Minutes of Meeting
October 23, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, R. Willis, A. Tolland, J. Senterman, J. Fournier, Nick Alfieri, Conservation Agent
Absent: P. Boncek, P. Murphy, M. Allen, Associate Member
There was a motion to accept the minutes of the October 2nd meeting. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of the Executive Session of September 18th with one correction. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Alfieri informed the Commission members that Mr. Paul Compton, property owner of 20 Grove Street, has requested that his bond be released for the wetlands work for which he has received a Certificate of Compliance.
There was a motion to release the bond for 20 Grove Street to Mr. Paul Compton. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Nick Alfieri’s Agent Report has been appended to the minutes.
Ms. Gail Lembo, a resident of Franklin, appeared before the Commission regarding the source of a pollutant discharge into Mine Brook. Mr. Alfieri and Mr. McKearney, the Board of Health Agent, have conducted an extensive search at all of the crossings of the brook in an attempt to locate the source of the foam. Mr. Alfieri informed the Commission as well as Mrs. Lembo that that have been unable to find a source of the foam and have come to the conclusion that the foam is coming from a natural process. Ms. Lembo presented the Commission with photographs of the foam in the brook.
Mr. Alfieri has referred Ms. Lembo to Mr. Warren Kimball from the Department of Environmental Protection, Water Quality Division, in Worcester for further investigation.
Ms. Lembo informed the Commission that she was notified by the DEP that they will be conducting a field investigation of this matter next week.
Public Hearing – Notice of Intent – 301 Union St. - Union Square Landings – CE159-972
Mr. Michael Perrault, Engineer of PMP Associates, appeared before the Commission for landscape maintenance along the existing parking areas at the apartment complex on Union Street.
Mr. Perrault informed the Commission that part of this work is for the removal of some bituminous area. The site was recently purchased and site improvements are needed to be done. A lot of debris was left in the wetland area behind the building by the previous owner. The new owner would like to improve the site and clean it up. They want to go into the area adjacent to the parking lot and remove any of the debris that was left there without using heavy equipment. All along the edge needs to be cleaned of old vegetative material, mulched and stabilized. The area needs to be reseeded and plantings put in as well.
Mr. Alfieri informed the applicant of 12 items which need to be addressed in this Notice of Intent filing.
There was a motion to continue the hearing until November 13th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, November 2nd, at 10 a.m.
Public Hearing – Request for Determination – 27 Forge Parkway – Beals Associates
Mr. Larry Beals of Beals Associates and Mr. Peter Young, representing the applicant, Thermo Electron, appeared before the Commission for parking lot modifications. The property is located in Forge Park and the building is a predeveloped site. The site is 18.6 acres of land and the building is 110,000 sq. ft. with 291 parking spaces and 8 handicapped spaces.
The drainage is subsurface collected through the parking lot, flows into a catch basin and the roof drains tie into the existing system and discharges to the detention basin and a wetland system to the northeast of the site.
Thermo Electron would seek to add 40 parking spaces to the site plan and to provide for additional parking through the winter as they work toward potential expansion of the building and parking as well.
Mr. Beals stated that he is seeking a Negative Determination to clear and pave the existing grassed area on the site for the proposed additional parking spaces.
Mr. Beals stated that wetland boundaries have been added to the plan and are accurately depicted. Mr. Beals stated that he has met with the Town Engineer and he has provided a letter with his comments and this letter has been added to the Conservation file.
There will be 4 inches of gravel put down with 4 inches of pavement on top of it at the suggestion of the Town Engineer.
Mr. Alfieri informed the applicant of 4 items to be addressed in this Request for Determination filing.
A Commission member questioned the applicant as to what will be done for snow removal. Where will the plowed snow be deposited from the site?
Another Commission member questioned that on the west side of the site, there is a large drop off toward the wetland, does a Negative Determination freeze the wetland line?
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. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – Lot 1, 1084 Pond Street – Schultz - CE159-976
Ms. Kathy Schultz, the applicant, and Mr. Garrett Tunison, principal of Tunison Smith, both appeared before the Commission for the construction of a single-family house.
A Commission member addressed the Chairman and requested that in light of the extensive amount of material that needs to be submitted for this project, he suggested that we continue this hearing until all of the material has been submitted because at this point there is not enough material to adequately review this project; i.e., more than half of the material is missing from the application. There was a consensus of agreement among the other Commission members.
The Commission Chairman informed the Commission of this issue. Another Commission member stated that the party who prepared this Notice of Intent package, totally ignored the Town of Franklin’s Bylaw and the requirements for the submittal of a Notice of Intent package.
He requested that all of the required items are submitted to the Commission and does not feel comfortable in reviewing this application with so many items missing from the application.
There was a general agreement on this matter among the other Commission members as well that there is not sufficient information provided to move forward on this hearing.
Mr. Tunison stated that he would agree to a continuance of the hearing.
Ms. Gail Lembo, an abutter to the site, asked what regulation has changed since building on this site was originally proposed and was not allowed in the beginning back then. The landowner had been denied building on this lot years ago.
Another abutter to the site questioned some issues addressed in the Bylaw.
There was a motion to continue the hearing until November 13th. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz
Ms. Kathy Schultz, the applicant, and Mr. Garrett Tunison, principal of Tunison Smith, both appeared before the Commission for the construction of a single-family house.
There was a motion to continue the hearing until November 13th. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – Panther Way Drainage System – Town of Franklin – CE159-973
Mr. William Yadisernia, Town Engineer, Ms. Denise Zambrowski, Environmental Coordinator for the Town of Franklin, Mr. Dave Nyren, Senior Engineer, and Mr. Scott Salvucci, both of Comprehensive Environmental Company, all appeared before the Commission for the stormwater drainage system improvements on Panther Way.
Mr. Yadisernia informed the Commission that this is a 27 acre drainage area, with 10 acres being impervious. It is an existing developed site; some of which is Highwood Condominiums and the Police Station parking lot as well. All of this is discharging into an unnamed brook, which ultimately discharges into Mine Brook and subsequently the Charles River.
Ms. Zambrowski stated that the work will be conducted under an EPA Grant to the amount of $131,000 with a 40% match of Town staffing and labor for a total of $230,000. This work will improve stormwater quality to pick up direct discharge that is not being treated to treat it for suspended solids.
Mr. Nyren informed the Commission that the storm drain system is picked up by a 36 inch pipe and discharges directly into the brook. An outlet structure will be put in the existing pipe and will then be treated. Mr. Nyren outlined all of the details of the project and how the discharge will be captured and treated.
Mr. Alfieri informed the applicant of 1 item to be addressed in this Notice of Intent filing.
A Commission member questioned the 4 water bodies mentioned on the plan and what water bodies these are. This Commissioner also informed the applicant that regarding the functions and characteristics, the burden of proof is on the applicant to demonstrate no significant adverse impact. Also, this member asked whether or not there will be any soils removed from the site? Mr. Nyren stated that there could be some exchange of soils in order to grade the embankments properly.
There was a motion to continue the hearing until November 13th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Sunday, November 2nd at 10:30 a.m.
Continued – Public Hearing – Regulations & Filing Changes – Conservation Commission
Mr. Alfieri informed the Commission members that he has sent out copies of the complete NOI package. All of the changes which were requested by the Commission at the last meeting have been put into the NOI package. The forms have been changed to request that a PDF file is also submitted as well. Mr. Alfieri has just received an Email today from the DEP which stated that the Orders of Conditions form was changed again to be in compliance with DEP’s WIRE system and these changes will be made to incorporate the local Bylaw issues as well.
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 Notice of Intent package and questioned whether they will receive hard copies with the requested changes.
Mr. Alfieri informed the Commission members that he will make the changes to the Notice of Intent package requested and he will bring it back to the next Commission meeting for review.
There was a motion to continue the Regulations and Filing changes hearing until November 13th. 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
The Commission Chairman stated that a letter dated October 20th has been received from the applicant’s representative requesting a continuance of the public hearing until November 13th so that the applicant may appear before the Zoning Board of Appeals.
There was a motion to continue the hearing until November 13th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Amendment Request - 438 West Central Street – Ayoub Engineering – SE159-862
The Commission Chairman stated that a letter dated October 20th has been received from the applicant’s representative requesting a continuance of the public hearing until November 13th.
There was a motion to continue the hearing until November 13th. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Certificate of Compliance: 6 Lena Circle – CE159-938
Mr. Alfieri informed the Commission members that this site is in substantial compliance with the Orders of Conditions and Conservation Staff was waiting for the required recording information from the Registry of Deeds.
Certificate of Compliance: Beaver Street Culvert over Mine Brook - CE159-959
Mr. Alfieri informed the Commission members that this site is in substantial compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: Lot 6 – 550 Summer Street – SE159-893
Mr. Alfieri informed the Commission that the engineer for the site has submitted a letter with the Request for Certificate of Compliance with 8 deviations from the plan. Mr. Alfieri visited the site and all these 8 changes were done on the site. Mr. Alfieri requested that the Commission give him direction on how to proceed; i.e., the applicant could either file for an Amendment or the Commission could approve the Certificate of Compliance.
The Commission informed Mr. Alfieri that the applicant’s engineer should appear at a Commission meeting and present a summary of the changes to the Commission.
Signed Certificates of Compliance & Determination of Applicability
Certificate of Compliance – 6 Lena Circle – Calabrese – CE159-938
Determination of Applicability (Negative) – 27 Forge Parkway – Thermo Fisher Scientific Certificate of Compliance – Beaver Street over Mine Brook – DPW – CE159-959
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
