Minutes of Meeting
November 13, 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 – Amendment Request - DelCarte Conservation Area – DPW CE159-1062
The Conservation Agent, George Russell, informed the Commission that the applicant is the Town of Franklin DPW and he was informed by email that the Assistant Town Engineer, who was scheduled to present this project, is out of town. He has requested a continuance of the public hearing until the next scheduled meeting on
December 4th.
There was a motion made by Paul Harrington to continue the DelCarte public hearing until December 4th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – 470 Maple Street – Grillo
Mr. Dennis Grillo, the applicant, and Mr. Vincent Forte, Berkshire Environmental Services, both appeared before the Commission for the removal of an existing deck and construction of a family room at his residence. Mr. Forte informed the Commission members that he performed the wetland delineation for the project. Mr. Forte stated that the plan is to remove the deck, put in the foundation and construct a family room. The project is within the 50’-100’ buffer zone.
The soil will be removed from the site and brought back in for backfilling so as not to stockpile it on the site during the construction. There will be waddles used for erosion control purposes.
The Commission Chairman stated that the RDA filing is for a minor project and this project does not comply with an RDA. This type of project has always required a Notice of Intent.
George Russell, Conservation Agent, recommended that a NOI should be filed for a project of this magnitude and outlined some of the legal requirements for this type of filing.
There was a motion made by Ravi Pendkar to close the hearing for the RFD for 470 Maple Street. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean for a Positive Determination for the RDA for 470 Maple Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Continued – Public Hearing - ANRAD – 1312 West Central Street – Acme Jazz - CE159-1076
George Russell, Conservation Agent, stated that at the last meeting, the hearing had been kept open until the DEP file number had been received. It has been received and he recommended that the hearing be closed and the ANRAD be approved.
There was a motion made by Ravi Pendkar to close the public hearing for the ANRAD for 1312 West Central Street. The motion was seconded by Steve Younis and accepted with a vote of
5-0-0.
There was a motion made by Ravi Pendkar to accept the ANRAD for 1312 West Central Street. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Certificate of Compliance: 7Ainsley Drive – SE159-165
Mr. George Russell, Conservation Agent, stated that this is a very old NOI and never had the Orders released. Mr. Russell has inspected the site and it is in compliance.
Mr. Russell recommended that Certificate of Compliance be granted by the Commission.
There was a motion made by Steve Younis to release the conditions and issue the Certificate of Compliance for 7 Ainsley Drive. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Certificate of Compliance: 13 Haverstock Road – CE159-1063
Mr. George Russell, Conservation Agent, informed the Commission members that the site is in compliance with the Orders of Conditions and recommended the release of conditions.
There was a motion made by Steve Younis to release the conditions and issue the Certificate of Compliance for 13 Haverstock Road. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Discussion: 656 King Street
Ms. Karon Skinner Catrone, Wetland Scientist, appeared before the Commission and submitted a report stating the status of the plantings on the site. A discussion regarding the plantings for the site ensued. Ms. Catrone gave the Commission an update of the condition and status of the plantings at the present time.
The maintenance of the replication area was also discussed. Ms. Catrone also stated that the owner of the site has requested that he does not have to continue to maintain the smaller plants as they are not surviving at this time.
Mr. Russell informed the Commission that this report is viable so long as the maintenance is done and recommended that the Commission accept the report submitted by Ms. Catrone.
There was a motion made by Paul Harrington to approve the planting plan based on the October 20th, 2014 report for 656 King Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0
Discussion: Environmental Trust Grant
Mr. George Russell, Conservation Agent, informed the Commission members that the funding from the Environmental Trust would be to hire a consultant to do a complete inventory of the aquatic health of the ponds at the DelCarte Conservation Area and develop an O&M plan. The wetlands filing fees could be used to match the funding for the grant.
There was a motion made by Paul Harrington that if the Environmental Trust Grant for the study of the DelCarte Recreation Area is approved, the Franklin Conservation Commission hereby approves the expenditure of $4,000 from the wetlands filing fee account as a matching component. Said use of funds is deemed in compliance with the provisions of the Act since it would allow the Commission to carry out its duties under the Act; duties in this case being able to effectively evaluate the water bodies at DelCarte for both future applications and true conservation in protecting the resource. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Discussion: Use of Wetland Filing Fees/Minutes
George Russell, Conservation Agent, informed the Commission members that the transcribing of the Conservation minutes in the Conservation Office are taking a tremendous amount of time due to the lengthy meetings. Mr. Russell stated that he would like to have authorization on an as-needed basis to use the wetlands filing fee account to engage the services of someone to transcribe and produce the minutes.
The Commission members requested that Mr. Russell find out the amount of funds available in the wetlands fee account at present. Mr. Russell will contact the Comptroller’s Office to obtain this amount.
It was also requested by the Chairman the current status of the Public Land Use Committee at the present time and could it be brought into the Conservation Commission.
There was a motion made by Scott McLean to allow the Conservation Agent to use the wetlands fees for hiring a part-time assistant to help with the minutes as needed. The motion was seconded by Steve Younis and accepted with a vote
of 5-0-0.
Discussion: 2015 Conservation Meeting Schedule
There was a motion made by Steve Younis to accept the 2015 Conservation Commission Meeting Schedule. The motion was seconded by Scott McLean and accepted with a vote
of 5-0-0.
Discussion: 84 Palomino Drive
Mr. Jeff Nutting, Town Administrator, and Mr. V. Garrepalli, homeowner of 84 Palomino Drive, both appeared before the Commission for a discussion of tree removal at Mr. Garrepalli’s residence.
Mr.Nutting informed the Commission that a former Conservation Agent gave Mr. Garrepalli incorrect information in writing regarding the wetlands on his property.
He was informed that there were no wetlands on his property and he proceeded with work; i.e., cutting down several trees.
George Russell, Conservation Agent, visited the site after receiving complaints from the neighbors regarding tree cutting on the property and he visited the site and determined that it was a wetland.
Mr. Garrepalli was advised to have a wetland scientist visit his property and provide him with a wetland delineation that he could use for any future work that he proposes to do on his property.
Mr. Russell stated that nothing has to happen as long as no work takes place.
The Commission members came to the consensus that Mr. Garrepalli is not required to have a wetland delineation done as long as he does no more work on his property.
Minutes:
There was a motion made by Paul Harrington to approve the minutes of the October 30th meeting with 1 correction. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Signed Certificates of Compliance, Determination of Applicability & Order of Resource Area Delineation
ORAD - 1312 West Central Street – Acme Jazz – CE159-1076
Certificate of Compliance – 7 Ainsley Drive – Rucki – SE159-165
Certificate of Compliance – 13 Haverstock Road – Connolly – CE159-1063
Determination of Applicability (Positive) – 470 Maple Street – Grillo
There was a motion made by Scott McLean to adjourn the meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
The meeting adjourned at 8:20 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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