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Conservation Commission Minutes - 01/29/09







        
            Minutes of Meeting
January 29, 2009


To:  Town Clerk
cc:   CRWA
      Members
      File


Present:  J. Senterman, Chairman Pro Tem, A. Tolland, R. Willis, P. Boncek, P. Murphy,
   M. Allen, Associate Member, N. Alfieri, Conservation Agent

Absent:  C. Botchis, J. Fournier


There was a motion to accept the minutes of the January 8th meeting with several changes.  The motion was seconded and accepted with a vote of 5-0-0.

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

Mr. Alfieri informed the Commission members that the residents of 4 Dover Circle are having problems with their electric service malfunctioning and have requested authorization from the Commission for an emergency repair with an after-the-fact permit application to follow.

There was a motion to certify this work as an emergency.  The motion was seconded and accepted with a vote of 5-0-0.

The Commission members stated that the homeowner of 4 Dover Circle must file a Request for Determination for this work.

Mr. Alfieri informed the Commission members that the Town Engineer, Mr. Yadisernia, has requested a minor modification to the Orders of Conditions for the Lincoln Street project.  The
modification would be for the addition of approximately 225 linear feet of guardrail along Lincoln Street and 40 linear feet of chain link fence to be constructed along the headwall because of the severity of the slope on the site.  

There was a motion to approve the minor change to the plans for the Lincoln Street project.  The motion was seconded and accepted with a vote of 5-0-0.

Mr. Alfieri informed the Commission members that the homeowners of 74 Elm Street have not yet paid the fine in the amount of $75 that was issued by the Commission.  They have not yet filed for a Minor Buffer Zone Activity permit as was required in the Enforcement Order.

There was a motion to have the Franklin Police deliver the Enforcement Order and fine to the homeowners of 74 Elm Street and have Mr. Alfieri notify the State Department of Environmental Protection.  The motion was seconded and accepted with a vote of 5-0-0.


Public Hearing – Notice of Intent – Wachusett Street Roadway – Town of Franklin – CE159-979
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for roadway reconstruction work.

The Chairman stated that the public hearing cannot be opened as the applicant did not have the green abutter notification cards to submit to the file.

The Commission scheduled a site walk for Sunday, February 1st at 10 a.m.  

There was a motion to continue the hearing until February 12th.  The motion was seconded and accepted with a vote of 5-0-0.


Public Hearing – Request for Determination – 10 Populatic Street – Mosca
Mr. Gary Mosca, the applicant, appeared before the Commission for Town sewer installation at his home.  Mr. Mosca submitted revised plans for the Commission’s review and informed the Commission that all of the proposed work will take place within the existing driveway.  

Mr. Alfieri informed the applicant of 2 items to be addressed in this Request for Determination application.

There was a motion to issue a Negative Determination under both the State and Local Acts subject to 2 Special Conditions cited in the Agent’s Report.  The motion was seconded and accepted with a vote of 5-0-0.


Continued – Public Hearing – Notice of Intent – Lot 1, 1084 Pond Street – Schultz – CE159-976
The Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until February 26th.  There was a


motion to continue the hearing until February 26th.  The motion was seconded and accepted with a vote of 5-0-0.


Continued – Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz – CE159-977   
The Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until February 26th.  There was a motion to continue the hearing until February 26th.  The motion was seconded and accepted with a vote of 5-0-0.


Continued – Public Hearing – Notice of Intent – Populatic Street Roadway – Town of Franklin – CE159-975   
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for roadway improvements and installation of stormwater drainage system.  Mr. Yadisernia submitted a replication plan for submittal to the file and for the Commission’s review.  

Mr. Yadisernia stated that this is the last phase of the Populatic Street project that the DPW has been undertaking and there is one existing Town well and a proposed well on the site.  A portion of the project is to get the stormwater discharge outside of Zone 1 of the existing well and the future well.

The issue at the last meeting was the amount of wetland filling and the amount of wetland replication which would be required and also the wetland replication plantings.  The wetland filling has been reduced by 1,500 sq. ft.  The wetland replication has been increased as well.

Mr. Yadisernia informed the Commission members that he has no objections to the Commission continuing the public hearing again so that they have sufficient time to review the wetland replication document that he has submitted at tonight’s public hearing.   Creating a vernal pool is a part of the wetland replication as well.  The Commission requested that a sign be erected at the vernal pool so that residents will know that there is a vernal pool located there and that it should be protected.

Mr. Yadisernia informed the Commission members that there is a temporary wetland alteration area of 1,280 sq. ft. on the site which is temporary for the stormdrain pipe and has been in existence on the site under the original Orders of Conditions.

Mr. Alfieri informed the applicant that he does not yet have any comments on the replication plan as he just received it in the office earlier today but will review it and provide his comments at the next public hearing.

A Commission member asked Mr. Yadisernia which vernal pool was replication area #1 and which was #2 as it was not clearly indicated on the plan.  This Commission member requested that Mr. Yadisernia have Ms. Zambrowski review the functions and characteristics analysis to determine if it is to improve the drinking water quality and comment on this matter as having no adverse impact.

Mr. Yadisernia requested that the Commission review the replication plan document and provide him with their comments.

There was a motion to continue the public hearing until February 12th.  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 has been received from the applicant’s representative requesting a continuance of the public hearing until February 26th.  There was a motion to continue the hearing until February 26th.  The motion was seconded and accepted with a vote of 5-0-0.


GENERAL BUSINESS

        Certificate of Compliance:  468 Maple Street – Grillo – SE159-925
There was a discussion among the Commission members regarding the issuance of a Certificate of Compliance for this property.  Mr. Alfieri informed the Commission members that the site is in substantial compliance and recommended the Commission issue a Certificate of Compliance.

There was a motion to issue a State and Local Certificate of Compliance for 468 Maple Street.  The motion was seconded and accepted with a vote of 5-0-0.

Discussion:  834-842 West Central Street – Guerriere & Halnon
        Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Stephen O’Neill, the        applicant, both appeared before the Commission for a discussion for the above-mentioned         site.  Mr. Nielsen informed the Commission that he has made some changes to the plans   that were submitted at the last meeting.  The building has been moved up closer to West         Central Street and Mr. Nielsen was able to move all of the pavement forward.  The       crushed gravel and paving area will remain behind the 2 buildings.  There will be       approximately 2,100 square feet of alteration proposed on the site and 374 sq. ft. on the         adjacent property.  The soil conditions and vegetation cover were reviewed on the site  and the vegetation is very sparse.  These issues will be addressed along with the       riverfront area in the Notice of Intent that will be forthcoming.  Mr. Nielsen informed the     Commission that, in his opinion, the quality of both the inner and outer riparian zones to      the riverfront will be enhanced by this project.  The area to the rear of the site will be      revegetated.  There will be a bioretention cell installed with checkdams and wetland    plantings will be planted as well.

Some of the Commission members stated that they perceive this as a great improvement to the site compared to what is existing there now.

A Commission member asked if the 2 lots are located up to the riverfront and where will the flow of the stormwater drainage system go.  Mr. Nielsen stated that all of the drainage flows into the bioretention cell which has a catch basin.

Another Commission member asked where will the snow be deposited?  It will be   deposited near the street and in an area to the left rear corner of the site.  Mr. Nielsen      stated that the total impervious for the site will be approximately 50%.  
 
        The size of the building was discussed and could it be reduced?  The Commission         Chairman informed the applicant and the Commission that when the Notice of Intent is    submitted, an alternatives analysis will have to be filed.

The proposed plantings for the site were discussed as well.  The Commission requested that the applicant put in plantings that will survive in the wetlands and provide habitat as well.
        
Mr. Nielsen will file a Notice of Intent for the project for any proposed work on the site.

Discussion:  DelCarte Dam Study
The Commission members had a discussion regarding the DelCarte Dam site on Pleasant Street.  A Commission member informed the remainder of the Commission that he has prepared a summary of the DelCarte Dam Proposal prepared by Pare regarding the major findings.
There were 4 main paths that the Commission took under consideration.

This Commission member stated that he will forward this document to all of the Commission       members by Email tomorrow to review and provide commentary on it.  He will then put it into a   powerpoint presentation and have it for the next Commission meeting.

Discussion:  Definition of Disturbed Area
The Commission members had a discussion regarding the definition of disturbed area vs.  non-disturbed area.  A Commission member distributed a draft definition of disturbed    areas for the review and comments by the Commission.    

Mr. Alfieri stated that he will consult with the Town Attorney to obtain his input      regarding this document and the issue of whether the burden of proof is on the applicant.

The Commission members were requested to submit their input on this document so that  of the comments may be put into the final draft and Mr. Alfieri will be given a final copy to submit to the Town Attorney for his input.


Signed Certificate of Compliance & Determination of Applicability
Certificate of Compliance – 468 Maple Street – Dennis Grillo - SE159-925
Determination of Applicability (Negative) - 10 Populatic Street - Mosca

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:10 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary