Minutes of Meeting
January 5, 2012
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, R. Ballantyne, M. DePoto, P. Stolfa, Associate Member, Nick Alfieri, Conservation Agent
Absent: A. Riordan, Associate Member
There was a motion to accept the minutes of the December 22nd, 2011 meeting. The motion was seconded and accepted with a vote of 5-1-1; 5 Yes, 1 No, 1 Abstention.
There was a motion to accept the Executive Session minutes of December 22nd, 2011. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – Grove Street Water Main – DPW – CE159-
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
There was a motion to waive the fees for the municipal project. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. Deacon Perrotta, Water & Sewer Superintendent for the Town of Franklin, and Mr. Kevin Schott, representative of Camp, Dresser, McKee & Smith, all appeared before the Commission for the installation of a new municipal water main on Grove Street.
Mr. Nielsen gave the Commission members a narrative overview of the project as well as a detailed overview of the project plans. He also explained how this project would impact the wetlands and the riverfront in the area.
Mr. Perrotta stated that they are currently going through the permitting process with the MBTA in order to perform this project in the area of the railroad. The MBTA will give them authorization to perform the work when they can shut down the track. The MBTA will remove the tracks, put the pipe in and then replace the tracks. The DPW will be in charge of the paving.
Mr. Alfieri informed the applicant of 1 item remaining to be addressed, which is that there is no construction sequence depicted on the plan.
Mr. Perrotta stated that they will provide the construction sequence for his review. The work will be sent out to bid and not performed by the Town.
The Commission will conduct a site walk of the property on Sunday, January 15th at 9 a.m.
There was a motion to continue the public hearing for the Grove Street Water Main until the next hearing on January 19th. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes,
0 No, 1 Abstention.
Continued - 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 work.
The Chairman stated that the Commission conducted a site walk of the property.
The comments from the site walk were:
- renumber the flags at the southeast
- trees depicted to be removed were all in favor other than 6 trees to the north of the circular driveway
- grind the stumps so that the grade will all be the same
- move the erosion control on the north
- permit the removal of the emergent debris
- require silt sacks in the catch basins along the street
- o.k. to trim the pine trees to the south of the existing driveway
Mr. Nielsen stated that all of the above comments have been addressed in the revised plans submitted at tonight’s meeting.
Mr. Nielsen provided the Commission with an overview of these plans for review.
The existing house will be renovated within the limit of work.
Mr. Alfieri stated that some of his comments have been addressed on the plan. He requested that Conservation Restriction placards be placed at the 25 ft. buffer zone to limit the work. The placards should be fastened into trees with stainless steel nails.
There was a motion to close the public meeting for 951 Pond Street. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination with 5 special conditions enumerated in the Agent’s Report #1, 2, 6, 7 & 8. The motion was seconded and accepted with a vote of 5-2-0;
5 Yes, 2 No, 0 Abstentions.
Continued - 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 removal of existing and installation of a new culvert.
The Chairman stated that the hearing has been continued solely for the purpose of the applicant submitting the green abutter notification cards. Mr. Yadisernia submitted these green cards for the Conservation file.
A perpetual condition was discussed that the Town can perpetually cut the bittersweet.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
There was a motion to issue State and Local Orders of Conditions for the Partridge Street Culvert DPW permit subject to 1 special condition that the Town may manage the Oriental Bittersweet by removing it in perpetuity. The motion was seconded and accepted with a vote of 6-0-1;
6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Policy Statement – Conservation Commission
The Chairman stated that Mr. Alfieri has presented a proposed policy statement for review by the Commission members. The Commission Chairman asked the Commissioners if there were any revisions that they would like to make and provide some input to this document.
There were some proposed revisions recommended to Mr. Alfieri to be added to the final document.
Mr. Alfieri will redraft this document and send it to the Commission members for final review.
There was a motion to close the public hearing for the Conservation Commission policy statement. The motion was seconded and accepted with a vote of 7-0-0.
Enforcement: 887 Lincoln Street – Restoration Plan
The Commission Chairman stated that a letter has been received from Attorney Harvey Trask stating that he has not yet received all of the materials requested at the last meeting and requesting that this Enforcement matter be continued until the next meeting on January 19th, 2012.
GENERAL BUSINESS
Permit Decision: Sculpture Garden – Town of Franklin – CE159-1025
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has included some proposed special conditions in the Agent’s Report for Commission review.
There was a motion to issue State and Local Orders of Conditions for the Sculpture Garden off Panther Way pursuant to the standard conditions labeled 1 through 18 and special conditions labeled 19 through 54. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes,
0 No, 1 Abstention.
Permit Decision: Southern Acres – TNT Building - CE159-1023
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has included some proposed special conditions in the Agent’s Report for Commission review.
There was a motion to issue State and Local Orders of Conditions for Southern Acres subject to the standard 18 conditions along with 56 total Orders of Conditions . The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Discussion: Washington Street Lot – Guerriere & Halnon
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for a discussion regarding a lot on Washington Street. The lot is proposed to be subdivided into 3 lots
with construction of 3 houses. There are 2 isolated wetlands on the property.
The Commission members reviewed the plans for the site. Mr. Nielsen questioned if there is a possibility of putting a driveway on Lot 1 on the westerly side of the gas line.
There would be a wetland crossing and the impact of the house between Lot 1 & 2 would be minimized. There would be mitigation proposed with plantings.
The Commission members came to the consensus that this was a favorable proposal for the site.
Discussion: Wilson Road Culvert – DPW
Mr. Mike Maglio, Assistant Town Engineer, appeared before the Commission for a discussion regarding a culvert project on Wilson Road that the DPW would like to conduct. He submitted plans for Commission review and gave a detailed overview of the work that is being proposed.
The existing culvert is located under a former railroad bed on Wilson Road. It is approximately 75 ft. long. Upstream of the culvert, there is a large wetland area about 150 ft. There was a sinkhole which is starting to cave in and exposing the sewer main and needs to be repaired.
Mr. Maglio stated that they will replace the existing culvert with a reinforced 30” concrete pipe.
Mr. Maglio requested feedback and concerns from the Commissioners regarding this matter. They will be filing a Notice of Intent for the next Conservation meeting.
Enforcement: 38 Miller Street
Mr. Erik Schwarz, homeowner of 38 Miller Street, appeared before the Commission on an enforcement matter for the cutting down of several large trees.
Mr. Schwarz submitted a plan and informed the Commission members that he had the wetland flagged. He gave an overview of the plan and the location of the trees cut down in relation to the wetlands on the site. Mr. Schwarz cut the trees down as they were in danger of falling on the house and electrical wires as well.
The Commission has conducted a site walk of the property.
The Commission members requested that mitigation be done to make up for the loss of these trees which were cut down. The trees can be planted away from the electrical wires.
Mr. Swartz would like to clean it out and put some grass in the area.
The Commission Chairman requested that Mr. Swartz get a plan showing the present conditions; i.e., show where the wetland is, show where those trees were moved and show the location of the lawn. Present a second plan showing the proposed conditions. The Commission is requesting mitigation of the trees cut. Show all of these items on the revised plans and come to a meeting for Commission comment.
Mr. Swartz will appear before the Commission with the revised plan at the February 2nd Conservation meeting showing existing conditions, where the wetland is, what species of trees had been in that location and with another plan showing what the proposed conditions are.
Mr. Swartz requested what should be done with the brush and debris from the trees which were cut down. The Commission stated that he should remove the brush and debris which were cut down from his property.
Enforcement: 880 West Central Street
Mr. Fred Wise, owner of the property at 880 West Central Street, Attorney Shephard Johnson, Mr. Wise’s attorney, and Mr. Byron Holmes of Holmes Engineering, all both appeared before
the Commission for the Enforcement matter at 880 West Central Street. Attorney Mark Cerel, Attorney for the Town of Franklin, was also present at tonight’s meeting.
Attorney Johnson informed the Commission that Mr. Wise would like to resolve the stormwater issues on the property and connect to the Town’s sewer system. The Chairman asked where the sewer line connection would be located. Would it be located within the right-of-way in the pavement or would it be located alongside the street toward the wetland?
Mr. Holmes stated that it is being proposed to run along the gutter line of West Central Street.
The Commission Chairman stated that a report with a project narrative and plans has been submitted by Holmes Engineering. Mr. Holmes provided the Commission members with a detailed overview of this report.
The Commission will conduct a site walk on Sunday, January 15th at 9:30 a.m.
Mr. Alfieri requested a date certain for the work so it is finished in a timely manner.
Attorney Cerel stated that this project should appear before the Planning Board for a site plan approval and should be coordinated with the Planning Board. The Building Commissioner will have input on this proposal as well. He informed the applicant to contact Beth Dahlstrom, Town Planner, and request to appear at a Technical Review Committee meeting, which meets Wednesdays at 3 p.m. All technical support Town officials are present in order to review the overall plans for the site.
Mr. Holmes stated that Mr. Wise will appear before the Planning Board and then come back to the Conservation Commission for final approval.
The Commission Chairman and Attorney Cerel informed Mr. Wise that he should schedule a date for a status review and to inform Mr. Alfieri on how this is proceeding.
Attorney Cerel stated that there is a pending court case in Wrentham District Court and recommended continuing it for 3 months as long as there is progress being made. Attorney Johnson stated that we have Mr. Wise’s consent to this continuation.
Comments:
The Commission Chairman informed the Commission members that he recently visited the Delcarte property, the Town Forest and some other town lands. He observed some storm damage from recent storms and trees are down with new paths forming around these trees.
Signed Orders of Conditions & Determination of Applicability
Determination of Applicability (Negative) - 951 Pond Street – Knight
Orders of Conditions – Partridge Street Culvert – Town of Franklin – CE159-1024
Orders of Conditions – Sculpture Garden – Panther Way – Town of Franklin – CE159-1025
Orders of Conditions – Southern Acres – TNT Building Corp. – CE159-1023
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 9:10 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
