Minutes of Meeting
December 10, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, R. Willis, C. Botchis, A. Tolland, J. Livingstone N. Alfieri, Conservation Agent
Absent: M. Allen
There was a motion to accept the minutes of the October 29th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to cancel the December 17th Conservation Commission meeting. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Permit Decision: Well No. 8, 25 Populatic Street – CE159-989
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri informed the Commission members that he has attached a list of special conditions to the Agent’s Report that he is suggesting be added to the Order of Conditions.
There was a motion to issue Local and State Orders of Conditions for Well No. 8, Town of Franklin with 25 Special Conditions included in the Agent’s Report. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Certificate of Compliance: 123 Miller Street - SE159-873
There was a discussion among the Commission members regarding the issuance of a Certificate of Compliance for this property. Mr. Alfieri informed the Commission that this site is in compliance with the as-built plan and recommended that the Commission issue a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 123 Miller Street. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 38 Lenox Drive – Daniels Associates - SE159-675
There was a discussion among the Commission members regarding the issuance of a
Certificate of Compliance for this property. Mr. Alfieri informed the Commission that
the Orders of Conditions were issued for whole subdivision and he recommended that the Commission issue a partial Certificate of Compliance for this lot.
There was a motion to issue a partial Certificate of Compliance for 38 Lenox Drive. The motion was seconded and accepted with a vote of 6-0-0.
Discussion: Lot 6A Miller Street – United Consultants
Mr. Richard Goodreau, Engineer of United Consultants, appeared before the Commission for a discussion regarding Lot 6A Miller Street. Mr. Goodreau stated that this project is currently before the Zoning Board of Appeals.
Mr. Goodreau stated that the Conservation Commission issued an ORAD (Order of Resource Area Delineation) for this property on June 21, 2007. The applicant has cleared the land outside of the buffer zone. The applicant would like to regrade the site to create a farm area with a swale and drainage system.
The ZBA was concerned about the amount of gravel to be removed from the site and suggested that the applicant terrace the site and decrease the proposed slope to create a level area and then add a second slope around the 100 ft. buffer zone line. Hence, not requiring the applicant to remove as much material from the site. The issue with this concept is the 50-100 ft. buffer zone regulations, where it is required that slopes be minimized.
Mr. Goodreau stated that the applicant is not proposing any work within Conservation jurisdiction and the ZBA suggested that Mr. Goodreau appear before the Conservation Commission regarding this project to obtain some feedback regarding this concept.
Mr. Goodreau informed the Commission that Mr. Alfieri has inspected this site and made some suggestions regarding the erosion control and will then reinspect it upon the completion of this work.
Mr. Alfieri informed the Commission that he inspected the site and the erosion control was in need of repair and he wrote a letter to the ZBA requesting that they reinstall the erosion control barrier. This was done, he reinspected it and it was not reinstalled correctly. Mr. Alfieri subsequently talked to the owner and requested that it be reinstalled correctly.
Mr. Goodreau requested that, even though this site is outside of Conservation jurisdiction, the Commission write a letter to the ZBA showing support suggesting that the Commission would be satisfied with a 2-to1 slope located approximately 200 ft. from the wetland to be captured in a drainage system as opposed to a 2-to-1 slope located just outside the 100 ft. buffer zone line to the wetland that was not captured in a drainage system. It should also be suggested that there be no filling in the area outside of Conservation jurisdiction.
Mr. Alfieri informed both Mr. Goodreau and the Commission members that he will write a letter that says given a choice, the Commission would prefer not to have the slope but the decision is up to the ZBA as it is outside of Conservation jurisdiction.
Mr. Goodreau stated that the letter could possibly say that the preference of the Commission would be to keep the steep slopes as far away from the wetland resource areas as possible.
The Commission Chairman requested that Mr. Alfieri draft a letter to the ZBA from the Commission suggesting that their preference would be that any excessive slopes be kept as far away from the resource area as possible.
Discussion: DelCarte Dams – Pare Corporation
The Commission member who has been working with Pare Corporation on this project gave the Commission an overview of his recent communications with Pare.
The Commission members have reviewed the documents that are appended to the Dam Registration Forms for Dams 3&5 and the Commission made comments and complied them into one document and returned them to Pare. The revised report was received back from Pare and was forwarded to the Commission members for further comments and the next step would be to have the report finalized.
The next step in this process would be to have the reports forwarded to the Town Administrator for signature and submitted to the DCR by the end of the year.
Discussion: Conservation Representative to Public Land Use Committee
The Conservation Chairman informed the Commission that Mr. Ray Willis current serves as the Conservation representative to the Public Land Use Committee and recommended the rotation of the representative to afford another Commission member an opportunity to serve on this Committee.
Mr. Jeff Livingstone volunteered to be the Conservation Commission representative to the Public Land Use Committee. Mr. Alfieri stated that Beth Dahlstrom, Town Planner, will contact Mr. Livingstone.
Extension Permit: Franklin Place – Uncas Avenue – SE159-813
The Commisssion Chairman informed the Commission that this is the third extension permit request made by the applicant, Walsh Brothers Building. Mr. Alfieri informed the Commission members that this permit is under the Local Bylaw only.
There was a motion to issue a final one-year Extension to Franklin Place, Walsh Brothers Building. The motion was seconded and the Commission Vice-Chairman requested that Mr. Alfieri include a letter to the applicant with the Extension Permit notifying Mr. Walsh that this is the last Extension Permit that will be granted to him and after that he will be required to file a new Notice of Intent. The motion was accepted with a vote
of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Signed Certificates of Compliance, Orders of Conditions & Extension Permit
Extension Permit - Franklin Place - Walsh Brothers Building – SE159-813
Certificate of Compliance – 123 Miller Street – O’Glishen – SE159-873
Certificate of Compliance – 38 Lenox Drive – Daniels Associates – SE159-675
Orders of Conditions – Well 8 – 25 Populatic Street – Town of Franklin - CE159-989
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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