Minutes of Meeting
May 17, 2007
Present: P. Boncek, R. Willis, M. Cohen, J. Fournier, P. Murphy, A. Tolland, C. Botchis
M. Allen, Associate Member, R. Vacca, Conservation Agent
Absent: J. Senterman, Associate Member
There was a motion to accept the revised meeting schedule for the remainder of the year. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to accept the amended minutes of the April 19, 2007 meeting with the accepted changes. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
Enforcement – 15 Mount Street – McCarty
Mr. Vacca informed the Commission that the wetland mitigation plan has been accepted and an Enforcement Order and a transmittal letter has been prepared for ratification by the Commission.
There was a motion to ratify the issuance of the amended Enforcement Order. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Request for Determination – Beaver Pond Bat Houses – Patrick Pezzella - Eagle Scout Project
Mr. Patrick Pezzella, Eagle Scout, appeared before the Commission for the construction of 2 bat houses at Beaver Pond. Mr. Pezzella stated that he proposes to construct these houses in order to create a healthy environment as well as homes for bats as they are becoming an endangered species. They are a natural pesticide as well.
Mr. Pezzella proposes to construct 6 single bat houses on posts with a metal base and cement for stability. They will be constructed away from the parking lot so as to avoid disturbance from people tampering with and possible vandalism.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Request for Determination – Parmenter School Nature Trail – Robert Young - Eagle Scout Project
Mr. Robert Young, Eagle Scout, and Mr. Colin Young, both appeared before the Commission for the construction of a nature trail behind the Parmenter School on Wachusett Street.
Mr. Young informed the Commission that the trail will be a 40 ft. long boardwalk and it will be 5 ft. wide. There will be access to the trail all year long and it will be depicted with markers. Six steps will be constructed to gain access to the trail and pressure-treated timbers will be used. There will be 6 trail markers, 2 ft. in the ground with 4’x4’ posts.
There was concern among Commission members regarding erosion to the stream from the pressure-treated timbers as well as the possibility of vandalism being a problem.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – Eaton Place – Off Panther Way – Community Builders - CE159-942
The Commission Chairman stated that a letter dated May 17th was received from the applicant’s representative requesting a continuance of the public hearing until June 7th.
There was a motion to continue the hearing until June 7th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Beaver Pond – Town of Franklin – CE159-940
Mr. Ryan Jette, Recreation Director, appeared before the Commission for the hydroraking of Beaver Pond. Mr. Jette informed the Commission that he has received a letter from Natural Heritage stating that they have no issues with this project. There was some discussion regarding the applicant obtaining a stream gauge and checking the water elevations in the pond.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
There was a motion to issue State and Local Orders of Conditions with 1 special condition. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Continued - Public Hearing – Notice of Intent – 16 Vine Street – Torizzo - CE159-939
Mr. Bill Halsing, Engineer of Land Planning, appeared before the Commission for the construction of additions, porch and fence. Mr. Halsing presented revised plans for the Commission’s review.
Mr. Halsing stated that he has added a locus to the plan. These plans also propose the expansion of the garage into a 4-car garage instead of the 2-car garage presently on the site. The removal of 37 pine trees and some mitigation along the tree line was also proposed. There will be 4 blueberry bushes and several dogwoods proposed to be planted in close proximity to the wetland. There will also be proposed open space as well.
The stockpiled excavated soil will be located outside of the resource area. The proposed slope on the site will be a 3-to-1 slope. A Commission member stated that he would like to see the front entrance of the garage facing Vine Street due to the fact that this disturbance would take place in the inner riparian zone of the perennial stream.
Another Commission member stated that this proposed work and the proposed mitigation would have an adverse effect to the Town’s drinking water supply according to the Regulations. This Commission member also stated that the Commission may issue a permit under the State regulations and it they do, it must improve conditions and the work must be away from the stream. This member also stated that he had concerns relative to the size of the septic system and the runoff from the site from snow and its close proximity to the stream.
The Commission Chairman informed Mr. Halsing that he is not in favor of the proposed plan for this site. Another Commission member suggested that the applicant return to the Commission with an alternatives analysis. Mr. Halsing stated that this analysis was included in the Notice of Intent package. Another Commission member stated that he would be in favor of denying the project based on the local Regulations and the State Wetlands Protection Act.
The Commission requested that the applicant have a certified arborist make an assessment of the trees to be cut on down on the site and report back to the Commission with their findings
There was a motion to continue the hearing until June 21st. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Extension Permit: Longwalk Estates – SE159-557
The Commission Chairman read a letter dated May 8th from the applicant requesting a one-year extension to the Orders of Conditions. This extension is needed due to the downtrend in the real estate market, which has resulted in delays in the construction on Lot 1 but building is expected to resume this year.
There was a motion to extend the Orders of Conditions for one year. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: Harmony Farms Subdivision – SE159-627
There was a motion to issue a Certificate of Compliance for the Harmony Farms Subdivision. The motion was seconded and accepted with a vote of 7-0-0.
Permit Decision: Lot 13 Holly Lane - CE159-941
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with 64 special conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 22 Juniper Road
The proposed work is for the installation of an above-ground pool. The work would take place on previously disturbed area.
There was a motion to issue a Negative Determination with the 5 special conditions as listed in the Agent’s Report. The motion was seconded and accepted with a vote of
7-0-0.
Minor Buffer Zone Activity: 31 James Street
The proposed work is for the conversion of an existing deck to a 3-season porch with an additional set of stairs with 2 footings. This work would take place 70-80 feet from the resource area.
There was a motion to issue a Negative Determination with the 3 special conditions as listed in the Agent’s Report. The motion was seconded and accepted with a vote
of 7-0-0.
Signed Orders of Conditions, Extension Permit, Determinations of Applicability & Certificate of Compliance
Extension Permit – Longwalk Estates – KTKM Realty Trust – SE159-557
Order of Conditions – Lot 13 Holly Lane – Ranieri Trust – CE159-941
Determination of Applicability (Negative) – 22 Juniper Road – Long
Determination of Applicability (Negative) – 31 James Street – Rosen
Determination of Applicability (Negative) – Beaver Pond Bat Houses – Eagle Scout Project
Determination of Applicability (Negative) – Parmenter Sch. Nature Trail – Eagle Scout Project
Certificate of Compliance – Harmony Farms Subdivision – Ranieri Trust – SE159-627
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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