Minutes of Meeting
April 7, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, C. Botchis, M. Allen, R. Willis, R. Harrold, Beth Dahlstrom, Town Planner
Absent: J. Fournier, J. Livingstone, Nick Alfieri, Conservation Agent
There was a motion to accept the minutes of the March 24th meeting. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Permit Decision: 5 Parmenter Way
The Commission Chairman stated that this hearing was closed at the last meeting and a Negative Determination was voted on with 4 special conditions:
- 3 standard special conditions
- extend the gravel under the envelope of the new addition
The Negative Determination of Applicability was signed by the Commission members.
Enforcement: Cedar Shopping Center
Monique Allen, Commission member, recused herself from this discussion.
The Commission Chairman informed the Commission that DPW personnel has observed
that a glacier is being created on the southeast corner of the site toward the river. It has been ongoing for many years.
Was this permitted when they built the shopping center? Commission Chairman requested that Beth Dahlstrom, Town Planner, check the original approved plans submitted to the Planning Department when the shopping center was constructed and determine what was approved.
Public Hearing – Request for Determination – Mass. Bay Commuter Railroad ROW
Mr. Kyle Fair, a representative of TEC Associates, appeared before the Commission to conduct vegetation management activities. Mr. Fair gave the Commission an overview of the project, which will be performed in the ROW in Franklin.
A Commission member asked when this work will take place. The work will take place in the first 2 weeks of July; the driest part of the year. The Commission will be notified of the spray dates.
There was a motion to issue a Negative Determination subject to 3 standard conditions; that the work be done according to the plan, notify Conservation Staff at the beginning of the work, notify staff at the end of the work. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 112 Populatic Street – Clancy – CE159-1012
Mr. Bill Halsing, Engineer of Land Planning, and Mr. Paul Clancy, the applicant, both appeared before the Commission for the construction of a single-family house.
Mr. Halsing submitted revised site plans for the Commission’s review with the modifications requested by the Commission at the recent site walk. Mr. Halsing gave the Commission members an overview of these modifications. Mr. Halsing also submitted a letter addressing all of Mr. Alfieri’s comments and this document has been added to the file.
A Commission member had some questions and comments for the applicant regarding the plantings on the site.
Some plan revisions recommended to the applicant were:
- strongly encouraged plugs vs. seed,
- depict the number of plants on plan,
- Virginia Sweetspire planted close together,
- Mr. Halsing to submit the updated plan to the Conservation
Department for review prior to the next meeting.
Some special conditions recommended to the applicant were:
o no lawn clippings in resource area,
o 80% survivability over 2 years,
o extra haybales to be stored on the site,
o no phosphorous containing fertilizers to be used,
o Perpetual condition - bittersweet to be cut twice a year
There was a motion to continue the public hearing for 112 Populatic Street until the April 21st meeting. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 43 Spring Street – DePoto – CE159-1013
Mr. Patrick Doherty, Engineer of Midpoint Engineering, and Mr. Richard DePoto, the applicant, both appeared before the Commission for the construction of a single-family house. The Commission Chairman stated that there was a site walk conducted and the conditions on the plan are accurate. The alternatives analysis was limited to the site as this lot was laid out prior to the Rivers Protection Act of 1996.
Mr. Doherty gave a brief overview of the information submitted at tonight’s meeting and addressed some of the questions raised by the Commission at the recent site walk. He also submitted revised plans and provided an overview of these plans.
The Commission Chairman stated that Regan Harrold, Conservation Commission member, had recused herself from the first meeting and after doing some research, determined that she did not have any conflict of interest. She has reviewed the video of the first meeting and can now partake in the meetings.
A Commission member questioned the plantings around the perimeter of the site and is there any planting plan for shrubs?
The mitigation for the trees is the line of shrubs inside the cul-de-sac and the limit of the yard based on bounds will remain field grass and the vegetation will be cut once a year.
If the foundation is to change for the house, an Amendment Request would be required.
Some special conditions discussed were:
o standard special orders of condition,
o perpetual condition permitting annual or twice a year mowing of the field to maintain the aesthetics, not while upland birds are nesting,
o perpetual condition no discharge of yard waste beyond the envelope of the erosion controls,
o perpetual condition, no phosphorus in the fertilizer.
There was a motion to close the hearing for Lot 43 Spring Street. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Enforcement: 887 Lincoln Street
The Commission Chairman stated that a tip was received regarding work taking place in a wetland and aerial photos were provided from past years. The Chairman stated that it appears that there is work going on in a fenced area used for mulch.
The Commission came to the consensus that a letter should be sent to the owner as a reminder that no further work should be conducted in the wetland.
Enforcement: 92 Stewart Street
The Commission Chairman stated that he has contacted the homeowner and visited the site as well. Two horses have been in a paddock on the site for seven years. There is a small stream located 100 ft. from the edge of the fence. The previous Agent had visited the site and informed the homeowner where the paddock should be located. It was found to be 100 ft. back from the wetland and there is no issue there. No further action to be taken.
Enforcement: 30 Shady Lane
The Conservation Department has received an anonymous call regarding stairs being constructed down to the brook behind the house. The Commission will walk the site on Tuesday, April 12th at 6 p.m.
Discussion: NSTAR
The Chairman stated that NSTAR has requested to replace the counterpoise. The rep has asked whether they should file a Notice of Intent or Request for Determination. The counterpoise is the grounding for the high tension lines, it is a wire rope that runs underground from one tower to the next. They are all corroded and need to be replaced.
The filing of an RFD was determined to be the appropriate filing. This has been filed with the Conservation Department.
Discussion: Crossing Plaza – 326 Union Street
The Commission Chairman stated that the applicant would like to repave the parking lot. There is a perennial stream that goes into a culvert 20 ft. from the pavement.
The consensus of the Commission was to file a Request for Determination for topcoat; a Notice of Intent for striping out and repaving the parking lot. The Commission stated that the applicant should provide a rain garden with a plan to scale with the grades indicated and planting material. He should consult with an engineer.
Discussion: DelCarte Property
The Chairman stated that the Commission has been invited to accompany staff and Tighe & Bond to visit the site on Monday, April 4th. The objective is how to gain access to Dams 3 & 5. A site walk was conducted to look at various access points. There was a question raised as to how to replace Dam 4 instead. The obtaining of data and then making a determination was deemed appropriate.
Discussion: Partridge Street – DPW
Mr. Ray Willis, Commission member, recused himself from this discussion.
The Commission Chairman informed the Commission that the guardrail on Partridge Street has been replaced; somebody’s car crashed through it. This was deemed a public emergency. The Town Engineer informed the Chairman that the road needs to be widened and straightened out. A Notice of Intent will be filed by DPW within the next 6 months.
Chairman & Commission Comments
The Conservation Commission stated that the Town Council has taken the Nu-Style building from tax title in 2003. The foundation is on the bank of Mine Brook, off of Grove Street. There are toxic materials found in the soil; the building is also unsafe. The DEP has given the Town of Franklin a grant to remove the building to start remediation. A Notice of Intent will be filed to remove the building in the near future.
The Conservation Commission Chairman informed the members that he met with Mr. Fred Wise, owner of 880 West Central Street, and he would like to know the process for performing some work on his building and repave the parking lot. He would also like to tie into the town sewer line.
Mr. Wise was informed by the Commission Chairman to file a Notice of Intent for this work with stormwater management.
Signed Determinations of Applicability
Determination of Applicability (Negative) Massachusetts Bay Commuter Railroad – Vegetation Management
Determination of Applicability (Negative) 5 Parmenter Way – Melmed
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0.
The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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