Minutes of Meeting
April 24, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: R. Willis, C. Botchis, A. Tolland, J. Senterman, P. Boncek, J. Fournier, P. Murphy,
M. Allen, Associate Member, Nick Alfieri, Conservation Agent
There was a motion to accept the minutes of the March 20th meeting with 1 change. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to accept the minutes of the April 10th meeting with 1 change. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing - Notice of Intent – Map 245, Lot 16 Pleasant Street – Thornhill - CE159-
Mr. James Thornhill appeared on behalf of his son, who is the applicant, and informed the Commission that he does not have the green abutter notification cards to submit at tonight’s meeting.
The Commission Chairman informed Mr. Thornhill that because of the Bylaw, the public hearing cannot be legally opened. The Commission Chairman stated that the hearing was not open and the public hearing was put on the next Conservation agenda for May 8th.
Continued - Public Hearing – Notice of Intent – Honey Dew Donuts – 365 West Central Street - CE159-965
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the expansion of pavement for the parking lot for relocation of drive thru at the Honey Dew Donuts site.
Mr. Nielsen informed the Commission members that he is submitting revised plans to reflect the changes requested at the recent site walk as well as Mr. Alfieri’s comments from the meeting. There will be a split rail fence installed along the easterly side of the bioretention cell. There will be signs depicting no snow storage erected on the northerly side of the site.
Mr. Nielsen stated that there will be a stormwater checklist provided to DEP as well as to the Conservation Department and he is requesting a continuance to address this issue. Mr. Nielsen also stated that there will be no tree cutting performed for this project.
The Commission Chairman stated that there was no one in the audience who had any issues regarding this project.
Mr. Alfieri informed the applicant of 1 item to be addressed in this Notice of Intent filing.
A Commission member requested that the applicant replace the ferns that were recommended with hay scented fern.
A Commission member asked Mr. Nielsen where the drainage will flow from the dumpster. He requested that it be directed away from the bioretention cell if possible. Mr. Nielsen stated that he will move it north on the site. The consensus of the Commission was to leave the dumpster where it is presently located on the plans.
There was a motion to continue the hearing until May 8th at the applicant’s request. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – 49 Hancock Road – Arone - CE159-964
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 submitted revised plans for the Commission’s review and stated that in this revised plan he removed the concrete apron on the side of the pool closer to the north and also added the square footage of disturbance between the 25’-50’ area, which is approximately 1,821 sq. ft. and a notation regarding the Certificate of Compliance has been added to the plan. The haybale detailed has been added to the plan as well.
A Commission member requested of Mr. Nielsen that the apron be reduced in size as he requested in the recent site walk. Mr. Nielsen’s response was that he was going to shift the apron closest to the wetlands over to the north thereby creating a larger pervious area towards the wetlands with the concrete area towards the north.
Another Commission member informed Mr. Nielsen that he would like to have bounds placed at the edge of the lawn at the edge of the wetland but it was determined that this was not practical. He also requested that the discharge be directed into the detention basin rather than into the swamp.
Another Commission member requested that a locus map be added to the plans.
Mr. Alfieri informed the applicant of 1 item to be addressed in this Notice of Intent filing.
The Commission Chairman stated that there was no one in the audience who had any issues regarding this project.
There was a motion to continue the hearing until May 8th to allow the applicant sufficient time to revise the plans. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Absention.
Continued - Public Hearing – Notice of Intent – Franklin Sports Mall – Washington Street - SE159-923
Mr. Richard Goodreau, Engineer of United Consultants, and Mr. Carmine Colace, the principal for this project, both appeared before the Commission for the construction of a 61,200 sq. ft. sports facility.
The Commission Chairman informed Mr. Goodreau that in order to hold public hearings for this project, there must a quorum of Conservation members consisting of the 4 members that were present at the Conservation meeting when the hearing was opened on July 27, 2006. These members are: Ray Willis, Chris Botchis, Jon Fournier and Pearce Murphy.
Mr. Goodreau stated that an additional piece of property for the site has been purchased by the applicant. Some changes to the project have been made since the last time the applicant appeared before the Commission.
Mr. Goodreau informed the Commission that these changes have been outlined in a letter submitted to the Conservation Department in March 2008 and this letter has been added to the Conservation file.
Mr. Goodreau stated that the proposed building has been decreased in size by 10 ft. in width and the footprint of the building has been decreased from 46,200 sq. ft. to 38,800 sq. ft.
The applicant has also purchased a section of the property to the northeast corner of the site near the detention pond which allowed changes to the drainage system.
Mr. Goodreau discussed Mr. Alfieri’s 4 comments and outlined the measures the applicant will take to address these issues. Mr. Goodreau stated that he has conducted 2 site walks with the Conservation Agent since the start of the project.
The Commission Chairman stated that this application was submitted to the Conservation Department prior to the regulation change so that the regulations that were changed recently do not apply to this project.
A Commission member questioned the species of the 27” tree on the site to be removed.
Mr. Goodreau stated that he is requesting a continuance of the public hearing pending a meeting that will be scheduled regarding changes to the stormwater management for the site. The Town Engineer will schedule the upcoming meeting and the Chairman stated that he would like to attend as well.
A Commission member expressed concern regarding the loss of bird habitat from the retaining wall on the westerly portion of the site and requested that the applicant address this issue.
Another Commission member requested that a single species of trees be spread out on the site to allow for healthier growth.
The Commission Chairman stated that there was no one in the audience who had any issues regarding this project.
There was a motion to continue the hearing until May 29th at the applicant’s request so that he may have sufficient time to appear before the Planning Board and address their comments. The motion was seconded and accepted with a vote of 4-0-3; 4 Yes, 0 No 3 Abstentions.
Continued - Public Hearing – Amendment Request to Orders of Conditions - 438 West Central Street – Ayoub Engineering - SE159-862
The Conservation Chairman stated that a letter has been received from the applicant’s representative dated April 22, 2008 requesting a continuance of the public hearing until June 26, 2008.
There was a motion to continue the hearing until June 26th. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Minor Buffer Zone Activity: 4 Maria Circle
The applicant has requested the construction of an above-ground swimming pool with deck within the buffer zone. The deck will have 2 sono tubes. The work would result in under 100 sq. ft. of disturbance.
There was a motion to issue a Negative Determination with the 3 standard Special Conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 12 Damico Drive
Mr. John Regan appeared before the Commission to request the installation of a wooden swingset in an approximately 15’x28’ area of the yard. There will be no trees cut down for this work.
Mr. Alfieri informed the Commission that if the applicant moved the proposed location of the swingset to the opposite side of the yard, it would require the cutting of some trees. He therefore is recommending that the swingset be installed in the location shown on the plan.
The Commission members raised concerns regarding the fact that the swingset would be intruding into the 25 ft. no disturb zone. The area is all previously disturbed area.
The Commission members requested that Mr. Regan cut the back corner of the swingset back by 5 ft. to keep it out of the 25 ft. no disturb zone. Mr. Regan agreed to this concept. Mr. Alfieri requested that Mr. Regan call him before he starts the work so that he may make an inspection.
There was a motion to issue a Negative Determination subject to the activities all being outside the 25 ft. no disturb zone and the 3 standard conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 171 Beech Street
The applicant has requested the installation of 2 window wells for emergency egress. The applicant will need to dig 2 holes with a result of 2 cubic yards of dirt removed.
There was a motion to issue a Negative Determination with the 3 standard Special Conditions and 2 additional conditions. The motion was seconded and accepted with a vote of 7-0-0.
Permit Decision: 178 Cottage Street - CE159-963
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with 1 Special Condition. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No,
1 Abstention.
Discussion: Regulations & Filing Changes
Mr. Alfieri informed the Commission members that the Notice of Intent packages are not ready yet and he will email them out to all members at the beginning of next week. The requested changes made by Commission members at a previous meeting are being made and Commission members are encouraged to make comments and suggest changes to the packages at the next meeting.
Discussion: Forest Management Plan – Phil Benjamin
Mr. Phil Benjamin, the forester who did the first stewardship plan for the Commission in 2000, appeared before the Commission to give the Commission an overview of cutting and managing the Town Forest on Summer Street.
Mr. Benjamin gave the Commission an overview of the stewardship plan he did for the Town Forest mapping out and inventorying the forest to determine the condition of the Forest at that time. He made recommendations for this site but they were never performed.
A Commission member told Mr. Benjamin that some of the members are not sure of the benefits of trimming and cutting of some of the trees in the Forest and asked him for a brief overview from this perspective.
Mr. Benjamin stated that this depends on the long-range goals for the Forest. He also gave the Commission an overview of the species of trees in the forest.
A Commission member questioned Mr. Benjamin as to the nature of the current market on different types of wood. This Commission member also asked Mr. Benjamin what is the potential long-term benefit of the well on the site. Mr. Benjamin’s response was the opportunity for recharge could be improved.
Another commission member asked the Commission if they would like to put this out to bid and then have a public hearing before there is any decision made on it.
Mr. Benjamin stated that he has recently done a forest management job of this type in the Town of Millis and would inquire if the landowners would consent to the Commission conducting a site walk of this property.
Mr. Alfieri asked Mr. Benjamin if he knows of a forester who has had any experience in the cutting of a public land such as the Town Forest. Mr. Benjamin stated that he has familiarity with this sort of project working in some other towns.
The Commission Chairman informed the Commission and Mr. Benjamin that he would be in favor of starting work on the management plan which expires in 2010.
There was a motion to contract Mr. Phil Benjamin to have him mark the trees in the Forest which he sees as the best selection and see if it is financially viable and to go forward with the Forest Management Plan.
Mr. Benjamin suggested that the Commission first make a site visit of the above-mentioned site in Millis and in the meantime he will make another visit of the Town Forest so that he can advise the Commission on how best to proceed with this work.
The motion was rescinded.
Signed Order of Conditions & Determinations of Applicability
Determination of Applicability (Negative) – 171 Beech Street – Gessin
Determination of Applicability (Negative) 4 Maria Circle – Hobby
Determination of Applicability (Negative) – 12 Damico Drive - Regan
Order of Conditions – 178 Cottage Street – Staniscia - CE159-963
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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