Minutes of Meeting
January 8, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, A. Tolland, P. Boncek, J. Senterman, R. Willis, P. Murphy,
M. Allen, Associate Member, N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the December 18th meeting with a few corrections. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Discussion: 10 Populatic Street – Gary Mosca
Mr. Gary Mosca, homeowner of 10 Populatic Street, appeared before the Commission to seek approval for Town sewer installation at his home. Mr. Alfieri informed the Commission that Mr. Mosca currently has a cesspool with a stub at the end of his driveway for sewer hookup.
Mr. Mosca is seeking approval from the Commission for this hookup to Town sewer, which is required to sell his home under the Title V requirements.
Mr. Mosca submitted a plan to the Commission and the house is scheduled to be sold in February and needs to get this done before the upcoming sale.
Mr. Mosca is requesting the Commission’s approval to have this approved with the filing of a Request for Determination so that the work could be approved and performed before the closing date for his house in early February. There has been a Certificate of Compliance issued for an addition to the house.
The Commission’s consensus was that Mr. Mosca may submit a Request for Determination rather than a Notice of Intent for this proposed work. Mr. Mosca will submit the RFD application to be heard at the January 29, 2009 meeting.
Continued - Public Hearing – Notice of Intent – Lot 1, 1084 Pond St. - Schultz - CE159-976
Mr. Garrett Tunison, Principal of Tunison Smith, and Ms. Kathy Schultz, the applicant, both appeared before the Commission for the construction of a single-family house. Mr. Tunison presented revised plans to the Commission with the 25, 50 and 100 ft. buffer zone depicted on the plans that were flagged on the site. There is a proposed 50’x40’ single-family house with a driveway on the site.
The area has been reduced as much as possible. The amount of disturbance to the BVW have been reduced from 2,173 sq. ft. to 716 sq. ft. The total impervious area impact has been reduced to 2,820 sq. ft. The area will be infiltrated with a French drain to the largest extent possible.
Mr. Tunison stated that the invasive plant species will be eradicated to the largest extent possible. Wetland replication is proposed for the site and the area has been increased to 3.1. The entire area outside of the building footprint will be placed under Conservation jurisdiction to keep it in an undisturbed state.
The erosion control will be monitored on a regular basis and consist of double-staked haybales and silt fence as well. A stone crushed entrance will be placed at the access to the site. The stockpile area will be located as far from the wetland area as possible.
The plants chosen for replication will be highbush blueberry, silky dogwood and red maple, which were found adjacent to the proposed wetland replication area.
Mr. Alfieri informed the applicant of 7 items to be addressed in this Notice of Intent filing.
A Commission member questioned Ms. Schultz if she has considered the proposal of constructing a smaller house on the site. Ms. Schultz informed the Commission that this a fairly small footprint already. It was questioned by a Commission member if another configuration has been considered for the wetlands replication area as the proposed one extends the buffer zone onto an adjacent property and it creates an additional hardship for that homeowner.
A Commission member questioned if another mitigation area is proposed for the site. Mr. Tunison stated that this would present a huge additional cost for the applicant.
A Commission member questioned as to what is the nature of the prior predisturbance of this lot. Mr. Tunison stated that approximately 20 years ago, there was some dumping of debris on the site.
Another Commission member questioned the placement of the wetland delineation flags as to their location. There are three wetland delineation forms; two of the flags are on the parcel but nowhere near the construction and the other flag is on Lot 2.
Another Commission member stated that this requires a variance and also an alternatives analysis and the alternatives analysis submitted does not depict the appropriate language required by the Rivers Protection Act.
Another Commission member questioned as to what is the chemical to be used in the eradication of the invasive species. Mr. Tunison stated that it will be rodeo and will not remain in the ground. He will be present on the site when it is applied. It was requested that the house be staked out on the ground prior to the Commission’s site walk.
Another Commission member questioned if the functions and characteristics requirements will be met in this project. Every alternative needs to be met and the impacts to the resource area need to be minimized. The size of the house is of great concern to the Commission members.
A Commission member stated that considering the level of complexity and issues with this site, he would like to have an independent consultant review this project. He also stated that it is not the optimum time of year to be conducting site walks due to the snow coverage and lack of vegetation on the site.
Ms. Gail Lembo, an abutter of 1221 Pond Street, raised concerns with this project as to the existing wetlands on the site.
Ms. Elizabeth Valero, an abutter of 1082 Pond Street, raised concerns regarding the wet nature of the site and the existing flooding conditions on her property.
Ms. Lynne Mayard, an abutter of 1080 Pond Street, raised concerns regarding the potential flooding to her basement due to this proposed construction.
Mr. Vern Valero, an abutter of 1082 Pond Street, raised additional concerns regarding this proposed work causing additional cost burdens on his property because of the increase in the 100 ft. resource area that would result from this project on his parcel.
The Commission members came to the consensus that they should conduct the site walk when the weather and ground conditions improve.
The Commission informed the applicant that she will be required to bear the responsibility for the cost for a third-party review.
There was a motion to initiate third-party review to review the wetland line and review the project for consistency with the Wetlands Protection Act and the Bylaw for Lots 1&2 Pond Street. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to continue the hearing on Lot 1 Pond Street until January 29th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2, 1086 Pond St. - Schultz
Mr. Garrett Tunison, Principal of Tunison Smith, and Ms. Kathy Schultz, the applicant, both appeared before the Commission for the construction of a single-family house. Mr. Tunison presented revised plans to the Commission with the 25, 50 and 100 ft. buffer zone as well as the riverfront area depicted on the plans that were flagged on the site. The site is adjacent to Mine Brook, which is a perennial stream. There is a 40’x50’ft. single-family house proposed for the site. There will be French drains proposed to collect the runoff from the house.
There are proposed silt fence and double-staked haybales proposed for erosion control on the site.
Mr. Tunison stated that the resource area is 70,924 sq. ft. in size with 69,619 sq. ft. of riverfront area on the site as well. There will be an invasive species management program in the 25 ft. buffer zone as well as the 25-50 sq. ft. buffer zone for mitigation purposes. There will be a permanent Conservation restriction placed on this area.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.
A Commission member stated that the river on the site is not Mine Brook; it is an unnamed stream which runs into Mine Brook. The burden of proof is that there is no adverse impact on the functions and characteristics of the wetland.
Mr. Gary Schneider, an abutter of 1090 Pond Street, questioned the French drain system and the impervious area. He questioned as to what will that be for Lot 2 Pond Street. Mr. Schneider also stated that the stream on the site and the water has come dangerously close to his house. The water backs up and any additional runoff from this site puts his property at risk. He would like to review the calculations used in determining the runoff from the impervious area.
A Commission member stated that considering the level of complexity and issues with this site, he would like to have an independent consultant review this project. He also stated that this is not the optimum time of year to be conducting site walks due to the snow coverage and lack of vegetation on the site.
There was a motion to continue the hearing on Lot 2 Pond Street until January 29th. The motion was seconded and accepted with a vote of 7-0-0.
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 January 6th 2009 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 7-0-0.
GENERAL BUSINESS
Certificate of Compliance: Brandywine Road – Marinella - SE159-867
Mr. Alfieri informed the Commission that he is recommending the issuance of this Certificate of Compliance. The site is in compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance for the Brandywine Subdivision. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: Lot 4 Lantern Road (Lot 55) – Franklin Oaks –
SE159-634
Mr. Alfieri informed the Commission that he is recommending the issuance of this Certificate of Compliance. The site is in compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance for Lot 4 Lantern Road. The motion was seconded and accepted with a vote of 7-0-0.
Permit Decision: 416 Maple Street – Spears - CE159-978
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. The motion was seconded and withdrawn. There was a motion to find that the project at 416 Maple Street meets the requirements for a variance under our regulations by showing that the proposed work or its natural and consequential impacts and effects will not have any adverse effect upon the interests protected in Chapter 81 of the Town Bylaw. The motion was seconded and accepted with a vote of 5-1-1; 5 Yes, 1 No, 1 Abstention.
There was a motion to issue State and Local Orders of Conditions. The motion was seconded and accepted with a vote of 5-1-1; 5 Yes, 1 No, 1 Abstention.
Extension Permit: Franklin Heights – Intoccia - SE159-911
There was a discussion among the Commission members regarding the issuance of an Extension Permit to the Orders of Conditions for the Franklin Heights Subdivision.
There was a motion to issue a one-year extension under the Town Bylaw. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a three-year extension under the State Act for Franklin Heights. The motion was seconded and accepted with a vote of 7-0-0.
Extension Permit: Franklin Heights – Intoccia - SE159-912
There was a discussion among the Commission members regarding the issuance of a three-year Extension Permit to the Orders of Conditions for the 40B project for Franklin Heights, which is located between Lincoln and Daniels Streets. There was no local permit issued since it was a 40B project.
There was a motion to issue a three-year Extension to the Orders of Conditions for the 40B project. The motion was seconded and accepted with a vote of 7-0-0.
Discussion: 834-842 West Central Street – Guerriere & Halnon
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Stephen O’Neill, representing Mr. John Padula, the property owner, both appeared for a discussion on the above-mentioned site. This site contains 2 brick two-story apartment buildings. Mr. Padula seeks approval to raze one building and convert the other one to a small office building. The site is adjacent to Mine Brook. There will be redevelopment components to this proposed project.
The site consists of existing disturbed area within the buffer zone along Mine Brook and the riverfront area as well. They would like to seek comments from the Commission regarding this site and requested that the Commission conduct a site walk of the property as well.
Mr. Nielsen stated that the site is totally within the 200 ft. riverfront area and within the 100 ft. buffer zone with the existing buildings and parking lot. The site has been in existence for approximately 100 years and the applicant would be seeking approval to improve the site.
Mr. Nielsen requested that the Commission conduct a site visit of the property and give him and the applicant their input on what could be done on the site at the next meeting.
Mr. Alfieri informed the Commission that he has visited the site with Mr. Nielsen and the property owner and stated that the area where the work would take place is previously disturbed area.
A Commission member stated that the parking on the site should be limited due to its close proximity to the river at the rear of the site.
Another Commission member expressed concern regarding the extent of the impervious surface towards Mine Brook and the parking should be limited beyond the area of existing pavement.
Mr. Nielsen stated that the applicant must appear before the Zoning Board of Appeals to seek additional parking for the site.
The Commission will walk the site as soon as the weather conditions will allow them to view what is existing on the ground.
Mr. Nielsen and the applicant will appear back before the Commission at the next meeting on January 29th to seek their opinions on the site.
Discussion: DelCarte Dam Study
The Commission members had a discussion regarding the DelCarte Dams on Pleasant Street.
The removal of which dams should be removed was discussed.
A Commission member stated that Dam#3 meets the classification that it should be registered with the State and the Commission should fill out the applications to register this dam. Dam
#5 may be jurisdictional. The question arose that if the Commission does not register these dams, does it propose any liability to the Town of Franklin and Mr. Alfieri should consult with the Town Attorney, Mark Cerel, regarding this matter.
Mr. Alfieri was informed by Mr. Cerel that there may be money available from the hotel tax funds to get this accomplished. Should Pare do the presentation was a question raised by a Commissioner?
A Commission member stated that Pare should be the main presenter of this project to the Town Council along with the Commission members to address the benefits and concerns of this project.
The Commission needs to figure out which is the right way to proceed and how to get Pare to put some material together and present it to the Town Council. The Commission needs to get direction from Pare and determine what would be the cost to fix these dams. The Town Council needs to give the Commission direction on how to proceed with Phase II and get an estimate of the cost with an RFP or funding position from them.
The Commission members need to come to a consensus on what they would like to do before they appear before the Town Council and present their opinion as a whole Commission.
Funding is needed from the Town to proceed with the above-mentioned work.
A meeting with Mr. Nutting was suggested with a couple of Commission members to talk to him about how to proceed with the work on the dams and the costs and expenses this would incur.
There are three options: Do nothing, partial dam removal or full dam removal.
The Commission should consider the impacts of these three options and outline the options to Mr. Nutting.
A Commission member stated that he will put together an outline or track of where the Commission is headed with footnotes stating what has to be done and which way the Commission is leaning and whether to propose to renovate Dams 3&5 vs. the multidam removal with partial restoration. He will present it to the Commission at the next meeting.
Signed Certificates of Compliance, Extension Permits & Orders of Conditions
Certificate of Compliance – Brandywine Road – Marinella – SE159-867
Extension Permit – Franklin Heights – Intoccia – SE159-911
Extension Permit – Franklin Heights – Intoccia – SE159-912
Orders of Conditions – 416 Maple Street – Spears – CE159-978
Certificate of Compliance – 4 Lantern Road (Lot 55) – Franklin Oaks - SE159-634
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 10:05 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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