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Conservation Commission Minutes - 01/30/2014






Minutes of Meeting
January 30, 2014

To:  Town Clerk
cc:   Members
        File


Present:  J. Livingstone, M. DePoto, P. Harrington, D. Gill, S. Younis, George Russell,
               Conservation Agent

Absent:   R. Pendkar, M. Cataldo   
               

Minutes:  There was a motion made by Marc DePoto to modify the minutes with the new changes and accept them with the amendments in the agent’s report so noted.  The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.

Mr. George Russell’s Agent’s Report has been appended to the minutes.

Certificate of Compliance:  Lot 3 Cotton Tail Lane - SE159-590
Mr. Russell informed the Commission that he has conducted a site visit of the property and recommended the issuance of the Certificate of Compliance.

There was a motion made by Marc DePoto to accept the Certificate of Compliance for Lot 3 Cotton Tail Lane.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

Certificate of Compliance:  Delcarte Dam - Town of Franklin – CE159-1034
Mr. Russell informed the Commission that the Delcarte Dam is completed and is has also been approved and released by the Office of Dam Safety.

There was a motion made by Marc DePoto to accept the Certificate of Compliance for the Town of Franklin Dam Structure at Delcarte Conservation Area.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

Discussion:  Site Walk Forms
Mr. Russell stated that this discussion is being held during the Workshop that the Town Attorney will be conducting during the Planning Board meeting scheduled on February 10th.

The Chairman stated that the Commission members will continue to use the site walk forms with the understanding that when we are making the notes, that it is understood that they become part of the public record.  The site walk forms will be finalized after the workshop with the Town Attorney so that his comments may be incorporated.

Continued - Public Meeting – Request for Determination – Delcarte Conservation Area, Playground & Recreation Area – Town of Franklin DPW
The Conservation Chairman stated that a letter has been received from the Town Engineer dated January 28th, 2014 requesting that the hearing be continued until the next meeting on February 13th.

There was a motion made by Marc DePoto to continue the hearing for the Delcarte Conservation Area, Playground & Recreation Area until February 13th.  The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.

Continued - Public Hearing – Notice of Intent – 14 Garnet Drive – Pericolo - CE159-1057
Mr. Paul Cutler, Engineer of Landmark Engineering, and Mr. Edward Pericolo, the applicant, both appeared before the Commission for the construction of a single-family house.

Mr. Cutler submitted revised plans for the Commission members review and gave a detailed description of these plans.  Mr. Cutler stated that the size of the deck has been revised from a 14’x14’ to a 12’x16’ deck to be located in the same area as in the original plan.  

Mr. Russell stated that the changes to the plan as outlined by the applicant are extremely minor in nature and has no concerns regarding this change.

A Commission member requested that every 50 ft. placards should be placed on the trees to indicate a no-disturb area.

The Commission Chairman read into the record an additional 3 special conditions which will be appended to the Orders of Conditions.  

There was a motion made by Paul Harrington to close the hearing for 14 Garnet Drive. The motion was seconded by Marc DePoto and accepted with a vote of 5-0-0.

There was a motion to accept the Notice of Intent with 27 special conditions; the Conservation Agent shall be notified when the work starts, when the work is completed and the work must be conducted according to the plan.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.




Continued - Public Hearing – Notice of Intent – 137 Mastro Drive – Lewis - CE159-1058
Mr. Bruce Wilson, Engineer & Principal of Frank Waterman Associates, Mr. Danny Lewis, the applicant, and Mr. Russ Waldron, Wetland Scientist of AES, all appeared before the Commission for the construction of a house, barn and erect livestock fencing at 137 Mastro  Drive.  

Mr. Wilson submitted revised plans and provided the Commission with a detailed overview of these plans.  He stated that he and Mr. Waldron conducted a stream study and determined that the area is not sufficient enough to support the fact that it is a perennial stream by definition.  He has also determined that the culvert is sufficient in size to handle the flow of water.  

A Commission member stated that he observed some flow to the river and also debris deposited in the river.  There is a white oak tree located in close proximity to the replication area; he questioned as to if it will be preserved?  Mr. Waldron stated that the mature trees close to and in the replication area will be preserved.

Mr. Russell informed the Commission that all of the engineering issues from the Town Engineer have been addressed and they meet standard engineering practice.

A Commission member expressed concerns regarding the width of the driveway – it is shown as 16 ft. going over the wetland.  The Commission Chairman stated that it might be necessary to have a wider driveway to move larger vehicles into the area; i.e., horse trailers and fire protection vehicles as well.

Mr. Kevin Collins, an abutter of 14 Woodhaven Drive, questioned as to where the hydrants will be located.  The Building Department will address this matter.   

A Commission member questioned what is the direct replication size?  Mr. Wilson stated that it will be 4,900 square feet in dimension.

Mr. Mark Kiewit, an abutter of 143 Mastro Drive, expressed concern regarding the width of the driveway.  He also expressed concern that the width of the culvert will not be able to handle the high water runoff in the spring and summer.

The Chairman stated that the Commission can only address the issues in Conservation jurisdiction, i.e., the driveway and the surrounding wetland buffer zone.

There was a motion made by Dayna Gill to close the hearing for 137 Mastro Drive.  The motion was seconded by Marc DePoto and accepted with a vote of 5-0-0.





Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street - CE159-1053
The Conservation Chairman stated that a letter dated January 28th has been received from the applicant’s representative requesting that the hearing be continued until February 13th.  

There was a motion made by Marc DePoto to continue the hearing until February 13th.  The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.

Discussion:  727 Washington Street
Mr. Russell informed the Chairman that a request was received from the applicant to continue this discussion until the next meeting on February 13th.

Signed Certificates of Compliance & Orders of Conditions
Orders of Conditions – 14 Garnet Drive – Pericolo Construction – CE159-1057
Certificate of Compliance – Lot 3 Cotton Tail Lane - Ronca – SE159-590
Certificate of Compliance – Delcarte Dams – Pleasant Street – Town of Franklin - CE159-1034

There was a motion made by Marc DePoto to adjourn the meeting.  The motion was seconded by                                     Paul Harrington and accepted with a vote of 5-0-0.

The meeting adjourned at 8:20 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary