sq. ft. of replication at the request of the Commission and the request of MEPA as well. Small berms will be installed in the 3 replication areas on the site to hold the water flow back and keep the soils wet. A Commission member questioned the likely survival of the replication area. Mr. Nielsen’s response was that this will be monitored by the wetland consultants for the site every 2 weeks during construction and then every quarter after construction has been completed.
A Commission member questioned the placement of the plantings in order to ensure the optimal survival rate.
Another Commission member requested that rain gardens be installed on the site if possible. Mr. Nielsen stated that he will look into this possibility for the site.
There will be approximately 200 shrubs added to the plan and a temporary stockpile for the loam with haybales placed around it for erosion control purposes.
Mr. Nielsen informed the Commission that he will reappear before the Commission to address and respond to LEC’s comments and what has been done to address each comment. LEC would then respond back regarding the comments.
It was noted that the applicant will come back with responses to LEC comments and Notices of Intent for Lots 1, 2 & 3. It was also noted by a Commission member that with respect to the upper detention basin, there are some invasive plants in the species in that location and how to control their spreading. It was also requested by a Commission member that no street lights be placed along the replication area but that would be subject to Planning Board approval.
There was a motion to continue the hearing until January 31st so that the applicant may address the comments from LEC Consultants. The motion was seconded and accepted with a vote
of 5-0-0.
Continued - Public Hearing – Notice of Intent - Franklin Sports Mall – Washington Street - SE159-923
The Commission Chairman stated that a letter has been received dated January 17th from the applicant’s engineer requesting a continuance of the public hearing until January 31st.
There was a motion to continue the hearing until January 31st. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Discussion: DelCarte Conservation Area – Pare Corporation
Mr. Matthew Bellisle, Mr. David Nyman, Mr. Don Kretchmer, and Ms. Dre’ Desilets, of Pare Corporation all appeared before the Commission to discuss the Phase I findings of the Technical Memorandum Report submitted by Pare to the Commission regarding the DelCarte Open Space Conservation Area.
A discussion ensued after the presentation with a question and answer period specifically regarding the dams on the site. Mr. Bellisle stated that, at a future meeting, his team will return to the Commission to discuss the next phases of the project which are under contract already. Specifically, the schedule for completion of the project and scheduling the public meeting at which the conclusion of the current contract will be addressed.
Amendment Request: 153 Pine Street
The Commission Chairman informed the Commission that a request for an Amendment to the Orders of Conditions has been received by the Conservation Department by a letter dated December 27th requesting an amendment to pave the easement and replace the PVC pipe with concrete and to waive this special condition as the applicant does not own the property. It was also stated by the Chairman that a letter has been received by Mr. William Yadisernia dated January 14, 2008 regarding this property and this was read and added to the Conservation file.
There was a motion to accept the Amendment Request for 153 Pine Street to not pave the driveway or replace the pipe. The motion was seconded and accepted with a vote
of 5-0-0.
Signed Orders of Conditions
Orders of Conditions – 13 Bubbling Brook Drive – Silver – CE159-960
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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