Franklin Conservation Commission
Minutes of Meeting
December 18, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, S. Younis, S. McLean, George Russell,
Conservation Agent, Kathleen Celorier, Secretary
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – 39 Opal Circle – Griffin
Mr. Paul Cutler, Engineer of Landmark Engineering, appeared before the Commission for the installation of an in-ground swimming pool at 39 Opal Circle.
Mr. Russell stated a review letter had been generated on the application requiring input on various items and he has not received any revisions.
Mr. Cutler had received the letter and addressed the question pertaining to the U.S. Army Corps of Engineers easement, stating the easement is not on the property.
The Commission stated there was an expectation that a response and revised plan would be prepared prior to the meeting for the Conservation Agent to review, and recommended Mr. Cutler work with the Conservation Agent to address concerns.
There was a motion made by Scott McLean to continue the public hearing for the NOI for the installation of an in-ground swimming pool for 39 Opal Circle to January 15, 2015. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination - 370 Grove Street – Seaward
Mr. Philip Seaward, the applicant, appeared before the Commission regarding the landscape work and installation of a swing set at 370 Grove Street.
The Commission confirmed the question whether the play area that has been constructed is within the jurisdictional area and noted there is a difference between state law and the local bylaw with the Town’s bylaw being more restrictive than the state law.
Mr. Russell gave the Commission a detailed overview of the history of this project including the initial complaint by the adjoining property owner regarding the construction of a play area in the property owner’s backyard. The property owner addressed these issues and complied. Subsequently, the property owner expanded the play area and the adjoining property owner submitted a new complaint.
Mr. Russell said that at his site inspection there was no evidence of any land disturbance in the area near the play-scape other than some cutting of the bank where the steps went in, and that the area between the wetlands and the play-scape is stable.
The Commission noted that there is nothing to mitigate or that needs to be fixed at this point. They reminded Mr. Seaward to not do ecological damage and asked Mr. Seaward to notify the Commission if any further work is to be done.
There was a motion by Ravi Pendkar to close the public hearing for the request for determination for 370 Grove Street. The motion was seconded by Scott McLean and accepted with a vote of
5-0-0.
There was a motion by Ravi Pendkar for a Negative Determination for the request for determination for 370 Grove Street. The motion was seconded by Scott Mclean and accepted with a vote of 5-0-0.
Continued – Public Hearing – Notice of Intent – 860 West Central Street – Clarke
Mr. George Russell, Conservation Agent, stated the purpose of this permit is for repair of the sewer manhole and cleanup area for Public Works approval of the grease trap system. In discussions with Public Works, as well as the applicant’s engineer, the design has been agreed to with Public Works, although nothing has been made in writing at this time.
There was a motion made by Scott McLean to continue the public hearing for the NOI for the repair of the sewer manhole and cleanup area for 860 West Central Street to January 15, 2015. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Permit Modification: Extension for 104 Populatic Street
Mr. Tom LeBlanc appeared before the Commission for a one-year extension to the original Notice of Intent for 104 Populatic Street.
The Commission confirmed that the conditions are expiring at the end of year and the applicant wants an extension to finish the work approved by the NOI.
There was a motion made by Ravi Pendkar to approve the one-year extension for the permit extension for 104 Populatic Street. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Discussion: Forest Cutting – Washington Street
Mr. Philip Benjamin, President of Benjamin Forestry Services, Inc., appeared before the Commission to address an on-going issue of forest cutting at Washington Street at an area
near Franklin, Bellingham and Wrentham town lines.
Mr. Russell gave the Commission members a brief history of the ongoing matters at this property. He had discussed this permit with DEP and DCR and they have agreed that this is not a state issue, rather an issue with the local bylaw as voted by the Town Council; therefore, leaving the Commission with the decision to require a permit or show the local bylaw should not be applied. A detailed overview of this matter is enumerated in his Agent’s Report.
Mr. Russell indicated the mapping scale provided is not of sufficient exactness to determine if the priority habitat area is within the boundaries of this forestry work. Mass Wildlife must be notified and this issue must be resolved.
Mr. Benjamin provided pictures to the Commission for the subject property delineating the priority habitat and stated that Natural Heritage does not need to be notified.
Mr. Benjamin provided an overview of the history of this area which comprises less than 20 acres and is designated as Certified Woodland. It is used by the property owner as a source of firewood for personal use and would like to thin and harvest the area for the sake of the woods and forest improvement.
Mr. Benjamin stated that as he marked the area in the fall, he became aware that there is a seasonally wet red maple area identified on the plan. He would like to perform cutting work during frozen months of winter or dry months of summer. Following practices set out by DCR, he has submitted cutting plan to DCR and Conservation Commission. In addition, there is a gas line and representative from Spectra Energy stated the service road can be used, but the gas line cannot be crossed.
Commission confirmed with Mr. Russell that NOI will allow additional oversight. Mr. Russell requested information regarding any cutting to be performed in the wetlands. Mr. Benjamin stated that there is a possibility of tree(s) needing to be removed in that area to protect other trees. Commission indicated this is a commercial endeavor to harvest forest for a private citizen.
Mr. Russell stated that the intent of bylaw was not to discourage this type of work. Although, the Town bylaw must be applied and be fair to all people as ruling will impact further cases. Commission must interpret intent and wording of the local bylaw
Commission stated NOI is in order for this project. As well, Commission requested Mr. Russell to send a letter to Town Council requesting a review of wording of this bylaw for future application.
There was a motion made by Paul Harrington that the current quick application for this property on Washington Street does fall under the purview of the local bylaw. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Discussion: Land Use/Purchasing
Mr. Russell provided an overview of the four parcels of land that were taken by the Town for tax possessions. Town Council is asking for input from the Commission as to whether the Town should retain them, and if so, under whose jurisdiction. Mr. Russell provided the Commission with the mapping and description of each.
The Commission discussed the value of a previously used property questionnaire in order to evaluate and prioritize the land parcels.
Mr. Russell stated there may be value to preserving these parcels as open space as they are not developable; however, there is no value on holding onto a property without access.
The Commission came to a consensus to recommend to the Town Council that the property on Upper Union Street would be a good property to have, and it should fall under the jurisdiction of the Conservation Commission.
Minutes:
Jeff Livingstone, Commission Chairman, recused himself from the vote.
There was a motion made by Paul Harrington to approve the minutes of the December 4th meeting with 1 correction. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
CHAIR AND COMMISSION COMMENTS
Steven Younis stated he would not be attending the next Commission meeting on January 15th.
Signed Determination of Applicability & Extension Permit to Orders of Conditions
Determination of Applicability (Negative) - 370 Grove Street – Seaward
Extension Permit – 104 Populatic Street - LeBlanc
There was a motion made by Paul Harrington to adjourn the meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
The meeting adjourned at 8:37 p.m.
Respectfully submitted,
Judith Lizardi
Recording Secretary
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