Minutes of Meeting
August 26, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, R. Willis, J. Fournier, C. Botchis, J. Livingstone N. Alfieri, Conservation Agent
Absent: M. Allen
There was a motion to accept the minutes of the July 29th, 2010 meeting with 1 correction. 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.
Mr. Alfieri informed the Commission members that Paige Duncan, Town Planner in Wrentham, has sent a memorandum regarding 2 parcels located in Franklin but are owned by Wrentham in The Preserve at Oak Hill, an open space subdivision. Part of the plan for this project is to deed these 2 parcels to the Franklin Conservation Commission. The Commission has to agree to accept these parcels and it has to be presented to the Town Council.
A Commission member informed the Commission that the parcels discussed are: 349-003-000 and 348-001-000 and the important point is they both abut Oak Hill Subdivision and there would be a contiguous area of over 30 acres.
There was a motion to recommend that the Town Council accept the land being offered by The Preserve at Oak Hill. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Request for Determination - Kennedy School Ladybug Trail – Chris Gerber – Eagle Scout
Mr. Chris Gerber, Eagle Scout, appeared before the Commission for an Eagle Scout project for trail clearing behind the Kennedy School. Mr. Gerber informed the Commission that the Ladybug Trail is owned by the Metacomet Land Trust and is used by the Kennedy School.
Mr. Gerber stated that the trail is located next to a small stream and he requested a Negative Determination to give him authorization to clear out some fallen trees and clean up the path adjacent to it.
Mr. Alfieri stated that he is in favor of the project and stated that he felt it would enhance the site.
A Commission member asked Mr. Gerber if he received approval for this project from the Metacomet Land Trust. A representative of Metacomet was present at the meeting and stated that he has given Mr. Gerber his approval.
There was a motion to issue a Negative Determination with the 3 standard conditions; i.e., call and notify Conservation Staff before the project is started, when the project is completed and perform the work according to the plan. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – 300 Fisher Street – BJAT LLC -
CE159-1000
Mr. John Kitchen, a representative of Norfolk Ram Group, appeared before the Commission for the installation of a chainlink fence around a portion of this property on Fisher Street.
Mr. Alfieri stated that all of his previous comments have been addressed by the applicant and recommended closing the public hearing.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request – 31 Hayward Street – Moseley Realty - CE159-928
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the installation of a playground.
Mr. Nielsen gave the Commission an overview of 3 conceptual plans of how the mitigation of the playground might be performed. These 3 plans are labeled: Concept I-A, Concept II-A and Concept III-A. These plans have been added to the file. Mr. Nielsen stated that the applicant is willing to do the work according to any one of the 3 above-mentioned plans.
Mr. Alfieri informed the applicant of 6 comments regarding Alternative Concept I-A, 4 comments regarding Concept II-A, and 7 comments regarding Concept III-A. All of these comments are enumerated in the Agent’s Report.
A special condition that the Commission discussed with the applicant is that the playground would be removed if the school leaves the site in the future. The cement posts would be dug out and removed from the area.
The Commission members came to the consensus that Concept II-A is the plan that they support.
The Commission informed Mr. Nielsen that an Operation and Maintenance plan must be submitted in order to close the public hearing.
There was a motion to continue the public hearing until September 9th. 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 – CE159-997
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. Mr. Yadisernia submitted a plan depicting the details of the drainage system for this site and a rain garden profile with a planting schedule.
Mr. Yadisernia gave the Commission a complete overview of these plans for review.
Mr. Alfieri informed the Commission and the applicant that he does not have any objections with the new rain garden and planting plans submitted at tonight’s meeting and has no further comments regarding this project.
A Commission member asked Mr. Yadisernia as to how long a time period it would be before the stone diaphragm would fill up with silt? Is it lined? And how would it be maintained? The Commission also requested from the applicant an Operation and Maintenance plan be submitted that depicts when and how it is cleaned.
There was a motion to continue the public hearing until September 9th. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 17 Echo Bridge Road
The applicant has requested to cut down 3 trees in the buffer zone. The pine tree is threatening the house. The applicant has requested to cut 2 other trees, an oak and maple,
in order to provide more sunlight for his rear yard.
There was a motion to issue a Negative Determination for 17 Echo Bridge Road subject to the 3 standard conditions; i.e., that the applicant notify the staff when the work is started and completed and that the work is completed according to the plan. The motion was seconded and failed with a vote of 2-4-0; 2 Yes, 4 No, 0 Abstentions.
There was a motion to have the pine tree that is directly affecting or has the potential to damage the house to be cut down and leave the other two trees standing. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 40 Lorraine Metcalf Road
The applicant has requested to install a 16’x24’ above-ground swimming pool. Mr. Alfieri informed the Commission members that there is a stream that runs behind the house with associated wetlands.
The applicant will use the closed-cartridge filter in the pool. It is approximately 70-75 ft. away from the wetlands. Siltation control will be constructed in front of the shed.
It was questioned if the stream is a perennial stream?
This Minor Buffer Zone filing was tabled until the next meeting on September 9th and the Commission requested a determination if this is riverfront area.
Minor Buffer Zone Activity: 21 Haverstock Road
This application is for the construction of a 12’x20’ shed which had been started without a Conservation permit. The Commission previously issued the applicant a $75 fine which has been paid.
Mr. Alfieri stated that on the recent site walk, it was observed that the work being proposed is located in the inner riparian zone.
The Commission members expressed concerns with this project due to the fact that it is located in the inner riparian zone of the riverfront area.
The Commission directed Mr. Alfieri to inform the applicant to resubmit the application with mitigation on the plan.
Permit Decision: 82 Populatic Street - CE159-999
There was discussion among Commission members regarding the issuance of Orders of Conditions for this site. Mr. Alfieri suggested some special conditions for the Commission’s review and these are enumerated in the Agent’s Report.
There was a motion to issue State and Local Orders of Conditions for 82 Populatic Street with 42 Special Conditions. The motion was seconded and accepted with a vote of
5-1-0; 5 Yes, 1 No, 0 Abstentions.
Signed Orders of Conditions & Determinations of Applicability
Orders of Conditions – 82 Populatic Street – Courier – CE159-999
Determination of Applicability (Negative) – LadyBug Trail – Kennedy School – Eagle Scout
Determination of Applicability (Negative) – 17 Echo Bridge Road - Herreilers
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:55 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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