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Conservation Commission Minutes - 08/14/08






        
Minutes of Meeting
August 14, 2008


To:  Town Clerk
cc:   CRWA
      Members
      File


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


There was a motion to accept the minutes of the July 31st meeting with 2 corrections.  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.


16 Crystal Pond Lane - CE159-967
Mr. Alfieri informed the Commission that he received a telephone call earlier today from Mr. Rick Goodreau, Engineer of United Consultants, to notify him that the applicant installed the compost socks at the edge of the fence rather than wrapping them around at the top of the slope.  

Mr. Alfieri conducted an inspection at the site with Mr. Goodreau and informed the Commission that they are installed correctly and stated that they are functioning.  This will result in the submittal of a letter from Mr. Goodreau stating this and the letter will be added to the file.


Enforcement - A-1 Paving – 30 Jackson Circle
Mr. Alfieri informed the Commission that he has issued a local ticket and Enforcement Order to A-1 Paving, Inc. stating that if they did not appear at tonight’s hearing, the State could fine them up to $25,000 per day until they comply.  A representative from the company did not appear at tonight’s meeting.

There was a motion to ratify the Enforcement Order.  The motion was seconded and accepted with a vote of 7-0-0.

Continued - Public Hearing – Notice of Intent – Beech St. Water Main – Town of Franklin – CE159-969
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for the installation of approximately 2,200 linear feet of water main and repaving of street.  Mr. Yadisernia informed the Commission that he has submitted the dewatering and sedimentation plans.

The Commission Chairman stated that, as a result of the recent site walk, he has no issues with the project.

Another Commission member questioned as to where the pipe comes from the pond, would the water main be located under it.  How is that performed?  Mr. Yadisernia stated that this procedure is common practice and the concrete drainage pipe would support itself.  

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 to issue State and Local Orders of Conditions with the 54 Special Conditions for a pipeline project for the Town of Franklin Beech Street Water Main.  The motion was seconded and accepted with a vote of 7-0-0.


Continued - Public Hearing – Notice of Intent – 30 Shady Lane – Callahan - CE159-968
Mr. Rob Truax, Engineer of GLM Engineering, and Mr. & Mrs. Brian Callahan, the homeowners, all appeared before the Commission for the construction of an addition to existing single-family house.  Mr. Truax stated that there has been a recent site walk and the revised plans have been submitted to the Conservation Department.

Mr. Truax stated that some mitigation has been added to the plans in order to improve the site.  The size of the leach pit will be increased and the house will be incorporated into the leaching pits.  Galleys will be installed to handle the runoff and to improve the addition as well as the house.

The deck side of the house could be cleaned out and plantings would be added with species to be recommended by the Commission.  The corner of the deck has been pulled back away from the slope.

Mr. Alfieri informed the applicant of 2 items to be addressed in this Notice of Intent filing, which were the same comments from the last public hearing.

A Commission member stated that this addition goes to the 50 ft. line which is not in accordance with the Regulations.  


Another Commission member requested an alternatives analysis from the applicant.  This was received at the last meeting.  It was also questioned as to when the lot was subdivided.  Mr. Truax stated that the lot was subdivided in the 1960’s and the middle lot was divided about 2 years ago.

A Commission member stated that the riverfront area is important for the same reasons as the Wetlands Protection Act.  The applicant must demonstrate that they are meeting the 8 functions and characteristics in order to have this application approved by the Commission.  
This Commissioner raised the question:  “Does the project adversely affect these 8 functions and characteristics of the riverfront and is there enough mitigation such that he is convinced that there will be no adverse impact to the area?”

Another Commission member informed the applicant that the alternatives analysis did not demonstrate that there is no adverse impact to the quality of the riverfront area.  This Commissioner would like to see more mitigation than what is presently on the site.  

Mr. Truax stated that the proposed work will be performed on previously disturbed area; i.e., lawn area.

The Commission informed the applicant that they would like to see only organic fertilizers be used on this site in the future.  Some additional mitigation was requested on the other side of the property; i.e., the garage side of the house.  

The applicant stated that 20 arborvitaes will be planted on the site, but they will not be located in the riverfront area.

The area for planting should be depicted on the plans and an area for future plantings depicted on the plans as well.

There should be a notation that “the plantings will continue” would be listed on the Certificate of Compliance.  Another Commissioner stated that more mitigation would be able to be performed by carefully choosing the types of plantings to be planted on the site.  The Best Management Practices Handbook list of plantings should be used in choosing the plantings.  
Mr. Truax suggested that the plantings would be reviewed at the time of construction.

A Commission member questioned as to what are the setbacks?  Also, would the applicant consider stairs off the deck towards the street?

The eight functions and characteristics were enumerated and discussed in detail by the Commission with Mr. Truax in order to ensure that they are all addressed in this application.

There was a motion to close the hearing.  The motion was withdrawn.

PERPETUAL CONDITIONS
1.      A notation should be added to the plans with the notation for the riverfront area.
2.      A hatched area should be added to the plans with the notation “Future Plantings”        following the edge of the tree line in the front of the existing house.
3.      No plantings should be planted to the north of the house.
4.      A corridor of where some additional mitigative plantings should be planted over the next        3 years should be depicted on the plans.  The selection of plantings should be from the         Best Management Practices Handbook.
5.      Only organic fertilizers should be used on the site.
6.      Future plantings will continue in the areas depicted on the plans after the Certificate of Compliance has been issued.

There was a motion to continue the hearing until August 28th so that the revised plans can be received by the Commission.  The motion was seconded and accepted with a vote of 7-0-0.


Continued - Public Hearing – Regulations & Filing Changes – Conservation Commission
The Commission Chairman opened the continued hearing for the regulations and filing changes.  

Mr. Alfieri recommended to the Commission that the hearing be continued until September 28th after the Town Council acts on Bylaw 4-15 and it is passed.

There was a motion to continue the hearing until September 18th.  The motion was seconded and accepted with a vote of 7-0-0.


GENERAL BUSINESS
        
        Discussion:  Lincoln & Daniels Streets – DPW
        Mr. William Yadisernia, Town Engineer, appeared before the Commission for a     discussion for an emergency situation that has arisen on Lincoln and Daniels Streets.  

        Mr. Yadisernia stated that during a recent rainstorm, it came to the attention of the DPW       that the headwall for a culvert pipe which crosses Lincoln Street before Daniels Street seriously eroded from direct runoff from the street and washed away the headwall for the culvert.

Mr. Yadisernia stated that the DPW has requested authorization from the State to repair this headwall on an emergency basis.  Mr. Yadisernia stated that he would like to move the headwall about 10-20 ft. downstream and install a new precast concrete headwall.

A Commission member asked Mr. Yadisernia if he is going to install a retention basin on the east side of the road.  Mr. Yadisernia stated that he is seeking a long-term solution to this problem.

Mr. Yadisernia informed the Commission that he will be filing a Notice of Intent for this work.  Mr. Yadisernia asked if any Commission members would like to take a site walk of the site.  He would like to know how the Commission would like him to proceed with this work.


        A Commission member asked if there was any resource area other than within the banks    of the stream where the work will be performed.  Mr. Yadisernia stated that the         excavation will not take place in any wetland resource area.
        
        Minor Buffer Zone Activity:  454 Union Street
        The applicant has requested to install a fence.  There is a stream which flows through the yard.  Three dead trees need to be removed which area leaning over the shed on the property.  One tree needs to be trimmed.  The debris pile needs to be removed as well.

        There was a motion to issue a Negative Determination with 3 Standard Conditions.  The motion was seconded and accepted with a vote of 7-0-0.


Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – Beech Street Water Main – Town of Franklin – CE159-969
Determination of Applicability (Negative) – 454 Union Street - Zimmerman                

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 9:15 p.m.

Respectfully Submitted,



Kathleen Celorier
Conservation Secretary