Minutes of Meeting
September 11, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, D. Gill, P. Harrington, R. Pendkar, S. Younis, S. McLean, George Russell, Conservation Agent
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street –
CE159-1066
George Russell, Conservation Agent, stated that a letter has been received from the applicant requesting to continue the public hearing until September 25th.
There was a motion made by Paul Harrington to continue the public hearing for Camp Haiastan until September 25th. The motion was seconded by Dayna Gill and accepted with a vote of
6-0-0.
GENERAL BUSINESS
Certificate of Compliance: 348 East Central Street - CE159-992
Mr. Russell informed the Commission that the project is complete and all of the technical requirements have been met.
There was a motion made by Steve Younis to issue the Certificate of Compliance for 348 East Central Street. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
Violation: 104 Populatic Street
Mr. Thomas LeBlanc, homeowner, appeared before the Commission to address an Enforcement Order issued by the Commission. Mr. LeBlanc stated that he needed to construct a recharge for the water from the downspout and put in a Japanese maple in front of the stone wall; which has been planted. He was required to plant 5 Swamp Rose bushes and could not find them at several nurseries. He was offered some sister bushes that would be similar and sought the Commission’s approval on this.
Mr. LeBlanc also stated that he received a Stop Work Order for the wall he constructed and does not know which wall was referenced in this order.
George Russell, Conservation Agent, stated that a letter was sent to the property owner noting the project had expired, yet he received no response. A field inspection determined that a wall extension under construction was not on the original plan. This extension would require an amendment to the existing Notice of Intent.
The Chairman informed Mr. LeBlanc it was acceptable to plant a sister bush in lieu of what was required on the plan.
The project will expire in December and an extension should be applied for in order to continue with the work.
The Commission Chairman informed Mr. LeBlanc that he should decide what differences he would like to make on his current plan and have an amended plan drafted depicting the changes he would like to make. Mr. LeBlanc was advised to return to the next meeting to explain the new plan to the Commission, clearly depicting the before and after situations on the site.
Mr. Russell informed Mr. LeBlanc that the amended Notice of Intent must be kept current. Further the NOI will expire in December 2014 and must be presented to the Commission before January 1st, 2015 or he will have to submit a new Notice of Intent.
Mr. LeBlanc stated that he will appear before the Commission at the next meeting on
September 25th with the revised plan.
Mr. LeBlanc will meet with Mr. Russell in order to review this amended plan. Mr. Russell will send Mr. LeBlanc a letter outlining the above-mentioned matter.
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 October 16th.
There was a motion made by Steve Younis to continue the hearing for the Villages at Oak Hill until October 16th. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Discussion: DelCarte Pond Fish Survey
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission to discuss a pond fish survey at the DelCarte Conservation Area. Mr. Mello informed the Commission members that the kiosks will be put up in the spring by the Eagle Scout along with a trail map of the site. A girl scout would also like to construct a nature trail for kids at the site.
A Commission member asked if this work was to include the disc golf course. This can be observed on the Town of Franklin website. There is still some work to be done at this location which would be in the buffer zone and hence would require permitting. It could be done but would require crossing the marsh. This would require an engineered large scale project.
George Russell, Conservation Agent, stated that there is a large amount of debris in the Dacey Field and some help is needed to clean up some of the debris and maintaining the area. He requested permission from the Commission to seek assistance from the DPW Director with this removal. The Commission consensus was to enlist Mr. Russell to make this request.
Mr. Mello discussed the DelCarte Conservation Area and the ponds located there. The background of the ponds was discussed and the importance to retain both the wildlife nature of the site as well as attracting residents to enjoy it as naturalists. Educational purposes of the site were discussed.
Mr. Mello discussed the fish in the pond; no more large fish are in the pond and there is a large number of carp, which are an invasive species and a detriment to the pond. The eco system needs to be transformed into what it should be. There is also a large amount of vegetation in the pond which needs to be removed.
Mr. Mello discussed ways to accomplish a fish survey and provided the Commission with information on fish survey techniques and bass and vegetation management for ponds.
Mr. Mello also described methods for vegetation removal from the ponds, which is also important for the fish habitat located there. Mr. Mello has made arrangements with a party who has a drone to go up and take photographs of the ponds in their existing state. He means to submit a report of the present weed cover in mid-September.
Mr. Mello discussed restoring the bass fish in the ponds.
George Russell, Conservation Agent, stated that the big issue is that the vegetation will turn the pond into a dead water body if it continues to increase. The Recreation Department conducts hydroraking on a three-year cycle at Beaver Pond and recommended that an outline be prepared. Mr. Russell stated that we could outline a plan and investigate resources as to who could conduct this project. He also stated that he would like to work with Mr. Mello to develop a broad outline of what needs to be done, when and whom would perform it and return periodically to the Commission to discuss permitting and funding.
Mr. Mello also stated that if he removes vegetation from the pond, the cover will need to be restored. He described 3 methods to accomplish this.
Discussion: Release from Conditions
George Russell, Conservation Agent, informed the Commission members that the Commission has not been in total compliance with the release of conditions. He informed the members of the procedures in accordance with the regulations; the Commission must act within 21 days. He would like to request that the applicant hold submissions until a site inspection is conducted.
Mr. Russell noted there will be some cases where denial will be recommended such as when the applicant does not comply with all of the required items; i.e., filing fee and engineer’s certification. The Commission discussed the possible issues that could arise.
Discussion: Commission Rules & Regulations
George Russell, Conservation Agent, informed the Commission members that he has reviewed the rules and regulations at the request of the Commission. He has provided the members with a first draft of the major issues that should be addressed in these regulations. Any changes to these regulations must go through the public hearing process.
Mr. Russell explained some of the potential issues with the present rules, which need to be amended in the near future through the public hearing process. His recommendation is to advertise a public hearing for the meeting on October 16th thereby providing adequate notice to fulfill legal requirements.
Mr. Russell requested that the Commission review the draft he has forwarded to them and reply to him in writing within a week with any additions, deletions, corrections or any other issues that they would like him to make.
A discussion ensued regarding meeting the statutory deadline of advertising a Notice of Intent as well as the advertising for an RDA.
Mr. Russell requested that the Commission give him approval to go forward with the legal ad for the public hearing on the rules and regulations amendments and he requested that any changes they would recommend be forwarded to him. The Commission Chairman requested that Mr. Russell forward any changes in word document form using the change tracking feature.
Minutes:
The acceptance of the minutes of the August 28th meeting was continued until the next meeting on September 25th.
Comment:
Dayna Gill tendered her resignation from Con Com. The Commission Chairman thanked Dayna Gill, Commission member, for her efforts and contributions to the Conservation Commission.
Signed Certificate of Compliance
Certificate of Compliance – 348 East Central Street – Big Y Foods - CE159-992
There was a motion made by Steve Younis to adjourn the meeting. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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