Franklin Conservation Commission
Minutes of Meeting
January 15, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, S. McLean, George Russell,
Conservation Agent
Absent: S.Younis
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – 4 Georgia Drive – Wright – CE159-1078
Mr. Stephen O’Connell, Engineer of Andrews Surveying, and Mr. Brad Wright, the applicant, both appeared before the Commission for the construction of a single-family house.
Mr. O’Connell gave the Commission a brief summary of the plans for this project. He stated that an Orders of Conditions was issued previously and there was an issue with abutter notifications. The DEP notified the applicant that a new NOI must be filed.
There are erosion controls installed and they have been inspected by Mr. Russell, the Conservation Agent,
Mr. Russell stated that the green cards have been received at tonight’s meeting to verify the certified mailings. He also informed the Commission that this is an exact duplication of the previous plans with the exception of the deck.
The applicant has a request for a release of the Orders of Conditions currently in place as there should not be 2 OOC’s in place for the same piece of property. He also recommended that the same special conditions be attached to this OCC as was in place for the previous OOC.
The deck will be constructed on sono tubes with ¾” stone.
Mr. Stuart Carlisle, an abutter of 11 Elm Street, stated that the neighbors were not notified of the previous meeting and requested that Mr. O’Connell give a detailed overview of the plans for the project. Mr. O’Connell reviewed the details of these plans to the abutters present at tonight’s meeting.
Ms. Hope Carlisle, an abutter of 11 Elm Street, raised the question of insufficient dry land on this lot and zoning questions to which the Commission Chairman stated that zoning matters are out of Conservation jurisdiction.
Ms. Stephanie Carlisle, an abutter of 11 Elm Street, questioned the matter of protecting the animals that take refuge in the wetlands on the site.
Mr. Mike Fitzpatrick, an abutter of 2 Georgia Drive, questioned what mitigation is being proposed and also the drainage system, soil testing and how the runoff from the driveway will be treated.
Mr. O’Connell informed the abutter that there is no mitigation being proposed for this project.
Mr. Larry Furan, an abutter of 8 Georgia Drive, questioned if there is a perk rate required under the code. Will there be mitigation for the stream on the site? There is no mitigation proposed for this project.
Mr. Russell stated that, according to the USGS map, there is no stream on the site; it is strictly a wetlands.
Mr. Stuart Carlisle, an abutter of 11 Elm Street, stated that he has observed a constant flow of water running over Elm Street.
There was a motion made by Scott McLean to continue the public hearing for 4 Georgia Drive until the January 29th meeting. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Public Hearing – Amendment – 505 West Central Street – Stearns – CE159-1009
The Conservation Chairman opened the public hearing and stated that a written request has been received from applicant’s engineer to continue the public hearing until the January 29th meeting.
There was a motion made by Scott McLean to continue the public hearing for 505 West Central Street NOI Amendment until the January 29th meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – 31 James Street – Rosen – CE159-1079
Mr. Jason Youngquist, Engineer of Outback Engineering, appeared before the Commission for the construction of an in-ground swimming pool.
Mr. Youngquist gave the Commission a detailed overview of the project plans for the site. There are 3 trees proposed to be removed in the 25 ft. buffer zone to the wetlands and 7 additional trees near the shed, which would be further away from the wetlands. There are also 16 shrubs proposed to be planted for mitigation purposes along the existing tree line along the 25 ft. buffer zone. A filter mitt is proposed to be installed for erosion control purposes.
Mr. Jeff Rosen, the applicant of 31 James Street, stated there will be no loaming and seeding in the area behind the trees that will be taken down; it will only be stabilized and left in its natural state.
Mr. Russell, Conservation Agent, recommended that the applicant submit a list of proposed mitigation plantings.
The Commission members will conduct a site walk on Sunday, January 18th at 10 a.m.
There was a motion made by Paul Harrington to continue the public hearing for 31 James Street until January 29th. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 39 Opal Circle – Griffin - CE159-1077
Mr. Paul Cutler, Engineer of Landmark Engineering, appeared before the Commission for the installation of an in-ground swimming pool and patio. Mr. Cutler presented the Commission with revised plans.
Mr. Russell informed the Commission that he has reviewed the revised plans and all of his comments have been addressed that were listed in his review letter.
The Commission Chairman read the list of 11 changes listed in the letter dated January 2nd into the record and this letter has been added to the Conservation file.
There was a motion made by Ravi Pendkar to close the public hearing for 39 Opal Circle. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
There was a motion made by Ravi Pendkar to approve the NOI for 39 Opal Circle, installation of an in-ground swimming pool with the special conditions attached 20, 22, 24-28, 33, 34 & 44. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 860 West Central Street – Clarke –
CE159-1072
The Commission Chairman stated that a letter has been received from the applicant’s engineer requesting a continuance of the public hearing until the January 29th meeting.
There was a motion made by Scott McLean to continue the hearing for 860 West Central Street until January 29th, 2015 at 7:15 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
GENERAL BUSINESS
Certificate of Compliance: 16 Crystal Pond Lane – CE159-967
Mr. Russell stated that the site is in compliance with the Orders of Conditions and recommended that the Certificate of Compliance be issued.
There was a motion made by Ravi Pendkar to issue a Certificate of Compliance for 16 Crystal Pond Lane. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Certificate of Compliance: 77 Jefferson Road – CE159-1055
The Conservation Agent, George Russell, informed the Commission that the site is in compliance and recommended that the Certificate of Compliance be issued.
There was a motion made by Scott McLean to approve the Certificate of Compliance for 77 Jefferson Road. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Certificate of Compliance: 646 Old Farm Road – SE159-661
Mr. Russell informed the Commission that this is an old NOI for the entire subdivision and that there was a request for a Partial release as a minor technicality.
There was a motion made by Paul Harrington to approve the Partial Certificate of Compliance for 646 Old Farm Road. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
Discussion: Forestry/Local Bylaw
Mr. Russell, Conservation Agent, informed the Commission that the Town Attorney, Mark Cerel, informed him that if the forestry cutting is part of an approved forestry management plan by the DCR, then it is not subject to the local Bylaw.
Discussion: 880 West Central Street
Attorney Mark Cerel, Town Attorney, appeared before the Commission to discuss an on-going issue at the Wise Company at 880 West Central Street. Attorney Cerel stated that there was a request to extend the enforcement order late in 2014 and the Commission determined that the request was made too late and was not considered.
Attorney Cerel gave the Commission members some background information on this enforcement order to date. Attorney Cerel advised the Commission that legally they could revise or extend the enforcement order. Some discussion ensued regarding this matter.
There was a motion made by Scott McLean to reinstate paragraph 2 of the original enforcement order for 880 West Central Street and extend the enforcement order until October 30, 2015. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
The Commission has directed the Conservation Agent to inform Mr. Wise that the sewer work he indicated that he was going to do in his 12/15/14 letter, was not authorized under the enforcement order and would require the filing of a Notice of Intent.
Discussion: Implementation of Master Plan/OSRP
Mr. Russell stated that he has given the Commission members some material for informational purposes and he has not had sufficient time to review this matter in detail. It is part of the Master
Plan and the Open Space and Recreational Plan.
Violations: 45 Kenwood Circle
Mr. Russell informed the Commission members that there is a violation at this site. There are huge mounds of recycled crushed glass that are located in the buffer zone. The glass leachate runs into the catch basins and runs into the detention basins behind the site.
The property owner had retained a consultant to perform a delineation and file a Notice of Intent. The timeline denotes that the plan is being submitted on February 6th.
The DEP has issued a notice that an enforcement conference is being held on February 10th at the DEP in Worcester. This is being held as there are several violations taking place on this site.
Mr. Russell will attend this conference on behalf of the Commission. The EPA may also become involved as well.
Minutes:
The acceptance of the December 18th minutes has been continued until the next meeting.
Signed Certificates of Compliance & Orders of Conditions
Certificate of Compliance – 646 Old Farm Road – Maple Sands Corporation – SE159-661
Certificate of Compliance – 16 Crystal Pond Lane – Robert – CE159-967
Certificate of Compliance – 77 Jefferson Road – Martin – CE159-1055
Orders of Conditions – 39 Opal Circle – Griffin – CE159-1077
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Kathleen Celorier
Conservation Secretary
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