TO: Franklin Conservation Commission
FM: George Russell, AICP
Conservation Agent
RE: Agent’s Report
DATE: January 13, 2015
1.0. PROJECTS
1.1. 4 Georgia Drive NOI: Due to a potential legal issue concerning abutter notification requirements, this permit has been resubmitted by the applicant. There are no changes from the permit that was originally approved by the Commission although some changes to the maps have been requested. I would recommend that if re-approved, the following special conditions be once again attached: 20-31, except 23, 34, 38, 40, 43, 44, 46 & 47.
1.2. 505 West Central St. NOI Amendment: Please see my letter below, especially the issues raised in the first bullet.
1.3. 31 James NOI: A site inspection was conducted on 12/31/14 and letters generated to the applicant’s wetlands professional. Revised maps have been received and a follow-up site inspection conducted. All of my comments have been addressed. I would recommend that if approved, the following special conditions be attached: 20-28, except 26, 33, 34, 44, 46 & 47.
1.4. 39 Opal NOI: Revised plans have been received and have addressed all of the issues raised in my initial review. If the NOI is approved, I would recommend the following special conditions be attached to the approval: 20, 22, 24-28, 33, 34 & 44.
1.5. 860 West Central St. NOI: We are still waiting for something in writing from DPW approving the project.
2.1. Minor buffer Zone Activities
None
2.2 Permit modifications/extensions
None
2.3. Certificate of Compliance
2.3.1. 9 Crystal Pond: There is one minor change to the plan, the addition of some stairs. These are beyond the 50’ buffer. A site visit was conducted on 12/29/14 and I would recommend the release be approved.
2.3.2. 77 Jefferson: There was one change to the project, the fence, which was handled as a MBZA. A site visit was conducted on 12/30/14 and I would recommend the release be approved.
2.3.3. 646 Old Farm Rd.: This is a very old NOI which was for the entire subdivision. The release is for the individual house lot and is thus a partial release. There are no wetlands on the instant site. A site visit was undertaken on 1/6/15 and there are no outstanding issues.
2.4. Discussion items
2.4.1. Forestry: At the last meeting, there was considerable time and effort dedicated to the issue concerning the application of the local wetlands by-law to a forestry operation. In my last report, I indicated that everyone agreed that the state law as not applicable but the town attorney had informed me that the local by-law was. On the Monday after the meeting, Mr. Cerel indicated to me that if the project was part of a forestry management plan, which it is, it is NOT subject to the local by-law. The intent of the local by-law is that the wording “. . . the cutting of trees . . .” should be applied when the cutting is part of a development (e.g. a house) or an enlargement of a lawn area. I suspect that there are still going to be “gray areas” on
this issue that will need to be handled on a case by case basis.
2.4.2. 880 West Central St.: I have placed this item on the agenda for discussion based on the December 15, 2014 letter from Mr. Wise. This letter is included with addition correspondence on this issue/address. The significant issue is Mr. Wise’s contention that the work outlined in the letter is “authorized” and he will proceed to do the work vs the commission voiding any “approvals” by not extending the enforcement order and not having approved any permits.
2.4.3. Implementation of Master Plan and OSRP: Included in your packets are two documents from the Master Plan and the Open Space and Recreation Plan goals and objectives. One of these documents, the “Draft Notes for Planning and Discussion Purposes” is the more important. Please pay particular note to those items that have the Commission listed as the responsible party. No action needs to be taken at this time, but the Commission should be thinking about the “hows”, “whens” and “wheres” of implementation. I am going to be working with other staff on this but wanted to bring the Commission into the loop as soon as possible. This will be somewhat of a continuing item.
2.5. Minutes
2.6. Violations:
2.6.1. 45 Kenwood Circle: We have a potentially significant violation at the Strategic Materials site at 45 Kenwood Circle; there are huge piles of recycled glass in a buffer zone, no stormwater “controls” and leachate from the piles is traveling via the storm sewers into the wetlands. DEP solid waste and DEP wetlands, as well as EPA Region 1, are all involved at this point. At my insistence, we have received a timetable from the property owner’s consultant who indicates that an NOI will be filed by the first week in February. If this date is not met, I will be asking the Commission for both an enforcement order and the imposition of fines.
No action is required at this time but I want to bring the Commission into the loop since this could become a very big deal.
- Chair and Commission Comments
4.0 EXECUTIVE SESSION
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