Minutes of Meeting
July 1, 2010
To: Town Clerk
cc: Members
File
Present: J. Fournier, J. Senterman, A. Tolland, C. Botchis, M. Allen, J. Livingstone
N. Alfieri, Conservation Agent
Absent: R. Willis
Elections
There was a motion to nominate Jeff Senterman for Chairman. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to nominate Andy Tolland for Vice-Chairman. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of the May 27th, 2010 meeting. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to accept the minutes of the June 17th, 2010 meeting with 2 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.
Inspections for Rt. 495 & King Street Roadwork
There was a motion to change the reporting requirements from weekly and monthly to monthly with the filing of the next weekly. The motion was seconded and accepted with a vote of 4-2-0;
4 Yes, 2 No, 0 Abstentions.
Discussion – 300 Fisher Street – Norfolk Ram Group
Mr. John Kitchen, representative of the Norfolk Ram Group, appeared before the Commission for clean-up work which has been mandated by DEP on an emergency basis. Contaminants were found on the site. Fencing is needed on the site to keep the public from gaining access to it.
A Commission member asked:
o where are the contaminants?
o what type of fencing is to be used?
Another Commission member stated that it would be preferable not to have the fence climbable.
Mr. Alfieri asked what the timeframe for the work would be. Mr. Kitchen stated that it would be performed as soon as possible. Mr. Alfieri stated that the work is required to be done on an emergency basis by the DEP and needs to start now. The applicant is still required to file an after-the-fact Notice of Intent.
The Commission requested that the Notice of Intent be filed by July 13th in order to be on the agenda for the July 29th Conservation meeting.
There was a motion to direct the applicant to proceed with the work as an emergency project and file a Notice of Intent by July 13th. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Notice of Intent – Spring Street – Town of Franklin DPW- CE159-996
Mr. William Yadisernia, Town Engineer, appeared before the Commission for emergency culvert repair work on Spring Street. Mr. Yadisernia informed the Commission that there is a small pond on Spring Street and the culvert has overflowed and caused the road to wash out.
Mr. Yadisernia informed the Commission that he proposes the following”
o Put in a headwall
o Stabilize the flow and get it into the stream
Mr. Alfieri informed the applicant of 3 items which need to be addressed in this Notice of Intent filing.
There was a motion to waive the fees as this is a Town project. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
A Commission member questioned if there are any utilities in the area. Mr. Yadisernia stated that there are no utilities located there. The plans show haybales but the Commission’s preference is waddles. The Town must go to the Board of Health for beaver control to move the beavers out of the area.
Another Commissioner questioned if there is a headwall on the site. Mr. Yadisernia stated there is no headwall but one will have to be put in.
The Commission will conduct a site walk on Monday, July 12th at 6:30 p.m.
There was no one present in the audience for this public hearing.
There was a motion to continue the public hearing until July 15th. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – 485 East Central Street – Galaxy Development - CE159-
Mr. Patrick Doherty, Engineer of Midpoint Engineering, and Mr. Mark Manganello, Ecologist of LEC Environmental, both appeared before the Commission for construction of a grocery store building.
Mr. Doherty informed the Commission that he performed the engineering and stormwater management for the site and Mr. Manganello provided the wetland delineation and the Notice of Intent.
This is a resubmission of the previous application and requested that the previous plans provided with the previous application be made part of this application.
Mr. Doherty has filed with MEPA and is awaiting their comments this week. Test pits have been done on the site. Two trees will be removed and some parking spaces will be reduced as requested by the Planning Board.
Mr. Doherty reviewed the plans for the site and also informed the Commission that there is a perennial stream as well as an intermittent stream on the site.
Mr. Manganello provided the Commission with an overview of the wetland systems for the site.
Mr. Alfieri informed the applicants of 16 comments to be addressed in this Notice of Intent filing and stated that these comments are the same as from the previous meeting with the exception of 2 revised comments.
Mr. David Fuller, an abutter of 82 Chestnut Ridge Circle, requested clarification on the proximity of the cliff to the residences abutting the site.
There was a motion to continue the public hearing until August 12th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent - 14 King Philip Road – Leland - CE159-995
Mr. & Mrs. Ricky Leland, the applicants, both appeared before the Commission for the construction on in-ground swimming pool, patio and fence. The applicant has submitted revised plans as well as a project narrative for the site.
Mr. Alfieri informed the Commission members that all of his comments have been satisfactorily addressed by the applicant.
There was no one present in the audience for this public hearing.
A Commission member requested that a more detailed planting schedule be provided on the plans.
The Commission members informed the applicants of some special conditions for the project:
- closed-cartridge filtration system shall be used in the pool
- no chlorine shall be used in the pool
- trees should be a minimum of 1 ½” caliber in size
- disease resistant trees shall be planted
- there shall be 80% survival rate within 2 years for the plantings
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Discussion: Open Meeting Bylaw
Mr. Alfieri informed the Commission members that effective today, July 1, 2010, the new Open Meeting Law takes effect in Massachusetts. He provided a document with 11 major changes that must be adhered to by the Commission. This document is appended to the Supplemental Agent’s Report. Mr. Alfieri also gave the Commission a detailed overview of these new changes to new Law.
Minor Buffer Zone Activity: 67 Charles River Drive
The applicant has requested to install a 4-foot high vinyl/chainlink fence to enclose their backyard. The distance will be 25 ft. from the stonewall; the wetlands start at the stonewall. It was noted by a Commission member that Shephard’s Brook flows adjacent to this property.
There was a motion to issue a Negative Determination subject to the following conditions:
- the applicant notify Conservation staff before they begin work
- the applicant notify Staff when the work is completed
- the work shall be done according to the plan
- a compost area shall be located subject of the approval of the Agent
- no yard waste can be put on the other side of the fence in perpetuity
The motion was seconded and accepted with a vote of 4-2-0; 4 Yes, 2 No, 0 Abstentions.
Minor Buffer Zone Activity: 82 South Street
The applicant has requested to install a 24 ft. round above-ground swimming pool. He is located it 28 ft. from the wetland at the closest point. The wetland is an isolated wetland.
There will be approximately 900 sq. ft. of soil disturbance in performing this work. There will be a closed-cartridge filter used in the pool. There will be no backwashing for the pool.
The Commission continued this MBZ filing so that Mr. Alfieri may obtain more information from the applicant on this project and bring it back for review at the next meeting on July 15th.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23b(3) to discuss a strategy with respect to purchasing a piece of property since a public discussion may have a detrimental effect upon the position on the Town of Franklin. The Conservation Commission will return to open session solely for the purpose of adjourning the meeting. A Roll Call vote is required:
Jon Fournier - Yes
Jeff Senterman - Yes
Andy Tolland - Yes
Chris Botchis - Yes
Monique Allen - Yes
Jeff Livingstone - Yes
The motion carries with a vote of 6-0-0.
Signed Determination of Applicability
Determination of Applicability (Negative) 67 Charles River Drive - Murray
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 9:40 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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