Minutes of Meeting
November 1, 2007
Present: R. Willis, C. Botchis, P. Boncek, A. Tolland, P. Murphy, J. Fournier, M. Allen &
J. Senterman, Associate Members, Nick Alfieri, Conservation Agent
There was a motion to accept the minutes of the October 4th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of the October 18th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
The Commission reviewed the revised Draft 2008 Conservation Meeting Schedule and approved the new hearing dates for 2008. There was a motion to accept the 2008 Conservation Commission Meeting Schedule. The motion was seconded and accepted with a vote of 6-0-0.
Discussion – 249 Conlyn Avenue – David Walsh
Mr. David Walsh, homeowner of 249 Conlyn Avenue, appeared before the Commission to seek comments regarding proposal of the construction of a garage attached to his house. There are wetlands on his property as well as flood plain. Mr. Walsh presented the Commission with engineered plans depicting the site. The flood plain runs through the property as well as the house. The applicant would like to build a garage on his property and requested permission from the Commission.
The Commission informed Mr. Walsh that for a proposal to construct a garage within 100 ft. of a wetland, a Notice of Intent would be is required. According to the regulations, the proposed work must be at least 50 ft. from the resource area. If the work is between 25’-50’ from the wetlands, there would be no structures allowed unless the applicant files for a variance.
The flood plain is a different issue and the flood elevation needs to be determined by the FEMA flood maps to determine if the property falls in the flood plain. The flood plain rules are part of the Wetlands Protection Act. A Commission member questioned if this qualifies for a Minor Buffer Zone Activity filing.
The Commission requested that Mr. Walsh file a NOI with engineered plans under the Wetlands Protection Act regardless of the Franklin Town Bylaw and work with Mr. Alfieri, the Conservation Agent, and his engineer in preparing this. It would then come before the Commission for a vote for approval before the proposed garage could be constructed. It was suggested by the Commission that Mr. Walsh establish the flood zone on his property with FEMA’s opinion or else the Commission must comply with the existing flood zones in the permitting process.
Public Hearing – Notice of Intent – 22 Riverside Drive - O’Brien – CE159-
Mr. John O’Brien, the applicant, and Mr. Wayne Carlson, Engineer of Carlson Survey Co., both appeared before the Commission for the construction of an in-ground swimming pool and shed.
Mr. Carlson stated that the site is located adjacent to Mine Brook, which is a perennial stream. Mr. Carlson also stated that an Order of Conditions was issued for the construction of the house when it was built in the 1990’s. The lot is encompassed between wetlands, riverfront area and flood plain.
There is no encroachment into the wetlands by the proposed pool in the 0-50 ft. of the bordering vegetated wetland. There will be one oak tree cut down for the proposed work. Most of the work will be in the 50-100 ft. zone. The area of the proposed work is all previously disturbed. There will be 4000 sq. ft. of disturbance in total. In the 100-200 ft. inner riparian zone, there will be 1800 sq. ft. of disturbance. The previous total riverfront square footage of disturbance is approximately 130,000 sq. ft.
The work will take place outside of the 50 ft. buffer zone. A Commission member questioned Mr. Carlson as to why the silt sock is to be placed within the 50 ft. resource area and requested that this area be left undisturbed. The applicant’s response was that there will be some work done in that area to improve it. There will be no wetlands disturbed with the placement of this silt sock.
A Commission member questioned as to whether an alternatives analysis for the Riverfront Area is included in the application. This Commission member also inquired of Mr. Carlson as to whether any restoration of the riverfront area is being proposed as this area will be impacted in the proposed work. Mr. Carlson stated that this has been complied with and this information is included in the application as well.
Mr. Alfieri informed the applicant of 4 items which need to be addressed in this Notice of Intent filing.
There was a motion to continue the hearing until November 15th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 6-0-0. The Commission will walk the site on Sunday, November 4th at 10:30 a.m.
Continued - 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 submitted revised plans depicting the comments and requests of the Commission from the recent site walk. The stockpile area has been deleted from the front yard and it is noted on the plans that all building materials will be stored outside of the buffer zone. A note has been added to the plans denoting that the DEP sign will be placed in a visible location on the site per the Orders of Conditions. The haybale line has been revised to a location close to the shed per the site walk. Some mitigated plantings will be provided for the maple tree that will be removed. A concrete bound will be set along the grass line where the erosion control area will be located.
A Commission member inquired of Mr. Bunavicz as to what species of trees will be planted and requested that it not be Norway maple. Another Commission member requested that the applicant refer to the Best Development Practices Guidebook for a listing of appropriate species.
It was also noted by a Commission member, that on the opposite side of the stone wall and in the wetland, there is a large colony of horsetail.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
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 29th requesting a continuance of the public hearing until November 15th.
There was a motion to continue the hearing until November 15th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Franklin Sports Mall – Washington Stret - SE159-923
The Conservation Chairman stated that a letter has been received from the applicant’s engineer dated November 1st requesting a continuance of the public hearing until December 6th.
There was a motion to continue the hearing until December 6th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request – 438 West Central Street – Ayoub Engineering - SE159-862
The Conservation Chairman stated that a letter has been received from the applicant’s engineer dated October 29th requesting a continuance of the public hearing until December 6th.
There was a motion to continue the hearing until December 6th. The motion was seconded and accepted with a vote of 6-0-0.
Comments
A Commission member, who is a member of the CPA Committee, presented a slide show of the Community Preservation Act.
Signed Certificate of Compliance
Certificate of Compliance – Lot 6 Bourbon Street (Lot 2) – Carolyn Spillane – SE159-719
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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