Minutes of Meeting
September 18, 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 August 28th meeting with 3 changes. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Nick Alfieri’s Agent Report has been appended to the minutes.
Mr. Alfieri informed the Commission members that Honey Dew Donuts has requested to relocate their dumpster pad because the present location is not accessible to the truck which emptys the dumpster. This change was requested by the Building Commissioner.
The Commission members stated that they have no objections to the dumpster movement at Honey Dew Donuts.
Mr. Alfieri informed the Commission that Mr. Phil Benjamin was the only respondent to the RFQ for the work at the Town Forest.
There was a motion to approve Mr. Benjamin as the consultant for the Town Forest project. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
Mr. Alfieri informed the Commission members that the applicant for 301 Union Street has not yet filed the Notice of Intent required for work undertaken on the site for illegal filling of wetlands.
There was a motion to issue an Enforcement Order for 301 Union Street. The motion was seconded and accepted with a vote of 7-0-0.
Discussion – 33 Anthony Road – Weber
Mr. Alfieri informed the Commission that he received a complaint informing the Conservation Department that there was wetland filling taking place at 31 & 33 Anthony Road. Mr. Alfieri visited the site and found that there was evidence of filling on both properties.
There was evidence of fresh tree cutting at 33 Anthony Road. Mr. Alfieri sent letters to both property owners informing them of what needed to be done to rectify the problem.
Mr. William Weber, homeowner of 33 Anthony Road, appeared before the Commission with a document and photographs of his property. Mr. Weber informed the Commission members that he was not aware of the fact that he was working in the wetland resource area.
The area to the rear of the house was used as a dumping area by the previous homeowner. He stated that he deposited grass clippings in this area and also cut down 6 to 8 trees.
As remediation, Mr. Weber informed the Commission that he plans to replant trees and shrubs in this area and sought recommendations from the Commission as to what species he should plant.
The Commission informed Mr. Weber that he is to stop all work on his property and that he is required to file a Notice of Intent for this work and to come into the Conservation Department for consultation with Mr. Alfieri as to how to proceed with this work at his property.
Public Hearing – Notice of Intent – 15 Vine Street – Minihane - CE159-971
Mr. Steve Donatelli, Engineer of Shea Engineering, and Mr. Minihane, the applicant, both appeared before the Commission for construction of an addition to existing single-family house, garage and driveway. Mr. Donatelli informed the Commission that the work proposed is excavation, grading and filling within the buffer zone.
Mr. Donatelli informed the Commission that haybales will be installed around the limit of work and inspected weekly and will remain in place until a Certificate of Compliance is issued. There will be no parking of equipment in the buffer zone. There will be no removal of trees or shrubs in the proposed work area until after the haybales have been installed. The soils will be stockpiled and placed outside of the buffer zone. There will be a vegetative cover installed as soon as possible during construction and the areas will be loamed, seeded and mulched as soon as possible to avoid erosion.
Mr. Alfieri informed the applicant of 15 items that need to be addressed in this Notice of Intent filing and Mr. Donatelli was given a copy of these enumerated items from the Agent’s Report.
A Commission member informed Mr. Donatelli that, according to the Regulations, no disturbance will be allowed within 50 ft. of the resource area. An alternatives analysis will need to be submitted for any work sought in the riverfront area.
A Commission member asked if any roof drains are proposed for recharge purposes. Could the proposed addition be located on the other side of the house?
Will the driveway material be asphalt or gravel? The applicant stated the driveway will be composed of gravel.
It was asked by a Commission member if the driveway could be moved rather than have a piece added to it? Could a one-car garage be constructed rather than a two-car garage to keep it outside the 50 ft. buffer zone.
A Commission member questioned as to why there are two sets of Abutters Requests Lists and Affidavits of Service in the Notice of Intent package? Mr. Donatelli will look into this matter.
This Commission member also inquired as to the reason Well #10 is not mentioned in the functions and characteristics statement as this well is located in close proximity to this site? It was also asked of the applicant as to how the temporary trench will be sized?
There was a motion to continue the hearing until October 2nd so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 7-0-0. The Commission will walk the site on Sunday, September 21st at 10 a.m.
Continued - Public Hearing – Notice of Intent – 356 King Street – Zub - CE159-970
Ms. Monique Allen, Associate member of the Commission, recused herself from the public hearing as she is working with the client.
Mr. & Mrs. Geoffrey Zub, the applicants, and Ms. Monique Allen of The Garden Continuum,
all appeared before the Commission for the addition of an extended kitchen, porch and entry vestibule, patio, fence and associated landscape and driveway renovations for their home.
Ms. Allen informed the Commission that she submitted an updated functions and characteristics statement for the Commission’s review and it has been added to the file. Ms. Allen reviewed each item in detail for the Commission.
Ms. Allen stated that she created a list for the trees to be removed during this work. Two large trees on the site which are damaged will be removed. There is another Ash tree which is damaged and is creating a hazard for the home as it is hanging over it.
Ms. Allen stated that it was requested by a Commission member that she look at the plantings to be removed and she stated that 3 small spruces, which are dying, will be removed. Another 2 plantings toward the front of the yard will also be removed.
As a result of the site walk, a third River Birch will be added to the site. Shrubs will be added instead of trees.
There will be three bounds added to the plan. There will also be a post and rail fence to follow the contour of the property for safety purposes. There will be a shrub layer planted forward of the fence.
There will be a utility area around the bulkhead with a downspout for drainage purposes. Under the deck, will be gravel to eliminate runoff from the lawn.
Mr. Alfieri informed the applicant that he is satisfied with the updated functions and characteristics statement.
A Commission member asked Ms. Allen if she has located all of the structures outside of the 50 ft. buffer zone from the wetland. She responded that she was able to comply with this.
Another Commission member asked that the new driveway be comprised of crushed stone. Ms. Allen stated that the driveway will be comprised of asphalt with a rain garden and the drainage will go directly to the rain garden in order to insure greater recharge.
Another Commission member stated that he observed a 3 inch diameter plastic pipe on the site and requested that this be removed. He requested that a perpetual condition be placed in the Orders of Conditions permitting the removal of Oriental Bittersweet and Tree of Heaven down towards the pond.
Another Commission member questioned whether the applicant is satisfactorily replacing the trees removed from the site.
A Commission member questioned Ms. Allen as to what material the deck will be made of and requested that pressure treated not be used. She responded that it will not be pressure treated and the applicant will use an alternative material. This Commission member also requested that only organic fertilizers be used on the site and would like to have this as a perpetual condition.
Another Commission member stated that it is not the trees that will be protected, it is their functions and characteristics. The diversity that is being introduced in this proposed plan does improve upon the functions and characteristics.
The Commission Chairman stated that the Special Conditions discussed at the meeting are as follows:
1. Remove plastic pipe
2. A Perpetual Condition for the Oriental Bittersweet and the Tree of Heaven
3. Grapevines can be removed from the new plantings
4. A Perpetual Condition that only organic fertilizer be used on the site
5. A log book for the siltation control
6. No pressure treated decking shall be installed
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Regulations & Filing Changes – Conservation Commission
Mr. Alfieri informed the Commission members that he has attached the complete NOI package, i.e., the new forms, new checklist, the new regulations and the new advertising requirements. All of these items have been put into the NOI package and the Commission also has been given a copy of the Regulations.
Mr. Alfieri recommends that the Commission approves the Notice of Intent package at tonight’s meeting and then either form a committee to make a full review of the rules and regulations or request that Mr. Alfieri do it. We should get all the regulations into one document for posting on the Website.
The Commission Chairman asked the members if they would like to form a committee to do this or would they prefer requesting that Mr. Alfieri do it. Chris Botchis, Andy Tolland and Mr. Alfieri volunteered for this committee.
A Commission member had a couple of comments regarding the instructions in the Notice of Intent package and questioned the remainder of the Commission as to their opinions. Mr. Alfieri stated that he will make the necessary revisions to the cover page.
Mr. Alfieri informed the Commission members that he will make the changes to the Notice of Intent package requested by the Commission members and bring it back to the next Commission meeting for review.
There was a motion to continue the Regulations and Filing changes hearing until October 2nd. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Amendment Request - 438 West Central Street – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter has been received from the applicant’s representation requesting a continuance of the public hearing until October 2nd. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Extension Permit: King Street @ Route I-495 – Town of Franklin DPW – SE159-900
Mr. Alfieri informed the Commission that the DPW has requested a two-year extension for this project as the work will get underway this Spring and will take two years to complete.
There was a motion to issue an Extension to the Orders of Conditions for two years for this project. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 85 Elm Street
Mr. Christopher Botchis, Commission Chairman is also the applicant for the site, recused himself from the public hearing.
The applicant has requested the cutting of 2-3 trees in the driveway area of his house. All of the trees are located outside of the 25 ft. resource area. The applicant also requested to trim some trees within the 25 ft. resource area but are hanging over the roof of his house. There is also a tree within the 25 ft. resource area that is dead and in danger of falling on his house. The Commission requested that this tree be topped off.
There was a motion to issue a Negative Determination with 3 Special Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 7 Cotton Tail Lane (Lot 4) – SE159-908
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: 34 Blueberry Lane (Lot 17) - SE159-888
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: Lot 3A - A Street Extension
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance for the local permit only. The motion was seconded and accepted with a vote of 7-0-0.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Law Chapter 39 Section 23b3 to consider the purchase, exchange, lease or value of real property since a public discussion may have a detrimental effect on the negotiation 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:
ROLL CALL VOTE
Ray Willis - Yes
Chris Botchis - Yes
Paul Boncek - Yes
Andy Tolland - Yes
Pearce Murphy - Yes
Jon Fournier - Yes
Jeff Senterman - Yes
Signed Certificates of Compliances, Extension Permit & Determination of Applicability
Extension Permit – King St., I-495 Ramps – Town of Franklin DPW – SE159-900
Determination of Applicability (Negative) – 85 Elm Street – Botchis
Certificate of Compliance – 7 Cotton Tail Lane (Lot 4) – Maple Sands Corp. – SE159-908
Certificate of Compliance – 34 Blueberry Lane (Lot 17) - Maple Sands Corp. – SE159-888
Certificate of Compliance – Lot 3A - A Street Extension – Ferrara
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
Minutes of Meeting
August 28, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, R. Willis, A. Tolland, P. Boncek, J. Senterman, P. Murphy
Absent: M. Allen, Associate Member, Nick Alfieri, Conservation Agent
There was a motion to accept the minutes of the August 14th meeting with 5 adjustments.
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
The Chairman opened the hearing and asked the Commission members if they had any additional comments or questions regarding this project.
The Commission members agreed that all of the changes that were requested by the Commission were made and they approve of the revised plan.
There was a motion to close the public 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 43 Special Conditions recommended by Mr. Alfieri. The motion was seconded and accepted with a vote of 6-1-0;
6 Yes, 1 No, 0 Abstentions.
Continued - Public Hearing – Amendment Request - 438 West Central Street – Ayoub – SE159-862
The Commission Chairman opened the continued public hearing and stated that a letter has been received from the applicant’s engineer requesting a continuance of the public hearing until September 18th.
There was a motion to continue the hearing until September 18th. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Public Hearing – Request for Determination – Town Forest on Summer Street – Eagle Scout Project
Mr. Michael Zagieboylo, Eagle Scout, appeared before the Commission for the construction of a bridge across Uncas Brook in the Town Forest on Summer Street.
Mr. Zagieboylo informed the Commission that he would like to build a bridge as the old bridge has been knocked over and the new bridge would be used for public access purposes.
A Commission member stated that this project has 3 elements, i.e., two crossings, the bridge, and a culvert to the north in the location where the proposed bridge would be located. He expressed concerns regarding the bridge and the removal of the logs would create a moto cross track. This Commission member questioned Mr. Zagieboylo regarding the blazing of the trails and how he would proceed with this task. He stated that he will mark the trail with brush on paint.
The Commission members commended Mr. Zagieboylo on his work and expressed their appreciation for this project.
There was a motion to waive the advertising fee for the Town Forest on Summer Street Eagle Scout project. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination for the Town Forest on Summer Street Eagle Scout Project. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – 356 King Street – Zub - CE159-970
Mr. & Mrs. Geoffrey Zub, the applicants, and Mr. Greg Bunavicz, Engineer of Borderland Engineering, all appeared before the Commission for the addition of an extended kitchen, porch and entry vestibule, patio, fence and associated landscape and driveway renovations for their home.
Mr. Bunavicz informed the Commission that the lot slopes toward the wetland which connects to Spruce Pond. The house has a detached garage and has an existing driveway off King Street. The proposed project consists of a driveway relocation, additions to the house and landscape work as well. The driveway will be relocated off of Lockewood Drive and this work will be
conducted outside of the 100 ft. buffer zone. There will be an additional asphalt area next to the existing garage. There will be a small 8’x10’ entryway addition and a 16’x16’ addition on the wetland side of the house.
The proposed addition will be located approximately 48 ft. off the edge of the wetland. The proposed patio will be located just outside of the 50 ft. buffer zone.
Mr. Bunavicz stated that the shrubs, bushes and plantings schedule will include red maples and various other shrubs recommended for planting in wetland areas. There will be 3 large trees to be removed in this project as they are in danger of falling onto the house.
There will be some mitigation proposed along the edge of the buffer zone. Roof drains are also proposed along the rear corner of the garage to mitigate any runoff. A fence will be proposed along the limit of work and in place of concrete bounds. Soil socks are proposed along the 100 ft. buffer zone.
A Commission member inquired of Mr. Bunavicz if he looked into the prospect of making changes to the plans for the addition to locate it at the 50 ft. buffer so it does not encroach into that area. He also requested that roof recharge be installed for mitigation measure and compensation as well. He also stated that he is in favor of this project. It was also noted that roof gardens should be added to the plans as well.
Another Commission member asked Mr. Bunavicz if the tree line needs to be pulled back as far as is depicted on the plans? He had concerns with the tree line being pushed back so far and the he should attempt to maintain as much undisturbed area as possible. Could the area be revegetated as opposed to turning it into lawn?
Another Commission member inquired as to what material will the porch be constructed of? He suggested to Mr. Bunavicz that he consider non-pressure treated wood as it will be located in the 50 ft. resource area. It was also requested of the applicant that the porch be moved completely out of the 50 ft. resource area.
There is a large impervious area for the driveway in the 50-100 ft. area and the Commission asked if it could it be made smaller and requested a change in the configuration. Mrs. Zub stated that they are seeking this large portion of paving as a play area for their children.
It was also requested that the 3 trees noted for removal be depicted on the plans and the Commission will look at them at the site walk.
A Commission member stated that the functions and characteristics statement does not adequately address some of their concerns. He is requesting an explicit statement addressing each one of them so that the Commission has something to evaluate the project against. This Commissioner also requested bounds, the location of which would be determined at the site walk.
The Commission requested that Mr. Bunavicz present them with calculations for mitigation measures.
A Commission member requested that erosion control be placed around the stockpile area even though it is located outside of the 100 ft. buffer zone to prevent runoff in the event of a severe rainstorm.
There was a motion to continue the public hearing until September 18th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 7-0-0. The Commission will walk the site on Tuesday, September 9th at 7:00 p.m.
Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – 30 Shady Lane - Callahan - CE159-968
Determination of Applicability (Negative) – Town Forest – Summer Street – Eagle Scout
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
Minutes of Meeting
September 18, 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 August 28th meeting with 3 changes. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Nick Alfieri’s Agent Report has been appended to the minutes.
Mr. Alfieri informed the Commission members that Honey Dew Donuts has requested to relocate their dumpster pad because the present location is not accessible to the truck which emptys the dumpster. This change was requested by the Building Commissioner.
The Commission members stated that they have no objections to the dumpster movement at Honey Dew Donuts.
Mr. Alfieri informed the Commission that Mr. Phil Benjamin was the only respondent to the RFQ for the work at the Town Forest.
There was a motion to approve Mr. Benjamin as the consultant for the Town Forest project. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
Mr. Alfieri informed the Commission members that the applicant for 301 Union Street has not yet filed the Notice of Intent required for work undertaken on the site for illegal filling of wetlands.
There was a motion to issue an Enforcement Order for 301 Union Street. The motion was seconded and accepted with a vote of 7-0-0.
Discussion – 33 Anthony Road – Weber
Mr. Alfieri informed the Commission that he received a complaint informing the Conservation Department that there was wetland filling taking place at 31 & 33 Anthony Road. Mr. Alfieri visited the site and found that there was evidence of filling on both properties.
There was evidence of fresh tree cutting at 33 Anthony Road. Mr. Alfieri sent letters to both property owners informing them of what needed to be done to rectify the problem.
Mr. William Weber, homeowner of 33 Anthony Road, appeared before the Commission with a document and photographs of his property. Mr. Weber informed the Commission members that he was not aware of the fact that he was working in the wetland resource area.
The area to the rear of the house was used as a dumping area by the previous homeowner. He stated that he deposited grass clippings in this area and also cut down 6 to 8 trees.
As remediation, Mr. Weber informed the Commission that he plans to replant trees and shrubs in this area and sought recommendations from the Commission as to what species he should plant.
The Commission informed Mr. Weber that he is to stop all work on his property and that he is required to file a Notice of Intent for this work and to come into the Conservation Department for consultation with Mr. Alfieri as to how to proceed with this work at his property.
Public Hearing – Notice of Intent – 15 Vine Street – Minihane - CE159-971
Mr. Steve Donatelli, Engineer of Shea Engineering, and Mr. Minihane, the applicant, both appeared before the Commission for construction of an addition to existing single-family house, garage and driveway. Mr. Donatelli informed the Commission that the work proposed is excavation, grading and filling within the buffer zone.
Mr. Donatelli informed the Commission that haybales will be installed around the limit of work and inspected weekly and will remain in place until a Certificate of Compliance is issued. There will be no parking of equipment in the buffer zone. There will be no removal of trees or shrubs in the proposed work area until after the haybales have been installed. The soils will be stockpiled and placed outside of the buffer zone. There will be a vegetative cover installed as soon as possible during construction and the areas will be loamed, seeded and mulched as soon as possible to avoid erosion.
Mr. Alfieri informed the applicant of 15 items that need to be addressed in this Notice of Intent filing and Mr. Donatelli was given a copy of these enumerated items from the Agent’s Report.
A Commission member informed Mr. Donatelli that, according to the Regulations, no disturbance will be allowed within 50 ft. of the resource area. An alternatives analysis will need to be submitted for any work sought in the riverfront area.
A Commission member asked if any roof drains are proposed for recharge purposes. Could the proposed addition be located on the other side of the house?
Will the driveway material be asphalt or gravel? The applicant stated the driveway will be composed of gravel.
It was asked by a Commission member if the driveway could be moved rather than have a piece added to it? Could a one-car garage be constructed rather than a two-car garage to keep it outside the 50 ft. buffer zone.
A Commission member questioned as to why there are two sets of Abutters Requests Lists and Affidavits of Service in the Notice of Intent package? Mr. Donatelli will look into this matter.
This Commission member also inquired as to the reason Well #10 is not mentioned in the functions and characteristics statement as this well is located in close proximity to this site? It was also asked of the applicant as to how the temporary trench will be sized?
There was a motion to continue the hearing until October 2nd so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 7-0-0. The Commission will walk the site on Sunday, September 21st at 10 a.m.
Continued - Public Hearing – Notice of Intent – 356 King Street – Zub - CE159-970
Ms. Monique Allen, Associate member of the Commission, recused herself from the public hearing as she is working with the client.
Mr. & Mrs. Geoffrey Zub, the applicants, and Ms. Monique Allen of The Garden Continuum,
all appeared before the Commission for the addition of an extended kitchen, porch and entry vestibule, patio, fence and associated landscape and driveway renovations for their home.
Ms. Allen informed the Commission that she submitted an updated functions and characteristics statement for the Commission’s review and it has been added to the file. Ms. Allen reviewed each item in detail for the Commission.
Ms. Allen stated that she created a list for the trees to be removed during this work. Two large trees on the site which are damaged will be removed. There is another Ash tree which is damaged and is creating a hazard for the home as it is hanging over it.
Ms. Allen stated that it was requested by a Commission member that she look at the plantings to be removed and she stated that 3 small spruces, which are dying, will be removed. Another 2 plantings toward the front of the yard will also be removed.
As a result of the site walk, a third River Birch will be added to the site. Shrubs will be added instead of trees.
There will be three bounds added to the plan. There will also be a post and rail fence to follow the contour of the property for safety purposes. There will be a shrub layer planted forward of the fence.
There will be a utility area around the bulkhead with a downspout for drainage purposes. Under the deck, will be gravel to eliminate runoff from the lawn.
Mr. Alfieri informed the applicant that he is satisfied with the updated functions and characteristics statement.
A Commission member asked Ms. Allen if she has located all of the structures outside of the 50 ft. buffer zone from the wetland. She responded that she was able to comply with this.
Another Commission member asked that the new driveway be comprised of crushed stone. Ms. Allen stated that the driveway will be comprised of asphalt with a rain garden and the drainage will go directly to the rain garden in order to insure greater recharge.
Another Commission member stated that he observed a 3 inch diameter plastic pipe on the site and requested that this be removed. He requested that a perpetual condition be placed in the Orders of Conditions permitting the removal of Oriental Bittersweet and Tree of Heaven down towards the pond.
Another Commission member questioned whether the applicant is satisfactorily replacing the trees removed from the site.
A Commission member questioned Ms. Allen as to what material the deck will be made of and requested that pressure treated not be used. She responded that it will not be pressure treated and the applicant will use an alternative material. This Commission member also requested that only organic fertilizers be used on the site and would like to have this as a perpetual condition.
Another Commission member stated that it is not the trees that will be protected, it is their functions and characteristics. The diversity that is being introduced in this proposed plan does improve upon the functions and characteristics.
The Commission Chairman stated that the Special Conditions discussed at the meeting are as follows:
1. Remove plastic pipe
2. A Perpetual Condition for the Oriental Bittersweet and the Tree of Heaven
3. Grapevines can be removed from the new plantings
4. A Perpetual Condition that only organic fertilizer be used on the site
5. A log book for the siltation control
6. No pressure treated decking shall be installed
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Regulations & Filing Changes – Conservation Commission
Mr. Alfieri informed the Commission members that he has attached the complete NOI package, i.e., the new forms, new checklist, the new regulations and the new advertising requirements. All of these items have been put into the NOI package and the Commission also has been given a copy of the Regulations.
Mr. Alfieri recommends that the Commission approves the Notice of Intent package at tonight’s meeting and then either form a committee to make a full review of the rules and regulations or request that Mr. Alfieri do it. We should get all the regulations into one document for posting on the Website.
The Commission Chairman asked the members if they would like to form a committee to do this or would they prefer requesting that Mr. Alfieri do it. Chris Botchis, Andy Tolland and Mr. Alfieri volunteered for this committee.
A Commission member had a couple of comments regarding the instructions in the Notice of Intent package and questioned the remainder of the Commission as to their opinions. Mr. Alfieri stated that he will make the necessary revisions to the cover page.
Mr. Alfieri informed the Commission members that he will make the changes to the Notice of Intent package requested by the Commission members and bring it back to the next Commission meeting for review.
There was a motion to continue the Regulations and Filing changes hearing until October 2nd. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Amendment Request - 438 West Central Street – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter has been received from the applicant’s representation requesting a continuance of the public hearing until October 2nd. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Extension Permit: King Street @ Route I-495 – Town of Franklin DPW – SE159-900
Mr. Alfieri informed the Commission that the DPW has requested a two-year extension for this project as the work will get underway this Spring and will take two years to complete.
There was a motion to issue an Extension to the Orders of Conditions for two years for this project. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 85 Elm Street
Mr. Christopher Botchis, Commission Chairman is also the applicant for the site, recused himself from the public hearing.
The applicant has requested the cutting of 2-3 trees in the driveway area of his house. All of the trees are located outside of the 25 ft. resource area. The applicant also requested to trim some trees within the 25 ft. resource area but are hanging over the roof of his house. There is also a tree within the 25 ft. resource area that is dead and in danger of falling on his house. The Commission requested that this tree be topped off.
There was a motion to issue a Negative Determination with 3 Special Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 7 Cotton Tail Lane (Lot 4) – SE159-908
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: 34 Blueberry Lane (Lot 17) - SE159-888
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: Lot 3A - A Street Extension
Mr. Alfieri informed the Commission that he has inspected this property and it has been completed in accordance with the plan.
There was a motion to issue a Certificate of Compliance for the local permit only. The motion was seconded and accepted with a vote of 7-0-0.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Law Chapter 39 Section 23b3 to consider the purchase, exchange, lease or value of real property since a public discussion may have a detrimental effect on the negotiation 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:
ROLL CALL VOTE
Ray Willis - Yes
Chris Botchis - Yes
Paul Boncek - Yes
Andy Tolland - Yes
Pearce Murphy - Yes
Jon Fournier - Yes
Jeff Senterman - Yes
Signed Certificates of Compliances, Extension Permit & Determination of Applicability
Extension Permit – King St., I-495 Ramps – Town of Franklin DPW – SE159-900
Determination of Applicability (Negative) – 85 Elm Street – Botchis
Certificate of Compliance – 7 Cotton Tail Lane (Lot 4) – Maple Sands Corp. – SE159-908
Certificate of Compliance – 34 Blueberry Lane (Lot 17) - Maple Sands Corp. – SE159-888
Certificate of Compliance – Lot 3A - A Street Extension – Ferrara
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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