Minutes of Meeting
May 19, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, M. Allen, C. Botchis, R. Willis, J. Livingstone, R. Harrold, Nick Alfieri, Conservation Agent
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Minor Buffer Zone Activity: 54,56&58 Vail Drive
Mr. Joe Paolini, Developer of Oak Hill Villages, appeared at tonight’s meeting to give the Commission some additional information requested at the last meeting. A document was submitted by an arborist who will be conducting this work outlining the reasons these trees should be removed.
The applicant requested to cut down five trees. 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.
Mr. Alfieri stated that he visited the site and agrees with Mr. Paolini that these trees should come down and that the tree line should be maintained.
There was a motion to allow for the removal of the 5 trees. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to reconsider the vote for 54,56 & 58 Vail Drive. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination for 54,56 & 58 Vail Drive subject to 3 special conditions; notify the Agent before the work begins, notify the Agent after
the work is completed and do the work according to the plan. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 6 Dante Avenue
Mr. Joe Paolini, Developer of Oak Hill Villages, appeared at tonight’s meeting to give the Commission some additional requested information requested at the last meeting. A document was submitted by an arborist who will be conducting this
work outlining the reasons these trees should be removed.
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.
There was a motion to issue a Negative Determination for 6 Dante Avenue for the removal of one 22” diameter oak tree. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to reconsider the vote for 6 Dante Avenue. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination for 6 Dante Avenue subject to 3 special conditions; notify the Agent before the work begins, notify the Agent after the work is completed and do work according to the plan. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 10 Nicholas Drive
Mr. Gregory Ballarino, the electrician for the project, appeared at tonight’s meeting. The applicant has requested to install a 24” diameter, 4ft. above-ground swimming pool in the location of the swingset on their property. The Commission had requested some additional information at the last meeting regarding the digging of the trench.
Mr. Ballarino stated that the trench will be as far from the wetlands as possible; 18” deep, dug by hand and 30 ft. long.
Mr. Alfieri recommended a condition that the soil be placed on the upland side of the trench.
There was a motion to issue a Negative Determination subject to 6 conditions for 10 Nicholas Drive; notify us when work begins, notify us when work is completed, conduct the work according to the plan, no chlorine, no backwashing filter, and put the excavated dirt on the upland side of the trench. The motion was accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 16 Old Grove Street
The applicant has requested to construct a 14'x14' three-season room and attach with stairs to a single-family house. The distance to the wetlands from the proposed work is approximately 55 ft.
Mr. Michael Lund, the contractor for the work, was present at tonight's meeting and informed the Commission members that the existing deck will become the 3-season room. There will be a total of 7 new footings. There will be crushed stone underneath the new addition.
There was a motion to issue a Negative Determination for 16 Old Grove Street with 7 conditions, 3 standard conditions as well as 4 additional conditions of no pressure-treated lumber on the flooring of the new deck, stone underneath the deck and the 3-season porch and the excavation be removed and the downspouts directed farthest away from the wetland. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Continued - Public Hearing – Notice of Intent – 16 Evergreen Drive – Rocco - CE159-1016
The Commission Chairman opened the continued public hearing for 16 Evergreen Drive for the construction of an addition to existing single-family house. The Chairman read a letter from the applicant's engineer requesting an extension but will show up at meeting to discuss added information to plan.
There was a motion to continue the public hearing for 16 Evergreen Drive to the June 2nd meeting. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No,
1 Abstention.
Continued - Public Hearing – Notice of Intent – Lot 32 Garnet Drive – Staniscia – CE159-1014
The Commission Chairman opened the continued public hearing for Lot 32 Garnet Drive and stated that a letter has been received from the applicant's engineer requesting a continuance of the public hearing until the next available meeting.
There was a motion to continue the public hearing for Lot 32 Garnet Drive until the June 2nd meeting. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Certificate of Compliance: 2 Elm Street
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 which were issued in the early 80's when no as-built plan was required.
There was a motion to issue a Certificate of Compliance for 2 Elm Street. The motion was seconded and accepted with a vote of 7-0-0.
Permit Decision: East Main Street Water Main - CE159-1015
The Chairman stated that this hearing was closed at the last meeting and Mr. Alfieri has provided the members with some recommended special conditions to be attached to the Orders of Conditions.
There was some discussion among the Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue an Orders of Conditions for the East Main Street Water Main project with 55 special conditions as enumerated in the Agent's Report. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Discussion: Oak Hill Village Restoration
Mr. Joe Paolini, Property Manager, and Mr. Art Allen, Wetland Scientist of Eco-Tec, both appeared before the Commission to respond to a violation notice issued by the Commission for runoff and sedimentation in the lower pond on the Oak Hill Villages site.
Mr. Allen stated that he has submitted a letter to Mr. Alfieri for Commission review dated May 4, 2011 with his findings and recommendations in response to the violation notice and enforcement order based on a site walk conducted on May 2nd with Mr. Alfieri and Mr. Jeff Paolini, construction and site manager for the site.
Mr. Allen gave the Commission members a detailed summary of this letter, which has been added to the Conservation file.
The Commission Chairman gave an overview of a site walk he conducted of the property where the violation was first observed.
Mr. Allen reviewed the original Oak Hill Villages plans and showed where the water flow runs to and discharges from the ponds on the site. He stated that there is a sinkhole depicted and crushed stone and hydraulic cement will be used to fill this sinkhole and keep it from growing larger.
Mr. Alfieri stated that where the silt fence is starting to fall apart, Mr. Allen proposes to pull it back to a 45 degree angle and put root mulch in to stabilize it.
Mr. Paolini informed the Commission that he has filed for an appeal to the fine at Wrentham District Court
There was a consensus of the Commission members to not pursue the fine and notify the court.
Mr. Alfieri recommended that the Commission keep the enforcement order in place in order to insure that the work gets done and Mr. Allen will notify Mr. Alfieri when the work is completed and have him inspect it.
Discussion: Cedar Shopping Center
Monique Allen, Commission member, recused herself from this discussion.
Mr. Stephan Demarais, Property Manager for the shopping center, appeared before the Commission to respond to a violation notice issued by the Commission. The complaint was that snow piled up over the guardrail and through the guardrail into a large area in the southwest corner of the Franklin Village Shopping Center.
Mr. Demarais stated that he was not aware that there was a violation at the site.
The Chairman and Mr. Alfieri stated that according to the original site plans, there was no indication of any snow storage area in this location depicted on these plans.
There was a motion to rescind the enforcement order and notify the court not to pursue the fine. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No,
1 Abstention.
Discussion: Chestnut Senior Village
The Commission Chairman stated that a letter has been received from the applicant's engineer requesting a continuance of the discussion until the June 16th meeting.
The discussion for Chestnut Senior Village was continued until June 16th.
Discussion: Roundtable Philosophy
There was a discussion among Commission members regarding how to address enforcement orders, fines and different size projects. The Chairman requested comments and input from the Commissioners as to how they think we should address different projects as they come before us.
o What is the philosophy of what the Commission should be doing?
o How should fines be issued and handled?
o There are many Conservation issues that we could be working on other than enforcement work.
One of the Commission members made a recommendation that the Commission should have a roundtable with an agenda to review certain topics to be addressed.
The Chairman requested that the members think about why they are on the Commission
and putting it on paper might help to focus those thoughts and continue this discussion to a future time.
Signed Determinations of Applicability, Certificate of Compliance & Orders of Conditions
Determination of Applicability (Negative) 6 Dante Avenue – Oak Hill Villages
Determination of Applicability (Negative) 10 Nicholas Drive – Hofferty
Determination of Applicability (Negative) 54, 56 & 58 Vail Drive - Oak Hill Villages
Determination of Applicability (Negative) 16 Old Grove Street - DeSimone
Certificate of Compliance – 2 Elm Street – Colbe Corporation – SE159-171
Orders of Conditions – East Central Street Water Line – Town of Franklin DPW – CE159-1015
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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