TO: Franklin Conservation Commission
FM: George Russell, AICP
Conservation Agent
RE: Agent’s Report
DATE: July 29, 2014
1.0. PROJECTS
1.1. RDA 15 Mary Ann: This activity was undertaken prior to any permit being approved and a violation notice was issued by my office. (Copy below). The property owner has stopped all activity and stabilized the slopes with wood chips and grass. The activity is within the 25’ buffer.
1.2. Permit modification, 236 Daniels: There was originally a request for a release from conditions for this lot in April 2014. A file inspection revealed significant erosion issues and the property owner was so informed. The property owner is requesting the instant modification to not only address the erosion issues but to modify the rear of the lot. Should the modification be approved, when the work is complete and the appropriate certifications received, the release can be granted.
I would recommend that new, biodegradable erosion controls be put in place and inspected and approved by my office prior to any commencing any site work and this should be a condition of the approval.
1.3. NOI Camp Haiastan, 722 Summer Street: Revised plans were submitted on 7/24/14. There is still no buffer shown from Uncas Pond and the Commission may want to add a stipulation that no work shall take place in any jurisdictional or buffer area around the pond. The silt fencing needs to be removed from the erosion control detail for the access road on sheet 4 of the plans. I would recommend that the following stipulations be added to any approvals: 20-35 and 44-50.
1.4. NOI Amendment, 14 Garnet: I have met with the applicant after the Commission meeting concerning the amendment and the mitigation that was raised by the Commission. The area that the property owner wants to fill and the number of trees to be removed have been significantly reduced. The mitigation proposed is not a straight 1:1, but there are proposed “new” trees adjacent to the wetlands south of the already approved lawn.
1.5. NOI Amendment Oak Hill Village, 1000 Washington St.: No additional material has been submitted, including the “missing” reports.
2.1. Minor buffer Zone Activities
2.1.1. 10 Nickolas: The entire lot is within a buffer zone, either to the wetlands or the riverfront. However, the proposed deck addition will only impact a small land area for the piers. I would recommend that should the MBZA be approved, that a condition be added that erosion control be installed and inspected by my office prior to the start of any construction.
2.2 Permit modifications/extensions
2.2.1. See item 1.2 above.
2.3. Certificate of Compliance
2.3.1. Lots 6-4 & 6-5 Grace Lane: The engineer’s certification for these lots has been received and a filed inspection was undertaken on 7/15/14. All is ready for a partial release for these two lots only. A full release from the overall NOI is not warranted since all of the work undertaken under his permit is not yet complete and we have not yet received the engineer’s certification for the work on lot 6-3.
2.3.2. 656 King St.: We have not received any additional information since the last meeting. In addition, the silt fencing is still in place.
2.4. Discussion items
2.5. Minutes
2.6. Violations:
- Chair and Commission Comments
4.0 EXECUTIVE SESSION
May 13, 2014
Ms. Kathleen O’Brian
15 Mary Ann Drive
Franklin, MA 02038
Re: Clearing/filling of an area under Conservation jurisdiction-15 Mary Ann Drive, Franklin
Dear Ms. O’Brian:
The Franklin Conservation Commission was informed of land clearing activity on land possibly within Conservation jurisdiction on of your property at 15 Mary Ann Drive. I visited the area on May 13, 2014 at 10:00 AM and observed clearing, filling, tree cutting, an unstable slope and the placement of stone and a trailer. I left my card with the woman who answered the door.
This work is a violation of the local wetlands protection bylaw, as well as the state statute, M.G.L. c. 131 §40, both of which prohibit the alteration of any land in an area under the jurisdiction of the Conservation Commission without first obtaining a permit from the Conservation Commission. The area of work is within the jurisdiction of the Conservation Commission.
Therefore, no more activity can take place in this are, and this letter should be considered a STOP WORK ORDER. A permit application, which may need to include a restoration plan, must be applied for and granted for the alteration/restoration of this area. The type of permit will be dependent on the activity you intend to undertake. You must contact my office as soon as possible, but no later than May 28, 2013 to determine the level of permitting necessary. Failure to promptly apply for this permit will result in additional action from my office.
If you wish to speak to the Commission prior to filing the application, please forward a letter or e-mail requesting this and we will put you on the next available agenda. In the meantime, if you have any questions, please feel free to contact the Conservation Department at 508-520-4929 or by e-mail. The office is closed on Fridays.
Sincerely,
George Russell, AICP
Conservation Agent Town of Franklin
cc: Conservation Commission
Gus Brown, Building Commissioner/Zoning Enforcement Officer
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