Minutes of Meeting
October 28, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, C. Botchis, J. Livingstone, R. Willis, M. Allen
Conservation Agent
Absent: J. Fournier
There was a motion to accept the minutes of the September 23rd, 2010 meeting with one change. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – DelCarte Property – 459 Pleasant Street
Mr. Nick Alfieri, Conservation Agent, presented with project on behalf of the Town of Franklin
for the demolition of 3 small sheds next to Pond 4 and the removal of the remains of an old car.
Mr. Alfieri informed the Commission that he reviewed the details of the plan and stated that the sheds are in a state of bad disrepair and public safety has become an issue. A project narrative has been added to the file describing the project.
A Commission member stated that the bittersweet on the site will stabilize the slope and asked about floating silt booms being placed in the water.
There was a motion to issue a Negative Determination with 5 Special Conditions; that the applicant notify staff at the beginning and the end of the project, that the work be done according to plan and there be no refueling of vehicles within the resource area and that floating booms or other erosion control satisfactory to staff be employed. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Abbreviated Notice of Intent – 21 Haverstock Road – Furlong - CE159-1003
Mr. John Furlong, the applicant, appeared before the Commission for the construction of a shed. Mr. Alfieri stated that the functions and characteristics statement along with a project narrative have been submitted.
A Commission member requested that a compost area be constructed behind the shed.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-1-1; 4 Yes, 1 No, 1 Abstention.
There was a motion to issue Orders of Conditions with 28 special conditions. The motion was seconded and accepted with a vote of 4-1-1; 4 Yes, 1 No, 1 Abstention.
Public Hearing – Notice of Intent – 11 Peters Lane – Rosenberg - CE159-1004
Mr. Bruce Wilson, Engineer of G-W Site Solutions, appeared before the Commission for the construction of addition to a single-family house. Mr. Wilson presented the site plans and gave the Commission an overview of the project.
Mr. Alfieri informed the applicant of 12 items to be addressed in this Notice of Intent filing.
The Commission will conduct a site walk of the property on Saturday, October 30th at 9 a.m.
There was a motion to continue the hearing until the meeting on November 18th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Revision of Conservation Commission Rules & Regulations
Mr. Alfieri, Conservation Agent, informed the Commission that he has received all of the revisions but has not yet complied them and requested that the public hearing be continued until the next meeting. The Chairman requested that Commissioners send all of their comments to Mr. Alfieri as soon as possible.
There was a motion to continue the public hearing on the Rules & Regulations until November 18th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – 26 Beech Street – Williamson - CE159-1005
Mr. Donald Williamson and Ms. Donna Cournoyer, the applicants, Ms. Lisa Edelstein, Landscape Architect, and Mr. Ken McKenzie, Engineer of Dunn McKenzie, all appeared before the Commission for the construction of a patio, tree planting and site grading.
Ms. Cournoyer stated that she would like to make a public apology to the Commission and the abutters for unintentionally conducting activity within Conservation jurisdiction and recognize that they should have delineated the property before any work commenced.
Ms. Cournoyer submitted a NOI Supplemental Information and 2 revised plans for the Commission’s review. Ms. Cournoyer gave the Commission and abutters an overview of these documents which have been added to the file. Ms. Cournoyer requested permission to work with the professionals present at tonight’s meeting to submit a mitigation plan depicting the plantings for consideration by the Commission.
Mr. Alfieri stated that he has not yet had opportunity to review the plans. He stated that he has reviewed the recent overhead images of the site and it showed some activity.
A Commission member expressed concerns regarding the soils which have been disturbed on the site.
Ms. Pat Swift Babcock, an abutter of 24 Beech Street, asked what the impact study has shown.
Ms. Mary Harrigan, an abutter of 31 Beech Street, expressed concerns regarding stormwater runoff and how it will affect her property.
Ms. Mary Ellen Santelices, an abutter of 32 Beech Street, expressed stormwater concerns and the water flow effecting the neighboring properties.
The Commission Chairman opened the public hearing for 485 East Central Street. There was a motion to continue the hearing until the conclusion of the hearing for 26 Beech Street. The motion was seconded and accepted with a vote of 6-0-0.
Ms. Jeanne Seyfarth, an abutter of 22 Beech Street, submitted a letter to be read by the Chairman and it has been added to the file.
Mr. Ken Fulton, an abutter of 24 Beech Street, expressed concerns regarding the nesting area of turtles being disturbed.
Ms. Pat Swift Babcock, an abutter, expressed concerns regarding further damage being done to the wetlands the questioned the remediation plan being done before winter.
A Commission member asked the applicant if they would consider installing roof drains to the house for mitigation.
Ms. Lisa Edelstein reviewed the approach and objectives for the site as well as soil conditions to determine if any remediation is required. Soil disturbance will be minimized.
There was a motion to continue the public hearing until November 18th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent - 485 East Central Street – Galaxy Development – CE159-1001
The Commission Chairman reopened the public hearing and stated that a letter has been received from the applicant’s representative requesting a continuance of the hearing until the December 2nd meeting.
There was a motion to continue the public hearing until December 2nd. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificate of Compliance: 14 King Philip Road – CE159-995
The applicant has submitted an application with a letter from the engineer stating
some changes made on the site which were not on the approved plan.
The Commission requested that the engineer appear at the next meeting to explain why these changes were made.
Certificate of Compliance: 11 Peters Lane - SE159-792
Mr. Alfieri informed the Commission that the site is in substantial compliance with the original plan.
There was a motion to issue a Certificate of Compliance for 11 Peters Lane. The motion
was seconded and accepted with a vote of 6-0-0.
Permit Decision: 330 Chestnut Street - CE159-1002
There was a discussion among Commission members regarding the issuance of Orders
of Conditions for this project. There was a motion to issue Orders of Conditions with
29 special conditions for 330 Chestnut Street. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Minor Buffer Zone Activity: 88 Populatic Street
The applicant has requested to cut down one damaged oak tree and trim 6 oak trees on his property all located within 60 ft. of Populatic Pond. The damaged tree has become a safety hazard.
There was a motion to issue a Negative Determination subject to 5 special conditions;
notify Staff when the work begins, when the work is completed, the work must be performed according to the plan, any fueling of equipment, especially chainsaws, must be done over a container so that any spills can be removed from the site safely and the stump must not be pulled. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 12 Chilmark Road
The applicant has requested to construct a 10’x12’ shed at the rear of their property. Mr. Alfieri stated that the shed will be constructed on blocks and on previously disturbed area.
There was a motion to issue a Negative Determination subject to 3 conditions that the applicant notify staff when work begins, when the work is completed and the work must be performed according to the plan. The motion was seconded and accepted with a vote of 6-0-0.
Discussion: Franklin High School Athletic Fields
Mr. William Yadisernia, Town Engineer, appeared before the Commission for a discussion regarding the Franklin High School athletic fields. Mr. Yadisernia stated
that he is representing the Grounds Division of the DPW who will be installing drainage pipe.
Mr. Yadisernia informed Commission members that he is seeking clarification as to
whether an area on the baseball field is a resource area or a drainage ditch.
A Commission member stated that in his opinion the area is a constructed swale and not a natural resource area.
Mr. Alfieri stated that the drainage ditch will be flowing into a perennial stream and there could be soils discharging into this stream and requested that some haybales be installed downstream of the work to keep the soils from flowing into the stream.
The Commission Chairman stated that, in his opinion, it is a drainage ditch and sought the opinion of other Commissioners. The Commission members came to the consensus that it is a drainage ditch.
Signed Determinations of Applicability, Orders of Conditions & Certificate of Compliance
Orders of Conditions – 330 Chestnut Street – Hansen - CE159-1002
Certificate of Compliance – 11 Peters Lane – Rosenberg – SE159-792
Orders of Conditions – 21 Haverstock Road – Furlong - CE159-1003
Determination of Applicability (Negative) – 88 Populatic Street - Swenson
Determination of Applicability (Negative) – 459 Pleasant Street – Town of Franklin
Determination of Applicability (Negative) – 12 Chilmark Road - Conroy
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
| 
