Minutes of Meeting
December 2, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, J. Fournier, C. Botchis, J. Livingstone, R. Willis, M. Allen
N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the November 18th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to accept the Conservation Commission Hearing Schedule for 2011. The motion was seconded and accepted with a vote of 7-0-0.
Enforcement – 78 Daniels Street – Peters
Mr. Jeff Livingstone, Commission member, recused himself from this public hearing as he is an abutter to the site.
Mr. Ron Peters and Ms. Lynne Peters, homeowners, appeared before the Commission on an Enforcement matter. Mr. Alfieri informed the Commission that an Enforcement Order has been issued and a site walk conducted. Applicant was directed to continue to do the repairs under the agricultural exemption and once the repairs are completed to submit a maintenance plan for future repairs and close out the open Orders of Conditions.
There was a motion to rescind the fine of $75. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
There was a motion to amend the Enforcement Order to state that the current work can be finished and a continuing maintenance plan needs to be submitted. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Certificate of Compliance: 14 King Philip Road – CE159-995
Mr. & Mrs. Ricky Leland, the applicants, and Mr. Paul Cutler, Engineer of Landmark Engineering, all appeared before the Commission for a Certificate of Compliance. At a previous meeting, the Commission had requested that the applicants have Mr. Cutler appear at the meeting to explain the changes made to the original plan. Why were changes made without coming to the Commission first?
Mr. Alfieri explained the changes and stated that they resulted in less disturbance to the wetlands.
A Commission member expressed the concern as to the reason these changes were made without authorization from the Commission. Mr. Leland explained the nature of the changes and the reasons they were made.
The Commission Chairman opened the public hearing for 23 Beech Street. There was a motion to continue the hearing until the completion of the hearing for 14 King Philip Road. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Certificate of Compliance for 14 King Philip Road. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
Public Hearing – Notice of Intent – 23 Beech St. – Needham Land Properties - CE159-1008
Mr. Richard Merrikin, Engineer of Merrikin Engineering, and Mr. Paul DeSimone of Colonial Engineering, appeared before the Commission for the construction of an infiltration basin and drainage piping.
Mr. Merrikin gave the Commission members an overview of the plans for the project, which is a 7-lot subdivision to be called “Mine Brook Place”. The site abuts Mine Brook with associated riverfront area, resource areas and BVW.
Mr. Alfieri informed the applicant of 3 items to be addressed in this Notice of Intent filing.
The Commission Chairman opened the public hearing for 505 West Central Street. There was a motion to continue the hearing until the completion of the hearing for 23 Beech Street. The motion was seconded and accepted with a vote of 7-0-0.
The Commission will conduct a site walk on Saturday, December 4th at 10 a.m.
Ms. Jill O’Connor of 33 Beech Street, an abutter to the site, expressed concerns regarding the infiltration system possibly releasing water onto her property and flooding her basement.
Mr. Alfieri stated that a letter has been received from the Town Engineer addressing these concerns and the Commission will look into this matter.
Ms. Mary Harrigan of 31 Beech Street, an abutter to the site, expressed concerns regarding the drainage from the site flooding her basement.
Mr. Bruce Schievink of 874 Pond Street, an abutter to the site, expressed concerns regarding the impact to the wildlife on the site.
The Commission Chairman opened the public hearing for Sahlin Circle Roadway Reconstruction. There was a motion to continue the hearing until the completion of the hearing for 505 West Central Street. The motion was seconded and accepted with a vote of 7-0-0.
A Commission member informed the applicant’s engineer that the burden of proof is on him to demonstrate no adverse impact especially in light of the abutters providing evidence that there is an existing flooding concern.
There was a motion to continue the public hearing until December 16th. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – 505 West Central St. – James Daddario – CE159-1009
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. Jim Daddario & Mr. Jack Daddario, the applicants, all appeared before the Commission for the construction of a building for Taco Bell & Wendy’s with an unknown medical or retail use.
Mr. Nielsen gave the Commission an overview of the plans for the site. The project consists of razing the building and construction of 3 new buildings.
Mr. Nielsen stated that he is requesting a waiver and variance for installation of a driveway within the 25’ to 50’ buffer zone.
The Commission Chairman opened the continued public hearing for Franklin High School Construction of Rain Garden. There was a motion to continue this hearing until the completion of the hearings for 505 West Central Street and the Sahlin Circle hearing. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Alfieri informed the applicant of 3 items to be addressed in this Notice of Intent filing.
The Commission will conduct a site walk on Saturday, December 4th at 10:30 a.m.
Ms. Lorraine Gilpin of 491 West Central Street, an abutter to the site, expressed concerns regarding the drainage runoff from the site and wildlife concerns.
Mr. Robert Tozio of 491 West Central Street, an abutter to the site, expressed concerns regarding the wildlife habitat and the placement of the trash receptacle at the 50 ft. buffer line.
A Commission member informed the applicant that they should consider the placement of a gravel trap before the driveway to prevent silt from running to Mine Brook.
There was a motion to continue the public hearing until December 16th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Sahlin Circle – Town of Franklin - CE159-1007
Mr. Ray Willis, Commission member, recused himself from this public hearing.
The Commission Chairman opened the continued public hearing for 418 West Central Street Drainage Improvements. There was a motion to continue the hearing until the completion of the hearings for Sahlin Circle and Franklin High School. The motion was seconded and accepted with a vote of 6-0-0.
Mr. William Yaisernia, Town Engineer, appeared before the Commission for roadway reconstruction work. He gave the Commission an overall review of the project. He stated that he has addressed all of Mr. Alfieri’s comments from the last meeting.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to issue State and Local Orders of Conditions with standard linear conditions and 1 special condition regarding the sequence of work at the headwall at Station 481. The motion was seconded and accepted with a vote of 6-0-0.
The Commission Chairman opened the public hearing for 11 Peters Lane Construction of Addition to Single-Family House. There was a motion to continue the hearing until the completion of the hearings for Franklin High School & 418 West Central Street. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Request for Determination – Franklin High School – 218 Oak Street
Mr. Ray Willis, Commission member, recused himself from this public hearing
Mr. Nick Alfieri, Conservation Agent, presented the Commission with plans for the construction of a drainage area. Mr. Alfieri would like to have it installed and determine how it functions.
The Chairman stated that he sees this structure as a stormwater management structure with bio retention characteristics.
A Commission member expressed concerns regarding survival of the plants; its primary function is treating the water before it is discharged into the wetlands.
Mr. Alfieri stated that he will be monitoring this structure to determine if it is functioning properly.
There was a motion to close the public hearing for Franklin High School. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
The Commission Chairman opened the continued public hearing for 485 East Central Street for Construction of Grocery Store. There was a motion to continue the public hearing until the conclusion of the 418 West Central Street and 11 Peters Lane public hearings. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to issue a Negative Determination subject to the 3 standard conditions that the work be conducted according to the plan and that staff be notified at the beginning and the completion of the work. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes,
1 No, 0 Abstentions.
Continued - Public Hearing – Notice of Intent – 418 West Central Street – Ranieri Properties - CE159-1006
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Ms. Margaret Ranieri, the applicant, both appeared before the Commission for drainage improvement work.
Mr. Nielsen gave the Commission an overview of the proposed modifications to the drainage work at the site which were requested by Mr. Alfieri at the site walk.
Mr. Alfieri stated that all of his comments have been addressed by the applicant and has no concerns regarding this project.
A Commission member stated that the Japanese Knotweed adjacent to the site should be eradicated so that the plantings in the rain garden will survive. Any soil to be moved should be taken off the site.
There was a motion to close the public hearing for 418 West Central Street. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue State and Local Orders of Conditions with the standard conditions and 2 special conditions; to eradicate the invasive plantings on the site and substitute plantings are allowed to replace the St. John’s Wort on the site. The motion was seconded and accepted with a vote of 7-0-0.
The Commission Chairman opened the continued public hearing for Revision of Conservation Commission Rules & Regulations. There was a motion to continue the public hearing until the conclusion of the 11 Peters Lane and 485 East Central Street public hearings. The motion was seconded and accepted with a vote of 7-0-0.
Continued - 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 an addition to single-family house.
Mr. Alfieri informed the Commission members that the applicant has addressed his comments by submitting a project narrative, construction sequence, functions and characteristics statement and resource area impact summary.
There was a motion to close the public hearing for 11 Peters Lane. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue State and Local Orders of Conditions with the standard conditions and 1 special condition to remove the emergent debris from behind the shed. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 485 East Central Street – Galaxy Development - CE159-1001
The Conservation Chairman opened the continued public hearing and stated that a letter has been received from the applicant’s representative requesting withdrawing without prejudice. The Chairman read the letter and this has been added to the Conservation file.
There was a motion to accept the withdrawal without prejudice. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Revision of Conservation Commission Rules & Regulations
The Commission Chairman stated that Mr. Alfieri is continuing his work on the changes to the Rules & Regulations and requested that the hearing be continued until the next meeting.
There was a motion to continue the public hearing on the Rules & Regulations until December 16th. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Certificate of Compliance: 790 Washington Street - SE159-899
Mr. Steve Rozak, the applicant, and Mr. James O’Leary, Engineer, both appeared before the Commission to address a Certificate of Compliance request. At a previous meeting, the Commission had requested that the applicant have Mr. O’Leary appear to explain the changes made to the original plan.
Mr. Rozak explained to the Commission the nature of these changes and why they were made.
The Commission will conduct a site walk of the property on Saturday, December 11th at 11:30 a.m. to make a determination of the changes made to the plan.
Permit Decision: 26 Beech Street - CE159-1005
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri attached 28 special conditions to the Agent’s Report for the Commission’s review. The Commission made some minor corrections to these conditions.
There was a motion to issue State and Local Orders of Conditions for 26 Beech Street with the standard conditions and the 28 special conditions discussed. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 34 Stonehedge Road
The applicant has requested to cut down 6 trees on their property as they are in danger of falling. Two of the trees are in Conservation jurisdiction.
There was a motion to issue a Negative Determination subject to the 3 standard conditions; that the work be conducted according to the plan and that staff be notified when the work starts and when the work is completed. The motion was seconded and accepted with a vote of 7-0-0.
Signed Orders of Conditions, Determinations of Applicability & Certificate of Compliance
Orders of Conditions – 26 Beech Street – Donald Williamson – CE159-1005
Orders of Conditions – Sahlin Circle Road Reconstruction - Town of Franklin – CE159-1007
Orders of Conditions – 11 Peters Lane _Galeaz – CE159-1004
Orders of Conditions – 418 West Central Street – Ranieri Properties – CE159-1006
Determination of Applicability (Negative) 34 Stonehedge Road – DiChiara
Determination of Applicability (Negative) Franklin High School Rain Garden – 218 Oak Street
Certificate of Compliance – 14 King Philip Road – Leland – CE159-995
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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