Minutes of Meeting
June 21, 2007
Present: R. Willis, A. Tolland, J. Fournier, P. Murphy, C. Botchis
J. Senterman, Associate Member, R. Vacca, Conservation Agent
Absent: P. Boncek, M. Cohen, M. Allen, Associate Member
There was a motion to accept the minutes of the June 7th meeting. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to accept Mr. Senterman as an Associate Member. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Richard Vacca’s Agents Report has been appended to the minutes.
Mr. Richard Vacca, Conservation Agent, informed the Commission members that an Order of Conditions had been issued for the Bent Street Water Line project in February 2007 and one of the requirements, Special Condition #55 reads: “Drainage outfalls will be monitored before, during and after the project has been completed to document whether the desired pollutant tss removal/attenuation is being achieved. Methods for collection and analysis will be established during the preconstruction meeting”.
Mr. Vacca informed the Commission that today, June 21st at 4 p.m., when he came back into the Conservation Office after being in the field, a memo was received by Mr. Bill Yadisernia, Town Engineer, regarding the Bent Street Water Line Installation pre-construction meeting dated June 18th. It was notification that “a pre-construction conference is being held for the above-mentioned project on Wednesday, June 20th at 9 a.m. at the DPW Building on Fisher Street”.
Mr. Vacca stated that this is the second time that this has occurred for a Town project with Conservation issues that the memo has showed up in the Conservation Dept. a day late and Conservation Staff was not available to attend that meeting. Therefore, the discussion of Special Condition #55 mentioned above never happened.
Mr. Vacca suggested that the Commission, either the Chairman or several members, meet with the Town Administrator to correct this through the DPW Director if it was an administrative problem. If there is something else going on, this would be a good opportunity for the Commission to address it.
Mr. Vacca stated that he thinks that the Commission should issue an Enforcement Order against the Town ceasing all activity on this particular project until we have a pre-construction meeting and we resolve the issues delineated here under Special Condition #55 with respect to the stormwater management and the stormwater monitoring. Mr. Vacca expressed his displeasure with this issue and stated that he believes that this is setting a bad precedent where the Town thinks that they can “cherrypick” which conditions they will comply with and which ones they will not.
The Commission would like to have a better notification process for these pre-construction meetings to be put in place.
Mr. Vacca stated that all of the parties that were present at the pre-construction meeting will have to reconvene in order to have the required pre-construction meeting and this will be costly. Some of the members stated that it is important that the Town be held to the same standards as they would hold any resident of the Town.
There was a motion to issue an Enforcement Order to the Town of Franklin with a cease and desist for the Bent Street Water Line Installation until such time as there can be a pre-construction meeting with the Agent present and request that the Town Engineer or his representative appear before the Commission at its next meeting on July 12th. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Public Hearing – Request for Determination – 120 Grove Street – Beaulieu
Mr. Richard Goodreau, Engineer of United Consultants, appeared before the Commission for the installation of a 12” drainage overflow pipe. Mr. Goodreau stated that there are 2 buildings proposed for the site, which are both out of Conservation jurisdiction.
Mr. Goodreau informed the Commission that a wetland system exists across the street and the wetland boundary was located during the survey work for another project.
The applicant proposes to install an overflow for the drainage system which would flow into the Town’s drainage system. This is the only work proposed within the 50-100 ft. buffer zone.
Mr. Goodreau informed the Commission that haybales will be installed around the toe of the
base while the work is being performed. The square footage within the limit of work will be approximately 610 sq. ft. within the 50-100 ft. buffer zone. There is some pavement along Grove Street which needs to be removed.
Mr. Vacca informed the applicant of 3 items which need to be addressed in this Request for Determination filing.
A Commission member stated that the overflow is running into the right-of-way, where the driveway will be located and where the construction vehicles will be entering the site. Mr. Goodreau stated that the construction vehicles will be entering through the existing access road; i.e., utility easement.
Mr. Goodreau requested that the hearing be continued so that he has sufficient time to appear before the Planning Board and the ZBA.
There was a motion to continue the hearing until July 12th. The motion was seconded and accepted with a vote of 5-0-0.
Continued – Public Hearing – Abbreviated Notice of Resource Area Delineation – Lot 6A Miller Street – Edward Kaiser – CE159-943
Mr. Richard Goodreau, Engineer of United Consultants, appeared before the Commission for the delineation of a resource area. Mr. Goodreau stated that the Commission has recently conducted a site walk of the property. The Commission was reportedly satisfied with the wetland boundary in the field and agreed with the plan. The stream was observed to be dry and the watershed map from the USGS to be approximately 55 acres, which is acceptable with the regulations.
A Commission member who attended the site walk stated that he was satisfied with the wetland flags and observed the stream to be more runoff in nature.
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 an Order of Resource Area Delineation as being accurate and being bordering vegetated wetlands. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Continued – Public Hearing – Notice of Intent – Eaton Place – Off Panther Way – Community Builders – CE159-942
Mr. Andy Tolland, Conservation Commission member, stated that one of his siblings is in receipt of a green card as she is an abutter to the project and recused himself from the public hearing.
The Commission Chairman stated that this is a 40B project and the hearing is held under the State Wetlands Protection Act only.
Mr. Eric Bazzett, Engineer of Beals & Thomas, and Ms. Rachana Pruohit of Community Builders, the applicant, both appeared before the Commission for the construction of a 50-unit senior housing building off Panther Way.
Mr. Bazzett informed the Commission that this project will have approximately 50 parking spaces and nearly all of the stormwater drainage from the development will flow into a single stormwater management system and will discharge behind Franklin High School. The DPW has requested that the drainage flow down the access driveway and into the wetlands on the opposite side of Panther Way. This change has been made to the plan.
Mr.Bazzett stated that slope stabilization and haybales have been put in place in the above-mentioned area. There is limited work proposed in the buffer zone. As many trees as possible will be saved as was previously agreed upon at the site with Mr. Vacca.
Mr. Vacca informed the applicant of 3 items to be addressed in this Notice of Intent filing.
There was a motion to continue the hearing until July 12th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 4-0-0. The Commission will walk the site on Tuesday, June 26th at 7 p.m.
Continued – Public Hearing – Notice of Intent – 16 Vine Street – Torizzo – CE159-939
Mr. Bill Halsing, Engineer of Land Planning, and Ms. Trish Torizzo, the applicant, both appeared before the Commission for the construction of additions, porch and fence at Ms. Torizzo’s home.
Mr. Halsing informed the Commission that at the last public hearing the Commission had requested that the applicant retain a certified arborist to assess the trees on Ms. Torizzo’s property. Ms. Torizzo has done this and submitted a letter dated June 18, 2007 from the arborist. Ms. Torizzo read this letter into the record and this letter has been added to the Conservation file.
The main concern of the Commission was the disturbance in the garage area and the impacts of having the disturbance closer to the stream rather than away from it.
A Commission member expressed concern on the public water supply if these trees under discussion were removed. Mr. Halsing stated that replication for these lost trees will be made with other planting being done on the property.
The proposed driveway will be located outside of the 50 ft. buffer zone but within the 100 ft. buffer.
Mr. Vacca stated that he had no further comments regarding this Notice of Intent filing.
A Commission member informed the rest of the Commission that in order to issue a pemit, the project must improve conditions and it must be away from the river. This Commission member asked Mr. Halsing for some items on how the project would improve the site. It was suggested by a Commission member that no lawn chemicals, pesticides or herbicides would be allowed to
be used on the site as a condition of approval.. It was also requested by a Commissioner that the applicant submit more definition of the planting plan and the amount.
The Commission requested that the applicant provide them with an updated plan showing grading, the planting plan, wildlife habitat, cooling of the stream during the summer months and protection of the septic system.
There was a motion to continue the hearing until July 12th. 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 from the applicant’s representative requesting a continuance of the public hearing until August 16th. There was a motion to continue the hearing until August 16th. The motion was seconded and accepted with a vote of 5-0-0.
Continued – Public Hearing – Amendment Request to Orders of Conditions – 438 West Central Street – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter dated June 14th has been received from the applicant’s representative requesting a continuance of the public hearing until August 30th. There was a motion to continue the hearing until August 30th. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
There was a motion to issue a Certificate of Compliance for Grove Park Estates (SE159-478). The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to issue a Certificate of Compliance for the Grove Street Business Center (SE159-728). The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 573 Pleasant Street
The applicant has requested the installation of an above-ground swimming pool in the
rear yard. Mr. Vacca informed the Commission that the proposed work would be conducted on previously disturbed area.
There was a motion to issue a Negative Determination with 3 special conditions. The motion was seconded and accepted with a vote of 4-1-0.
Minor Buffer Zone Activity: 120 Conlyn Avenue
The applicant has requested the installation of approximately 150 ft. of stockade fence around the perimeter of the property with 25 posts. This would result in 25 sq. ft. of resource area impact. Mr. Vacca has recommended that the bottom of the fence be raised 6-8” above the ground surface to allow for wildlife migration.
There was a motion to issue a Negative Determination with the condition set forth by the Agent, i.e., that the fence be raised 6-8” above the ground. The motion was seconded and failed with a vote of 2-3-0; 2 Yes, 3 No, 0 Abstentions.
There was a motion to issue a Negative Determination with the special condition that the bottom of the fence be raised 3-4” above the grade. The motion was seconded and accepted with a vote of 3-2-0; 3 Yes, 2 No, 0 Abstentions.
Signed Order of Resource Area Delineation, Determinations of Applicability & Certificates of Compliance
Order of Resource Area Delineation - Lot 6A Miller Street – Edward Kaiser – CE159-943
Determination of Applicability (Negative) – 573 Pleasant Street – Fournier
Determination of Applicability (Negative) – 120 Conlyn Avenue – Parlon
Certificate of Compliance – Grove Park Estates, Lot 3&4 Grove Street – Maggiore – SE159-478
Certificate of Compliance – Grove Street Business Center – Grove Street – SE159-728
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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