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Conservation Commission Minutes - 02/25/2010






        
     Minutes of Meeting
February 25, 2010


To:  Town Clerk
cc:   CRWA
       Members
       File


Present:  J. Fournier, J. Senterman, A. Tolland, C. Botchis, R. Willis, M. Allen, J. Livingstone                   N. Alfieri, Conservation Agent


There was a motion to accept the minutes of the January 28th meeting with one correction.  The motion was seconded and accepted with a vote of 7-0-0.

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


Public Hearing – Request for Determination – Sahlin Circle Water Line – Town of Franklin
Mr. Ray Willis, Commission member, recused himself from this public hearing.

Mr. William Yadisernia, Town Engineer, appeared before the Commission for the installation of a new water line on Sahlin Circle.  Mr. Yadisernia informed the Commission that this is a replacement water line for the entire length of Sahlin Circle.  Approximately 600 ft. of the street is located in the outer riparian zone of the Charles River.  Mr. Yadisernia also stated that there will be no work taking place within the inner riparian zone to the river.  All proposed work will take place in the roadway.  There will be no permanent alterations to the outer riparian zone during this work.

Mr. Yadisernia informed the Commission that there will be no haybales proposed to be used during this work.  There will be sweeping of the streets to prevent any silt from running into the river and putting silt sacks into the catch basins to filter any water before any discharge runs into the river.

Mr. Alfieri informed the applicant of 3 proposed conditions to be added to this Determination of Applicability permit and these are enumerated in the Agent’s Report.

There was a motion to close the public hearing.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.

There was a motion to issue a Negative Determination subject to the 3 conditions in the Agent’s Report.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.


Public Hearing – Notice of Intent – 924 Washington Street – Grillo – CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the replacement of a cesspool with leach field and pump chamber.

Mr. Nielsen informed the Commission members that the applicant presently has a cesspool located in her rear yard and it is located within the 50 ft. buffer to the bordering vegetated wetland.

There is no public water on Washington Street and the locations on the site are very limited as to where a septic system could be located.  The proposed system falls within the 100 ft. buffer zone but outside the 50 ft. buffer zone.

Based on the elevation of the house, a pump is required for the system to work properly.

Mr. Nielsen stated that there are haybales depicted on the plan.  Also, plantings will be put in the southerly corner of the site to accommodate some of the habitat that will be lost for this work.

The work is outside of the 50 ft. buffer zone and Mr. Nielsen requested that the Commission grant Ms. Grillo an Orders of Conditions for the repair of the septic system.

Mr. Afieri informed the applicant of 8 items to be addressed in this Notice of Intent filing and these are enumerated in the Agent’s Report.

Mr. Alfieri also recommended that the Commission perform a site walk of the property.

A Commission member stated that he would like to have a detailed cohesive project narrative submitted with the Notice of Intent filing which would detail all of the basic information regarding the project.

Another Commission member questioned as to whether there will be a vent on this system and Mr. Nielsen stated that there will be a vent.  He also questioned as to what depth the vent will be installed.  Mr. Nielsen stated that the location will be approximately 1 ft. from the water table.

Another Commission member questioned as to the location of the lawn and how close to the septic system could plantings be put in.  Could plantings be put in the 50 ft. buffer zone?  Mr. Nielsen stated that this could be done; plantings could be planted and the area would be mulched.

Another Commission member questioned if this work is deemed an emergency.  Mr. Nielsen stated that it is not an emergency.

There was no one present in the audience for this public hearing.

The Commission will conduct a site walk on Saturday, March 6th at 10:00 a.m.

There was a motion to continue the hearing until March 11th so that the Commission may conduct a site walk.  The motion was seconded and accepted with a vote of 7-0-0.  


Public Hearing – Notice of Intent – 348 East Central St. - Christopher Nash – CE159-992
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Attorney Richard Cornetta, Cornetta, Ficco, Simmler & Vallee, attorney for the applicant, and Ms. Jennifer Viarengo, Engineer of Appledore Engineering, all appeared before the Commission to raze an existing wood frame building and construction of a supermarket.

Mr. Nielsen stated that there are wetlands along the westerly property line and BVW that runs across the rear of the site.  There is a detention pond on the site.

By adding the building, the groundwater will be recharged from the building directly into the ground.  Along the westerly side on the site and along the rear of the site, the buffer zone is located.

The water from the site flows into the detention basin on the south side of the property.  The drainage system will be amended in order to accommodate stormwater management with sumps and sediment forebays.  There is a modified marsh area in the drainage system where there is some sitting water and a small pool at the outlet.  Within this area, there is a habitat proposed for the site.

Mr. Nielsen stated that he is requesting a variance request and alternatives analysis to address issues of working in the 0-25 and 25-50 ft. buffer zone.  There would be pavement proposed for these areas.  There will be no drainage structures proposed for these areas.  In the rear of the site, there is a detention basin located which would be modified and upgraded as part of this proposed work.  It would also provide a habitat for the wildlife on the site.  Mr. Nielsen informed the Commission that Mr. Alfieri had mentioned the matter of a vernal pool in the rear of the site.  Mr. Nielsen stated that in these plans, there is a vertical concrete curb, 6 inches in height, running along the entire rear of the site to prevent the wildlife from migrating towards the pavement.

Mr. Nielsen stated that according to these plans, they will be enhancing an already constructed detention basin, which is poor in design.  There are vegetated wetlands located in the detention basin, which does not constitute a BVW.  The proposed plantings are taken from the DEP’s planting guidelines, 60 plants to be planted in total.  There are haybales for stormwater management depicted on the plans to run along the rear and the west side of the site.

Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.

A Commission member informed Mr. Nielsen that the project narrative is insufficient in detail.

Another Commission member questioned as what is being proposed for pavement on the site; is the pavement being proposed staying inside the existing pavement from what is currently on the site?  Ms. Viarengo stated that the proposal for the site is not to go beyond the existing edge of the pavement.  It was also questioned if the applicant has performed any test pits on the site.  It would be optimal to depict the recharge numbers from what is on the site presently and what is now being proposed for the site.

There was a motion to open and continue the public hearing for 96 Populatic Street until the conclusion of this public hearing.  The motion was seconded and accepted with a vote of 7-0-0.

Another Commission member stated that there is a fence proposed along the perimeter of the parking lot and what sort is fence is it?  Mr. Viarengo stated that it is a guardrail.  This Commission member stated that there are many frogs observed in the detention basin at the rear of the site and requested more detail regarding the nature of this detention basin.

Another Commission member questioned Mr. Nielsen as to the amount of sun that the site is receiving in order for the plant’s optimal survival conditions.  Changes to some of the plant species was suggested to Mr. Nielsen.

The Commission will conduct a site walk on Saturday, March 6th at 10:30 a.m.

There was no one present in the audience for this public hearing.

There was a motion to continue the hearing until March 11th so that the Commission may conduct a site walk.  The motion was seconded and accepted with a vote of 7-0-0.  


Continued - Public Hearing – Notice of Intent - 96 Populatic St. - O’Connor - CE159-991
Mr. Richard Goodreau, Engineer of United Consultants, and Mr. Thomas O’Connor, the applicant, both appeared before the Commission for the demolition of a single-family house and reconstruction of a single-family house.  Mr. Goodreau informed the Commission members that he has made the changes that were requested at both the recent site walk and by Mr. Alfieri as well.

Mr. Goodreau stated that he has added some notes on the plans regarding vernal pools and dewatering plans.   Also, the sedimentation control and the type of fertilizers to be used on the site.  The functions and characteristics statement have been amended with respect to the recreational uses of the pond.  The erosion control notation has been amended to denote that the erosion control needs to remain in place until a Certificate of Compliance is issued.  There is a fence proposed at the boundary line where the erosion control will be placed.

There is some bittersweet located on the site that will need to be removed and this is denoted on the revised plans.  As this is an invasive species, it will need to be cut in the early spring and the cuts to be treated with rodeo and this will be done on a two-week basis.

There will be a stone walkway proposed for access to the pond for recreational purposes.  There is a tree on the site which was proposed to be removed at the site walk; there will be 2 trees in the front of the garage planted for mitigation purposes.

Mr. Goodreau also mentioned the removal of the tree stumps and how they will be removed.  The applicant would like to remove the stumps located between the house and the roadway.
Any stumps that cannot be removed, will be ground down.

Mr. Alfieri informed the Commission of 2 comments regarding the revised plans and he has consulted with Mr. Goodreau regarding these prior to tonight’s meeting.

A Commission member questioned if there is a vernal pool located across the street from the site and is it protected.  Mr. Goodreau stated that it is not a protected vernal pool.  He also questioned Mr. Goodreau as to the location of the fence on the north side of the site; whether it will be located inside or outside the erosion control barriers.  Mr. Goodreau stated that the compost sock will be removed after the site has been stabilized.

There was no one present in the audience for this public hearing.

There were 2 special conditions to be added to the Orders of Conditions discussed with the applicant and they are that Mr. Alfieri shall determine whether the applicant should grind as many stumps as possible but the one that they cannot, shall be flush to the ground.  There will be a perpetual maintenance condition that the applicant can maintain the bank as per the landscaping notation on the plan.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 7-0-0.


Continued - Public Hearing – Amendment Request to Orders of Conditions – 6 Longwalk Road – Palladini – SE159-557
The applicant and his representative were not required to be present at tonight’s hearing by the Commission members.  

There was a discussion among the Commission members regarding the issuance of an Amended Orders of Conditions for this project.

Mr. Alfieri recommended some special conditions to be added to the Amended Orders of Conditions and these are enumerated in the Agent’s Report.

There was no one present in the audience for this public hearing.

There was a motion to close the public hearing.  The motion was seconded and accepted with a vote of 7-0-0.

There was a motion to approve the Amended Orders of Conditions with the Special Conditions 19 through 34 in the Agent’s Report with the 2 changes to #21 and #22 just discussed.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.


GENERAL BUSINESS

        Extension Permit:  Franklin Heights
        Mr. Alfieri informed the Commission members that the applicant for this project has     requested a three-year extension permit to the Orders of Conditions.  Mr. Alfieri       distributed photos of this site for the Commission’s review.  Mr. Alfieri stated he has         recently visited the site and it is in compliance with the Orders of Conditions and is  in stable condition.

        Mr. Alfieri also informed the Commission that this extension is under the State Act only        and not under the Local Bylaw and they are requesting that this extension be made for 3         years.

        There was a motion to extend the Franklin Heights State Orders of Conditions for three  years.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1       Abstention.

        Minor Buffer Zone Activity:  38 Palomino Drive
        Mr. Alfieri informed the Commission members that the applicant has requested to         extend their existing deck and add 2 sono tubes.  The wetlands are located approximately        50 ft. from the proposed work in the rear of the property.

        Mr. Alfieri informed the Commission members that he has requested that the homeowner    deposited the dirt dug from the sono tubes into a wheelbarrow and take it off the site.

       There was a motion to issue a Negative Determination.  The motion was seconded and      accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.

Signed Orders of Conditions, Extension Permit & Determinations of Applicability
Determination of Applicability (Negative) – Sahlin Circle Water Line – Town of Franklin
Determination of Applicability (Negative) – 38 Palomino Drive – Gilarova
Extension Permit for Orders of Conditions – Franklin Heights – Intoccia – SE159-911
Orders of Conditions – 6 Longwalk Rd. – Palladini – SE159-557

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 7-0-0.  The meeting adjourned at 9:00 p.m.


Respectfully Submitted,


Kathleen Celorier
Conservation Secretary