Minutes of Meeting
July 29, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, R. Willis, J. Fournier, C. Botchis, M. Allen, J. Livingstone N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the July 1st, 2010 meeting. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of the July 1st, 2010 Executive Session. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Amendment Request to Orders of Conditions – 31 Hayward Street – Moseley Realty – CE159-928
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission to request an Amendment to Orders of Conditions for the installation of a playground at the Montessori School which is located at this property.
Mr. Nielsen stated that this request is a result of an Enforcement Order previously issued by the Commission for a playground located on the site. Mr. Nielsen stated that he is requesting a variance for this work. He reviewed the site conditions for the Commission’s information. The sandbox falls within the 0-25 ft. buffer zone.
Mr. Alfieri informed the applicant of 4 items which need to be addressed in this Amendment Request filing.
The Commission Chairman informed Mr. Nielsen that the variance procedure must include an alternatives analysis and it is not included in this filing.
A Commission member informed the applicant that the 0-25 ft. buffer zone interpretation that he is presenting is not the same as the Commission’s. The area should not be disturbed anymore than it is presently disturbed. He would like to see some different alternatives presented showing different options for the site.
Another Commission member stated that she has no issues with the playground itself; only with the fact that it has been illegally installed. He requested an alternatives analysis with mitigation.
Another Commission member stated:
- the original Orders of Conditions is still open
- are there any other activities on the site that were not included in this Orders of Conditions?
o how will nuisance vegetation be controlled?
Another Commissioner informed Mr. Nielsen that he would like to have a couple of possible alternatives presented before it is approved.
There was no one present in the audience for this public hearing.
There was a motion to continue the public hearing until August 26th. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – 82 Populatic Street – Courier – CE159-999
Mr. Glenn Krevosky, Engineer of EBT Environmental Consultants, and Mr. & Mrs. Phil Courier, the applicants, all appeared before the Commission for the construction of addition to an existing single-family house.
Mr. Krevosky reviewed the revised site plans for the Commission’s review. He stated that the proposed addition is 21’x21’ is size. The site is located adjacent to Populatic Lake.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.
The Commission will conduct a site walk on Monday, August 2nd at 6:30 p.m.
There was a motion to open and continue the public hearing for Summer Street until the conclusion of this public hearing. The motion was seconded and accepted with a vote
of 6-0-0.
The Commission Chairman stated that the project narrative needs to have more detail. Also, there is no functions and characteristics statement submitted.
Ms. Heather Ledbetter, an abutter of 81 Populatic Street, questioned if there was an alteration to the retailing wall on the site.
There was a motion to continue the hearing until the August 12th meeting. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Summer Street – Town of Franklin DPW - CE159-
Mr. Ray Willis, Conservation 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 Summer Street. Mr. Yadisernia reviewed the plans for the project.
Mr. Alfieri informed the applicant of 5 items to be addressed in this Notice of Intent filing.
A Commission member questioned if the water line will go underneath the culvert? Mr. Yadisernia stated that it will go over the culvert.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to open and continue the public hearing for Elm Street and Anchorage Road until the conclusion of this public hearing. The motion was seconded and accepted with a vote of 6-0-0.
It was noted by Conservation Staff that no DEP file number has been received for this project and therefore the hearing cannot be closed.
There was a motion to reconsider the vote. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to continue the hearing until the next meeting on August 12th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Elm Street & Anchorage Road – Town of Franklin DPW- CE159-
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the reconstruction of existing roadway and stormwater drainage system improvements on Elm Street and Anchorage Road.
Mr. Alfieri informed the applicant of 4 items to be addressed in this Notice of Intent filing.
Mr. Yadisernia reviewed the plans for the Commission members.
There was a motion to continue the hearing until the meeting on August 26th. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificate of Compliance: South Hill Estates - SE159-852
Mr. Afieri stated that all areas within Conservation jurisdiction are stabilized and recommends issuance of a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for South Hill Estates. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 5 Paulene Drive
The applicant has requested to cut down 3 trees. Two of the trees are leaning towards the house and are in danger of falling on the house. The third tree on the site is shading the garden and the homeowner would like to remove it. It is located approximately 90 ft. from the wetlands.
The Commission tabled this MBZ filing until the applicant provides more information regarding this project; i.e., investigate pruning and mitigation.
Permit Decision: Spring Street Culvert Repair - CE159-996
A discussion ensued among Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with Standard Conditions. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No,
2 Abstentions.
Extension Permit: Chestnut Street Senior Living - SE159-918
There was discussion regarding the issuance of the Extension Permit for this site.
Mr. Alfieri stated that this project has been tied up in court since approval and the clock stopped when the litigation started on this permit.
The Commission Chairman stated that the clock will start when the litigation is completed.
Mr. Donald Ranieri, the applicant, was present and requested that the Extension Permit be issued. Mr. Alfieri, Conservation Agent, will consult with the Town Attorney regarding this matter and report to the Commission at the next meeting. The Extension Permit was not approved by the Commission at tonight’s meeting.
Signed Certificate of Compliance & Orders of Conditions
Certificate of Compliance – South Hill Estates – Staniscia/Pericolo - SE159-852
Orders of Conditions – Spring Street Culvert Repair – Town of Franklin – CE159-996
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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