Minutes of Meeting
November 13, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, R. Willis, A. Tolland, J. Senterman, P. Boncek, P. Murphy, J. Fournier, Nick Alfieri, Conservation Agent
Absent: M. Allen, Associate Member
There was a motion to accept the minutes of the October 23rd meeting. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to accept the minutes of the Executive Session of October 2nd. 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.
Mr. Alfieri informed the Commission that Mr. Paul Maggiore has requested that his money be returned to him from the consultant account, which is approximately $500 leftover from the peer review of the Spring Street project.
There was a motion to release Mr. Maggiore’s funds. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to accept the proposed schedule for the 2009 hearings. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Alfieri informed the Commission that he observed dirty water being discharged from a flexible pipe on the site of the building at the World Granite & Marble Company at 15 Grove Street.
There was a motion to issue an Enforcement Order to the owner of World Granite & Marble located at 15 Grove Street for illegal filling of the buffer zone without a permit. The motion was seconded and accepted with a vote of 7-0-0.
Discussion – Open Space & Recreation Plan – Public Land Use Committee
Ms. Beth Dahlstrom, Town Planner, appeared before the Commission for a discussion and presentation of the Draft 2008 Open Space & Recreation Plan. Ms. Dahlstrom stated that the Draft report is also open for comments from the public.
Ms. Dahlstrom introduced Ms. Susan Plume, the Chair of the Open Space Committee, and Mr. Ray Willis, Conservation Commission member and also a member of the Open Space Committee, who were both present at tonight’s meeting.
Ms. Dahlstrom presented a slide show of the Open Space Plan to the Commission and asked for any comments on the plan that they might have from the Commission and the public as well.
She also stated that a Citizen Survey was distributed to the public last spring and used these comments in putting together this Plan. The Open Space Committee took these inputs and incorporated them into the Plan. The Draft Plan will be open for public comment until December 5th and the comments will be incorporated into the Plan to improve it.
Ms. Dahlstrom presented a slide show presentation to the Commission and requested that after the presentation, the Commission submit their comments to her in the Planning Department or via Email.
The Commission members thanked Ms. Dahlstrom for the presentation and will forward any comments that they may have to her in the Planning Department office.
Public Hearing – Notice of Intent – 416 Maple Street – Spears – CE159-978
Mr. Nick Alfieri, Conservation Agent, disclosed the fact that he is an abutter to Mr. Spears and he has disclosed this fact to the Town Administrator and he has given Mr. Alfieri his permission to continue to sit and act as Conservation Agent for the hearing.
Mr. Greg Bunavicz, Engineer of Borderland Engineering, and Mr. Donald Spears, the applicant, both appeared before the Commission for the construction of an addition to existing single-family house.
Mr. Bunavicz informed the Commission members that the house was constructed in 1991 and contains 28,000 sq. ft. of dry area with the remainder of the lot being wetland area. There is a manmade drainage ditch located on the left side of the property.
The proposed construction is for a 16’x20’ addition with an 8’x16’ deck and construction will utilize 6 footings to reduce the impact of impervious coverage. There will be erosion control barriers constructed around the area of construction. There will be rain gardens proposed to divert stormwater. The rain gardens will include some mitigative plantings; the species to be suggested by the Commission. There is an existing shed located near the deck and the proposed addition, which will be relocated to another spot on the site.
Mr. Bunavicz also stated that the 50 ft. buffer zone line runs through the existing house; the entire lot is located in the 100 ft. buffer zone. The 25’–50’ disturbance is 1,620 sq. ft. and the 50’-100’ is 0 sq. ft.
Mr. Alfieri informed the applicant of 8 items to be addressed in this Notice of Intent filing.
A Commission member stated that one-third of the proposed project is located in the 25 ft. no disturb zone and does not feel favorable towards approving this project.
Another member stated that he feels very strongly in not being in favor of any disturbance in the 25 ft. no disturb zone.
Another Commission stated that a very extensive variance request would be required for this project with a strong alternatives analysis to move forward with the proposed work.
Another Commission member informed the applicant that the burden of proof is on the applicant to demonstrate that the 25 ft. no-disturb zone is not a significant issue. A site walk may show the Commission what the resource area looks like.
Another Commission member requested that the applicant stake out the addition so that the members may see exactly where it will be located.
There was a motion to continue the hearing until December 4th 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, November 16th at 11 a.m.
Public Hearing – Notice of Intent – Populatic Street Roadway – Town of Franklin - CE159-975
Mr. Warren Groth, a representative of the Town of Franklin DPW, appeared before the Commission on a project for roadway improvements and installation of stormwater drainage system.
Mr. Groth informed the Commission members that this project is a refiling of an Orders of Conditions which has expired. Mr. Groth stated that the project is to eliminate the curve located on Populatic Street and construct about 600 ft. of new roadway and eliminate a portion of the existing roadway that will not be necessary once the roadway is straightened. It will also include new drainage improvements as part of this project.
Mr. Groth informed the Commission members that the plans have not changed from the plans filed with the original Notice of Intent for this project.
Mr. Alfieri informed the applicant of 1 item to be addressed in this Notice of Intent filing.
A Commission member questioned as to whether the applicant is creating an isolated wetland as part of a replication plan? Mr. Groth answered that he is not sure of this. This Commission member stated that he would like to know exactly what is being replicated, is it wetland or upland? How much is being filled or altered?
There was a motion to waive the Town Wetland Protection Bylaw fees. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to continue the hearing until December 4th 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, November 16th at Noon.
Public Hearing – Notice of Intent – Lincoln Street Culvert – Town of Franklin - CE159-974
Mr. Warren Groth, a representative of the Town of Franklin DPW, appeared before the Commission on a project for stormwater system repairs and improvements. Mr. Groth stated that there was a long stretch of road with no drainage infrastructure and an existing culvert crossing the road with a headwall which was falling into a drainage swale with wetlands approximately 100 ft. away.
This proposed project is for the installation of a couple of deep sump catch basins with some other drainage improvements as well.
Mr. Alfieri informed the applicant of 1 item to be addressed in this Notice of Intent filing.
There was a motion to waive the Town Wetland Protection Bylaw fees. The motion was seconded and accepted with a vote of 7-0-0.
A Commission member questioned whether it is still a good drop from the pipe to the swale. What size stones will prevent it from undercutting the headwall again? There will be 75 lb. stone used by the DPW. Another question to the applicant was what is the type of tree that will be preserved and why? It is the only significant large tree in the area; but Mr. Groth is not certain of the species.
In the resource impact summary, it is mentioned restoring the wooded area to be loamed or seeded.
A Commission inquired as to what will be done for restoration? Mr. Groth informed the Commission that it will be what the leftover budget will allow; but probably loamed and seeded.
There was a motion to continue the hearing until December 4th 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, November 16th at 11:30 a.m.
Continued - Public Hearing – Notice of Intent – 301 Union Street – Union Square Landings CE159-972
Mr. Tim O’Connor, a representative of the Landings Real Estate Group, and Mr. Mark Bonenfant, a representative of PMP Associates, both appeared before the Commission for landscape maintenance along existing parking areas. Mr. Bonenfant submitted revised plans for the proposed work at the site.
Mr. Alfieri informed the Commission members that he has just received the plans in the Conservation Office earlier today and has not had an opportunity to review them and will reserve any comments for a later time.
A Commission member asked the applicant as to how the work on the site has changed with these new plans. The applicant’s response was that the area of pavement that was to be removed will be replaced with a grassed area and will slow any runoff from the parking lot. There are notes on the plan regarding how the pavement area will be restored with loam and seeding. There will be removal of debris from the wetland; i.e., this removal will be done by hand and there will be no machinery allowed in the buffer zone. The construction sequence and schedule have also been provided on the plan.
The Commission Chairman stated that while on the site walk, he observed a truck parked in the area where the pavement has been removed and requested that a fence be erected in that location to the pavement and the wetland, the extent of the work should be to remove emergent debris. The applicant stated that there is no intent to prune or cut trees in this area. He also requested that the dumpster be moved further away from the wetlands.
The Commission Chairman requested that at the 100 ft. buffer line, there is a concrete footing for this fence directly in front of the drainage pipe, and requested that this be removed from the site.
It was also requested that the locus be added to the plan.
The special conditions discussed by the Commission with the applicant were a perpetual condition that the dumpster be located further than 50 ft. from the wetland. A fence or concrete stone be located directly in front of the area where pavement was removed to keep trucks from gaining access into that area. Removal of the fence at the drainage pipe. There should be no chemical de-icers used in this area on the western side of the parking lot.
There was a motion to close the hearing. The motion was seconded and accepted with a vote
of 7-0-0.
Continued - Public Hearing – Notice of Intent – Panther Way Drainage System – Town of Franklin - CE159-973
Mr. Warren Groth, a representative of the Town of Franklin DPW, appeared before the Commission on a project for the stormwater drainage system improvements. Mr. Groth stated that there is no drainage on Panther Way at the present time with the exception of the drainage that will be done in the Eaton Place project.
Mr. Alfieri informed the applicant and the Commission that he has no further comments regarding this project.
A Commission member stated that he observed 2 dams on the site; the large one is in the Office of Dam Safety jurisdiction and is constructed of concrete. Both dams are in very good condition.
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 a copy of the Rules & Regulations package for review and comment. There was a brief discussion regarding any changes and revisions to be made to the package.
The Commission Chairman disbanded the subcommittee for the Rules & Regulations.
Mr. Alfieri informed the Commission that he will make the necessary changes and will forward the Commission the final copy.
There was a motion to accept the Rules & Regulations with the added material update effective November 13, 2008. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to close the public hearing. 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
Mr. Alan Micale, Engineer of Ayoub Engineering, appeared before the Commission for minor modifications to existing building and site. Mr. Micale informed the Commission that he is seeking an Amendment to the Orders of Conditions for the site. He filed a request to Amend the Orders of Conditions in August, 2006 to amend the approval to do some remodeling inside the building. The applicant was told in January 2007 to come back after the Planning Board has approved the application.
The Orders of Conditions, which were issued on September 23, 2004, have since expired and he is seeking an Amendment to this.
Mr. Micale stated that he had received a letter from the Commission informing him that they would issue the Amendment once he received the Planning Board approval. He stated that he sought the Amendment while the Orders of Conditions were valid and requested that the Commission vote to approve the Amendment.
Mr. Alfieri informed the Commission that he has no comments on this issue but his concern is that in order to issue the Amended Orders of Conditions, the original date of the Orders of Conditions must be used. When we refer back to that date, the 3-year limit has already passed and it would show an expired Order of Conditions.
Mr. Alfieri recommended that the Commission could either extend the Orders of Conditions or close the hearing and vote on it.
There was a motion to close the hearing. The motion was seconded and accepted with a vote
of 4-0-0.
There was a motion to issue an Extension to the Orders of Conditions. 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 the Amended Orders of Conditions. The motion was seconded and accepted with a vote of 4-0-3; 4 Yes, 0 No, 3 Abstentions.
Continued - Public Hearing – Notice of Intent – 15 Vine Street – Minihane – CE159-971
Mr. Steve Donatelli, Engineer of Shea Engineering, and Mr. James Minihane, the applicant, both appeared before the Commission for the construction of an addition to existing single-family house, garage and driveway. Mr. Donatelli informed the Commission that since the last meeting, he met with the ZBA for the purpose of proposing to relocate the garage to a location less than 40 ft. from the sideline, which is a minimum setback for the side lot line. This would be in an attempt to locate the garage in a location entirely outside the 50 ft. buffer zone.
The ZBA’s opinion was that the minimum setback of 40 ft. should be maintained as the abutting strip could be used as a future roadway. The proposed construction within the 50 ft. buffer zone would be entirely located within the previously disturbed area.
Mr. Donatelli stated that there is restoration work within the riverfront area proposed on this plan. A Commission member stated that an alternatives analysis is required for the work proposed in the riverfront area is required to show alternatives on the lot to depict less impact to the riverfront area. This Commission member requested that the proposed addition be constructed on the opposite side of the house to avoid more riverfront area impact and less buffer zone impact as well. The burden of proof is on the applicant to show how the resource area would be impacted.
Mr. Donatelli stated that constructing the addition on the opposite side of the house is not an option. The applicant considers it more important to supervise their children playing than constructing the addition on the opposite side of the house. The applicant has agreed to decrease the size of the house to a one-car garage and thereby pulling it back to the 50 ft. no-disturb zone
The work would still be located in the riverfront area and the applicant should be prepared to submit a full alternatives analysis and appear at the next meeting.
There was a motion to continue the hearing until December 4th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Lot 1, 1084 Pond Street – Schultz – CE159-976
The Commission Chairman stated that a letter dated November 10th has been received from the applicant’s representative requesting a continuance of the public hearing until December 4th.
There was a motion to continue the hearing until December 4th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz
The Commission Chairman stated that a letter dated November 10th has been received from the applicant’s representative requesting a continuance of the public hearing until December 4th.
There was a motion to continue the hearing until December 4th. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Certificate of Compliance: 6 Lena Circle – SE159-294
Mr. Alfieri informed the Commission that this Certificate of Compliance would be for the roadway. There was a discussion among the Commission members regarding the issuance of this Certificate.
There was a motion to issue a Certificate of Compliance for the roadway. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: 6 Lena Circle (Lot 5) - SE159-474
Mr. Alfieri informed the Commission that this site is in substantial compliance.
There was a discussion among the Commission members regarding the issuance of this Certificate.
There was a motion to issue a Certificate of Compliance for this site. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: Oak Street (Lot 11) - SE159-146
Mr. Alfieri informed the Commission that this site is in substantial compliance.
There was a discussion among the Commission members regarding the issuance of this Certificate.
There was a motion to issue a Certificate of Compliance for this site. The motion was seconded and accepted with a vote of 7-0-0.
Extension Permit: 4 Bell Circle (Lot 2) - SE159-869
Mr. Alfieri informed the Commission that he has inspected the site and it is in compliance with the exception of a small area of grass. The applicant has requested a one-year extension to the Orders of Conditions.
There was a motion to issue an Extension Permit for one year for 4 Bell Circle. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: Burger King – 536 West Central Street
Mr. Jim Taylor, a representative for the Burger King Restaurant, appeared before the Commission for work on remodeling of the building. Some of this proposed work includes replacing a portion of the parking lot. The largest portion of this work will take place in front of the dumpster, an area of approximately 480 sq. ft. and replace it with concrete. There are also some areas in the existing sidewalk on the front of the building which need to be replaced as well for an additional 200 sq. ft.
The asphalt in front of the dumpster will be replaced with a concrete pad. All of the debris from the work will be removed from the site.
Mr. Alfieri informed the Commission members that the sidewalk area is out of Conservation jurisdiction. He also stated that there is a small wetlands located approximately 75 ft. from the dumpster location.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Signed Certificates of Compliance, Determination of Applicability & Extension Permit
Certificate of Compliance – 6 Lena Circle – Calabrese – SE159-294
Certificate of Compliance – 6 Lena Circle (Lot 5) – Calabrese – SE159-474
Determination of Applicability (Negative) – Burger King – 536 W. Central Street
Certificate of Compliance – Oak Street (Lot 11) - SE159-146
Extension Permit – 4 Bell Circle (Lot 2) – Mendes – SE159-869
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 10:10 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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