Minutes of Meeting
December 1, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, M. Allen, M. DePoto, J. Livingstone, R. Ballantyne Nick Alfieri, Conservation Agent
Absent: R. Willis, A. Riordan, Associate Member
There was a motion to accept the minutes of the November 10th meeting with 2 corrections. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
There was a motion to accept the minutes of the Executive Session from November 10th with 1 correction. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Enforcement: 887 Lincoln Street – Restoration Plan
Attorney Harvey Trask and Mr. Charles Koshivas both appeared before the Commission for the restoration work at 887 Lincoln Street. The Commission Chairman stated that a letter has been received from Attorney Trask stating the applicant is going forward with the USDA Farm Plan and there is still disagreement on whether the State and Local wetlands laws apply to this activity that has taken place on this site.
Attorney Trask summarized what has transpired so far on this site and detailed what steps his client, Mr. Koshivas, has taken and what he plans to do in the near future.
The Chairman stated that there is no agricultural exemption under the local Bylaw.
A Commission member stated that the Commission requested that the applicant have the wetlands flagged along the northern tier of the property only and not the entire parcel. The applicant is not required to file a Notice of Intent.
Mr. Alfieri will provide Attorney Trask with a list of consultants to contact to have the wetlands delineated.
The Chairman stated that the consensus of the Commission is that we want the entire pasture area flagged only and a Notice of Intent is not required. Once it is flagged, the applicant will be able to propose a mitigation plan and some plantings with a greater chance of success.
Attorney Trask stated that it is his understanding that Mr. Alfieri will provide him with a list of consultants who perform wetland delineations and also a list of plantings that are preferred by the Commission and is in agreement with all of the above.
Public Meeting - Request for Determination – 105 Forest Street - Dicruttalo
Mr. Joseph Marquedant, Surveyor for the project, appeared before the Commission for a septic system replacement project. He stated that the plans have depicted that the proposed septic system is located as far from the wetlands as possible.
Mr. Alfieri informed the applicant of 3 items to be addressed in this Request for Determination application.
Mr. Marquedant also informed the Commission members that he has made the required revisions to the plan and submitted these plans at tonight’s meeting. He gave the Commission an overview of the details of these plans.
There was a motion to issue a Negative Determination for 105 Forest Street with 3 Standard Conditions; notify the Conservation Agent before the work starts, when the work commences and do the work according to the plan. The motion was seconded and accepted with a vote
of 6-0-0.
Public Hearing – Notice of Intent – Sculpture Garden – Panther Way - Town of Franklin
Mr. James Esterbrook, a representative of the DPW, appeared before the Commission for a proposed sculpture garden to be located between Panther Way and Ponton Avenue to the rear of the Police Station. It was the previous site of the old Town swimming pool. Mr. Esterbrook stated that this will be a nature walk and sculpture park for the residents to enjoy.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent application.
The Commission will conduct a site walk on Sunday, December 11th at 9:30 a.m.
The Commission Chairman questioned if the dam located on the site is jurisdictional. Mr. Alfieri stated that scaffolding will be placed over the stream to keep debris from falling into the wetlands.
Ms. Judith Peterson, an abutter of 15 Edwards Street, had concerns regarding her property line and where the Town property line is located. Also, where will the parking area be located? She also had privacy concerns and asked what hours will the park be opened? She also questioned where will the funds for this project come from?
The Commission Chairman stated that Mr. Esterbrook is required to make a presentation that can prove no adverse impacts to the wetlands. He also stated that the Commission is limited in their ability to address some of the other concerns of the abutters.
There was a motion to continue the hearing until December 22nd. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Policy Statement – Conservation Commission
The Commission Chairman stated that there is an excellent set of proposed regulations that have been worked out and the Commission now must codify them with a public hearing. There will be a policy statement that must be compiled to consider some other issues.
Mr. Alfieri also informed the Commission members that a policy statement is now required and the rules and regulations will be approved off of this policy statement.
A discussion ensued regarding the major elements of the policy statement among the Commission members and Mr. Alfieri.
Mr. Alfieri will compile all of the recommendations and input from the Commission members and bring it back to the meeting on December 22nd.
There was a motion to continue the hearing until December 22nd. 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 a residential subdivision. Mr. Nielsen submitted revised plans, functions and characteristics statement and a stormwater report for Commission review and these documents have been added to the Conservation file.
Mr. Nielsen gave the Commission members a detailed scenario of what has been done to address the comments from the Commission at the last meeting and also gave a detailed overview of the revised plans.
The Commission members reviewed the plans on a lot-by-lot basis. On Lot 6-2, there is no encroachment in the 100 ft. buffer zone but a bound or two at the 100 ft. line was suggested to denote the edge of cultivation. On Lot 6-3, the roadway would be located to the rear of the property and the house moved up to the front of the lot. Three bounds were requested by the
Commission on this lot and also transition plantings between the forest and lawn area. On
Lot 6-4, there is an infiltration basin located and shrubs should be planted as well.
On Lot 6-5, plantings are suggested on the slope; 3 bounds were requested to denote the edge of cultivation.
Mr. Alfieri stated that all of his comments have been addressed by the applicant.
Mr. Nielsen requested that a letter be sent to the Planning Board informing them on the status of this project with the Conservation Commission. Mr. Alfieri will write this letter stating that all Conservation issues have been resolved and that it is the Commission’s intent to close the public hearing on December 22nd.
There was a motion to continue the public hearing until December 22nd. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Partridge Street Culvert – Town of Franklin - CE159-1024
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the removal of the existing and installation of a new culvert. Mr. Yadisernia provided the Commission with an update of the project.
Mr. Yadisernia informed the Commission that the culvert has been installed and the road is presently open. The loaming and seeding has been done today and the erosion control has also been installed. The slopes are now stabilized. There will also be some stone put down to stabilize this slope.
Mr. Yadisernia requested that the Commission conduct another site walk in order to determine if they are satisfied with the loam before the Commission closes the public hearing.
Mr. Alfieri stated that there is some silt accumulation where the silt is coming down from the bank and has consulted Mr. Yadisernia about this to determine how it should be removed.
The Commission Chairman asked Mr. Yadisernia when he is planning to remove the silt? Mr. Yadisernia requested that the Commission conduct a site walk of this project. This will be conducted on Saturday, December 3rd at 9 a.m.
The Chairman stated that the Oriental Bittersweet located on the southwest bank of the stream had been cut as had been requested.
There was a motion to continue the public hearing until December 22nd. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
There was a motion to appoint Peg Stolfa as an Associate Member of the Conservation Commission. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 178 Cottage Street
Mr. Alfieri informed the Commission members that he has conducted a site visit of the property. The project was for the construction of a barn and the work has been done in accordance with the plan.
There was a motion to issue a Certificate of Compliance for 178 Cottage Street. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 1 Cobblestone Drive
Mr. Alfieri informed the Commission members that he has conducted a site visit of the property. The project was for the construction of a single-family house which was constructed in 1987.
Mr. Alfieri stated that the work has been constructed in accordance with the plan.
There was a motion to issue a Certificate of Compliance for 1 Cobblestone Drive. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement: 38 Miller Street
Mr. Alfieri informed the Commission members that he received an anonymous complaint stating that numerous trees in the buffer zone have been cut on this site. This house was constructed in 1997 and a Notice of Intent was not filed for this construction.
A letter has been sent to the homeowner requesting that they contact the Conservation Dept. by December 5th and they are scheduled to appear at the December 22nd meeting. Mr. Alfieri also recommended that they hire an engineer to discuss the plans for the site.
A site walk is scheduled for Sunday, December 11th at approximately 10 a.m.
Signed Certificates of Compliance & Determination of Applicability
Determination of Applicability – Negative - 105 Forest Street - Dicruttalo
Certificate of Compliance – 178 Cottage Street – Staniscia – CE159-963
Certificate of Compliance – 1 Cobblestone Drive – Willison – SE159-157
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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