Minutes of Meeting
October 30, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, 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.
Public Hearing – Notice of Intent – Off Eric Drive – Town of Franklin - CE159-1074
Mr. Michael Andrade, Engineer of Graves Engineering, appeared before the Commission for the reconstruction of the outlet control structure for the pond located off Eric Drive.
Mr. Andrade gave the Commission members a detailed overview of the plans for this project. The DPW is having a difficult time maintaining this culvert and keeping it clear and free from clogging. Therefore, there has been some flooding as a result of this.
Mr. Andrade gave the Commission a description of how this work will be done. The work will be performed slightly inside the wetland area. The impacts will be temporary and the area will be restored to its original condition.
Safety issue concerns were raised by the Commission members due to the nature of the work.
Mr. Russell recommended that this work be undertaken as there are safety issues at the present state.
There was a motion made by Ravi Pendkar to close the public hearing for the Notice of Intent for Eric Drive. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Paul Harrington to approve the Notice of Intent for Eric Drive. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 860 West Central Street – Clarke - CE159-1072
Mr. Bill Halsing, Engineer of Land Planning, appeared before the Commission for the repair of a sewer manhole and cleanup area at the Incontro Restaurant site.
The applicant for this project is the restaurant owner and not the owner of the property.
Mr. Halsing stated that the wetland scientist has visited the site and delineated the edge of Mine Brook as well as the associated bordering vegetated wetlands associated with it.
Mr. Halsing gave the Commission a detailed overview of the plans to correct the problems at the site.
The DPW has requested that a grease trap be installed at the site. They are proposing to replace the haybales with a compost sock as a siltation barrier.
Mr. Halsing stated that the applicant has requested to get the trench filled in before winter and start work on the manhole.
Mr. Russell stated that the applicant has met the conditions of the Enforcement Order and it has been complied with. He also stated that the proposal before the Commission tonight, according to the Town’s bylaw, will not work because of the grease trap issue.
Mr. Russell recommended that the applicant be allowed to close the trench and remove the erosion control barriers and do the restoration work. He recommended keeping the hearing upon pending further review and coordination with DPW.
The other option is to approve the Notice of Intent allowing the applicant to close up the trench, put the new cap on the manhole with the understanding that should the property owner come back in with an external grease trap which is required by law next to Mine Brook, it will require the filing of a new Notice of Intent.
There was a motion made by Scott McLean to allow the applicant at 860 West Central Street to fill in the current electric trench and to do the restoration work. The motion was seconded by SteveYounis and accepted with a vote of 5-0-0.
There was a motion made by Steve Younis to continue the Notice of Intent for 860 West Central Street until December 4th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 4 Georgia Drive – Nava – CE159-1071
Mr. Stephen O’Connell, Engineer of Andrews Survey & Engineering, appeared before the Commission for the construction of a single-family home. Mr. O’Connell gave the Commission members an overview of the project.
Mr. O’Connell stated that he has received comments from the Conservation Agent and has submitted a revised plan depicting these comments and all of these have been addressed. The proposed house will be located between 50’-100’ from the wetland line.
Mr. Russell informed the Commission that the applicant has responded to his comments adequately and has recommended some special conditions which are enumerated in his Agents’ report.
The driveway is located completely outside of the 100 ft. buffer zone.
There was a motion made by Paul Harrington to close the NOI for 4 Georgia Drive. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
There was a motion made by Steve Younis to approve the NOI for 4 Georgia Drive with the special conditions enumerated in the Agent’s Report. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – Adjacent to 108 Lincoln Street – Town of Franklin
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for the repair of a sidewalk and drainage outfall adjacent to 108 Lincoln Street. Mr. Mello gave the Commission members some background information on this project which will be conducted by the DPW.
There is reduced flow into the catch basins and debris is clogging the outfall. He described what is ongoing at the site presently for Commission review. He provided some photographs of the site so that the Commissioners may observe the present state and what needs to be done to correct the problem.
There was a motion made by Steve Younis to close the hearing for the RFD for 108 Lincoln Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion to issue a Negative Determination to 108 Lincoln Street to repair the sidewalk and drainage outfall. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 10 Bent Street – Page – CE159-1075
Mr. Greg Driscoll, Engineer of Jacobs Driscoll Engineering, appeared before the Commission for a septic system repair at a single-family house at 10 Bent Street.
Mr. Driscoll submitted revised plans to address the Conservation Agent’s issues and gave the Commission members a detailed overview of these revised plans. This project needs to be performed due to Title V requirements as the homeowner wishes to sell the home.
Mr. Russell recommended a number of special conditions to be added to this permit and these have been forwarded to the applicant.
Ms. Anna Dunn, an abutter of 845 Lincoln Street, requested additional information regarding this project and its potential impacts to the wetlands.
Mr. Jim O’Brien, an abutter of 14 Bent Street, raised concerns regarding the leaching field and how this will affect the water flow from the project.
Mr. Aldo Dunn, an abutter of 845 Lincoln Street, raised concerns if this construction will affect the Town well.
There was a motion made by Steve Younis to close the public hearing for the septic system repair at 10 Bent Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the NOI for the septic system at 10 Bent Street with the special conditions enumerated in the Agent’s Report. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Public Hearing- Abbreviated Notice of Resource Area Delineation – 1312 West Central Street – Acme Jazz – CE159-1076
Mr. Phil Cordeiro, a representative of Allen & Major Associates, appeared before the Commission to confirm the delineation of bordering vegetated wetlands.
Mr. Cordeiro provided the Commission members with an overview of the history of the project.
Mr. Russell has visited the site and issued a letter agreeing with the delineation submitted by the botanist. There were some comments from Mr. Russell which have been addressed by the applicant.
A file number has not yet been received from the DEP.
Mr. Russell stated that this is a 40B project and does not fall under the Local Bylaw; only the State regulations apply. Mr. Cordeiro stated that they will be filing a Notice of Intent under the State wetlands regulations after they have completed the Zoning Board of Appeals process.
There was a motion made by Steve Younis to continue the public hearing for the ANRAD for 1312 West Central Street to November 13th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 17 Echo Bridge Road – Herreilers – CE159-1068
Mr. Dan Bremser, Engineer of Hancock Associates, and Mr. Bruce Herreilers, the applicant, both appeared before the Commission for the removal of 5 trees.
The Commission has recently conducted a site visit of Mr. Herreilers property and had a discussion of their findings at the site walk. The applicant feels that these trees need to be cut down due to a safety issue by potentially falling on his house.
There was a motion made by Steve Younis to close the public hearing for 17 Echo Bridge Road. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion to approve the NOI for 17 Echo Bridge Road with the stipulation that the Conservation Agent be contacted at the beginning and end of the project. The motion was seconded by Scott McLean and accepted with a vote of 3-1-1; 3 Yes, 1 No,1 Abstention.
Continued - Public Hearing – Notice of Intent – 19 Echo Bridge Road – O’Rourke- CE159-1069
Mr. Dan Bremser, Engineer of Hancock Associates, and Mr. Thomas O’Rourke, the applicant, both appeared before the Commission for the removal of 7 trees.
Mr. Bremser stated that the trees are a safety issue to Mr. O’Rourke’s house.
The Commission has recently conducted a site visit of Mr. O’Rourke’s property and had a discussion of their findings at the site walk.
The matter of mitigation for the trees cut down was discussed to offset the loss of these trees.
Mr. O’Rourke stated that he would not grind all of the stumps from the trees taken down and described which of these stumps would be left in place.
A mitigation plan was requested by the Commission to be submitted by the applicant. Mr. Russell stated that he would like any shrubs to be planted for mitigation purposes be taken from the Best Practices Development Handbook.
Mr. Russell suggested a special condition requiring that a plan be submitted to the Conservation Office depicting the planting plan.
There was a motion made by Ravi Pendkar to close the public hearing for 19 Echo Bridge Road. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
There was a motion made by Ravi Penkdar to approve the NOI for 19 Echo Bridge Road with the special condition that the applicant submit a planting plan specifying which tree stumps will not be ground to the Conservation Agent’s satisfaction and obtain the approval of the Agent before the work starts. The motion was seconded by Steve Younis and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Abbreviated Notice of Resource Area Delineation- 70 Daniels Street - CE159-1070
Jeff Livingstone, Commission Chairman, recused himself from this public hearing.
Paul Harrington, Commission member, chaired this public hearing due to the fact that the Chairman recused himself.
Mr. Russell stated that the incorrect forms were originally submitted but now the correct forms have been submitted and reviewed.
The applicant was not present at tonight’s meeting. Mr. Russell stated that he has reviewed the wetland flags on the site.
There was a motion made by Scott McLean to close the public hearing for the ANRAD for 70 Daniels Street. The motion was seconded by Steve Younis and accepted with a vote of 4-0-1;
4 Yes, 0 No, 1 Abstention.
There was a motion made by Ravi Pendkar to approve the ANRAD for 70 Daniels Street. The motion was seconded by Scott McLean and accepted with a vote of 4-0-1; 4 Yes, 0 No,
1 Abstention.
Continued - Public Hearing – Amendment Request – 23 Hutchinson Street – FranklinTv - CE159-1040
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for revisions to the approved Orders of Conditions. Mr. Russell stated that these plans have been approved by several other Town boards and they are all in agreement with the final set of plans.
There was a motion made by Steve Younis to close the public hearing for 23 Hutchinson Street. 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 approve the NOI Amendment for 23 Hutchinson Street. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 127 King Street – Claremont Condominiums - CE159-1073
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the repair to the pool apron and pool located behind the Claremont Condominium complex.
Mr. Russell stated that this public hearing was continued due to the fact that a DEP file number was not received. It has now been received and he recommended closing the hearing.
Mr. Russell recommends some special conditions to be added to the permit which are enumerated in his Agent’s Report.
There was a motion made by Paul Harrington to close the public hearing for 127 King Street. 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 NOI for 127 King Street with the special conditions listed in the Agent’s Report. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Continued – Amendment Request – Villages at Oak Hill – 1000 Washington Street - SE159-921
Mr. Erik Bazzett, Engineer of Heritage Design Group, and Mr. Bruce Wheeler, a representative of Franklin Mews, the applicant both appeared before the Commission for changes to the building and parking.
Mr. Russell, Conservation Agent, informed the Commission members that the applicant had requested to continue the public hearing to determine if the Planning Board had any issues. At their recent meeting the Planning Board did not have any issues.
Mr. Russell recommended that the Commission add the special conditions as well as another paragraph regarding the wetlands mitigation for the site which are enumerated in his Agent’s Report to the permit and close the public hearing.
There was a motion made by Paul Harrington to close the public hearing for the amendment for the Villages at Oak Hill. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the Amendment for the Villages at Oak Hill with the special conditions listed and the additional special condition as enumerated in the Agent’s Report. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 8 Shady Lane
Ms. Jennifer Flanagan, the applicant, appeared before the Commission for an after-the-fact minor buffer zone activity for an above-ground swimming pool.
Mr. Russell informed the Commission that he was notified that this pool was constructed without a building permit. The pool has been there for many years and was constructed by a previous homeowner.
There was a motion made by Ravi Pendkar to approve the Minor Buffer Zone Activity at 8 Shady Lane for the presence of the pool. The motion was seconded and accepted with a vote of
5-0-0.
New Minor Buffer Zone Activity Application:
Mr. George Russell, Conservation Agent, presented the new Minor Buffer Zone Activity application in accordance with the Franklin Bylaw Chapter 181.
Mr. Russell explained the revisions to the application to the Commission members for their review.
There was a motion made by Scott McLean to adopt the new minor buffer zone activity application with the understanding that there will be an additional change to the front page as well. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Permit Modification: Amendment to DelCarte Canoe Launch/Boat Ramp
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for an amendment to the original Notice of Intent for the DelCarte canoe launch and boat ramp. Mr. Mello stated that the invasive species in the pond need to be removed. The area needs to be raked out and the invasive vegetation needs to be removed.
An ecological survey by way of a grant is being investigated by the DPW to manage the invasive species in the ponds.
There is some additional boardwalk needed to cross Pond#4. Some boards from the boardwalk need to be relocated. There is no BVW being disturbed in this process.
Mr. Russell recommended that this matter be addressed as an Amendment to the original NOI and a new NOI does not need to be filed. This Amendment could be heard at the next public hearing on November 13th.
There was a motion made by Paul Harrington to accept the DelCarte Boardwalk and Canoe Launch Installation work as an Amendment to the existing NOI. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Permit Modification: 880 West Central Street
Mr. Fred Wise, the property owner, appeared before the Commission to address an on-going issue at his property.
George Russell, Conservation Agent, gave the Commission members a brief history of the ongoing matters at Mr. Wise’s property. A detailed overview of this matter is enumerated in his Agent’s Report.
Mr. Wise stated that the original intent was to connect to Town sewer, improve the property by repaving and putting in a retention pond for runoff in the parking lot.
Mr. Wise informed the Commission that the contractor who will be doing the work will be able to connect into the sewer in April.
Mr. Russell stated that the agreement that was signed by the Conservation Commission, the Town of Franklin, and Mr. Wise requires a Notice of Intent to be applied for when the sewer is going in under the direction of the DPW. It is unclear as to whether the Enforcement Order has expired or not.
Mr. Wise must file a Notice of Intent for the work to take place in April 2015.
There was a motion made by Scott McLean that the Enforcement Order has expired for 880 West Central Street. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Minutes:
There was a motion made by Steve Younis to approve the minutes of the October 16th meeting with 4 corrections. The motion was seconded by Scott McLean and accepted with a vote of
5-0-0.
Signed Minor Buffer Zone Activity, Orders of Conditions, Determination of Applicability & Order of Resource Area Delineation
Minor Buffer Zone Activity – 8 Shady Lane – Flanagan
Order of Resource Area Delineation – 70 Daniels Street – Davis - CE159-1070
Orders of Conditions – Eric Drive – Town of Franklin – CE159-1074
Orders of Conditions – 4 Georgia Drive – Nava – CE159-1071
Orders of Conditions – 10 Bent Street – Page – CE159-1075
Amended Orders of Conditions – Villages at Oak Hill – 1000 Washington Street – SE159-921
Amended Orders of Conditions – 23 Hutchinson Street – Franklin Tv – CE159-1040
Orders of Conditions – 127 King Street – Claremont Condominiums – CE159-1073
Orders of Conditions – 19 Echo Bridge Road – O’Rourke – CE159-1069
Orders of Conditions – 17 Echo Bridge Road – Herreilers – CE159-1068
Determination of Applicability (Negative) 108 Lincoln Street – Town of Franklin DPW
Determination of Applicability (Negative) – 10 Garnet Drive - Galvin
There was a motion made by Steve Younis to adjourn the meeting. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
The meeting adjourned at 9:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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