Minutes of Meeting
September 15, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Ballantyne, M. Allen, M. DePoto, Nick Alfieri, Conservation Agent
Absent: R. Willis, J. Livingstone, A. Riordan, Associate Member
There was a motion to accept the minutes of the August 11th meeting. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes
GENERAL BUSINESS
Certificate of Compliance: 11 Elm Street
Mr. Alfieri informed the Commission members that he has inspected the site and determined that the site is in conformance and has been completely stabilized.
There was a motion to issue a Certificate of Compliance for 11 Elm Street. The motion was seconded and accepted with a vote of 5-0-0.
Enforcement/Legal: Franklin Landings - 301Union Street
Mr. Alfieri informed the Commission members that he has received 2 anonymous complaints informing him that they had dumped construction debris into the wetlands area at the rear of the apartment complex at 301 Union Street.
Mr. Alfieri issued a letter with an Enforcement Order to the owner of the site; part of the Enforcement Order was that this was done under an open Order of Conditions.
Mr. Eric Prive, Professional Engineer of DiPrete Engineering, and Mr. Tim O’Connor, a representative of the Landings Real Estate Group, the owner of the property, both appeared before the Commission to address this Enforcement Order. Mr. Prive informed the Commission members that they have been retained to address this restoration matter on behalf of the Landings Real Estate Group.
Mr. Prive informed the Commission that where the debris came from is not known; possibly deposited by a subcontractor or another party. The owner will be responsible to remove the debris and restore the area as soon as possible.
Mr. Prive stated that manual removal and disposal will be done to remove the debris from the wetlands area. The restoration will be done by wood chips being spread out on the slope to stabilize the area over the winter and then next spring the area will be revegetated.
Mr. Prive requested that the fine be reconsidered given the responsive action and the fact that they owners acted on the violation immediately. The applicant also offered to take some preventative action to ensure that this type of violation does not happen in the future. The applicant will post Conservation restricted area placards on the trees on the site as opposed to digging holes.
The Commission members came to the consensus that the fine of $1,075 remains in place for two weeks until the next Conservation meeting and if the applicant finishes the work, the Commission will rescind the fine when the work is completed.
Mr. Alfieri stated that the applicant should appeal the fine at Wrentham District Court and the fine can be extended for another 2 weeks and then the Commission could eliminate the fine if the required work is satisfactorily completed.
Mr. Prive informed the Commission that Franklin Landings will be filing for a Certificate of Compliance to address the open Orders of Conditions and will contact the Conservation Department in the near future.
Minor Buffer Zone Activity: 13 Haverstock Road
Mr. Timothy Connolly, the applicant, appeared before the Commission for the construction of a 16’x20’ addition to a single-family house. This application was withdrawn without prejudice at the last Conservation meeting and brought back before the Commission as a modified Minor Buffer Zone Activity with more detail.
The Commission Chairman gave a brief overview of the revised application and plans for the Commission’s review. Mr. Alfieri informed the Commission members that with this new proposal the addition will be located as far away from the wetlands as possible.
There was a motion to issue a Positive Determination for 13 Haverstock Road. The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.
The Chairman informed Mr. Connolly that in order to go forward with this project, a Notice of Intent filing is required by the Commission.
Discussion: Rules & Regulations - Use of Conservation Properties
There was a discussion among the Commission members regarding the Rules and Regulations for Town-owned Conservation lands which is permitted under Massachusetts law.
Mr. Alfieri presented some rules and regulations for 8 Towns located throughout the State to use for examples and review by the Commission members in modeling the rules and regs for Franklin.
The Chairman stated that he would like to use the Town of Easton’s as a model for the Commission’s perusal and comments. A discussion ensued among the Commission members regarding these regulations and also reviewed Wrentham’s for discussion of policies regarding other land uses.
Mr. Alfieri suggested that he compile a draft based on tonight’s discussion which the Commission can review and add or delete items as they deem fit and will bring it back for review to a future Conservation meeting.
Signed Determination of Applicability & Certificate of Compliance
Determination of Applicability (Positive) 13 Haverstock Road – Connolly
Certificate of Compliance - 11Elm Street – Carlisle – SE159-847
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0.
The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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