Minutes of Meeting
September 20, 2007
Present: R. Willis, C. Botchis, A. Tolland, P. Murphy, P. Boncek, Nick Alfieri, Acting Conservation Agent
Absent: J. Fournier, M. Cohen, M. Allen, & J. Senterman, Associate Members
There was a motion to accept the minutes of the August 16th 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 the August 30th meeting with 2 corrections. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent - 3 Mount Street – Adelstein – CE159-950
Attorney Paul Murphy of Roche & Murphy, representing Mr. Stanley Adelstein, the applicant, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission for the removal of vegetation, reclaim manmade pond, repair basketball court and upgrade walking paths.
Mr. Nielsen informed the Commission that there is a wetland located around the manmade pond. There is also an intermittent stream on the site. There were 3 trees that were cut and removed as the homeowner determined that they were dead. No equipment was brought into the area.
Mr. Nielsen stated that this area had once been part of a horse farm and the pond had been used for swimming. There has been little activity on the site for a long period of time. The total area that has been disturbed is 19,800 sq. ft.
The applicant proposes to mulch around the pond and construct a walking path, i.e. a bridge to pass over the wetland. A number of fruit-bearing trees will be planted on the site for wildlife habitat purposes.
The Commission Chairman noted that there was no one present in the audience who had any issues regarding this project.
There was a motion to continue the hearing until October 4th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, September 23rd at 10 a.m.
Public Hearing – Notice of Intent – Map 292, Parcel 2 Spring Street – Maggiore - CE159-951
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. Paul Maggiore, owner of Maggiore Companies, and Ms. Judy Schmitz, a wetlands botanist who flagged the wetlands on the site, all appeared before the Commission for roadway improvements.
Mr. Nielsen informed the Commission that the proposed wetland that the applicant is attempting to fill is located along Spring Street. The proposed replication areas are depicted on the plans. There are 705,000 sq. ft. of wetlands in this area on the site; with 9,000 sq. ft. proposed to be altered. The roadway has been reduced from 28 ft. in width to 26 ft. with retaining walls proposed for the site at the request of the Town Engineer. There will be 6 or 7 lots proposed at the rear of the site and 2 to the front.
The Commission asked the applicant to appear before the Planning Board to reduce the road width and the applicant is in the process of doing this. The Commission members stated that they are not in favor of dividing the project. The Commission also inquired of the applicant as to how many lanes the proposed roadway would be when constructed and the response was that it will be one lane. It also flows into Ray’s pond.
Ms. Schmitz stated that the culvert on the site does not have any animals crossing at this time and she recommended not disturbing it. The road will be raised 6-7 ft. Mr. Nielsen informed the Commission that Mr. Maggiore will grant the Town of Franklin a 17 ft. perpetual right-of-way easement.
The Commission members requested that Mr. Nielsen submit an alternatives analysis for the project. Ms. Schmitz stated that there were no endangered species found on the site and this is required to be confirmed by Natural Heritage and Endangered Species.
Mr. Nielsen stated that there will be a 9,000 sq. ft. replication area proposed for the site. A Commission member asked what can be done to prevent the introduction of invasive weed seeds
from the construction equipment entering the site. Ms. Schmitz stated that there is already some invasive species on the site presently. She also stated that the replication area will have to be monitored for this.
The Commission Chairman noted that there was no one present in the audience who had any issues regarding this project.
There was a motion to continue the hearing until October 4th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, September 23rd at 10:30 a.m.
Public Hearing – Notice of Intent – 9 Crystal Drive – Johnson - CE159-949
Mr. Bill Halsing, Engineer of Land Planning, appeared before the Commission for the construction of additions, decks and patio to existing single-family house. Mr. Halsing informed the Commission that there is bordering vegetated wetland on all sides of the proposed work along with Shepard’s Brook as well. All of the work will be outside of the 200 ft. outer riparian zone. The closest work will be 48 ft. from the limit of disturbance to the resource area in the rear of the house. It is previously disturbed area. Drywells are being proposed for the site.
There was a motion to continue the hearing until October 4th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, September 23rd at 9:30 a.m.
Continued - Public Hearing – Notice of Intent – 266 Daniels Street – Minkle – CE159-948
Mr. Paul DeSimone, Engineer of Colonial Engineering, appeared before the Commission for the construction of an addition to existing single-family house. Mr. DeSimone presented the Commission with revised plans depicting the comments from the recent site walk. There were roof drains added with stone for recharge purposes. The stockpiled area will be located outside of the resource area and subsequently removed from the site.
The Commission Chairman noted that there was no one present in the audience who had any issues regarding this project.
There was a motion to close the hearing. 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 – 1 Woodland Park – Kirk – CE159-947
Mr. Joe Nihill, Engineer of GLM Engineering, appeared before the Commission for the repair and replacement of existing cesspool, relocation of existing garage and construction of addition to existing dwelling.
Mr. Nihill presented revised plans to the Commission depicting the comments which were requested during the recent site walk. Mr. Nihill stated that 2 concrete bounds will be installed behind the house along the existing woods line.
A Commission member stated that he has serious concerns regarding the bridge which must be crossed in order to gain access to the site. He requested that the applicant provide the Commission with a letter from a structural engineer with an engineer’s stamp stating that the bridge will withstand the equipment coming across it to the site. It was also requested that the applicant remove the honeysuckles, which are invasive species, from the site.
Mr. Nihill informed the Commission that the applicant will remove the barrels, which are filled with recyclable materials, from the site. The bridge was installed by the State. The age of the
bridge is unknown by the applicant. The Commission would like to have an engineer inspect the bridge and determine its weight limit. It was requested that a structural engineer inspect the bridge and send a letter to the Commission certifying the gross weight limit capacity that could be handled by the bridge.
There was a motion to close the hearing. The motion was seconded and failed with a vote of
0-5-0.
There was a motion to continue the hearing until October 4th so that the applicant has an opportunity to address the above-mentioned issue with the structural stability and weight limits of the bridge. 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 dated September 20th requesting a continuance of the public hearing until November 1st. There was a motion to continue the hearing until November 1st. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 32 Shady Lane
The applicant has requested to construct a shed in previously disturbed area and a fence along the outer perimeter of the property line. The work will be located outside of the 50 ft. buffer zone.
There was a motion to issue a Negative Determination with 2 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 36 Dale Street
The applicant has requested to construct a deck on 9 sono tubes for a total disturbance of 9 sq. ft. to the rear of the house. The area is almost entirely previously disturbed. The deck will be located approximately 40 ft. from the wetland area.
There was a motion to issue a Negative Determination with 2 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 13 Maple Tree Lane – CE159-945
There was a discussion among Commission members regarding the issuance of Orders of Conditions for the construction of an in-ground pool.
There was a motion to issue State and Local Orders of Conditions with 2 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: Garelick Farms – CE159-944
There was a discussion among Commission members regarding the issuance of Orders of Conditions for stream remediation work at the plant at 1153 West Central Street.
There was a motion to issue State and Local Orders of Conditions with 1 Perpetual Condition. The motion was seconded and accepted with a vote of 5-0-0.
Signed Determinations of Applicability & Orders of Conditions
Determination of Applicability (Negative) – 32 Shady Lane - Pollard
Determination of Applicability (Negative) – 36 Dale Street - Guzzi
Orders of Conditions – 13 Maple Tree Lane – Hagen – CE159-945
Orders of Conditions – Garelick Farms – 1153 West Central Street – CE159-944
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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