Minutes of Meeting
October 2, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, R. Willis, A. Tolland, P. Boncek, J. Senterman, P. Murphy
Nick Alfieri, Conservation Agent
Absent: J. Fournier, M. Allen, Associate Member
There was a motion to accept the minutes of the September 18th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent Report has been appended to the minutes.
There was a motion to change the fee for an ANRAD filing to include the $1 per linear foot as written by the Agent not to exceed $100 for residential or $1000 for commercial/industrial. The motion was changed to single-family or duplex as opposed to residential for $100 and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Public Hearing – Request for Determation – Verizon
Mr. Paul Boncek, Conservation Commission member, recused himself from the public hearing as he has a family member who works for White Mountain Cable.
Ms. Julie Freshman, a representative of Resource Controls, and Mr. Jorge Medina, a representative of Verizon, both appeared before the Commission for the installation of underground conduit as an upgrade/repair to existing underground telephone utilities for underground Fios lines.
Ms. Freshman said that some of the work has been completed and some is proposed. The proposed work within Conservation jurisdiction has been highlighted on the plans. There are 2
erosion control details depicted on the plan; i.e., socks or silt fence. Ms. Freshman stated that the excavations are 12-15 inches in width and 24 inches in depth. They are closed up on the same day.
Mr. Alfieri informed the Commission that he has no preference as to what type of erosion control is used by Verizon, either socks or silt fence, as most of the work will be performed and backfilled on the same day. He does have a larger concern over trucks and machinery parked in Conservation jurisdiction overnight. Soil piles should not be stored overnight without protection around them. He also requested that Verizon sweep the street at the end of the day to prevent erosion down into the wetlands.
Ms. Freshman stated that she has included a letter with this filing to request waiving the requirement of notifying the abutters for this work. She informed the Commission that Verizon informally notifies the abutters by attaching notices on the doors of these residences that are affected.
A Commission member stated that he happened upon this work on Griffin Road and noticed some equipment working in the wetland resource area. The dirt pile has since been removed from the site. He also observed some debris in the roadway next to a perennial streams as well as heavy equipment parked 50 ft. from the stream. He does not feel comfortable issuing a blanket permit for all of the work in Franklin.
Ms. Freshman informed the Commission members that Verizon will provide the contractors working on these sites with all of the required maps necessary for working in Conservation jurisdiction.
Mr. Alfieri was first notified of this work when Verizon was found to be working on Town Line Road. Since they were already working, Mr. Alfieri informed them that they could continue to work but to file with Conservation and appear before the Commission for a public hearing as soon as possible.
This filing is only under the local Bylaw and is exempt under the State Act since it is for utility work.
A Commission member informed the applicant that some of the conditions that will be included in the Orders of Conditions will be no storage of soils that could erode into a catch basin and subsequently into a drainage system that the Town will be required to pay to remove, no refueling of equipment in the resource area, no storage of equipment within the 100 ft. resource area.
The applicant was informed by the Commission that if these conditions are not met, an Enforcement Order would be issued by the Commission.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of
5-0-0.
There was a motion to issue a Negative Determination with 4 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 15 Vine Street – Minihane - CE159-971
Mr. Steve Donatelli, Engineer of Shea Engineering, Mr. James Minihane, the applicant, and Mr. Tom Morse, the abutter to the property, all appeared before the Commission for construction of an addition to existing single-family house, garage and driveway. Mr. Donatelli informed the Commission that he has addressed Mr. Alfieri’s comments from the last hearing with a revised plan.
Mr. Donatelli stated that the property line has been changed and this has been corrected on the plan. He stated that if the garage were located on the opposite side of the house, the view of the backyard from the house where the children are playing would be eliminated. The applicant has depicted a 25 ft. and 50 ft. buffer zone line on the plan. The proposed driveway will be comprised of gravel and this has been depicted on the plan as well. There will be a total of 624 sq. ft. of impervious area within the buffer zone, of which 94 sq. ft. will be located within the
25-50 ft. zone and 530 sq. ft. will be located within the 50-100 ft. buffer zone.
The siltation barrier has been relocated to a location at the limit of work and this has been labeled on the plan. The note regarding elevation has been added to the plan. The trees to be removed are 3 trees within the 50-100 ft. buffer zone. The garage will be located on previously disturbed area.
Mr. Donatelli informed the Commission members that the area behind the garage will remain in a natural state. The mitigation area proposed for the addition and garage will be 18 ft. from the wetlands. There is a need for the applicant to have a separate driveway of their own in order to access their portion of the property.
Mr. Morse, the abutter, stated that the existing driveway is used to access the Big Apple Farm property and they need to keep that area open.
A Commission member asked Mr. Donatelli if as an alternative could the existing garage be moved forward 16 ft. toward the existing gravel driveway? They are right now at the
40 ft. setback, which is the existing minimum zoning setback. The turnaround area is fully outside of the buffer zone.
A Commission member asked the applicant if he would consider going to the Zoning Board of Appeals for this project.
Mr. Alfieri stated that he will consult with the Building Commissioner to seek his opinion on the applicant going to the Zoning Board of Appeals for relief from the setbacks in order to get the project outside of the 50 ft buffer zone and move it 16 ft. forward.
The Commission requested that the applicant construct the project on the opposite side of the house. The applicant objected to this proposal as it would separate the play area from adult supervision. This was not considered a viable alternative by the Commission members as that reason is not pertinent to the protection of the wetlands.
A Commission member informed the applicant that if the garage cannot be moved outside of the 50 ft. buffer zone, that you will be required to obtain a variance from the Commission and you need to convince us that there is no reasonable alternative other than where it is.
Another Commission member informed the applicant that the spirit of the Commission is to move away from the wetlands not encroach towards it. The Commission is charged with protecting the wetlands. The applicant should look at alternative options to encroachment into the resource area.
Another Commission member informed the applicant that he looks more favorably upon this revised plan presented at tonight’s meeting than the original plan presented to the Commission. Regarding the concrete wetland bounds, it was requested that the one outside of 100 ft. resource area, could it be located on the 100 ft. resource area so that the Commission can maintain jurisdiction over it in perpetuity. As for mitigation, could the dogwoods be intermixed between the two areas. The alternatives analysis is not compelling and the project could be repositioned so that a variance is not needed.
Mr. Alfieri commented that if you do go to ZBA, the Conservation Department will be notified and given an opportunity to provide a comment letter that will be submitted to the ZBA.
There was a motion to continue the hearing until October 23rd so that the applicant has an opportunity to appear before the ZBA. The motion was seconded and accepted with a vote
of 6-0-0.
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 example cover page and distribution page. All of the changes which were requested by the Commission at the last meeting have been put into the NOI package.
Mr. Alfieri recommended that the Commission approve this Notice of Intent package at tonight’s meeting.
The Commission members had a few comments regarding the instructions in the Notice of Intent package and questioned the remainder of the Commission as to their opinions.
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 23rd. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request - 438 West Central Street – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter dated September 26th has been received from the applicant’s representative requesting a continuance of the public hearing until October 23rd.
There was a motion to continue the hearing until October 23rd. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Permit Decision: 356 King Street – CE159-970
There was a discussion among the 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 31 Special Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Discussion: DelCarte Report
Mr. Alfieri stated that the final report for this project has been received by Pare Corporation for the Commission’s review and comment.
A Commission member informed the Commission that he has spoken to a representative
of Pare Corporation regarding the report and he is looking into the comments which he has received from some of the Commission members. The Pare representative will prepare a letter addressing some of these comments that he has received to date.
A Commission member requested that a copy of the report be forward to Bill Yadisernia, Town Engineer, for his input and comments.
The consensus of the Commission members was to hold a special meeting to discuss the DelCarte Report with the representatives from Pare Corporation.
Ray Willis, Commission member, will contact Pare Corporation to obtain their availability for a special meeting and determine a date for this meeting and will let the Commission members know of the date.
Certificate of Compliance: 266 Daniels Street – CE159-948
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 266 Daniels Street. The motion was seconded and accepted with a vote of 6-0-0.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Law Chapter 39 Section 23b3 to discuss the Executive Session from the September 18th hearing. 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
Jeff Senterman - Yes
Signed Certificate of Compliance, Orders of Conditions & Determination of Applicability
Orders of Conditions – 356 King Street – Zub - CE159-970
Determination of Applicability (Negative) - Underground conduit installation - Verizon
Certificate of Compliance – 266 Daniels Street – Minkle – CE159-948
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 9:20 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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