Minutes of Meeting
March 6, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, R. Pendkar, M. Cataldo, S. Younis
George Russell, Conservation Agent
Minutes: There was a motion made by Marc DePoto to accept the minutes of the January 30th meeting. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-2;
5 Yes, 0 No, 2 Abstentions.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Minor Buffer Zone Activity: 30 Shady Lane
Mr. Doug Pearson and Mr. Brian Callahan, the applicants, both appeared before the Commission
for water runoff from the roof and addressed tying into leach pits which are already in place. The Commission members reviewed the plan depicting the proposed work.
Mr. Russell recommended approval of this project.
There was a motion made by Mark Cataldo to approve the Minor Buffer Zone for 30 Shady Lane. The motion was seconded by Marc DePoto and accepted with a vote of 7-0-0.
Public Hearing - Notice of Intent - Mass. Bay Commuter Rail Culvert Replacement - CE159-1059
Dayna Gill, Conservation Commission member, recused herself from this public hearing.
Ms. Jaime Walker, a representative of TRC, appeared before the Commission representing the Mass. Bay Commuter Railroad (MBCR) for culvert replacement at Milepost 28.64. Ms. Walker stated that a culvert needs to be replaced, which is located 300 ft. north of Public Works Way. It is an existing 3’x4’ box which will be replaced by a 54” round concrete pipe. There are 3 pipes feeding a culvert which goes into a stream. The construction will take approximately 36 hours.
The work will entail removing the railroad ties, excavating down to where the existing culvert is located, remove it and dewater. Before the dewatering, they will have to install a copper dam at the outlet to prevent any backflow into the culvert and to prevent any sediment migration into the wetland.
Once the work is stabilized the erosion controls, which will be compost socks and silt fencing, will be removed. The work area will be accessed on the tracks so there will be no impact to the resource areas. The only impact to the resource areas will be back where the riprap will be placed, 37 linear feet. The closest wetland is approximately 40 ft. from the culvert outlet and no work will take place in that area.
A Commission member requested that a silt barrier be constructed of 2 layers for added protection in the event of rain.
Mr. Russell informed the Commission of the issues outlined in the Agent’s report and he recommended that all erosion controls barriers be biodegradable.
There was a motion made by Mark DePoto to close the hearing for the Massachusetts Bay Commuter Rail Culvert Replacement. The motion was seconded by Paul Harrington and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
There was a motion made by Mark Cataldo to approve the application with the 18 standard conditions plus 3 special conditions, 20, 21 & 22 for the Mass. Bay Commuter Rail project. The motion was seconded by Marc DePoto and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Public Meeting – Request for Determination – Delcarte Conservation Area surrounding Ponds 3&4
Mr. Mike Maglio, Town Engineer, and Mr. Jay Mello, Assistant Town Engineer, both appeared before the Commission for trail clearing and maintenance work. Mr. Maglio gave the Commission members some background information on the project.
Mr. Mello provided the Commission members with a detailed update of the current trail conditions on the site and what will be performed to improve the quality of the trail network. He stated that there are 2 large areas of upland on the southeastern side of the ponds, which are where the trails are located.
The Commission Chairman stated that, in the interest of public safety, it would be better to have a trail that loops around rather than have a dead-end trail. Also, trails that are cleared of debris would be better for safety purposes. Mr. Mello stated that there will be no disturbance of bank.
Mr. Mello stated that the work will be performed entirely with hand tools. No trees will be cut down in conducting this work.
Mr. Mello stated that he will flag the locations where the work will take place and then he will contact Mr. Russell to look at the flags to ensure that he approves of everything to be done.
The Chairman asked when the work will start. Mr. Mello stated that he will be flagging the site within the next few weeks and then he will be cutting within a week or two after that; i.e., by April. The work will be completed in May or June. The DPW will be conducting this work.
Mr. Russell stated that there is another component to this project. There is a Franklin Charter School student who wishes to work with the Town staff to put up educational signage on this site.
Ms. Emma Goulet, Charter School student, was present at the meeting and she will be making the informational plaques for the trails as a community service project that she is undertaking for her school. Mr. Mello informed the Commission that Emma will be coming up some ideas and working with George Russell and himself on implementing these ideas.
Mr. Andy Tolland, a Pond Street resident, was present at the meeting and had some comments on this application for the Commission’s consideration. He read a letter addressing these comments and this letter has been added to the Conservation file.
The Commission Chairman raised concerns regarding the width of the trails; Mr. Mello stated that the widths will be 5 ft. wide; not 8 ft.
The Conservation Chairman also encouraged any new Commissioners who have not yet been to the property to visit it as soon as possible. A Commission member requested an accurate map to depict the location of the existing trails. The Chairman requested a plan depicting the trails in an as-is condition and a plan showing what the site will look like when the project has been completed.
The Commission Vice-Chairman asked Mr. Mello that before the next meeting, could the spurs be eliminated and the plan depict which trails will be widened. Mr. Maglio stated that they will flag it, represent it on another plan and give the Commission an opportunity to look at it.
There was a motion made by Marc DePoto to continue the DelCarte Conservation Area trail clearing and maintenance project to March 27th. The motion was seconded by Ravi Pendkar and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – 176 Cottage Street – Staniscia - CE159-1060
Mr. Mark Staniscia, the applicant, and Mr. Paul Cutler, Engineer of Landmark Engineering, both appeared before the Commission for the razing of two existing barns and construction of one in their place.
Mr. Cutler presented plans for the site to the Commission and provided them with a detailed background of the proposed work. He stated that there are 2 existing barns in the rear and the area is paved in between the existing barns. The proposed project is to raze the two existing barns and construct one barn in its place.
There is FilterMitt put up for erosion control purposes. The use of the barn will not change.
The project will be located within the outer riparian zone to the river. The stockpile area will be located in the front of the site away from the riverfront.
Mr. Staniscia informed the Commission that there will be drywells on every downspout.
Mr. Russell stated that he recommends that the erosion control barriers be inspected on a regular basis as the slopes on the site are very steep.
Mr. Russell also recommended that 8 Special Conditions #20, 21, 22, 25, 26, 27, 28 & 32 be appended to the Orders of Conditions.
Mr. Brent Bulock, an abutter of 17 Wachusett Street, raised concerns regarding noise on weekends due to the construction.
There was a motion made by Paul Harrington to close the hearing. The motion was seconded by Ravi Pendar and accepted with a vote of 7-0-0.
Continued - Public Meeting – Request for Determination – Delcarte Conservation Area, Playground & Recreational Area
Mr. George Russell, Conservation Agent, informed the Conservation Commission Chairman, that this application has been withdrawn by the applicant.
Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street - CE159-1053
Mr. George Russell, Conservation Agent, informed the Conservation Commission Chairman, that this application has been withdrawn by the applicant.
Permit Decision: 137 Mastro Drive
There was a motion made by Marc DePoto to issue Orders of Conditions for 137 Mastro Drive with 18 Standard conditions and 50 Special conditions. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
Discussion: 727 Washington Street
Mr. Russell informed the Commission members that there are a number of photographs depicting debris that has been deposited in the resource area on this site. The applicant has requested many continuances. Mr. Russell has previously instructed the applicant to not remove any more material.
The Commission members discussed Mr. Russell’s recommendation that the applicant must file a Notice of Intent no later than 4:00 p.m. April 3rd or to have a professional engineer or wetlands scientist contact the Conservation Agent to start the process by that date. Mr. Russell will send the property owner a letter attesting to this.
There was a motion by Dayna Gill to require the property owner of 727 Washington Street submit a Notice of Intent by close of business on April 3rd or have his professional engineer or wetlands scientist contact Mr. Russell by end of business on April 3rd. The motion was seconded by Paul Harrington and accepted with a vote of 6-0-0. Mark Cataldo, Commission member, had to leave the meeting earlier in the evening.
Discussion: Standard special conditions of approval
Mr. Russell presented the Commission members with a standard set of special conditions for review. Mr. Russell will finalize them and they will be put on the Conservation website.
Discussion: Findings of fact template
Mr. Russell presented the Commission members with this document so that if any decision is appealed in court, the Commission will have documentation that all items have been addressed properly under the Regulations and the date that this has been done. The items will be filled in by Conservation staff. The record will therefore adequately depict what the Commission did and how the applications met the regulations.
Discussion: Hearing attendance/actions
Mr. Russell stated that based on the Mullin rule, the Commission staff needs to know which members sat in on the applications and when. This is especially useful for an application that has had numerous continuances.
Certificate of Compliance: Lot 6-4 & Lot 6-5 Grace Lane - CE159-1023
Mr. Russell recommended that the above 2 Certificates of Compliance not be granted as the written engineer’s statement has not been received.
Certificate of Compliance: 348 East Central Street - CE159-992
Mr. Russell recommended that the above Certificate of Compliance not be granted as the Conservation Dept. is still waiting to receive some technical issues. The applicant has agreed to grant the 21-day extension.
Certificate of Compliance: 3 Peppermill Lane - SE159-932
Mr. Russell stated that he recommends the issuance of this Certificate of Compliance. The engineer’s certification has been received and he has conducted a site inspection and the site is in compliance with the original Notice of Intent.
There was a motion made by Ravi Pendar to approve the Certificate of Compliance for 3 Peppermill Lane. The motion was seconded by Marc DePoto and accepted with a vote of 7-0-0.
Signed Minor Buffer Zone Activity, Certificate of Compliance & Orders of Conditions
Minor Buffer Zone Activity (Negative) 30 Shady Lane - Callahan
Orders of Conditions – 137 Mastro Drive – Lewis - CE159-1058
Certificate of Compliance – 3 Peppermill Lane – Tedesco - SE159-932
Orders of Conditions – Mass. Bay Commuter Rail – Culvert Replacement – CE159-1059
There was a motion made by Paul Harrington to adjourn the meeting. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
The meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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