Minutes of Meeting
August 28, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, D. Gill, P. Harrington, R. Pendkar, S. McLean, George Russell, Conservation Agent
Absent: S. Younis
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Amendment to Conservation Commission Rules & Regs. Section VI
Mr. George Russell, Conservation Agent, informed the Commission members that this hearing is to amend the regulations which require that the Chairman of the Commission cannot hold consecutive terms. The amendment is to eliminate this rule. This would be in conformance with all of the other land use bodies in the Town of Franklin.
There was a motion made by Ravi Pendkar on the Amendment to Conservation Commission Rules & Regulations Section VI. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
There was a motion made by Dayna Gill to approve the elimination of the changes to Section VI to the Rules & Regulations. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstention.
Election of Officers
There was a motion made by Dayna Gill to nominate Jeff Livingstone as Chairman and Paul Harrington as Vice-Chairman. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Public Meeting - Request for Determination – Grove Street Conduit – National Grid
Mr. Dan Herzlinger, Project Manager of TRC Environmental, and Mark Bristol, Project Manager for National Grid, both appeared before the Commission for the installation of 6 conduits.
Mr. Herzlinger gave the Commission a detailed description of the plans for the project. The work will be performed completely on the roadway. The open trenches will be covered overnight.
Mr. Russell recommended 2 stipulations of approval. One is that the Conservation Department be notified when the project starts. The second is that erosion control be installed and inspected by the Conservation Department prior to the start of construction.
There was a motion made by Paul Harrington to close the hearing. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to issue a Negative Determination of Applicability with the 2 stipulations made by the Conservation Agent; that his office be notified at the start of the project and that the Conservation Department inspect the erosion controls. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Meeting - Request for Determination – Forest Street Reconductoring – National Grid
Mr. Dan Herzlinger, Project Manager of TRC Environmental, and Mark Bristol, Project Manager for National Grid, both appeared before the Commission for the reconductoring of the distribution line.
Mr. Herzlinger gave the Commission members a detailed description of the project plans for their review.
There are 3 poles to be replaced within bordering land subject to flooding that are in Conservation jurisdiction.
Mr. Russell stated that he recommends the same 2 stipulations of approval as the Grove Street application. There is no scenic road permit required for this application.
There was a motion made by Paul Harrington to close the hearing. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to issue a Negative Determination of Applicability with the 2 stipulations that the Conservation Agent inspect the erosion control and be alerted of the project. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Public Meeting - Request for Determination – 418 Oakland Parkway – Kerr
Ms. Karen Kerr, the applicant, appeared before the Commission for the installation of a semi in-ground swimming pool. Ms. Kerr stated that she had her property delineated in 2003 for a swimming pool. This pool was never installed. She would like to instead install another 30 ft. pool within the buffer zone.
Mr. Russell requested that erosion control be placed around the pool and that the stockpile be kept outside of the buffer zone. He conducted a field investigation of the property and agreed with the delineation that was done in 2003.
There was a motion made by Scott McLean to close the hearing. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to issue a Negative Determination for 418 Oakland Parkway with the 3 stipulations that the Conservation Agent is notified at the start of the project,
that he inspect the erosion control prior to the start of work, and any stockpiled soil be taken off site. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Continued - Public Hearing – Amendment Request – 236 Daniels Street – Sprague – SE159-912
Mr. & Mrs. Robert Sprague, homeowners, appeared before the Commission for the addition of a retaining wall at the rear of their property.
George Russell, Conservation Agent, stated that at the last meeting, they requested that Ms. Sprague was to address plantings, trees to be taken down and the location of stockpiles on the site.
Ms. Sprague submitted a revised site plan depicting the shed location, the vegetation with Latin names and the stockpiling and length of the project. The details are listed in the construction sequence on the plan.
Mr. Russell recommended 3 stipulations be added to this amendment which are outlined in the Agent’s Report. The stipulations are that double row of erosion control measures be added and inspected, the Conservation Dept. be notified when the construction begins and ends and any stockpiles that remain for more than 30 days be seeded. There is also a net gain of 15 shrubs according to the Best Development Practices Guidelines.
There was a motion made by Dayna Gill to close the public hearing. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to approve the Amendment to the Orders of Conditions with the 3 stipulations that the double row of erosion control measures be added and inspected, the Conservation Dept. be notified when the construction begins and ends and any stockpiles that remain for more than 30 days be seeded. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street –
CE159-1066
The Commission Chairman stated that a letter has been received from the applicant requesting to continue the public hearing until September 11th.
There was a motion made by Dayna Gill to continue the public hearing until September 11th. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Continued - Public Hearing – Amendment Request – Villages at Oak Hill – 1000 Washington Street – CE159-921
The Commission Chairman stated that a letter has been received from the applicant requesting to continue the public hearing until September 11th.
There was a motion made by Scott McLean to continue the hearing until September 11th. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Certificate of Compliance: 1 Woodland Park - CE159-947
Mr. Russell informed the Commission that the site has been inspected and is in compliance. He recommended the issuance of the Certificate of Compliance. All of the missing reports have been supplied to the Conservation Department.
There was a motion made by Dayna Gill to issue the Certificate of Compliance for 1 Woodland Park. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Certificate of Compliance: 7 Spring Street - CE159-1013
Mr. Russell informed the Commission that the site has been inspected and is in compliance. He recommended the issuance of the Certificate of Compliance.
There was a motion made by Paul Harrington to issue the Certificate of Compliance for 7 Spring Street. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Discussion: Delcarte Wedding
George Russell, Conservation Agent, informed the Commission that a Franklin resident has requested to conduct their wedding ceremony at the DelCarte Conservation Area and would like to have their wedding permit approved by the Commission.
There was a motion made by Dayna Gill to issue a permit for the use of the Delcarte Conservation Area for the Monaghan wedding. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Minutes:
There was a motion made by Dayna Gill to approve the minutes of the July 31st, 2014 meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-1;
4 Yes, 0 No, 1 Abstention.
Violation: 860 West Central Street
Mr. Leonard French, the owner of the site, appeared before the Commission to address an Enforcement Order issued by the Commission. Mr. Russell informed the Commission that the Enforcement order required the restoration of the spilled sewerage that leaked into Mine Brook and also the submission of a permanent solution to the sewerage overflow problem. As of the meeting date, nothing has been submitted.
An envelope was submitted by Mr. French at the beginning of the meeting with a listing of dates where there was no observed sewerage overflow. The Agent pointed out this is not a permanent solution to the problem. Mr. Russell recently sent an email to Mr. Jim Clark, owner of Incontro Restaurant, requesting an update on the status of the conditions and plans for the site. He has received no response. Therefore, the Enforcement Order has not been complied with. There is raw sewerage going into Mine Brook.
Mr. French stated that Mr. Clark has been having the grease traps cleaned out. Mr. Clark did not appear at tonight’s meeting as requested by the Commission.
At the last Conservation meeting, Mr. French was requested to have a meeting with himself, Mr. Clark, the Town Engineer and some other Town officials. This meeting has not yet been scheduled.
The Commission members informed Mr. French that it is his responsibility to set up the above-mentioned meeting as soon as possible with Mr. French, Mr. Clark, the Building Inspector, the Town Engineer, the Health Department and the Conservation Agent to discuss what needs to be done on the site to remedy this issue and this needs to take place as soon as possible.
Mr. Russell will send Mr. French a letter outlining the above-mentioned requirements for him to undertake as soon as possible.
There was a motion made by Paul Harrington to extend the Enforcement Order on 860 West Central Street until September 25th. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Signed Determinations of Applicability, Certificates of Compliance & Amended Orders of Conditions
Amended Orders of Conditions – 236 Daniels Street – Sprague – SE159-912
Determination of Applicability (Negative) – Forest Street Reconductoring – National Grid
Determination of Applicability (Negative) – Grove Street Conduit – National Grid
Certificate of Compliance – 7 Spring Street – Trahan - CE159-1013
Certificate of Compliance – 1 Woodland Park – Kirk – CE159-947
Determination of Applicability – (Negative) 418 Oakland Parkway – Kerr
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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