Minutes of Meeting
May 5, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, M. Allen, C. Botchis, R. Willis, R. Harrold, Nick Alfieri, Conservation Agent
Absent: J. Livingstone
There was a motion to accept the minutes of the April 21st meeting. 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.
Discussion: 30 Shady Lane
Mr. Brian Callahan, homeowner, appeared before the Commission for a discussion regarding stairs constructed to the brook at the rear of his property without a permit from Conservation. The Commission Chairman stated that it was clear to the homeowner where the limit of disturbance was on this site and disturbing beyond that limit would require a filing and permit from Conservation.
The consensus of the Commission was that the stairs stay replacing the treads and rails with composite material, put in some plantings, debris and brush will be removed, and the work to be completed by May 31st. A letter will be sent to the homeowner by the Commission.
Public Hearing – Notice of Intent – East Central St. - Town of Franklin DPW - CE159-1015
Mr. Ray Willis, Commission member, recused himself from this public hearing.
The Commission Chairman stated that this hearing is subject only to the Town Bylaw.
There was a motion to waive the fees. The motion was seconded and accepted with a
vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the installation of a new water main. Mr. Yadisernia gave the Commission a detailed overview of the submitted plans. The project will take place in the buffer zone as well as the inner and outer riparian zone to a perennial stream. No silt sacks will be placed in the catch basins.
Mr. Yadisernia submitted an alternatives analysis for the project.
Mr. Alfieri informed the applicant of 2 items to be addressed in this Notice of Intent filing.
Some special conditions discussed were:
o details for silt sacks to be used in the catch basins for erosion control.
o a sign shall be placed near the brook opposite from Stobbart’s Nursery,
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
There was a motion to issue State and Local Orders of Conditions for the linear project on East Central Street subject to standard linear project conditions and an additional 3 special conditions; waddles along the roadside near the stream, silt sacks in the catch basins and a DEP sign opposite Stobbart’s Nursery next to the brook. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – 16 Evergreen Drive – Rocco - CE159-1016
Mr. Paul DeSimone, Engineer of Colonial Engineering, and Mr. Christopher Rocco, the applicant, both appeared before the Commission for the construction of addition to single-family house. Mr. DeSimone gave the Commission a detailed overview of the proposed plans for the project. Straw waddles are proposed rather than haybales for the project.
The Commission Chairman questioned if the stamp on the plan should be a Professional Engineer stamp or should a Professional Surveyor stamp be accepted.
Mr. Alfieri informed the applicant of 8 items to be addressed in this Notice of Intent filing.
A Commission member questioned the applicant using straw waddles vs. erosion control sock.
The Commission will conduct a site walk of the property on Monday, May 9th, at 6:00 p.m.
There was a motion to continue the public hearing for 16 Evergreen Drive to the May 19th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Public Meeting - Request for Determination – Delcarte Property – Town of Franklin
Mr. Ray Willis, Commission member, recused himself from this public hearing.
Mr. Nick Alfieri, Conservation Agent, spoke on behalf of the Town of Franklin for the project for the access road and staging area for Dam #3 at the DelCarte property. Mr. Alfieri stated that the access road will be approximately 15 ft. wide located in a 30 ft. wide right-of-way.
There will be some tree cutting and trail clearing performed in this project. An alternatives analysis was submitted as part of this filing. Mr. Alfieri requested a variance for this project.
There was a motion to issue a Negative Determination with 3 special conditions; that the DPW notify the Conservation Agent before the work starts, when the work has been completed and that the work be conducted according to the plan. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Change to Notice of intent Instructions – Abutters Notification Form – Conservation Commission
Mr. Nick Alfieri, Conservation Agent, informed the Commission members that the Town Counsel advised him that the abutter notification form is inadequate as it does not meet the requirements of the Bylaw which requires the time of the meeting must be assigned as to when the abutters may appear at the public hearing. The new form has been approved by Town Counsel and contains all the necessary information.
There was a motion to close the public hearing for the Change to Notice of Intent Instructions. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to accept the modifications to the Notice of Intent instructions. The motion was seconded and accepted with a vote of 6-0-0.
Continued - 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 submitted revised plans and gave the Commission a detailed overview of these plans for the site. Mr. Waldron addressed all of Mr. Alfieri’s comments from the last meeting and explained each item in detail.
The Commission Chairman read a letter from the abutters to the project in South Hill Estates and this letter has been added to the Conservation file.
Ms. Martha Coscia, an abutter of Opal Circle, expressed concerns regarding the cutting of the trees and the impact on the wetlands and the wildlife.
Mr. Alfieri stated that he has consulted with other Towns and they use small metal disks that depict the limit of the Conservation restricted area on the site.
A Commission member stated that she deems this planting plan as poor and requested that a new plan for the plantings be submitted. She gave the applicant some guidelines on creating a new more acceptable planting plan.
Some suggestions were given to the applicant for delineating the boundary as to where complete disruption should end.
There was a motion to continue the hearing for Lot 32 Garnet Drive until the May 19th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Meeting - 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 addition and septic system upgrade.
Mr. Bremser gave the Commission a detailed description of the revised plans. Silt fence was proposed rather than haybales.
Mr. Alfieri stated that he does not agree that this work should be performed under a Request for Determination.
He informed the applicant of several items that should be addressed in this filing.
There was a discussion regarding the possibility of a vernal pool being located on the site.
Mr. Alfieri recommended to the Commission that they approve the upgrade of the septic system with a Negative Determination and issue a Positive Determination for the construction of the addition and require the applicant to file a Notice of Intent for this work.
There was a motion to issue a Positive Determination for the septic upgrade and for the addition. The motion was seconded and withdrawn.
There was a motion to bifurcate this project and issue a Negative Determination for the septic system and a Position Determination for the construction of the addition. 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
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for improvements to existing stormwater detention pond. Mr. Yadisernia provided the Commission members with an update of the project since the last meeting.
Data sheets with wetland flagging were submitted for the file and Mr. Yadisernia gave the Commission an overview of this information.
Mr. Yadisernia informed the Commission that he would like to continue the hearing so that he may provide a more definitive plan for review.
There was a motion to continue the hearing for Lockewood Drive until June 2nd. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Minor Buffer Zone Activity: 54,56&58 Vail Drive
The applicant has requested to cut down one 22” diameter oak tree and two diseased trees at the rear of the yard. Squirrels have become a problem gaining access from one of the trees to the house on the site. The other trees are diseased and in danger of falling on the
house.
The Commission has requested that more information be submitted as to why cutting of the trees is the only option for addressing the squirrel problem.
Minor Buffer Zone Activity: 6 Dante Avenue
The applicant has requested to cut down one 22” diameter oak tree on the edge of the wetland as the squirrels are gaining access to the roof of the house.
The Commission has requested to determine what steps the applicant has made to mitigate the problems with the squirrels. They would like more information as to why the tree must be taken down.
Minor Buffer Zone Activity: 10 Nicholas Drive
The applicant has requested to install a 24” diameter 4ft. above-ground swimming pool in the location of the swingset on their property. There will be no chlorine used in the pool and a nonbackwashing filter will be installed.
There is a perennial stream located at the rear of the site; the pool would be located in the outer riparian zone to the stream.
There will be a 24” trench dug for the electricity to the pool. More details were requested by the Commission regarding the trench and to address erosion control.
Certificate of Compliance: 300 Fisher Street
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 and recommended that the Commission issue the Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 300 Fisher Street. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 5 Hemlock Lane
Mr. Alfieri informed the Commission that he has completed an inspection of the site and found it to be in compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance for 5 Hemlock Lane. The motion was seconded and accepted with a vote of 6-0-0.
Signed Determinations of Applicability & Certificates of Compliance
Determination of Applicability (Negative) 140 Maple Street – Frongillo
Determination of Applicability (Positive) 140 Maple Street – Frongillo
Determination of Applicability (Negative) DelCarte Dam #3 – Town of Franklin
Certificate of Compliance – 300 Fisher Street – BJAT, LLC - CE159-1000
Certificate of Compliance – 5 Hemlock Lane – D’Errico - SE159-779
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:50 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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