Minutes of Meeting
March 15, 2012
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, M. DePoto, A. Riordan, Associate Member, Nick Alfieri, Conservation Agent
Absent: R. Ballantyne, Peg Stolfa, Associate Member
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to accept the minutes of March 1st. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Certificate of Compliance: 20 Mount Street – SE159-327
Mr. Alfieri stated that he has inspected the site and found it to be stable and in compliance. The house was built approximately 20 years ago.
There was a motion to issue a Certificate of Compliance for 20 Mount Street. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 26 Populatic Street
The applicant has requested to raze the building as the Building Commissioner has declared it inhabitable and wants it to be torn down.
Mr. Alfieri has recommended that the Commission issue a Negative Determination with 3 additional special conditions:
- The structure must be razed within 2 months of the issuing of the Negative Determination
- No soil shall be removed from the site or excavated to fill the foundation
- Follow any field changes from the Commission or their Agent
There was a motion to issue a Negative Determination for 26 Populatic Street with 7 conditions:
- Perform the work in accordance with the plan
- Notify Staff when the work begins
- Notify Staff when the work has been completed
- The work must be completed within 2 months
- No soil removed or used to fill the foundation
- Follow any field changes directed by the Commission or the Agent
- Submit the same information on the form in ink with some of the appropriate boxes checked by close of business on Tuesday, March 20th.
The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstention.
Public Hearing – Notice of Intent – Prospect St. @ Oxford Drive Culvert – DPW - CE159-1030
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the installation of a new culvert. Mr. Yadisernia gave the Commission a detailed overview of the plans for the project which would entail replacing the culvert which runs under Prospect Street near the corner of Oxford Drive. There will be some haybales placed at the downstream end to filter out any siltation.
The duration of the project should take 2 days. They are not in the wildlife habitat area but adjacent. The work will take place in July or August when the stream flows are at its lowest.
Mr. Alfieri informed the applicant of 5 items to be addressed in this Notice of Intent filing.
There was a motion to waive the fees for this project. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
The Commission will conduct site walks of the project on Sunday, March 18th at 9 a.m. and Saturday, March 24th at 9 a.m.
There was a motion to continue the public hearing until the March 29th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – 14 Glenwood Road - Dellorco - CE159-1031
Mr. Paul Dellorco, the applicant, and Mr. Anthony Dellorco, Land Surveyor for the project, both appeared before the Commission for the connection of a house to the municipal sewer system.
Mr. Dellorco provided the Commission with an overview of the plans for the project.
The majority of the work will be conducted within the 50-100 ft. buffer zone. The closest point to the wetlands will be 45 ft.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.
A Commission member asked Mr. Dellorco what type of pipe will be used for the septic system. Could a 2 inch HDP pipe be used? Will the force main be field tested after it is installed? The DPW will test it.
The Commission Chairman questioned what type of soils are in the area of the proposed work?
The rear of the site is sandy and the front is clay composition.
Mr. Walter Zinchuk, an abutter of 22 Pheasant Hill Road, raised the question would he be able to tie into the sewer project? He was informed by a Commission member that he would need a sewer permit from the Town to tie into the system and this would require an agreement with the property owner.
The Commission will conduct site walks of the property on Sunday, March 18th at 9:45 a.m. and Saturday, March 24th at 9:45 a.m.
There was a motion to continue the public hearing until the March 29th meeting. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Wyl1ie Rd., Miller/Green/Jason Circle – DPW - CE159-1028
Mr. William Yadisernia, Town Engineer, appeared before the Commission for stormwater drainage improvements. The Commission conducted a recent site walk of the project and discussed with Mr. Yadisernia some of their observations. There will be no tree clearing or pruning to be conducted in the buffer zone.
There was some discussion with Mr. Yadisernia regarding special conditions to be included in the Orders of Conditions; e.g., standard linear project conditions. Mr. Yadisernia requested 1
perpetual condition to allow DPW to go in and replace the rip rap when it gets filled with too much silt.
Mr. Yadisernia stated that he has received a letter from the Dept. of Fisheries & Wildlife stating that the project does not fall within their jurisdiction. He also received a letter from the Norfolk Conservation Commission stating that they support Franklin in this project and will cooperate with the Conservation Commission. They also requested a copy of 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.
Continued - Public Hearing – Notice of Intent – Emeritus at Franklin Assisted Living – 656 King Street – CE159-1029
Mr. Andy Tolland, Conservation Commission Chairman, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of a 2-story 81 unit Senior Assisted Living Facility. Mr. Nielsen presented a set of revised plans for the project reflecting some comments from the Commission at the recent site walk. Mr. Nielsen provided the Commission with a detailed overview of these changes on the plans.
Mr. Nielsen stated that next week he will be reappearing before the Zoning Board of Appeals to request that they reconsider the aspect of mandating that the applicant install a 6 ft. fence along the property line of the whole project where it abuts residential property.
The Commission Chairman informed Mr. Nielsen that the Commission has sent a letter to the
ZBA requesting that a natural buffer be allowed for screening instead of the vinyl fence.
Mr. Alfieri stated that if Mr. Nielsen is appearing before ZBA regarding the fence issue, he recommended that the Commission keep the hearing open so that the ZBA comments can be made a part of the decision. Mr. Alfieri will have more comments at the next meeting.
A Commission member noted that at the recent site walk, the fence location was discussed and recommended giving the applicant some flexibility in the fence location.
The Chairman stated that a letter has been received from Deborah & Paul Murphy of 17 Forest Street, abutters to the project. This letter was read into the record by Mrs. Murphy and also added to the Conservation file.
Mr. Bob Murphey of 1 Rachael Circle, an abutter to the project, stated that he appreciates the double buffer of trees on his side of the project but has concerns with privacy issues. He also expressed concerns regarding the drainage basins on the site.
Mr. Michael Davis of 670 King Street, an abutter to the project, stated that he appeared at the Planning Board meeting and questioned the configuration of the road entering the site and inquired as to why it is not straight. It is due to wetlands issues. Could it be straighter and kept further away from the residential properties adjacent to the site. The Commissioners informed Mr. Davis that it has been configured this way in order to have the least amount of disturbance to the wetlands on the site. Mr. Davis requested that the Commission look into an alternative configuration of the road.
The Commission Chairman stated that they will look into an alternate shape to the entrance roadway and requested that Mr. Nielsen draw up an alternate option for the roadway on the project plans to determine the amount of additional disturbance to the wetlands.
Mrs. Deborah Murphy stated that on Tuesday, March 20th at 9 a.m., there will be a site walk at her home and invited all interested parties to attend.
There was a motion to continue the public hearing until the March 29th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Amendment Request to Orders of Conditions – 847 West Central Street – Vendo Realty Trust - SE159-922
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Matt Vendetti, the applicant, both appeared before the Commission for the adjustment of 7 parking spaces and access road.
Mr. Nielsen gave the Commission members a brief overview of the plans for the site and also a history of what has transpired on the site to date.
Mr. Nielsen stated that there will be an easement in the northeast corner of the site dedicated for snow storage.
The Commission members made some suggestions for revisions to the plant list depicted on the plans.
Mr. Nielsen stated that earlier this week he appeared before the Planning Board. They approved the plan subject to Conservation approval and subject to Design Review approval. Design Review approved it last Tuesday.
The Commissioners informed Mr. Nielsen that there needs to be some revisions to the planting plan.
An additional special condition discussed was 80% survival of the woody plants and 80% of the grasses to survive for two years.
There was a motion to continue the public hearing until the March 29th meeting. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Enforcement: 880 West Central Street
The Conservation Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance until the March 29th meeting.
Discussion: Draft Plans for DelCarte Dams 3&4
Mr. Alfieri informed the Commission members that Chris Haker from Tighe & Bond called to discuss the overflow device in Dam #3. They are proposing stop logs be used over a low level valve for draining the level of the dam. One of methods needs to be installed since the dam is
jurisdictional. The stop logs will come with a small portable crane that they will furnish so they can be removed. They are the consultants for the DelCarte Dam project and have 4 questions for the Commission members to address. He presented plans for the Commission’s review. A discussion ensued regarding these questions. Mr. Alfieri will contact Mr. Haker with the Commission’s recommendations.
Signed Determination of Applicability & Certificate of Compliance
Certificate of Compliance – 20 Mount Street – Wilson – SE159-327
Determination of Applicability (Negative) 26 Populatic Street - Cohen
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:20 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
