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Conservation Commission Minutes - 12/04/2014








Minutes of Meeting
December 4, 2014

To:  Town Clerk
cc:   Members
        File


Present:  P. Harrington, R. Pendkar, S. Younis, S. McLean,
              George Russell, Conservation Agent

Absent:  J. Livingstone

Mr. George Russell’s Agent’s Report has been appended to the minutes.

Public Hearing – Amendment Request – 104 Populatic Street – LeBlanc - CE159-953
Mr. Thomas LeBlanc, the homeowner, appeared before the Commission to amend the Orders of Conditions for his property.  Mr. LeBlanc stated that he has requested this amendment so that he can complete the wall and steps that he is currently constructing on his property.

Mr. Russell stated that he also has an issue with the Orders of Conditions expiring before the end of the year but Mr.LeBlanc has requested an Extension which will be heard on the next agenda.

Mr. David Myers, an abutter of 99 Populatic Street, appeared at tonight’s meeting and informed the Commission members that he has no concerns regarding the work that Mr. LeBlanc is currently undertaking on his property.  Mr. Myers did express regarding the land across the street from the applicant and has an issue with Mr. LeBlanc parking his vehicles on the parcel across the street from his house and Mr. Myers claims that it is his property.  Mr.Myers stated that he does not want to be liable as the owner of this property for any activities that take place there. The Commission informed Mr. Myers that he is liable for any activities that take place on this land as the owner.



There was a motion made by Scott McLean to close the public hearing for 104 Populatic Street.  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.

There was a motion made by Steve Younis to approve the Amendment for 104 Populatic Street.  The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.

Public Hearing – Request for Determination – Town Forest on Summer Street – DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for trail clearing and maintenance work at the Town Forest.  This work will be performed by a Boy Scout under Mr. Mello’s supervision.

Mr. Mello gave the Commission a detailed overview of the plan for the forest.  This will be done via community service work by the boy scout who accompanied Mr. Mello at tonight’s meeting.

Mr. Mello presented the Commission members with a trail map of the forest and detailed the locations where the work will take place.  All of the activity will be to open up the trails that already exist on the property.

Mr. Mello stated that also there will be trail marking taking place and a kiosk as well to provide information regarding the site to any visitors to the property.

The trail that leads up to the well on the site will be abandoned  in order to keep foot traffic away from it.

Mr. Andy Tolland, a Franklin resident of Pond Street, expressed concerns regarding the pattern of the marking of the trails and requested to see the plan.

There was a motion made by Steve Younis to close the hearing for the Town Forest trail clearing and maintenance.  The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.

There was a motion made by Ravi Pendkar for a Negative Determination for the Town Forest on Summer Street trail clearing and maintenance.  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.

Continued – Amendment – DelCarte Conservation Area – DPW – CE159--1062
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for minor revisions to the Orders of Conditions for this site.  Mr. Mello provided the Commission members with a detailed overview of the plans for the project.

Mr. Mello informed the Commission that the amendment is for relocation of the boardwalk area to the shoreline on Pond 4 and the hydroraking of a small area by the canoe launch.

Mr. Mello gave the Commission members the details of the reasons as to why these changes to the site need to be made.  

Mr. Mello will give Mr. Russell, Conservation Agent, notice as to when this work will start.  


Mr. Russell stated that the method by which the boardwalk will be anchored will not impact the bank.  The only wetlands impact will be where the piers actually are dropped into the land under water bodies.  This work has already been permitted under the Orders of Conditions.

Mr. Andy Tolland, a Franklin resident of Pond Street, expressed concerns regarding the water chestnut on the site.  Also, the maintenance of the dock and playground area also is an area of  concern to him.  

Mr. Mello also stated that there is a large beaver problem at the DelCarte ponds.  He suggested hiring a trapper as they are causing damage to some of the trees on the site.

There was a motion made by Ravi Pendkar to close the hearing for the Amendment to the DelCarte Conservation Area.  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.

There was a motion made by Steve Younis to approve the Amendment for the changes at the DelCarte Conservation Area.  The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.

Continued – Notice of Intent – 860 West Central Street – Clarke - CE159--1072
Mr. Bill Halsing, Engineer of Land Planning, and Mr. Jim Clarke, the owner of the restaurant on the site, both appeared before the Commission for the repair of the sewer manhole and cleanup area on the site.

Mr. Halsing gave the Commission a detailed overview of the changes to the site.  The grease trap was the area of major concern at the last meeting and he is working with the DPW to get this approved and it will be located in the basement.

It is in the process of being approved by the DPW at present and should be reviewed in a few days.

Mr. Russell stated that he did receive a phone call from the Town Engineer indicating that he had met with the applicant and are reviewing the project.

Mr. Russell recommended that the hearing be continued until the final approval from the DPW and the Health Department is received.

There was a motion made by Scott McLean to continue the hearing for 860 West Central Street NOI until the December 18th, 2014 meeting.  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.






GENERAL BUSINESS

Certificate of Compliance:  Lot 15 The Woodlands – Partial – SE159-720
Mr. Russell informed the Commission members that the site is in compliance with the Orders of Conditions.

There was a motion to approve the Partial Certificate of Compliance for Lot 15 The Woodlands.  The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.

Certificate of Compliance:  835 West Central Street – CE159-922
Mr. Russell informed the Commission members that the original Notice of Intent was approved for 847 West Central Street which was approved  for the 99 Restaurant and the office building next to it.  Since that time, the parcel has been split.  The NOI should be a partial release for 847 West Central Street.

There was a motion made by Steve Younis to accept the partial release Certificate of Compliance for 847 West Central Street, Map 271, Parcel 024-000-000.  The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.

Discussion:  Emergency Certification – DPW, Beaver Street Interceptor Sewer  
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for a request for an emergency certification to repair the Beaver Street Interceptor on an emergency basis.

During regular inspections, it was determined that the culvert that runs under the interceptor is in bad need of repair.  There would be a large discharge of raw sewerage spilling into the nearby stream if it were to break.  The adjoining bank is also deteriorating as well and washing out.

This emergency repair needs to be done as soon as possible to avoid a catastrophy of this sort.  Mr. Mello gave the Commission members an overview of the work that needs to be done as soon as possible.

There was a motion made by Ravi Pendkar to approve the Emergency Certification for the Beaver Street Interceptor  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.

Discussion:  Land use/purchase
Mr. Russell gave the Commission an update of the foreclosed tax properties and the Town is moving forward with a number of properties.  There are 4 of these properties that will be coming before the Commission at the next meeting with valuation maps for Commission recommendation to the Town Council on how to deal with these properties.

Discussion:  Wetlands Account
Mr. Russell informed the Commission of the dollar amount currently in the wetlands account and this has been included in their packets for their information.




Discussion:  Bond Release 656 King Street
Mr. Russell stated that the applicant has requested the partial bond release for this site.  They gave us a $20,000 check for the mitigation areas and they are still working there.  The applicant has requested that $10,000 of this bond be returned to them.

There was a motion made by Scott McLean to release $10,000 of the $20,000 bond to 656 King Street.  The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.

Minutes:  
There was a motion made by Ravi Pendkar to approve the minutes of  November 13th, 2014.  The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.

Signed Emergency Certification Form, Certificates of Compliance, Orders of Conditions & Determination of Applicability
Emergency Certification Form – Beaver Street Sewer Interceptor  
Amended Order of Conditions - 459 Pleasant Street – CE159-1062
Certificate of Compliance – Lot 15 The Woodlands – Pentad Realty – SE159-720
Certificate of Compliance – 855 West Central Street - Oxford Realty - CE159-922
Determination of Applicability (Negative) – Town Forest – Summer Street
Amended Order of Conditions – 104 Populatic Street - LeBlanc

There was a motion made by Ravi Pendkar to adjourn the meeting.  The motion was seconded by SteveYounis and accepted with a vote of 4-0-0.

The meeting adjourned  at 8:30 p.m.

Respectfully Submitted,



Kathleen Celorier  
Conservation Secretary