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Conservation Commission Minutes - 02/12/09






        
            Minutes of Meeting
February 12, 2009


To:  Town Clerk
cc:   CRWA
      Members
      File


Present:  C. Botchis, J. Fournier, A. Tolland, R. Willis, P. Boncek, P. Murphy, M. Allen,                          Associate Member, N. Alfieri, Conservation Agent

Absent:  J. Senterman


There was a motion to accept the minutes of the January 29th meeting with a few changes.  The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.

There was a motion to accept the minutes of the January 26th meeting.  The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.

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


Public Hearing – Abbreviated Notice of Resource Area Delineation – 27 Forge Parkway - CE159-980
Ms. Cynthia O’Connell, Landscape Architect of Beals Associates, and Mr. Bento Castro, General Contractor for Thermo Fisher Scientific, both appeared before the Commission for resource area delineation at the site.  

Ms. O’Connell stated that the site has a detention basin that connects to the wetland system which runs down to Rt. 140.  There is a second detention basin on the site as well.

The existing building on the site is surrounded by wetland resource area and there is a necessity to determine where the wetland line boundary exists and whether extension of the boundary is possible and, if so, by how much.

Ms. O’Connell stated that she has flagged the boundary herself in Fall 2008 and there is existing lawn associated with a detention basin and on the second detention pond, there is an existing intermittent stream and BVW associated with it.

Ms. O’Connell requested that the Commission conduct a site walk of the property; she requested that the Commission look at the wetland line and either agree or disagree with the placement of the wetland flags which are still remaining on the site.

The Commission will conduct a site walk of the property on Sunday, February 22nd at 10:00 a.m.

There was a motion to continue the hearing until February 26th.  The motion was seconded and accepted with a vote of 6-0-0.


Public Hearing – Abbreviated Notice of Intent – 33 Anthony Road – Weber – CE159-
Mr. William Weber, the applicant, appeared before the Commission for landscape work and installation of fence at his property.  Mr. Weber informed the Commission that he had the rear wetland boundary of his property delineated and drew up with a plan.  He is proposing to plant some shrubs and groundcover in order to eliminate some of the erosion on the rear slope in his yard.

Mr. Weber stated the plan depicts the replacement of the maple trees with some blueberry shrubs at the rear edge of the corner of his property.  This is within the boundary of the buffer zone.  

Mr. Weber stated that there is another maple tree on his property, which is dying, that he would like to cut down and also place a stockade fence along the property line of 31/33 Anthony Road.  Mr. Weber informed the Commission that he would like to perform this work in the Spring 2009.

Mr. Weber presented the Commission with photographs of his property and the work he is proposing to be conducted.  The fence will be constructed approximately 90 ft. from the rear of the lot.

Mr. Alfieri informed the applicant of 2 items to be addressed in this Abbreviated Notice of Intent filing.

A Commission member questioned the applicant if he would be willing to plant another type of shrub other than blueberry.  Another Commission member advised Mr. Weber as to suggestions on what type of shrubs would grow and survive well on this site.  

There was a motion to continue the hearing until February 26th so that the Commission may have an opportunity to conduct a site walk.  The motion was seconded and accepted with a vote of
6-0-0.  The Commission will walk the site on Sunday, February 22nd at 9:30 a.m.





Public Hearing – Notice of Intent – 678 Pleasant Street – Grady - CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. Thomas Grady, the applicants, all appeared before the Commission to raze an existing barn and construction of single-family house.  

Mr. Nielsen informed the Commission that there are 2 lots on this site; one for the old farm house on the corner of Green Street & Pleasant Streets, another is a second house which is fronted on Green Street.  

There are two resource areas on the site; one is the wetland buffer zone and a riverfront area as well.  The riverfront area has been flagged by a wetland scientist.

There is activity proposed within the inner riparian zone on the site and they would like to raze the existing barn as it is in danger of collapsing.  The applicant would like to construct a small house in the location of the existing barn and provide a septic system in order to gain access from Green Street.  

Mr. Nielsen stated that they are proposing to place bounds at the 25 ft. no disturb line adjacent to the river to depict that no plantings can be done in that location and the area must be left undisturbed.  There will be mitigation proposed about 4,000 sq. ft. in the inner riparian zone.

Mr. Alfieri informed the applicant of 4 items to be addressed in this Notice of Intent filing.

A Commission member questioned when the lots were recorded and the site is therefore a subdivision.  The alternatives analysis must be revised accordingly.  

A Commission member asked Mr. Nielsen if the house could be moved forward towards the street on the site in order to move it further back from the riverfront area.  Mr. Nielsen stated that he will check to see if it would conform with the setback requirements from the lot line.  It was suggested that Mr. Nielsen appear before the ZBA to seek relief from the setback requirements.

Another Commission member questioned if the septic system could be located on the opposite side of the house in order to get the disturbance further away from the riverfront area.  Mr. Nielsen stated that he will speak to Mr. Alfieri to see what is involved in proceeding with this as it would be an alternative.

Mr. Nielsen will revise the plans to address the various alternatives and options for this site.

There was a motion to continue the hearing until February 26th.  The motion was seconded and accepted with a vote of 6-0-0.


Continued – Public Hearing – Notice of Intent – Wachusett St. Roadway – Town of Franklin – CE159-979   
Mr. William Yadisernia, Town Engineer, appeared before the Commission for roadway reconstruction work on Wachusett Street.  Mr. Yadisernia stated that they have provided the green abutter notification cards to the Conservation Department since the last meeting.  

A site walk has been conducted by the Commission.  There is approximately 400 ft. on the site  which falls under Conservation jurisdiction, i.e., inner and outer riparian zone to an adjacent brook.

The work improvements will be to the storm drain system and there will be installation of deep sump catch basins with stone at the discharge point to the brook.  No sediment basins will be installed as the land is not owned by the Town of Franklin.

A Commission member questioned Mr. Yadisernia as to the flow of the water and will it pick up any velocity that the placement of stones would reduce.  Mr. Yadisernia stated that it is a very slow moving brook and stones might not improve the situation and could make it worse.  The second question was that is there any sort of operating and maintenance plan provided for this work.  Mr. Yadisernia stated that there will be regularly scheduled sweeping of the street by DPW personnel and all of the catch basins will be cleaned out during this work.

Mr. Yadisernia stated that a formal request by the Commission in writing requiring an annual maintenance plan would assist in getting this performed.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.


Continued – Public Hearing – Notice of Intent – Populatic Street Roadway – Town of Franklin – CE159-975   
Mr. William Yadisernia, Town Engineer, appeared before the Commission for roadway improvements and installation of stormwater drainage system on Populatic Street.  Mr. Yadisernia submitted some documents regarding this project that the Commission had requested at the last Conservation meeting.

Mr. Yadisernia informed the Commission that this work has been an improvement to the site by straightening out the ‘S’ at the Populatic Street curve and making it a much straighter and safer road.  He also stated that a stormwater discharge is not allowed within 400 ft. of a Town well and Well #8 is located in that location.  One of the Commission members had commented on the fact that this will improve the stormwater runoff from the site.

A vernal pool sign depicting it as such and placed at the vernal pool will be put up after the completion of this project.

Mr. Yadisernia stated that the replication area has too much shrub planting in that area.  There are some red maples planted in the wetland area for replication purposes.  Mr. Yadisernia asked the Commission as to what type of planting would be best to plant in the upland areas.  One of the Commission members gave him recommendations of some plantings that would have optimal growth in these areas.

The Commission discussed with Mr. Yadisernia some Special Conditions for the project.  One condition was that some percentage of the plantings shall survive after 2 years.  Another special condition discussed was that if the applicant was to need to make changes to the plantings, he would appear before the Commission as a minor modification to the Orders of Conditions.  Another condition would be that, at some point, haybales will have to be removed from the site and Mr. Alfieri requested that the applicant request a Certificate of Compliance when the work has been completed in order to make sure that the haybales get removed and the site is in compliance.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 6-0-0.


GENERAL BUSINESS

Discussion:  7 Old Forge Hill Road – Paul Compton
        Mr. Paul Compton, owner of the property, appeared before the Commission for a   discussion regarding this site.  Mr. Compton submitted plans depicting the site and is  comprised of a 100-year-old building and was advised by the Building Commissioner to    tear it down and construct a new building in its place at the recommendation of the     Zoning Board of Appeals.  The new building is a 4,000 sq. ft. building, which is 10 ft. off     the sideline and 3 ft. off the adjacent neighboring driveway.

       Mr. Compton stated that he had moved the building out of the 100 ft. riparian zone into         the 200 ft. riparian zone and put the parking in the location where the building was    previously located.  This would improve the drainage on the site.  The building is      proposed to be  built on the same spot or it could be moved with the parking lot put    on the righthand side.

        Mr. Compton stated that he is seeking the Commission’ opinion on whether to go with     this plan or go back to the original plan with the parking on the other side of the building.

The Commission asked what is presently on the site.  Mr. Compton stated that there is no building on the site at the present time; it has been taken down.  Mr. Compton wants to put a new building there but was advised by the Building Commissioner to move it over farther away from the river.

        The Commission members expressed concerns over the new pavement and the increase        in impervious surface.  The work already performed on the site was done in close        proximity to the riverfront area.

Mr. Alfieri stated that the building was a pre-existing building and the building should be located in the same position as where the previous building was located.  The parking should be located on the leftside of this site so that it would be located in the outer riparian zone.  Parking should not be placed in the inner riparian zone.

Mr. Compton is seeking the Commission’s recommendations as to how to proceed with this project and the moving of the building.  The Commission recommended that Mr. Compton discuss these issues with his engineers to determine how best to proceed with

this site.  The building can be constructed in the same footprint as it was previously.  If Mr. Compton wants to put the building in a different location, then he will be required to conform to the Rivers Protection Act.  The Act only allows for 5,000 sq. ft. of pavement or 10%.

Mr. Compton asked what side should be building on, left or right.  A Commission member informed him that anything proposed or expanded upon would have to be located as far away from the river as possible.

Mr. Compton stated that he will leave the building where it is and put the parking to the left side of the site.

The Commission stated that Mr. Compton will be required to file a Notice of Intent for the work that he has done and any future work that he would like to do on this site.

Discussion:  DelCarte Dam Study
The Commission member who has been coordinating the work between the Commission and Pare Corporation informed the Commission that he has been incorporating and coordinating the comments he has been receiving from the Commission members regarding this project.  The next step in this project is for one of the Commissioners and himself will schedule a date when they will meet with Jeff Nutting for a discussion.  Any other comments would be welcomed and he invited the Commission to Email any additional comments to him for consideration.


There was a motion to adjourn.  The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 9:30 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary