Minutes of Meeting
December 22, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, R. Ballantyne, P. Stolfa, Associate Member, Nick Alfieri, Conservation Agent
Absent: M. DePoto, A. Riordan, Associate Member
There was a motion to accept the minutes of the December 1st, 2011 meeting 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.
Public Meeting - Request for Determination - 951 Pond Street - Knight
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Elliot Knight, the applicant, both appeared before the Commission for sewer pipe installation and tree removal. Mr. Nielsen stated that there is a flood plain issue for this site. According to the flood plain maps, the flood plain runs through the house. Tree removal would be in Conservation jurisdiction.
Mr. Nielsen gave the Commission a detailed overview of the plans for the site.
The Commission members will conduct a site walk of the property on Saturday, December 31st at 9 a.m.
Mr. Alfieri informed the Commission members that Mr. Nielsen has addressed all of his comments. He stated that there is an easement on this site and requested that it be depicted on the plan.
There was a motion to continue the public hearing until January 5th, 2012. 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. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for removal of existing and installation of a new culvert.
Mr. Alfieri stated that there are only 2 items remaining from his Agent’s Report to be addressed. There are cobbles in the floor of the open culvert and silt in the cove. All of the other items have been addressed.
Mr. Yadisernia stated that the hay has been spread and the trash bags have been removed from the site. The DPW brought some stone to be placed there last Tuesday in the bottom culvert. The silt was removed as well.
There was a motion to waive the fees for this application. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
It was noted that the green abutter notification cards have not yet been submitted. Mr. Yadisernia stated that he will submit them to the Conservation Department.
There was a motion to continue the public hearing until January 5th, 2012. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – Sculpture Garden – Panther Way - Town of Franklin - CE159-1025
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. Jeff Nutting, Town Administrator, and Mr. James Esterbrook, representing the DPW, both appeared before the Commission for a proposed sculpture garden off Panther Way.
Mr. Esterbrook submitted revised plans for the project addressing the comments from the recent site walk and gave the Commission members a brief overview of these plans.
There was a discussion between the Commission members and Mr. Esterbrook regarding the trees on the site and which will be removed.
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.
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 for the Commission’s review and gave a detailed overview of these plans.
Mr. Alfieri asked the applicant if he changed the details to depict wattles and removed the haybale detail on the plans. Mr. Nielsen answered in the affirmative. The bounds are also depicted on the plans.
Mr. Nielsen informed the Commission members that he will reappear before the Commission at a future time so that they may see the final design plan before it is submitted to the Building Department so that the Commission may determine if it conforms to the plan that was approved.
Mr. Nielsen was informed that this will be a special condition in the Orders of Conditions.
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.
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. Attorney Trask informed the Commission members that the wetlands on this site have been flagged. A red maple tree which was chosen from the list provided by the Commission has been selected for planting on the site. The Farm Plan is in the process of being prepared.
The Commission needs to know how many trees will be planted and review the planting plan as well. The Commission also requested that 3 different species be planted to avoid damage from disease.
Attorney Trask asked when the planting should be done? The Chairman requested that a planting plan be provided showing locations, quantities, varieties and size of trees to be planted with the wetland line depicted on the plan as well. The optimal time for planting would be before the end of April.
Mr. Koshivas informed the Commission that he has been working with a consultant to prepare a farm plan for the site. He also submitted wetland delineation field data forms for Commission review and these have been added to the file.
Attorney Trask will reappear with this plan at the next meeting on January 5th, 2012.
Continued - Public Hearing – Policy Statement – Conservation Commission
The Commission Chairman reopened the continued public hearing for the policy statement. There was a motion to continue the public hearing until January 5th, 2012. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificate of Compliance: 153 Pine Street
The Chairman stated that a letter has been received from the Town Engineer recommending that the driveway not be paved. Mr. Alfieri stated that the homeowner has paved the driveway which was in the original plan.
Mr. Alfieri informed the Commission members that he has conducted a site visit of the property and found it to be in compliance.
There was a motion to issue a Certificate of Compliance for 153 Pine Street. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement: 38 Miller Street
The Commission Chairman stated that the Commission has recently conducted a site walk and informed the homeowner to have the wetland flagged. Mr. Alfieri stated that the homeowner contacted him and informed him that he was having it flagged and put on a plan.
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 Ballantnye - Yes
The motion carries with a vote of 6-0-0.
Signed Certificate of Compliance
Certificate of Compliance – 153 Pine Street – Tucker - SE159-693
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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