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Conservation Commission Minutes - 6/26/08




                
Minutes of Meeting
June 26, 2008


To:  Town Clerk
cc:   CRWA
      Members
      File


Present:  R. Willis, C. Botchis, A. Tolland, J. Senterman, P. Boncek, J. Fournier, P. Murphy,              Nick Alfieri, Conservation Agent

Absent:  M. Allen, Associate Member  


There was a motion to accept the minutes of the June 12th meeting.  The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.

Marketplace at Chestnut Ridge – SE159-721
Mr. Alfieri informed the Commission members that Mr. Tim Jones, the applicant for the Marketplace at Chestnut Ridge project, requested an Extension to the Orders of Conditions for this project today, June 26, 2008.  The Orders of Conditions will expire on June 27, 2008.

A Commission member stated that to his recollection, Mr. Jones was informed at the meeting on May 3, 2007 when he appeared for the third Extension Permit for this project, that this would be the last Extension Permit to be granted for this project.  The  Commission Chairman requested that Conservation Staff confirm that there has been at least 3 Extension Permits issued for this project.

A Commission member informed the Commission that he recently visited the Marketplace site and the wetland itself is undisturbed and functioning.

Orders of Conditions – Map 245 Lot 16 Pleasant Street – Thornhill – CE159-966
Mr. Alfieri informed the Commission members that there is an issue regarding Special Condition #27 in the Orders of Conditions for this project, which were voted on at the last meeting on June 12, 2008.  

Mr. Alfieri requested of the Commission if the applicant could put in 3 inch plastic pipes to be used as bounds.  The Commission informed the applicant at the site visit that he could put those in and approved these in the field.  Mr. Alfieri asked the Commission if they would like to amend this Special Condition #27 to read that the applicant can use 3 or 4 inch plastic pipe.

There was a motion to reconsider the motion to issue Orders of Conditions for Map 245 Lot 16 Pleasant Street.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.

There was a motion to issue State and Local Orders of Conditions for Map 245 Lot 16 Pleasant Street with these additional Special Conditions 19 through 28 which were given to the Commission at tonight’s meeting and 1 additional Special Condition #27 prepended with 4 foot long x 3 inch diameter PVC pipe filled with concrete bounds with 4 inches exposed and the rest of this Special Condition would remain the same.  The advantage of this would be that the applicant would not have to go into the resource area with a machine to dig a 4 foot deep hole.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Discussion – 13 Bubbling Brook Drive – Callison-Keller – CE159-960
Ms. Trisha Callison-Keller and Mr. Brian Keller, new homeowners of 13 Bubbling Brook Drive, both appeared before the Commission for a discussion regarding the bounds in the backyard of their home.  The septic system was recently repaired by the previous homeowners and grass is now growing.  

Ms. Keller presented photographs of the backyard depicting some bounds the size and location of which she has concerns.  Some of these concrete bounds have been problematic for her children and considers the 2 of them closest to her yard as a safety concern when her children are playing.  She is requesting that she be given permission to chop them down at least to ground level to prevent a tripping hazard to her children when playing soccer.

The Commission Chairman stated that the bounds appear to be too high in the photographs.  According to the Orders of Conditions, the bounds should be 4 inches above grade and the bounds in these photos depict that these are too high.  The Chairman also informed Ms. Keller that she can cut these bounds down to a height of 4 inches exposed above the ground so that they can be seen.  Ms. Keller questioned if one of the bounds is placed in the correct location as it protrudes way out onto the lawn area.

The Commission will conduct a site walk of the property on Tuesday, July 1st at 7 p.m.                  to determine if this bound is placed in the correct location on the lawn and advise Mr. & Mrs. Keller the best course of action that should be taken.  

Public Hearing – Forest Management Plan – Conservation Commission
The Conservation Commission Chairman opened the public hearing for the Forest Management Plan and stated that this is for a pilot project to selectively cut a small portion of the Franklin Town Forest on Summer Street.  

A Commission member stated that the Commission has a Forest Stewardship Plan prepared by a Forester to propose the removal of approximately 20% of the wood in the Town Forest.  This proposal is to determine the benefits and aesthetics to the Town Forest in performing this work and finally would increase the value of the Town property by obtaining a small profit from this.  This plan would allow more sunlight to the remaining trees and be more valuable to the Town.

A discussion ensued regarding a site visit conducted by the Commission with the Forester who prepared this Management Plan to two similar projects in Millis.  The benefits and results of this work were discussed.  There would be no clearing for development; it would be strictly for the benefit of the Forest itself.  It would also benefit the Forest as it would create more area for walking paths.

Two Commission members expressed concerns regarding the removal of these trees and suggested leaving the forest to nature taking its course and stated that they do not support the Forest Management Plan.

Another Commissioner stated that he supports the Management Plan as the monies obtained from the cutting of the wood could fund the future generations of the Forest Management Plan and would keep the Forest working for the Town of Franklin and is in favor of the plan.  

The Commission Chairman expressed the opinion that the comments from the Forester make sense to him if the trees are selectively cut and the forest can be improved from the thinning.  

Mr. Alfieri stated that he wants to remain neutral on the project but has been in contact with approximately 6 foresters and has been informed that the forester will mark the trees to be cut and the Commission can control which trees would be cut and these specifications would be written in the RFP.  The Commission can then approve of which trees will and will not be cut.

Mr. Larry Rettman, former Conservation Commission Chairman, stated that he foresees no problem with the proposed selective cutting in the Town Forest.  Mr. Rettman suggested that the work be done in the winter when the ground is frozen.  

Mr. Ron Clough, Forester for the Department of Conservation and Recreation, stated that in his career he has seen 3 different types of forestry cutting.  Forestry involves management of the trees and this has to be done.  Mr. Clough stated, that in his opinion, selectively cutting is the correct manner in which to manage the forests.  He suggested performing this work in the winter when the ground is frozen.

Mr. Ray Heaton of 53 Crocker Avenue, an abutter to the Town Forest, stated that he has lived near the forest for many years and agrees with the proposed cutting and thinks the forest would benefit from this cutting.  

Mr. Alfieri informed the Commission that this process would start with an RFP and then hire a consultant to perform the work.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 7-0-0.

There was a motion for Mr. Alfieri to prepare an RFP proposal to hire a consultant to draw up a Forest Management Plan.  The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.

Continued - Public Hearing – Amendment Request – 438 W. Central St. – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter has been received form the applicant’s engineer requesting a continuance of the public hearing until July 31, 2008.

There was a motion to continue the hearing until the July 31st meeting.  The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.

                                                                                              
GENERAL BUSINESS
        
        Extension Permit:  South Hill Estates – SE159-852
        There was a discussion among the Commission members regarding the issuance of an Extension to the Orders of Conditions for this project.  Mr. Alfieri informed the Commission that he has recently visited the site and it is in compliance and recommends the issuance of the Extension Permit.

There was a motion to extend the Orders of Conditions for South Hill Estates for one year.  The motion was seconded and accepted with a vote of 7-0-0.

        Permit Decision:  Franklin Sports Mall - SE159-923  
        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 59 Special Conditions and 1 additional Special Condition as discussed regarding the stormwater.  The motion was seconded and accepted with a vote of 4-0-3; 4 Yes, 0 No, 3 Abstentions.


Signed Extension Permit & Orders of Conditions
Extension Permit – South Hill Estates – Pericolo & Staniscia – SE159-852
Order of Conditions – Franklin Sports Mall – Washington Street – SE159-923      

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 8:45 p.m.

Respectfully Submitted,



Kathleen Celorier
Conservation Secretary