Minutes of Meeting
November 10, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, M. DePoto, J. Livingstone, R. Ballantyne Nick Alfieri, Conservation Agent
Absent: A. Riordan, Associate Member
There was a motion to accept the minutes of the October 27th meeting. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to approve the Town of Franklin Conservation Commission Hearing Schedule for 2012. The motion was seconded and accepted with a vote of 7-0-0.
Enforcement: 29 James Street – Ciampa
Ms. Carmella Ciampa, the homeowner, and Mr. Wayne Podzka, the landscaper for the project, both appeared before the Commission on this Enforcement matter.
The Chairman gave an overview of what transpired at the last Conservation meeting. Ms. Ciampa had the wetland flagged and was told to get the wetland flag locations depicted on a plot plan and provide more details to the Commission.
Mr. Podzka submitted a plan to the Commission with the required site measurements depicted for the proposed project.
The Chairman asked Mr. Podzka what is the proposed plan for the driveway. Ms. Ciampa is unsure at this time of her plans for the driveway but a proposed plan has been presented to the
Commission members. Some kind of mitigation is needed to catch runoff water from the driveway. A rain garden was suggested to be installed for this purpose.
Ms. Ciampa has 2 options:
- Raise the existing footprint of the driveway and the remainder would be lawn.
o If a more extensive area is desired, the Commission requested that it be located 25 ft. from the closest wetland flag and a rain garden would be required.
Mr. Podzka stated that Ms. Ciampa will inform Mr. Alfieri in the Conservation Dept. early next week what option she will pursue and submit the plan to him. At the next Conservation meeting, the Commission will finalize the Enforcement Order and the applicant will be able to complete the work.
Public Hearing – Notice of Intent – Partridge Street Culvert – DPW - CE159-1024
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the removal of existing and installation of a new culvert on Partridge Street. Mr. Yadisernia gave the Commission a detailed overview of the plans for the project.
Mr. Alfieri informed Mr. Yadisernia of 8 comments to be addressed in this Notice of Intent filing.
The Commission Chairman inquired as to why a box culvert will be used as opposed to an open bottom culvert. Mr. Yadisernia stated that they had to dig up the bottom of the stream bed in order to stabilize the culvert.
The Chairman questioned where are the beavers located that are damming the culvert. He recommended that a beaver deceiver be used to prevent this.
Mr. Yadisernia stated that he cannot put in beaver deceivers under the present contract as he was just aware of this requirement at tonight’s meeting.
A question regarding the loam and seeding stated in the construction sequence was raised. This will be performed along the side of the road and not in the wetlands.
The Commission will conduct a site walk on Sunday, November 13th at 10 a.m.
There was a motion to continue the hearing until December 1st. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Southern Acres – TNT Building - CE159-1023
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of roadway for residential subdivision. Mr. Nielsen submitted a revised plan for this project along with a preliminary draft of an alternatives analysis. Mr. Nielsen gave the Commission a detailed overview of these documents which have been added to the file.
The Commission Chairman questioned Mr. Alfieri as to why he has recommended that the individual house lots be filed as separate Notices of Intent. Mr. Alfieri stated that he did this because if the houses do not get built, they can perform the infrastructure under one Notice of Intent and the houses under another NOI. The applicant could then obtain a Certificate of Compliance for the infrastructure and then filed for a Certificate of Compliance when the houses are finished and have come into compliance.
A Commission member stated that he would have no objection if the house lots were included in this Notice of Intent if the limit of lawn is depicted on the plans.
The Commission Chairman pointed out to Mr. Nielsen that the Notice of Intent filing was deficient in several instances. Mr. Nielsen clarified some of the items for the Commission’s information.
The Commission Chairman stated that Miscoe Brook is crucial to the Town’s water supply and there are some very large trees located there and expressed concerns if these trees are cut to within 50 ft. from the wetlands.
Another Commission member asked if the cul-de-sac for Lot 6-3 could be rotated resulting in
less grading in the buffer zone. Mr. Nielsen stated that he will look into this option and if possible make the change.
There was a motion to continue the hearing until December 1st. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Enforcement: 887 Lincoln Street – Restoration Plan
Attorney Harvey Trask and Mr. Charles Koshivas, Jr., both appeared before the Commission for the restoration work at 887 Lincoln Street. The Commission Chairman summarized what has transpired so far in this Enforcement matter.
A site walk was conducted and the Commission requested that erosion control be installed. Also flagging of the wetlands was requested and that a planting plan be submitted to the Commission.
Attorney Trask stated that, in his opinion, this site is a farmland site. The cutting of the trees was intended to turn this area into pasture area for sheep and deems it to be a farming procedure.
Attorney Trask stated that, after doing some research, the site qualifies as an exemption as the area is being improved. He asked the Commission members if the applicant is required to have the wetlands redelineated as this was done in 1992? Could this be deemed an exemption? He also requested that the Commission waive the fine as well.
The Commission Chairman questioned as to what has transpired on the site so far? Have the wetlands delineated and after that is done, the trees can be planted. The wetlands must be redefined as the wetland lines change.
The Commission Chairman and Mr. Alfieri informed Attorney Trask that there is no exemption for agriculture under the Local Bylaw.
The Commission members informed Attorney Trask that the applicant must flag the wetlands.
It is in the best interest of the applicant as well as the Commission for future reference as well.
Mr. Alfieri stated that he has contacted Ms. Lisa Petreski, a representative of the Mass. Division of the USDA Natural Resource Conservation Services, and was informed that if the property owner contacted here and requested a farm plan, they could resolve some of these issues. They will also assist with delineation of the wetlands. Mr. Alfieri informed the applicant that he will provide him with the contact information for this representative. Attorney Trask stated that he will contact Mr. Alfieri in the Conservation Dept. and obtain this information and then contact Ms. Petreski.
Mr. Alfieri stated that there is a hearing scheduled at Wrentham District Court on December 15th and what would course of action would the Commission like him to pursue? The Commission requested that Mr. Alfieri request a continuance of this hearing with the Court and Attorney Trask agreed to this continuance of 2 months.
The Commission requested that Attorney Trask appear at the December 1st meeting for a status report on the project along with an update and also what progress has been made on the site.
Certificate of Compliance: 330 Chestnut Street
Mr. Alfieri informed the Commission members that he has conducted a site visit of the property. The project was for a failed septic system. The site is in compliance with the Orders of Conditions and recommended that a Certificate of Compliance be issued.
There was a motion to issue a Certificate of Compliance for 330 Chestnut Street. The motion was seconded and accepted with a vote of 7-0-0.
Certificate of Compliance: 82 Populatic Street
Mr. Alfieri informed the Commission members that he has conducted a site visit of the property. The project was for an addition to a single-family house with a retaining wall. The site is in compliance with the Orders of Conditions and recommended that a Certificate of Compliance be issued.
There was a motion to issue a Certificate of Compliance for 82 Populatic Street. The motion was seconded and accepted with a vote of 7-0-0.
Discussion: Rules & Regulations – Use of Conservation Properties
Mr. Alfieri informed the Commission members that he has printed the Rules on Conservation letterhead. As far as the Policy Statement is concerned, he has determined that it must be done during a public hearing and also be advertised for the next meeting on December 1st. He has given the Commission some information relevant to this matter and requested that the Commissioners review this material before the next meeting.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23b(3) to discuss pending litigation. The Conservation Commission will return to open session solely for the purpose of adjourning the meeting. A Roll Call vote is required:
Andy Tolland - Yes
Monique Allen - Yes
Jeff Livingstone - Yes
Ray Willis - Yes
Jon Fournier - Yes
Regan Ballantyne - Yes
Marc DePoto - Yes
The motion carries with a vote of 7-0-0.
Signed Certificates of Compliance
Certificate of Compliance – 82 Populatic Street – Courier – CE159-999
Certificate of Compliance – 330 Chestnut Street – Hansen – CE159-1002
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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