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Conservation Commission Minutes - 12/18/08






        
            Minutes of Meeting
December 18, 2008


To:  Town Clerk
cc:   CRWA
      Members
      File


Present:  J. Fournier, A. Tolland, J. Senterman, R. Willis, P. Murphy, N. Alfieri, Conservation
              Agent

Absent:  C. Botchis, P. Boncek, M. Allen, Associate Member


There was a motion to accept the minutes of the December 4th meeting.  The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.

Mr. Alfieri informed the Commission that the homeowner of 74 Elm Street has failed to file with the Conservation Department even though he has been sent a letter and was contacted by telephone by Conservation Staff.  He came into the Conservation Department and was advised on how he should proceed with permitting.  Mr. Alfieri stated that he would talk to the Town Attorney to see if he could be fined for two offences instead of just one; one for the cutting of the trees without a permit and a second for not responding to filling out the proper paperwork.

There was a motion to issue an Enforcement Order and fine in an amount according to what the Town Attorney deems appropriate.  The motion was seconded and accepted with a vote of 5-0-0.


Continued - Public Hearing – Notice of Intent – 416 Maple Street – Spears – CE159-978
Mr. Donald Spears, the applicant, appeared before the Commission for the construction of an addition to existing single-family house.  Mr. Alfieri informed the Commission that the applicant has completed a variance request and provided it to the Conservation Department for review.

The applicant was requested to move the proposed swale completely onto the disturbed area in a location  right under the deck.  The existing shed must be removed.  The one Silver Maple tree will remain on the site and the work will be performed around it.  The plan looks to be in compliance in Mr. Alfieri’s opinion.

The Special Conditions which had been discussed with the applicant were that there shall be only organic herbicides or pesticides used on the site.  The Commission requires that the swale be moved under the deck and there shall be no cutting of any of the existing vegetation.  All of the alteration must take place in the previously disturbed area.  The existing shed will be removed from the plan.  Also, the roof drainage must be directed toward the street and stone must be placed under the addition.

A Commission member stated that, in his opinion, compared to the original plan this plan does not depict any new disturbance of any unaltered areas.  The addition and porch will be constructed on footings so there will be no recharge lost.  The existing vegetation line will be maintained with bounds depicting that the vegetation line cannot be moved any closer towards the wetlands.

Another Commission member stated that he feels that a grass swale could assist with recharge in this area.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.


Continued - Public Hearing – Notice of Intent – Populatic Street Roadway – Town of Franklin - CE159-975
The Commission Chairman opened the public hearing and stated that a letter has been received from the Town Engineer dated December 16th requesting a continuance of the public hearing until January 8, 2009.

There was a motion to continue the hearing until January 8, 2009.  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 opened the public hearing and stated that a letter has been received from the applicant’s representative dated December 18th requesting a continuance of the public hearing until January 29, 2009.

There was a motion to continue the hearing until January 29, 2009.  The motion was seconded and accepted with a vote of 5-0-0.








GENERAL BUSINESS

Certificate of Compliance (State):  Franklin Place Off Uncas Avenue – Walsh Brothers – SE159-813
Mr. Alfieri informed the Commission that this Certificate of Compliance would be under the State Wetlands Protection Act only.  The site contains an isolated wetland and a small spring.  The portion which falls under the Local Bylaw has not yet been done.

There was a motion to issue a Certificate of Compliance under the State Act for Franklin Place Senior Village.  The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.

        Certificate of Compliance:  22 Riverside Drive – O’Brien – CE159-955
Mr. Alfieri informed the Commission that this property has recently had a swimming pool installed and the site is in compliance with the original plan.

There was a motion to issue a Certificate of Compliance under the State and Local Bylaw.  The motion was seconded and accepted with a vote of 5-0-0.

        Certificate of Compliance:  11 Cherie Lane – Lafrance - CE159-952
Mr. Alfieri informed the Commission that this site is in substantial compliance for the construction of a garage.

There was a motion to issue a Certificate of Compliance under the State and Local Bylaw.  The motion was seconded and accepted with a vote of 5-0-0.
        
Permit Decision:  Easement on Lincoln Street – Town of Franklin - CE159-974
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this project.

There was a motion to issue State and Local Orders of Conditions with 2 Special Conditions.  The motion was seconded and accepted with a vote of 5-0-0.

Extension Permit (Local):  Off Uncas Avenue – Walsh Brothers - SE159-813
There was a discussion among the Commission members regarding the issuance of an Extension Permit to the Orders of Conditions under the Local Bylaw for this project.

There was a motion to issue a one-year extension under the Local Bylaw.  The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.







Signed Certificates of Compliance, Extension Permit & Orders of Conditions
Certificate of Compliance – Off Uncas Avenue – Walsh Brothers – SE159-813
Certificate of Compliance – 22 Riverside Drive – O’Brien – CE159-955
Extension Permit – Off Uncas Avenue – Walsh Brothers – SE159-813
Orders of Conditions – Easement on Lincoln Street - Town of Franklin – CE159-974
Certificate of Compliance – 11 Cherie Lane – Lafrance – CE159-952

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:20 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary