Minutes of Meeting
April 10, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: R. Willis, A. Tolland, P. Murphy, J. Fournier, J. Senterman M. Allen, Associate Member, Nick Alfieri, Conservation Agent
Absent: P. Boncek, C. Botchis
There was a motion to replace the DelCarte sign with the Grade 18 urethane stronger sign at the $1,500 cost. The motion was seconded and accepted with a vote of 5-0-0.
Enforcement – 19 Echo Bridge Road
The homeowner at 19 Echo Bridge Road was found to have a stump grinding machine in the buffer zone at the time that a tree was being removed. The homeowner was notified by Mr. Alfieri that he would inform the Commission that this had taken place and relay their response on Monday, April 14th.
The Commission authorized Mr. Alfieri to send a letter to Mr. Brunner of 21 Echo Bridge Road and also to the homeowners of 19 Echo Bridge Road regarding the findings of the Commission regarding this Enforcement matter.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing - Notice of Intent – Honey Dew Donuts – 365 W. Central Street – CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Joe Paolino, the applicant, both appeared before the Commission for the expansion of pavement for parking lot for relocation of a drive thru at Honey Dew Donuts on West Central Street.
Mr. Nielsen informed the Commission that the wetlands have been flagged by Ms. Judy Schmitz
and the 50 and 100 ft. buffer zone have been noted on the plans. There will be direct discharge to the brook via the pipes on W. Central Street. Some plantings within the buffer zone will be put in to provide habitat value. The tss removal is also shown on the plans.
It is a redevelopment site and Mr. Nielsen was informed by the DEP that he is required to fill out the checklist for the redevelopment. In the redevelopment area, there is 1800 sq. ft. of impervious surface to be removed and 236 sq. ft. will be added, which will result in a decrease.
Mr. Nielsen stated that the proposed plan is to provide stacking for cars on the rear of the building and some pavement will be done for the outside lane. A berm will be installed to control the runoff.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.
A Commission member suggested a swamp white oak would be a desirable planting for this site.
The Commission Chairman noted that there was no one in the audience who had any issues regarding this project.
There was a motion to continue the hearing until April 24th 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, April 20th, at 10:30 a.m.
Public Hearing – Notice of Intent – 49 Hancock Road – Arone - CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. Michael Arone, all appeared before the Commission for the construction of an in-ground swimming pool. Mr. Nielsen stated that there are wetlands to the west and south of the site. There are evergreen trees planted around the edge of the detention basin to the rear of the site at the property line.
The proposal for this site is to construct a 41’x25’ swimming pool with concrete apron. Some minor grading will need to be done at the site. The haybale limit is depicted on the plans. The pool will have a bromine and ozonator filtering system as opposed to chlorine.
The construction sequence for the project is depicted on the plans.
Mr. Alfieri informed the applicant of 5 items to be addressed in this Notice of Intent filing.
The Commission Chairman asked Mr. Nielsen if some roof recharge could be provided for this site. Also, a Commission member stated that due to the large apron size, he would like to see it cut back to provide more recharge and less impervious surface.
Another Commission member questioned the 2” pine trees shown on the plan and will they be planted. Mr. Nielsen stated that they are already existing on the property.
The Commission Chairman noted that there was no one in the audience who had any issues regarding this project.
There was a motion to continue the hearing until April 24th. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, April 20th, at 10:45 a.m.
Discussion – Chestnut Senior Village – Attorney Neil Roche
Attorney Neil Roche appeared before the Commission with a question regarding the Chestnut Senior Village site. He inquired about a letter sent to the Planning Board by the Commission dated March 11, 2008. Attorney Roche inquired as to whether or not the Town Planner would be present at tonight’s meeting. Mr. Alfieri stated that this matter will be taken up in his Agent’s Report.
The Chairman informed Attorney Roche that this matter had been discussed in the Agent’s Report. The Chairman stated that the Amended Orders of Conditions for this project will be forward to the Planning Department after they have been issued. The above-mentioned letter will stand.
Continued - Public Hearing – Notice of Intent – 178 Cottage Street – Staniscia - CE159-963
Mr. Doug Sparrow of Sparrow Environmental, and Mr. Mark Staniscia, the applicant, both appeared before the Commission for the construction of a 50 ft.x60 ft. barn adjacent to an existing single-family house. Mr. Sparrow presented revised plans and reviewed them for the Commission members.
Mr. Sparrow stated that a dry well has been added. A stockpile location has also been added to the plans outside of the buffer zone near the roadway. The haybale line has been moved closer to the stream and BVW area. The riverfront has been recalculated. The project is not located in the riverfront area but the riverfront cuts through the lot.
There is 5,906 sq. ft. in the inner riparian; none of this project falls within this area. There is no proposed work which lies within the boundary of the construction area. There is no proposed work located within the 50 ft. buffer zone; only within the 50-100 ft. zone. There are drywells added to the plans as well.
Mr. Alfieri stated that all his issues regarding this project have been addressed.
A Commission member requested that some drains be installed on the existing house to provide for more recharge.
A Commission member requested that red cedar be planted on the site for mitigation purposes.
Another Commission member questioned as to whether the large pile of rocks on the site will remain on the site during the construction. The applicant stated that they will be used somewhere on the site.
The Commission Chairman noted that there was no one 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 5-0-0.
Continued - Public Hearing – Notice of Intent – Franklin Sports Mall – Washington Street - SE159-923
Attorney Richard Cornetta, Attorney for the applicant, Mr. Stephen O’Neill, the applicant, and Mr. Richard Goodreau, Engineer of United Consultants, appeared before the Commission for the construction of a 61,200 sq. ft. sports facility.
The Commission Chairman informed the applicant and his attorney that the Commission does not have a quorum for this particular hearing at tonight’s meeting.
There was a motion to continue the hearing until April 24th. The motion was seconded and accepted with a vote of 3-0-2; 3 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Minor Buffer Zone Activity: 12 Damico Drive
The applicant has requested the construction of a playscape between the 0-50 ft. buffer zone. This will take place on existing lawn area. No work will take place within the 25 ft. buffer zone. The work will take place on previously disturbed area.
There was a motion to continue the hearing until April 24th so that the Commission may have sufficient time to obtain more detail regarding this project. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 3 Stephen Way
The applicant has requested the removal of 1 tree and the pruning of another tree of which limbs are located in the power lines. They are also requesting to replace a small portion of the blacktop located in the buffer zone. The applicant would like to plant a replacement tree in the location of the removed tree.
There was a motion to issue a Negative Determination with the 3 standard conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: Chestnut Senior Village – SE159-918
There was a discussion among the Commission members regarding the issuance of an Amended Orders of Conditions for this project.
There was a motion to issue State and Local Amended Orders of Conditions with 67 of the original 68 Special Conditions and an additional 9 Conditions listed in the Agent’s Report. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: Regulations & Filing Changes
Mr. Alfieri informed the Commission that the Conservation staff is in the process of making the changes to the forms and inquired of the Commission how they would like staff to handle corrections. The applicant could just make the corrections on the original copy and then bring the remainder of the 8 corrected copies to the Conservation meeting.
Discussion: 800 Washington Street
Mr. Alfieri informed the Commission members that the homeowner of 800 Washington Street came into the Conservation Office requesting the construction of a 3-season porch
on sono tubes on the side or rear of the house.
Mr. Alfieri showed the members a plan depicting the proposed work and the Commission members reviewed the plan.
This area is all previously disturbed but is adjacent to Miscoe Brook which runs through the property and then under Washington Street. The distance of the proposed addition to the stream would be 27 ft. and the disturbance would be closer than 25 ft. from the stream.
The overall opinion of the Commission is that it would be very difficult unless it was constructed in the front of the house. The applicant would be required to file a Notice of Intent for the proposed addition.
EXECUTIVE SESSION
I move that the Franklin Conservation Commission go into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23b(3) to discuss a legal matter since a public discussion may have a detrimental effect upon the litigating position on the Town of Franklin. The Conservation Commission will return to open session solely for the purpose of adjourning the meeting. A Roll Call vote is required:
Ray Willis - Yes
Andy Tolland – Yes
Pearce Murphy – Yes
Jon Fournier – Yes
Jeff Senterman – Yes
The motion carries with a vote of 5-0-0.
Signed Amended Order of Conditions & Determination of Applicability
Determination of Applicability (Negative) – 3 Stephen Way – Newton
Amended Order of Conditions – Chestnut Senior Village – Donald Ranieri, Jr. – SE159-918
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:35 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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