Minutes of Meeting
May 16, 2013
To: Town Clerk
cc: Members
File
Present: R. Ballantyne, A. Tolland, M. Allen, J. Livingstone, Michele Grenier, Conservation
Agent
Absent: R. Willis, J. Fournier. M. DePoto, P. Stolfa, Associate Member, A. Riordan, Associate Member
There was a motion to accept the minutes of the May 2nd meeting. The motion was not seconded.
Ms. Michele Grenier’s Agent’s Report has been appended to the minutes.
GENERAL BUSINESS
Minor Buffer Zone Activity: 62 Partridge Street
Mr. Robert Hennessey, the homeowner, appeared before the Commission for the construction of a 21’ above-ground pool. Mr. Hennessey stated that he will not use chlorine in the pool and asked the Commissioners for recommendations on filter systems. The Commission recommended a closed cartridge filtering system with no backwashing.
There was a motion to issue a Negative Determination subject to 6 conditions; the Conservation Agent must be notified at the start of the work, the Conservation Agent must be notified when the work has been completed, the work must be conducted according to the plan, the filtration system in the pool must be a non-backwashing, the sanitation system shall be non-chlorine, and the soils excavated from the construction phase must be removed from the site. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing - Notice of Intent – 19 Colt Road – Maliff - CE159-1048
Ms. Karon Skinner, Wetland Consultant, and Ms. Charlotte Maliff, the homeowner, both appeared before the Commission for the construction of a pool, shed, walkway and 16’x20’ deck and swimming pool.
Ms. Skinner informed the Commission that this is an after-the-fact filing for some work that has already been done. The footings for the deck have not yet been poured.
A Commission member pointed out some incomplete items in the Notice of Intent application to the applicant that need to be corrected. There was no functions and characteristics statement submitted and they completely failed to satisfy their burden of proof.
Another Commission member informed the applicant that some of the Notice of Intent application needs to be rewritten. Some suggestions were made as to the revisions that need to be made:
- A construction sequence is also needed to be added to the filing.
- Some shrub mitigation was requested in the bottom left corner of the property.
- Where will the excavated soil from the footings be placed; it should be moved out of Conservation jurisdiction.
- There is nothing in the application addressed regarding the pool, language is needed regarding the filtration for the pool; it needs to be non-chlorine with no backwashing.
- The deck needs to be composite material and pressure treated framing.
There was no one in the audience for this public hearing.
Michele recommended that a site walk be conducted by the Commission members.
The Commission will conduct a site walk on Tuesday, May 28th at 6:30 p.m.
There was a motion to continue the public hearing until the May 30th meeting. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing - Notice of Intent – Interstate 495 Right-of-Way – Mass DOT – CE159-1047
Ms. Kristen Kent, Wetland Scientist, and Mr. Erik Monkiewicz, both of VHB, Inc, both appeared before the Commission representing Mass DOT for the resurfacing and stormwater improvements on Interstate I-495.
Mr. Monkiewicz gave the Commission members a detailed background of the work that Mass DOT is planning to be conducted on I-495. There are additional stormwater features being proposed that will improve the water quality of Mine Brook.
Ms. Kent gave the Commission a description of a series of stormwater improvements that are being proposed from the Bellingham/Franklin town line to Beaver Street. All of the work will be performed within the previously disturbed right-of-way and erosion controls are proposed. Some work will be conducted in the buffer to the BVW.
Mr. Monkiewicz stated the work will be conducted in the fall of 2013. He gave an overview of the stormwater maintenance work proposed for the project.
It was questioned by the Commission members as to why there is neither a date nor an engineer’s stamp on the project plans. Ms. Kent stated that the plans will go through some minor revisions before they are finalized. They said that they would submit a final set of copies to the Commission.
There were some questions from the Commission regarding the species of plantings and survivability being proposed for this project. The best practices for planting were suggested by a Commission member.
Michele Grenier informed the Commission that the plantings being proposed are located outside of the buffer zone; i.e., outside of Conservation jurisdiction.
There was discussion regarding the deletion of special condition #21 requiring the submission of
an as-built plan and the addition of a condition requiring the submission of a complete set of plans before the work commences.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion that the applicant has satisfied their burden of proof and issue a State permit with 23 orders of conditions. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing - Notice of Intent – Lincoln Street Bridge Repairs – Town of Franklin - CE159-1044
Mr. David Pellagra, Engineer of Tetra Tech, appeared before the Commission for the repair of an existing bridge to address scouring and undermining of bridge abutments.
Mr. Pellegri informed the Commission that he has appeared before the Medway Conservation Commission and this project was approved with a condition that someone from the Town be present when the grout is being poured and stabilization of the surfaces after the trees are removed and they closed their hearing.
There was discussion regarding a special condition requiring that aquatic safe herbicides must be used if applied.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion that the applicant has satisfied their burden of proof and issue State and Local permits with 24 orders of conditions. The motion was seconded and accepted with a vote of 4-0-0.
Extension Permit: Beaver Pond Hydro raking – Town of Franklin - CE159-940
Mr. Ryan Jette, Recreation Director, has submitted a request for an Extension Permit to the Orders of Conditions for the hydroraking at Beaver Pond. The Orders of Conditions was originally issued in 2007. There is a special condition in the Orders to allow the hydroraking in perpetuity.
There was a motion to issue an Extension Permit for the Beaver Pond Hydroraking for 3 years. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to issue an Extension Permit with a special condition that there is no requirement for a Certificate of Compliance and that the annual hydroraking and removal of the debris within 10 days is the condition in perpetuity. The motion was seconded and accepted with a vote of 4-0-0.
Permit Decision: Franklin Innovation Center – 31 Hayward Street – CE159-1045
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion that the applicant has satisfied their burden of proof and issue Local and State permits with 29 orders of conditions. The motion was seconded and accepted with a vote of 4-0-0.
Signed Extension Permit, Orders of Conditions & Determination of Applicability
Determination of Applicability (Negative) - 62 Partridge Street - Hennessey
Order of Conditions – I-495 Resurfacing – Mass. DOT - CE159-1047
Order of Conditions – Lincoln Street Bridge – Town of Franklin - CE159-1044
Order of Conditions – Franklin Innovation Center – 31 Hayward Street – CE159-1045
Extension Permit – Beaver Pond – Town of Franklin Recreation Dept. – CE159-940
There was a motion to adjourn. The motion was seconded and accepted with a vote of 4-0-0.
The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
