Minutes of Meeting
October 18, 2007
Present: R. Willis, C. Botchis, A. Tolland, P. Murphy, J. Fournier, Nick Alfieri, Acting Conservation Agent
Absent: P. Boncek, M. Allen & J. Senterman, Associate Members
The Commission reviewed the Draft 2008 Meeting Schedule and requested that the meeting for February 14th be rescheduled and a revised Draft Schedule be brought to the next meeting for a vote.
The Chairman informed the Commission members that Marc Cohen submitted his resignation to the Town Administrator earlier this week and, therefore, there is an open position on the Conservation Commission.
There was a motion to nominate Jeff Senterman for the open Conservation Commission position. The motion was seconded and accepted with a vote of 5-0-0.
The Chairman also informed the Commission members that on October 19th there is a meeting to discuss the Spring Street project as part of the MEPA process and encourage the Commission members to attend if possible.
Discussion – Letterbox Project – DelCarte Site – Barbara Wolf
Ms. Barbara Wolf, a representative of the First Universalist Society of Franklin, appeared before the Commission for a letterbox project, which is a children’s team building exercise and an outreach to the community to create letterboxes.
This proposal entails a letterbox project to be conducted at the DelCarte site. There will be no digging or removal of vegetation in conducting this project. The children have already looked for suitable areas to hide the boxes on the property.
Ms. Wolf is seeking the permission of the Commission to leave the letterboxes on the DelCarte property. Ms. Wolf presented the Commission with a sample of the letterboxes, which would be the same ones used for this project.
This would be posted on the letterboxing website and any interested parties who visit Franklin would be able to go to the property and look for the letterboxes. There would be no vegetation disturbed in conducting this project.
Mr. Alfieri expressed concerns regarding the environmentally sensitive areas on the site and stated that letterboxes should not be left within a couple of feet from these areas. Ms. Wolf informed the Commission that letterboxes will not be left near the pond. Mr. Alfieri also stated that the boxes should not be left near the house on the property as it is private property.
The Commission requested that Mr. Alfieri accompany Ms. Wolf on a site walk of the property to approve of the locations where the letterboxes should be hidden.
Public Hearing – Notice of Intent – 11 Cherie Lane – LaFrance - CE159-952
Mr. David LaFrance, the applicant, and Mr. Greg Bunavicz, Engineer of Borderland Engineering, both appeared before the Commission for the construction of a detached garage.
Mr. Bunavicz informed the Commission that the wetland is located outside the rear lot line along the back of the house. The proposed detached garage will be 24’x34’ in dimension with associated grading and erosion control will be installed to provide a limit barrier. The closest point of the disturbance to the wetland area is 47 ft. There is no disturbance in the 0-25 ft. no disturb zone, there will be 53 sq. ft. of disturbance in the 25-50 ft. zone and in the 50-100 ft. zone, there will be 3,500 sq. ft. of disturbance. There will be a minimal amount of tree clearing for the project. The driveway for the garage will not be paved. The stockpile area will be located outside of the 100 ft. buffer zone resource area.
The Commission Chairman inquired of the applicant as to the nature of the materials to be stored in the garage. Mr. LaFrance replied that the materials will be lawn furniture and children’s toys in storage for the winter. Mr. Bunavicz stated that only a few trees will be taken down for the project. A full foundation will be constructed for the garage.
A Commission member requested of the applicant that the DEP sign be added to the construction sequence. He also inquired as to the location of the building materials when they are delivered. The Commission requested that they are stored outside of the 100 ft. buffer zone. The stockpile material should have sedimentation controls constructed around it.
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 November 1st 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, October 21st at 10:30 a.m.
Continued - Public Hearing – Notice of Intent – Map 292, Parcel 2 Spring Street – Maggiore - CE159-951
The Conservation Chairman stated that a letter has been received from the applicant’s engineer dated October 15th 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
Discussion - 367 Summer Street
Attorney Jim Roberti, representing the homeowners of 367 Summer Street, appeared before the Commission regarding an Enforcement matter. Attorney Roberti stated that he met with Mr. Alfieri, Acting Conservation Agent, and reviewed the file in the Conservation Office.
Attorney Roberti informed the Commission that the homeowner had built a berm on their property and was informed by the Town Engineer that if this is left unremediated, water will collect on the property and will cause a flooding problem on Summer Street.
Mr. Nielsen provided a remediation plan at the applicant’s request for the site and this was to be complied with by August 31, 2007. This was not done due to the financial problems of the homeowner. Attorney Roberti requested of the Commission that due to this fact, could the applicant remove the berm only.
The Commission Chairman stated that he would like to have this problem mitigated and is aware of the financial hardship of the homeowner.
Attorney Roberti informed the Commission that the homeowner would temporarily remove the berm that they have previously installed and return the site to its pre-existing condition and allow the water to flow over their driveway. The homeowner, therefore, would accept the dangerous condition that this would create on their property.
Mr. Alfieri stated that haybales or siltation barriers should be installed on the downgradient side of the driveway to prevent any erosion from running into the wetland and the homeowner should stabilize it as best as possible. Mr. Alfieri stated that the homeowner should break up some haybales and mulch over the area with the hay for the winter until the vegetation comes back in the spring.
The Commission Chairman informed Attorney Roberti that before the homeowner commences the work, they should call Mr. Alfieri and request that he visit their property in order to advise them on how they should proceed with this work. Attorney Roberti was also informed that the fine is still in effect. The homeowner must comply with the mitigation and the Commission could subsequently vote to rescind the fine if they are satisfied with the results of the work.
Minor Buffer Zone Activity: 7 Chilmark Road
The applicant has requested the construction of a 14’x10’ sunroom on the existing deck, new landing and stairs and new 10’x12’ deck. The proposed work will be located approximately 40 ft. from the wetland. The work will be constructed on 12 sono tubes.
The Conservation Agent stated that the soils from the excavation work shall be removed from the site so that there would be no erosion into the wetland area on the site.
There was a motion to issue a Negative Determination with 3 special conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 3 Mount Street – CE159-950
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 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 9 Crystal Drive - CE159-949
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 2 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 1 Woodland Park – CE159-947
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 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Discussion – 58 Populatic Street - Eknaian
The Commission members had a discussion regarding a recent site walk conducted at 58 Populatic Street on Populatic Pond. The consensus of the Commission is that the aquatic vegetation should be deposited back into the pond, the homeowner should remove the cinder blocks and remove all of the sand from the area. The homeowner should also rake the aquatic vegetation and pile it up on either side of the lawn. The cinder blocks should be removed and the sand should be raked off as much as possible and the homeowner should store it on his property and dispose of it off-site.
Comments
Mr. Nick Alfieri presented the Commission with plans for the King Street Field on King Street for the well irrigation of the fields and running a water line to the sprinkler system. The drainage swale runs along the property line. The DPW has asked Mr. Alfieri if they could obtain authorization from the Commission. The DPW would install haybales along the limit of work for erosion control purposes.
A Commission member brought to the attention of the Commission a recent newspaper article regarding the Eagle Scout project conducted by Patrick Pezzella. This project was a bat house project at Beaver Pond and it was recently vandalized.
The Commission requested that Mr. Alfieri write a letter to the Boy Scout representative inquiring as to whether or not Mr. Pezzella received his elevation to Eagle Scout candidacy and also expressing the concerns of the Commission regarding this incident.
Signed Determination of Applicability & Orders of Conditions
Determination of Applicability (Negative) – 7 Chilmark Road - Bailey
Orders of Conditions – 3 Mount Street – Adelstein - CE159-950
Orders of Conditions – 9 Crystal Drive – Johnson – CE159-949
Orders of Conditions – 1 Woodland Park – Kirk – CE159-947
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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