Minutes of Meeting
May 31, 2012
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, R. Ballantyne, M. DePoto, P. Stolfa, Associate Member, Nick Alfieri, Conservation Agent
Absent: J. Livingstone, M. Allen, A. Riordan, Associate Member
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
GENERAL BUSINESS
Minor Buffer Zone Activity: 31 James Street
Mr. Jeff Rosen, the applicant, appeared before the Commission to address any concerns from the Commission regarding the proposed work in his rear yard. The Commission Chairman gave an overview of the recently conducted site walk. Some mitigation of a few shrubs across the back was discussed as well as erosion control.
Mr. Rosen informed the Commission that this MBZ filing has been resubmitted and the location of the patio is now connected to the house and is moved further away from the wetlands. The previous patio area is now going to be lawn. The Chairman summarized the tree condition on the site for Commission review. The proposed distance was more than 40 ft. away from the wetlands and will be located 50 ft. away with the revised plan in the new submittal.
There was a motion to issue a Negative Determination for 31 James Street with 3 standard conditions; one to notify the Agent when the work starts, conduct the work according to the plan and notify the Agent when the work has been completed. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 18 Island Road – CE159-1032
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has provided the Commission with 52 proposed special conditions included in the Agent’s Report.
There was a motion to issue State and Local Orders of Conditions for 18 Island Road subject to the 52 conditions as discussed. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: Mass. Bay Commuter Railroad - CE159-1033
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has provided the Commission with 52 proposed special conditions included in the Agent’s Report.
There was a motion to issue State and Local Orders of Conditions for the Mass. Bay Commuter Culvert Replacement with 52 special conditions in the Agent’s Report and 51 being amended as discussed. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Discussion: Crossway Church – 282 Summer Street
Mr. Alfieri informed the Commission members that the church pastor contacted him and requested the Commissioner’s recommendation of types of plants for the church to plant around and in the bottom of the detention basins on the site.
The Commission members provided Mr. Alfieri with some suggested plantings for the applicant to review. A Commission member stated that he would not be in favor of any plantings within the confines of the basin without review by the design engineer as it may alter the actual characteristics of the basin itself.
The Commission’s recommendations were that any of the plantings listed in the Best Development Practices Handbook would meet with their approval and left the matter to the discretion of Mr. Alfieri.
Enforcement: 880 West Central Street
Mr. Alfieri informed the Commission members that the Enforcement letter has been signed by the applicant and only needs Conservation Commission member signatures. The Commission members signed the document at tonight’s meeting.
Public Meeting – Request for Determination – Vegetation Management Plan – Town of Franklin DPW
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. Jim Esterbrook, a representative of the DPW, appeared before the Commission for the Vegetation Management Control Plan to be conducted along municipal right-of-ways.
Mr. Esterbrook informed the Commission members that the Vegetation Management Plan and Yearly Operational Plan are both plans that are both mandated by the Mass. State Pesticide Bureau and they outline the right-of-way activities as far as pesticide use. The Vegetation Management Plan is a five-year plan and the Yearly Operational Plan is a supplemental plan that runs on a single-year basis.
Mr. Esterbrook stated that there have been no major changes to the Vegetation Management Plan; the only request was that they wanted to know of any additional activities that have been done that would curtail the use of pesticides.
Mr. Alfieri informed the applicant of 2 items to be addressed in this RFD application and these are listed in the Agent’s Report.
There was a motion to endorse the Yearly Operational Plan with 4 conditions; perform the work according to the plan, notify the Agent before the work starts, notify the Agent when the work has been completed and rodeo is the recommended herbicide to be used in the 100-200 ft. from rivers. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to issue a Negative Determination for the Vegetation Management Plan. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – 438 West Central Street – Raineri Properties – CE159-1035
Mr. Marc DePoto, Conservation Commission member, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Ms. Margaret Ranieri of Ranieri Properties, the applicant, both appeared before the Commission for construction of 3 additional buildings.
Mr. Nielsen gave the Commission members a detailed overview of the plans for the project.
The site is a 3-acre parcel. These plans will be identical to what will be submitted to the Planning Board. The alternatives analysis is included in these plans and addresses the 4 options for the site. The impervious coverage is approximately 50%. The proposed work will be conducted in 3 phases.
There will be some grasses planted in the detention/retention basin and planted shrubs around the outer edge of the basin to provide habitat enhancement.
The Commission Chairman stated to the applicant that the Functions and Characteristics Statement does not adequately address the matter of no adverse impact.
The Commission will conduct individual site walks at their discretion.
A Commission member made 2 minor comments regarding the planting schedule; these will be addressed by Mr. Nielsen.
There was a motion to continue the public hearing for 438 West Central Street until June 7th. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Public Hearing – Notice of Intent – Franklin High School – 218 Oak Street - CE159-1036
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing
Mr. Andrew Chagnon, a representative of Pare Corporation, appeared before the Commission for the redevelopment of the existing high school with new high school, associated fields and parking.
Mr. Chagnon provided the Commission members with a detailed overview of the plans for the project. There are 3 wetlands as well as an intermittent stream located on the site. There is currently approximately 16.5 acres of impervious on the site at present and this will be reduced by approximately 10%. Within the 25 ft. buffer zone, there will be an acre of disturbance, within the 50 ft. buffer zone, there will be 2 acres of disturbance and within the 100 ft. buffer zone, there will be 3.5 acres of disturbance. All of these areas are located in previously disturbed areas.
A Commission member asked Mr. Chagnon if there was a rain garden plant mix proposed for the site. Mr. Chagnon stated that he will provide this.
The Commission Chairman stated that previously the Commission determined that there is a drainage ditch located near the tennis courts and it is not a resource area.
The Commission members will conduct a site walk on Thursday, June 14th at 6:00 p.m.
Mr. Alfieri stated that there are 11 items to be addressed in this Notice of Intent application and these are listed in the Agent’s Report. He has previously forward these comments to Pare Corporation. Mr. Chagnon stated that he will prepare a formal response to these comments and forward it to Mr. Alfieri.
There was a motion to continue the public hearing for Franklin High School until June 21st. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – Delcarte Conservation Area – Town of Franklin - CE159-1034
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing
Mr. Zachary Baum, Engineer of Tighe & Bond, appeared before the Commission for rehabilitation of two existing dam structures (Dams 3&4).
The Commission Chairman updated the Commission members with the observations of the recent site walk.
Mr. Baum stated that a fencing would be constructed above the culvert and the train walls. He asked about the style of the fence; does the Town want a wood or metal fence? The Commission had no specific request on this matter. Mr. Alfieri will contact the DPW personnel as to their preference as they will be maintaining the fence. The Commission members were in agreement with this.
The Chairman expressed concern that the area in close proximity to the culvert will become a collection spot for tresspassing and vandalism. Mr. Baum will address this concern on the plans. A locking device on the stop logs was discussed as well.
Mr. Baum provided some photos of possible wood railings from a site in Uxbridge for examples for the Commission members to consider. Mr. Baum will email them to Mr. Alfieri so that he may provide them to the DPW for review and obtain their recommendations.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Signed Determinations of Applicability & Orders of Conditions
Determination of Applicability (Negative) Vegetation Management Plan – Town of Franklin
Orders of Conditions – Mass. Bay Commuter Railroad – Culvert Replacement - CE159-1033
Orders of Conditions – 18 Island Road – Unkauf – CE159-1032
Determination of Applicability (Negative) 31 James Street – Rosen
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0.
The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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