Minutes of Meeting
January 10, 2013
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, M. DePoto, R. Willis, M. Allen, P. Stolfa, Associate Member
Absent: R. Ballantyne, J. Livingstone, A. Riordan, Associate Member, Michele Grenier, Conservation Agent
Ms. Michele Grenier’s Agent’s Report has been appended to the minutes.
GENERAL BUSINESS
Discussion: 105 Brook Street
Mr. & Mrs. John White, the homeowners, appeared before the Commission to answer to an anonymous complaint regarding some tree cutting.
Mr. White stated that a tree fell down on his house recently and was told by his insurance company to take it down. During the last hurricane, 4 trees came down which were infested by carpenter ants and the homeowner took these trees down. The trees are located approximately 10 ft. from the brook.
The Commission members will conduct a site walk of the property on Sunday, January 13th at 9 a.m.
The Commission will then give the homeowners some direction on how to proceed with the permitting requirements and requested that they appear at the next Conservation meeting on January 31st.
Certificate of Compliance: 3 Forge Parkway – CE159-1018
Michele Grenier, Conservation Agent, has visited the site and recommended the issuance of a Certificate of Compliance for this site. The site is in compliance with the as-built plan.
There was a motion to issue a Certificate of Compliance for 3 Forge Parkway but maintain the 3 perpetual orders of conditions in the original orders and also contingent upon the punch list of 8 items being completed by May 1st, 2013. The motion was seconded and accepted with a vote of
4-1-0; 4 Yes, 1 No, 0 Abstentions.
Public Hearing - Notice of Intent – Franklin Country Club – 672 E. Central Street - CE159-1041
Mr. John Thomas, a representative of Beals & Thomas, appeared before the Commission for the construction of a deck over a patio and storage area at the Franklin Country Club. Mr. Thomas gave the Commission a detailed overview of the plans for the project.
There are wetland resource areas as well as Uncas Brook located on the site. The storage room will lie below the deck. There will be a 260 sq. ft. increase in impervious area. The riverfront area extends to the front of the clubhouse.
The work area is all previously disturbed area.
A commission member stated that the plans depict straw wattles and the Commission prefers staked haybales for erosion control purposes.
A Commission member expressed concerns regarding phosphorus in the river.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion that the applicant has satisfied their burden of proof of no significant individual or cumulative adverse impact for this activity and that the Commission issue State and Local Orders of Conditions with 20 special conditions. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to reconsider the vote on the Orders of Conditions for the Franklin Country Club as the number of conditions was incorrect. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to issue Orders of Conditions for the Franklin Country Club with 1 special order of condition that they use haybales and the standard 18 state conditions and 15 Franklin conditions. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing - Notice of Intent – Franklin TV – 23 Hutchinson Street - CE159-1040
Mr. Ken Norman and Mr. Peter Fasiano, the applicants representing Franklin TV, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission for construction of an addition to an existing concrete building.
Mr. Nielsen submitted revised plans addressing the issues from the last meeting and the recent site walk by the Commission and gave a detailed overview of these plans.
Four parking spaces were eliminated and they will bring the proposed parking back to 16 spaces; which was approved by the Planning Board. This enabled the applicant to reduce the disturbance within the riverfront down to 3,000 sq. ft.
A raingarden for recharge and sediment forebay is being proposed for the site. There are some shrubs and trees to provide some enhanced habitat and some plant changes.
There will be snow storage located at the rear of the parking lot. The debris will be cleaned up from the riverfront area.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion that the applicant has satisfied their burden of proof with no significant individual or cumulative adverse impact and issue 41 orders of conditions; the 18 standard conditions for the State, 15 orders as standard for the Town and 6 special conditions as discussed:
- Remove soils off the site.
- Add 2 cultec units at the western portion of the roof
- The damaged trees along the western border of the site may be cut no further back from the street from the rear edge of the building at the applicant’s discretion.
- Mitigation for the trees cut must be performed; e.g. an oak or maple tree, in the same general area to provide restored vegetation and screening
- The Oriental Bittersweet may be cut manually in perpetuity.
- Move the snow storage area depicted on the plan towards the new rain garden.
The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Abbreviated Notice of Resource Area Delineation – Cook’s Farm - 636 & 664 East Central Street – CE159-1039
Mr.Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for confirmation of delineated areas, the riverfront area and bordering vegetated wetlands.
Mr. Nielsen stated that an orange test was done on site on Christmas Eve and none of the consultants were available. Mr. Nielsen submitted 10 copies of the report with issues relating to the ponds and USB ports containing 70 photos and 4-5 different videos along with a log of the photos.
Mr. Nielsen stated that all of the above information was provided to Art Allen, the Commission’s consultant. He requested that the Commission members review this information and review it and at the next meeting, he will give a brief powerpoint presentation on this material. Mr. Nielsen suggested that Art Allen is present at the meeting to obtain his input on the report.
There was a motion to continue the hearing until January 31st. The motion was seconded and accepted with a vote of 5-0-0.
Extension Permit: Lot 12 (#30) Stonehedge Road – CE159-990
The applicant submitted a letter requesting an extension permit to the Orders of Conditions for this lot for 3 years from February 11, 2013 to February 11, 2016. The original Orders of Conditions was issued on February 11, 2010.
The Commission members determined that this permit qualifies under the permit extension act and does not require that this extension permit be issued.
Minor Buffer Zone Activity: 31 Quince Island Road
Mr. Chris Campbell, the applicant, has requested to replace the existing 10’x20’ deck; and dig new 8 footings by hand. The new decking will be Trex composite decking (recycled plastic).
The work will take place approximately 65 ft. from the pond. The Commission requested that the excess soil be removed from the site.
There was a motion to issue a Negative Determination for 31 Quince Island Road with 4 conditions; that the applicant notify Staff at the beginning and completion of work, that the work be completed according to the plan and that any soils left over from excavation of the footings be removed off the site or out of jurisdiction. The motion was seconded and accepted with of vote of 5-0-0.
Minor Buffer Zone Activity: 32 Quince Island Road
Mr. Chris Campbell, the applicant, has requested to replace the existing 10’x20’ deck; and dig new 8 footings by hand. The new decking will be Trex composite decking (recycled plastic).
The work will take place approximately 65 ft. from the pond. The Commission requested that the excess soil be removed from the site.
There was a motion to issue a Negative Determination for 32 Quince Island Road with 4 conditions; that the applicant notify Staff at the beginning and completion of work, that the work be completed according to the plan and that any soils left over from excavation of the footings be removed off the site or out of jurisdiction. The motion was seconded and accepted with of vote of 5-0-0.
Signed Certificate of Compliance, Order of Conditions & Determinations of Applicability
Certificate of Compliance – 3 Forge Parkway – Hamilton Storage - CE159-1018
Order of Conditions – 23 Hutchinson Street – Franklin TV – CE159-1040
Determination of Applicability – Negative – 31 Quince Island Road – Kelly
Determination of Applicability – Negative – 32 Quince Island Road – Zahorsky
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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