Minutes of Meeting
July 26, 2012
To: Town Clerk
cc: Members
File
Present: R. Ballantyne, A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, M. DePoto A. Riordan, Associate Member
Absent: P. Stolfa, Associate Member
There was a motion to accept the minutes of the June 7th, 2012 meeting. The motion was seconded and not accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Discussion: Mass. Bay Commuter Railroad
The Commission Chair informed the Commission members that a representative from MBCR requested an Amendment to the Orders of Conditions for increasing the size of the culvert to 60” diameter as well as modifying the construction technique to an open cut trench which means equipment would be staged on the railroad. The erosion controls will be extended as far out as necessary. This would result in less impact to the wetlands.
There was a motion to accept this change as a minor modification. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Discussion: DPW Inspection Assistance
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission informing them that with the recent passing of Mr. Alfieri, the DPW has volunteered their assistance to perform some of his duties; i.e., agent’s reports, site inspections for Certificates of Compliance and whatever is deemed necessary. Mr. Yadisernia suggested a meeting to discuss this matter with a Conservation member on how to proceed.
Enforcement: 104 Populatic Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Thomas LeBlanc of 104 Populatic Street, both appeared before the Commission on an Enforcement matter. Mr. LeBlanc
received an Enforcement Order on June 25th requiring that he file a remediation plan. Mr. Nielsen has submitted this plan for Commission review.
Across the street from Mr. LeBlanc's home there is an area used for parking. Mr. LeBlanc took some dirt and deposited it on the parking area. Mr. Nielsen is proposing some remediation work for this:
- to remove the dirt by hand
- rake the area clean of any dirt
- place 3-4 inches of bark mulch in order to keep the area stable
- certify that there are no invasive species in the mix
- have it inspected monthly
- after one year determine if any plantings have grown up through the mulch.
Mr. Nielsen requested that the Commission waive the fines imposed on Mr. LeBlanc of $2,875.00.
A Commission member requested that the bark mulch be dye free.
There was a motion to keep in place the $75 initial fine and waive the rest. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
There was a motion to accept the restoration plan as stated with an amendment to #4 indicating that it has to be non-colored bark mulch and wood chips if in fact it is needed based on the inspection by Mr. Nielsen. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Public Meeting – Request for Determination – 7 Penny Lane – Eastern Management
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of a single-family house and driveway in the Strawberry Fields subdivision. Mr. Nielsen gave the Commission members a brief overview of the submitted plans for the site.
He stated that 100 ft. of the driveway is located in the buffer zone; all other activity is located outside of the buffer zone.
Mr. Nielsen requested that the Commission issue a Negative Determination with the same conditions as in the original Orders of Conditions issued in 2007. These previous Orders of Conditions has expired.
The extent of the lawn was questioned by a Commission member. Mr. Nielsen stated that the erosion control is located at the extent of the lawn.
There was a motion to issue a Negative Determination subject to 4 conditions; that the applicant notify the Conservation Office when they begin work, they notify the Conservation Office when the work has been finished, that all work be completed according to the plan dated July 10th and all the work is subject to the previous Orders of Conditions.
The motion was seconded and accepted with a vote of 7-0-0.
Public Meeting – Request for Determination – Island Road Water Main – Town of Franklin
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. Mike Maglio, Engineer of the DPW, and Mr. Deacon Perrotta, Water Superintendent, both appeared before the Commission for the installation of a new water line on Island Road.
Mr. Maglio provided the Commission members with a detailed overview of the plans for the project. He also requested that the filing fees be waived.
There was a motion to waive the fees. The motion was seconded and accepted with a vote of
6-0-1; 6 Yes, 0 No, 1 Abstention.
The proposed work will be similar to previous road work for the Sahlin Road project which was completed a few years ago. Mr. Maglio provided the Commission members with copies of the special conditions for the Sahlin Circle Water Line work. All of the work will fall within the limits of the existing pavement.
A Commission member asked what is the dewatering plan?
A special condition suggested was silt bags in the catch basins to be inspected weekly and after a significant rain event.
There was a motion to issue a Negative Determination for the Island Road Water Main subject to 6 conditions; notify the Conservation Dept. before the work starts, notify the Conservation Dept. when the work has been completed and the 3 additional conditions as specified on the Sahlin Circle Water Line permit subject to the amendment to #3 where we change the “or” to an
“and”. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - 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, Engineer of Pare Corporation, appeared before the Commission for the redevelopment of an existing high school with a new high school, associated fields and parking.
Mr. Chagnon stated that at the last meeting, the Commission members requested a copy of the Operations & Maintenance Plan which was included in the Stormwater Management Report.
The Commission continued the hearing so that a copy of this document may be obtained. This has been submitted.
Mr. Chagnon stated that all of the revisions to the plans which were requested from the Commission at the last meeting have been addressed.
Mr. Chagnon requested that the Commission close the public hearing with the condition that 1 finalized set of plans with the requested changes in it be submitted along with an updated Maintenance & Operations Plan with required notes from the Commission.
There was a motion to close the hearing and the Commission members provided notice that one of the conditions will be that the Commission will get a completed accepted set of plans with the changes that we discussed. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Discussion: 95 Chestnut Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for a discussion regarding a collapsed retaining wall located in the rear of the property. Mr. Nielsen stated that the wall needs to be repaired and requested that the work be conducted with a
Request for Determination filing.
The Commission members informed Mr. Nielsen that the applicant must file a Notice of Intent to conduct this work for the retaining wall.
Discussion: 828 West Central Street
Mr. Mark DePoto, Conservation Commission member, recused himself from this discussion.
Ms. Margaret Ranieri, property owner, Attorney John Touhig, and Mr. Bill O’Brien, a representative of Stop & Shop, all appeared before the Commission for the development of this site.
Attorney Touhig stated that there was a Superseding Order of Conditions issued for this site in the 1980’s and it is valid through December 2013. Some work has been done under this Order.
The Stop & Shop has plans to construct a fueling facility on this site.
A wetland scientist from VHB gave the Commission an overview of the plans for the site. The wetlands have been redelineated recently as well as the riverbank of Mine Brook to the rear of the site. There is no work proposed within 50 ft. of the wetlands.
Attorney Touhig asked the Commission how the applicant should proceed at this stage regarding conducting the work under the existing Superseding Orders of Conditions.
There is an Orders of Conditions which is valid to December 12, 2013 issued by DEP. There is no local permit as the Orders of Conditions was issued in 1988. Attorney Touhig questioned if the applicant needs to file for a local permit?
The Commission had concerns with this site being used for use as a gasoline station. Also, concerns were expressed regarding conducting work in the inner riparian zone of the riverfront as it is a sensitive area. The applicant should review the Riverfront Act as well.
The Commission will consult with Mark Cerel, Town Attorney, on this matter if the applicant is required to file with Conservation for a permit under the Local Bylaw.
Signed Determinations of Applicability
Determination of Applicability (Negative) 7 Penny Lane – Eastern Management
Determination of Applicability (Negative) Island Road Water Line – Town of Franklin
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 8:25 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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