Minutes of Meeting
December 19, 2013
To: Town Clerk
cc: Members
File
Present: M. DePoto, D. Gill, R. Pendkar, S. Younis, M. Cataldo, George Russell
Conservation Agent
Absent: J. Livingstone, P. Harrington
Minutes: There was a motion to approve the minutes of the December 5th meeting. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Discussion: Lot 2 Silver Fox Road – William Ronca
Mr. William Ronca appeared before the Commission to discuss the matter of non-issuance of a Certificate of Compliance for this single-family house. The Certificate of Compliance was not issued at a previous meeting as the house was not constructed according to the original site plan.
The Commission had requested that Mr. Ronca file for an Amendment to the Orders of Conditions as there was a deck added to the house during construction and this was not depicted on the original plans.
Mr. Ronca appeared at tonight’s meeting to request that the Commission reconsider their vote to not issue the Certificate of Compliance. Mr. Ronca also submitted some photos of the house as well as the lot for the Commission to review. These have been added to the Conservation file.
Mr. George Russell, Conservation Agent, recommended that the applicant request an Amendment to the Notice of Intent.
There was a motion made by Mark Cataldo to file the formal Amendment, which would be the letter from the engineer and the As-Built plan to be acted on by the Commission and the Orders of Conditions released at the same meeting. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Public Hearing - Notice of Intent – 14 Garnet Drive – Pericolo
Mr. Edward Pericolo, the applicant of Pericolo Construction, appeared before the Commission for the construction of a single-family house. Mr. Pericolo stated that the house is being proposed to be located inside the 100 ft. buffer zone but outside of the 50 ft. buffer zone. There is a haybale line proposed on the plan. The driveway and the septic system are proposed outside of Conservation jurisdiction.
A Commission member informed Mr. Pericolo that the Commission does not look favorably on haybales.
George Russell, Conservation Agent, informed the Commission that he conducted a site inspection on December 4th and did not find any wetland flags at all. He contacted the engineer working on the site and informed him of this and also requested roof recharge details and the FIRM map that he was using may not be in compliance with the Town’s map. Mr. Russell forwarded his findings to the applicant’s engineer via email on December 4th but has not received any response.
Mr. Russell recommended that this public hearing be continued until the wetland lines are reflagged so that accurate verification of the wetland lines can be determined. Also, the wetlands need to be reflagged every three years as the wetland line can change and need to be redelineated. Mr. Russell informed Mr. Pericolo that after the wetland flags have been put up and clearly marked, he should contact the Conservation Office and he will reinspect the site.
There was a motion made by Marc DePoto to continue the public hearing until January 9th, 2014. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Public Meeting – Request for Determination – Beaver Street Sewer Interceptor – Town of Franklin DPW
Mr. Mike Maglio, Town Engineer, appeared before the Commission for sewer interceptor tree clearing along Beaver Streett. Mr. Maglio provided the Commission members with some background information on this project. The work has already been completed as an emergency project and the DPW was required by the Commission to file an after-the-fact Request for Determination.
Based on the above fact, George Russell, Conservation Agent, recommended the issuance of a Negative Determination.
There was a motion made by Marc DePoto to approve a Negative Determination. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
Public Meeting – Request for Determination – DelCarte Playground & Recreation Area – DPW
George Russell, Conservation Agent, informed the Commission that there was a defect in the legal notice that was published and based on the opinion of the Town Attorney, he recommended that this RDA be readvertised and continued until the January 9th, 2014 meeting.
There was a motion made by Marc DePoto to approve the change of the hearing for the DelCarte project. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Camp Haiastan- 722 Summer Street – CE159-1053
George Russell, Conservation Agent, informed the Commission that the Conservation Dept. has not received a letter for continuance from the applicant; only informally requesting to continue until the January 30th, 2014 meeting.
There was a motion made by Marc DePoto to continue the public hearing for Camp Haistian until January 30th, 2014. The motion was seconded by Mark Cataldo and accepted with a vote
of 5-0-0.
GENERAL BUSINESS
Discussion: Departmental Review
George Russell, Conservation Agent, informed the Commission that he has prepared a
Departmental Review form which is required by Local Wetlands Bylaw to be used in submission of new applications for NOI’s and RDA’s.
The Commission members were in agreement with the implementation of this form.
Discussion: Electronic pdf Submission
Mr. Russell informed the Commission that he is requesting that when an application is submitted, the applicant also would be required to bring a disk to the Conservation Dept. with a copy of this application. This would allow other Town officials to be able to obtain an electronic copy for review. In the case of a revision to the original plans, an additional disk would be required to be submitted by the applicant.
The Commission members came to the consensus that this procedure should be strongly encouraged to the applicant to facilitate their applications that they submit a digital copy.
Discussion: Sign-in Sheets
Mr. Russell informed the Commission that a sign-in sheet be used for all who attend the Conservation meetings to sign to attest as to who was in attendance at the meetings. The Commission members came to the consensus to implement this sign-in sheet on a trial basis.
Discussion: Violation Updates
Mr. Russell informed the Commission that the Conservation Dept. is following up on applications that have been approved and are outstanding and that have been pending for a lengthy period of time. Mr. Russell will keep the Commission apprised of what has transpired.
Signed Orders of Conditions
Determination of Applicability (Negative) - Beaver Street Sewer Interceptor
There was a motion to adjourn the meeting. 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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