Minutes of Meeting
May 7, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Senterman, 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 nominate Jeff Senterman as Chair Pro Tem. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to accept the minutes of the April 2, 2009 meeting with one correction. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to review and accept the minutes of the April 23, 2009 meeting at the next regularly scheduled meeting. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: 12 Cherie Lane
Mr. Joe Chiapponi, the homeowner, appeared before the Commission for a discussion regarding the matter of disinfecting the above-ground swimming pool that was recently approved by the Commission with a Minor Buffer Zone Activity filing.
Mr. Chiapponi informed the Commission that he has consulted with the pool company that will be installing his pool regarding the special condition regarding using non-chlorinated chemicals in the pool. He has been advised by the pool company that when the pool is located in a shady area, it will not work and the algae will constantly be a problem. The pool will be located 50 ft. from the wetlands. Mr. Chiapponi requested that the Commission relieve him of this condition requiring the use of non-chlorinated chemicals in the pool.
A Commission member stated that she has an above-ground pool with a non-chlorinated system and it takes some time to learn how to use this system so that it will work.
There was a motion to reconsider the vote of the April 23rd meeting. The motion was not seconded and the motion failed.
A Commission member informed Mr. Chiapponi to try it for at least a year, keep notes and if it turns out to be problematic, come back to the Commission next year and present any evidence on the progress of the system and the Commission will reconsider his request.
Enforcement – 23 Miller Street
Mr. Alfieri recommended that the Commission members close out the Restoration Plan with the provision that if any of the plants die within the next year, that they get replanted.
There was a motion to close the Enforcement Order with the continuing condition that if any plantings die within the first year, that they will be replanted. The motion was seconded and accepted with a vote of 5-0-0.
Continued – Enforcement - 74 Elm Street – Deluca
Mr. Anthony Deluca, homeowner, appeared before the Commission on an Enforcement matter at his residence.
Mr. Alfieri informed the Commission members that he has drafted a revised Enforcement Order with the revisions which were requested by the Commission members. He requested that the Commission instruct him on how many trees and shrubs they would like to have planted on the site. The Enforcement Order would then be ready for the Conservation Commission’s members signatures.
There was a short discussion on how many trees and shrubs they would like to see planted. It was suggested that a 25 ft. no disturb zone along the stream with a couple or trees or shrubs planted for demarcation in perpetuity would be optimal.
Mr. Deluca was informed by the Commission that several shrubs consistent with the Town of Franklin’s Best Management Practices should be planted at the end of the 25 ft. riparian area and that there should be no disturbance within the 25 ft. riparian area.
Mr. Alfieri stated that he will make the required changes to this Enforcement Order and have the Commission members sign the document before it is sent to Mr. Deluca.
There was a motion to approve the Enforcement Order with the change in language in the last sentence. 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 opened the public hearing and stated that a letter dated May 7th, 2009
has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on May 21st, 2009.
There was a motion to continue the hearing until May 21st, 2009. 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 opened the public hearing and stated that a letter dated May 7th, 2009 has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on May 21st, 2009.
There was a motion to continue the hearing until May 21st, 2009. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to have Mr. Alfieri sign the DPW’s Vegetation Management Plan with comments from the Commission. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to approve the squirrel trapping in the Town Forest. The motion was seconded and accepted with a vote of 5-0-0.
Extension Permit: 847 West Central Street - SE159-922
There was a discussion among the Commission members regarding the issuance of an Extension Permit to the Orders of Conditions for this site. The applicant has requested a three-year Extension to the Local and State Orders of Conditions due to the poor economy. Mr. Alfieri is recommending a one–year extension and he suggested to the Commission that the applicant could come back in one year and the Commission could waive the fee.
There was a motion to issue a one-year Extension to the Orders of Conditions under the State and Local Acts. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 394 Washington Street
Mr. Alfieri informed the Commission that the applicant has requested the construction of a deck onto the house. The wetland is located on the left side of the house and the porch will be located on the right side of the property. The majority of the porch is located outside of Conservation jurisdiction.
There was a motion to issue a Negative Determination with 4 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 7 Maple Brook Lane
Mr. Alfieri stated that the applicant is proposing to remove the existing deck and stairs and construct a new larger 12’x7’ deck on 4 sono tubes. The proposed work will be performed approximately 60 ft. from the edge of the wetlands.
There was a motion to issue a Negative Determination with 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: 23 Miller Street – SE159-543
Mr. Alfieri stated that the soils on the site have been stabilized and the site is presently in compliance. Mr. Clement, the contractor for the site, has requested that a Certificate of Compliance be issued for this property.
There was a motion to issue a Certificate of Compliance for 23 Miller Street. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: DelCarte Property
The Commission member who has been working primarily on this project updated the remainder of the Commission on the progress that has been made. He said that last night he appeared before the Town Council in order to get the final approval for the continuation of the study.
He and Mr. Alfieri have met with representatives from Pare to review the contract in more detail and they were able to reduce the cost by approximately $5,000. The approval has been obtained from the Town Council and the next step is to meet with the Purchasing Agent to execute the contract in order to proceed with this study. The study by Pare would take approximately six to nine months.
A Commission member questioned the remainder of the Commission if anyone would object to the placement of some “No Fishing” signs on the site. Could we request that the DPW put up some warning signs saying “Stay off the Dam” as they are dangerous. It would also avoid liability to the Town. Mr. Alfieri will speak to the DPW regarding this matter of signs.
Signed Determinations of Applicability, Certificate of Compliance & Extension Permit
Determination of Applicability (Negative) 7 Maple Brook Lane - Constantino
Determination of Applicability (Negative) 394 Washington Street – F&P Molla
Certificate of Compliance – 23 Miller Street (Lot 9) – Steve Clement – SE159-543
Extension Permit – 847 West Central Street – Vendo Realty Trust – SE159-922
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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