Minutes of Meeting
April 21, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, J. Livingstone, C. Botchis, R. Willis, R. Harrold, Nick Alfieri, Conservation Agent
Absent: M. Allen
There was a motion to accept the minutes of the April 7th, 2011 meeting with 3 corrections. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Enforcement: 30 Shady Lane
The Chairman stated that an anonymous call was received from a neighbor stating that a stairway constructed of pressure-treated material has been constructed down the embankment behind 30 Shady Lane. Waste cuttings and beams were also found deposited in this area near the brook.
Mr. Brian Callahan, homeowner, appeared before the Commission at tonight’s meeting.
Three options were discussed by the Commission to rectify this matter:
- remove the waste, beams and trees and plant some plantings on the steep slope
- replace treads and rails with a non PT material, pressure-treated material not in contact with the ground
o replace the structure with another structure; i.e., stepping stones, etc.
Mr. Callahan informed the Commission members that he was considering replacing the treads and the railings and asked the Commission for guidance. The stairs were constructed for safety issues for his small children to be able to explore the bank.
The Chairman stated that, in his opinion, he would like it to be totally removed.
Mr. Alfieri recommended some restoration to the stream bank.
There was a motion to replace the treads and railings preferably with a composite material, to remove the yard and other waste, to plant a low growing viney shrub 2 ft. on center near the stairs where the soil is bare and eroding and all the work to be completed by May 31st. The motion was seconded and accepted with a vote of 4-1-1; 4 Yes, 1 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – Lockewood Drive – Town of Franklin DPW - CE159-1011
The Commission Chairman opened the continued public hearing for improvements to existing stormwater detention pond and stated that a letter has been received from Mr. William Yadisernia, Town Engineer, requesting a continuance of the public hearing until the May 5th, 2011 meeting.
There was a motion to continue the public hearing until the May 5th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – Lot 32 Garnet Drive – Staniscia – CE159-1014
Mr. Mark Staniscia, the applicant, and Mr. Russ Waldron, Wetland Scientist of AES, both appeared before the Commission for the construction of a single-family house.
Mr. Waldron gave the Commission a detailed overview of the plans for the proposed house.
The size of the house will be approximately 3, 000 sq. ft.
The Commission will conduct a site walk on Thursday, April 28th at 6:45 p.m.
Mr. Alfieri informed the applicant of 5 items to be addressed in this Notice of Intent filing.
Mr. Christopher Coscia, an abutter to the site, raised questions as to how the procedure with the
Commission works.
There was a motion to continue the public hearing until the May 5th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Request for Determination - NSTAR Electric – Counterpoise Replacement
Ms. Regan Harrold, Commission member, recused herself from this public meeting.
Ms. Stacy Minihane, a representative of NSTAR, appeared before the Commission for counterpoise replacement at Right-of-Way #4. Ms. Minihane gave the Commission members a brief overview of the proposed project.
The work will be done by hand trenching. The work within resource areas does cross some wetland areas and bordering land subject to flooding. The ROW #4 crosses the north section of Franklin, crosses Medway and also crosses Mine Brook and Shepard’s Brook.
The Chairman stated that this meeting is being held only under the Town Bylaw.
It was requested by the Commission that there be no swamp mats across the two brooks during the project.
There was a motion to issue a Negative Determination subject to 4 Special Conditions; notify Staff at the beginning of the project, notify Staff when the project has been completed, work according to the plan and no swamp mats are allowed over Shepard’s Brook and Mine Brook. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Request for Determination – 140 Maple Street – Frongillo
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. Dan Bremser, a representative of Hancock Associates, and Mr. Richard Frongillo, the applicant, both appeared before the Commission for the construction of a 22 ft.x28 ft. addition and upgrade to septic system.
Mr. Bremser gave the Commission a brief history of the property as well as an overview of the proposed project plans for both the addition and septic system upgrade.
The project is located in previously disturbed area;, i.e., lawn area. The proposed addition will be located 77 ft. from the wetland at its closest point. The leaching area for the septic is outside the 50 ft. buffer. There are no endangered species found on the site.
Mr. Alfieri stated that he has major reservations regarding this plan being filed as a Request for Determination. He recommended that only the septic system upgrade should be filed as an RFD and the construction of addition should be filed as a Notice of Intent.
Mr. Alfieri recommended that the Commission bifurcate the permit and give the applicant a Negative Determination for the septic system and a Positive Determination for the addition and require that the applicant file a Notice of Intent for the construction of the addition.
The Commission will conduct a site walk of the property on Thursday, April 28th at 6 p.m.
The meeting was continued until the meeting on May 5th, 2011.
Continued - Public Hearing – Notice of Intent – 112 Populatic Street – Clancy –
CE159-1012
The hearing was opened for the construction of a single-family house. Mr. Alfieri informed the Commission members that the updated plans that were requested at the last meeting have been submitted. All of the comments have been addressed satisfactorily by the applicant on these revised plans.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
There was a discussion among the Commission members regarding the issuance of Orders of Conditions and attached special conditions.
There was a motion to issue State and Local Orders of Conditions for 112 Populatic Street with 19 through 33 listed in the Agent’s Report with the change indicated. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Permit Decision: Lot 43 Spring Street – CE159-1013
There was a discussion among the Commission members regarding the issuance of Orders of Conditions and attached special conditions for this project.
There was a motion to issue State and Local Orders of Conditions for Lot 43 Spring Street subject to the 35 special conditions including the amendment to conditions 29 and 33 as proposed. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes,
0 No, 1 Abstention.
Certificate of Compliance: 6 Longwalk Road
Mr. Alfieri informed the Commission that he has conducted a site walk of this property and found it to be in compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance for 6 Longwalk Road. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: The Woodlands
Mr. Alfieri informed the Commission that the applicant has requested to withdraw without prejudice as the site is not ready.
Signed Determination of Applicability, Orders of Conditions & Certificate of Compliance
Determination of Applicability (Negative) NSTAR Electric – Counterpoise Replacement on Right-of-Way #4
Orders of Conditions – Lot 43 Spring Street – Depoto – CE159-1013
Orders of Conditions – 112 Populatic Street – Clancy – CE159-1012
Certificate of Compliance – 6 Longwalk Road – Palladini - SE159-557
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
