Franklin Conservation Commission
Minutes of Meeting
January 29, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, S.Younis, R. Pendkar, S. McLean, George Russell,
Conservation Agent
Absent: J. Livingstone
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued – Public Hearing - Notice of Intent – 860 West Central Street – Clarke – CE159-1072
Mr. William Halsing, Engineer of Land Planning, appeared before the Commission for the repair of a sewer manhole and cleanup area at Incontro Restaurant. Mr. Halsing informed the Commission that the DPW has approved the grease trap that would be installed inside the building.
Mr. Russell, Conservation Agent, stated that this was the only outstanding issue and recommended that the 4 special conditions enumerated in his Agent’s Report be attached to the Orders of Conditions.
There was a motion made by Scott McLean to close the hearing for the 860 West Central Street NOI. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to grant the 860 West Central Street NOI with the attached conditions, 27, 34, 44 & 50. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Continued – Public Hearing - Notice of Intent – 4 Georgia Drive – Wright – CE159-1071
Mr. Paul Knapik, Engineer of Andrews Survey & Engineering, appeared before the Commission for the construction of a single-family home. Mr. Knapik stated that the house will be constructed in the buffer zone to a bordering vegetated wetland; 51.4 ft. at its closest point.
There will be a double row of erosion control. The driveway is located outside of the buffer zone and there is a proposed deck depicted on the plan.
A file number has been issued by the DEP.
Mr. George Russell, Conservation Agent, stated that there are special conditions he is recommending to be attached to the Orders of Conditions and they are enumerated in his Agent’s Report.
Ms. Hope Carlisle, an abutter of 11 Elm Street, questioned what is the Notice of Intent process.
Mr. Jack Semenski, an abutter of 3 Georgia Drive, questioned if the Commission members have visited the site. He questioned as to what their decision will be based on.
Mr. Stuart Carlisle, an abutter of 11 Elm Street, raised concerns regarding the suitability of this lot.
Mr. Mike Fitzpatrick, an abutter of 2 Georgia Drive, asked if there was a requirement that if a Notice of Intent is filed with the Commission, are other approvals that have to be in place beforehand. The Conservation Agent stated that there is no requirement that other approvals must be obtained before filing with Conservation.
There was a motion made by Scott McLean to close the hearing for the 4 Georgia Drive NOI. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to grant the Notice of Intent for 4 Georgia Drive with the attached conditions; 20-31 inclusive, except 23, 34, 38, 40, 43, 44, 46 & 47. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 31 James Street – Rosen – CE159-1079
Mr. Jeff Rosen, the applicant, appeared before the Commission for the installation of a 16’x38’ in-ground swimming pool. Mr. Rosen gave the Commission a detailed update of the revised plans for the proposed work on his property.
Mr. Rosen requested a variance from the Commission in order to grade into the 25 ft. buffer zone; but no work other than grading will be done in the 25’ zone; there are trees being removed in the 50’ zone. There are 16 shrubs proposed for mitigation behind the swingset; if this is insufficient, there are additional shrubs proposed closer to the street line.
Mr. Russell stated that he is recommending 15 special conditions to be attached to the Orders of Conditions for this project.
There was a motion made by Scott McLean to close the hearing for the 31 James Street NOI. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to grant the NOI for 31 James Street swimming pool with the original mitigation as well as additional mitigation plantings A&B and Mr. Russell’s conditions 20-28 inclusive, except 26, as well as 33, 34, 44, 46&47. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Continued - Public Hearing – Amendment – 505 West Central Street – Stearns - CE159-1009
The Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until the February 12th meeting.
There was a motion made by Steve Younis to continue the public hearing for the Amendment for 505 West Central Street until February 12th at 7:25 p.m. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 9 Spring Street
Mr. Manley, the applicant, appeared before the Commission for the placement of a garden at the rear of his home. Mr. Manley stated that the garden will be on the lawn with a 5 ft. fence constructed around the garden. It meets the requirement of a minimum of 25 ft. from the wetlands as depicted on the plot plan.
Mr. Russell stated that the applicant notified him that he will be doing some terracing, which is not a major issue.
There was a motion made by Ravi Pendkar to approve a Minor Buffer Zone Activity permit for 9 Spring Street. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
Certificate of Compliance: 4 Georgia Drive - CE159-1071
Mr. George Russell, Conservation Agent, informed the Commission members that the Certificate of Compliance should be issued so as not to have 2 Notice of Intents in force at the same time and recommended the issuance of the Certificate of Compliance.
There was a motion made by Scott McLean to issue the Certificate of Compliance for 4 Georgia Drive. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Certificate of Compliance: MBCR Replacement Culvert - CE159-1059
Mr. Russell, Conservation Agent, stated that this culvert work on the MBTA has been completed and a certification has been received from the engineer denoting that the work has been done according to the plan. He has inspected the site and determined that it is stable.
There was a motion made by Scott McLean to release the Certificate of Compliance for the MBCR culvert. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Discussion: 78 Daniels Street
Mr. & Mrs. Ron Peters, the property owners for the site, both appeared before the Commission to address a complaint that was made regarding fill being brought onto their property.
Mr. Russell gave the Commission some background information on some issues regarding this site from 2010.
Mrs. Peters stated that it was not fill it was stone brought in to make a boundary for the horses kept on the property. Mr. & Mrs. Peters stated that they need this in order to maintain the pastures and no fill was brought onto the property.
The Commission Chairman informed the Peters that a complaint has been received regarding the site and it has to be addressed.
Mr. Russell stated that the only way to legally determine if the fill brought onto the site is outside of Conservation jurisdiction is to have the wetlands delineated by a wetland scientist and have the line approved by the Commission. Furthermore, in the maintenance activities for land in agricultural use, there are no provisions for bringing in fill.
Mr. Peters stated that he would like to know who made the anonymous complaint against them.
Mr. Nick Hoffmann, owner of Hoffmann farms and an abutter to the Peters property, stated that Ch. 48 (s3) gives the Peters an exemption from flood plain and working within the 100 ft. buffer zone.
Mr. Russell stated that the Local Wetlands Bylaw is not exempted. He also stated that a wetlands line needs to be delineated on the site.
The Commission members came to the consensus that they will perform a site walk when the weather permits it and if it needs to be delineated by a professional, the Commission will notify the property owners in March.
Violations: 674 Pleasant Street
Mr. Russell, Conservation Agent, informed the Commission members that he sent a certified mailing to the property owner at the above address, which has not yet been picked up informing him that a violation existed and would be discussed tonight.
Mr. Russell has determined that the house at this site was not constructed in accordance with the plans under the approved Notice of Intent. The Orders of Conditions is still valid until June 2015 when it will expire.
Mr. Russell is recommending the Conservation Commission issue the enforcement order which only requires a restoration plan to remove the material by the end of March. That is the construction debris which is all around the house and also the retaining wall; all of which is located within the 200 ft. riparian zone and a large amount of it is within the 100 ft. buffer zone.
Mr. Russell also informed the Commission members that once the Enforcement Order is issued, we will start issuing fines under the Local Bylaw.
There was a motion made by Scott McLean to issue the Enforcement Order that the Conservation Agent has prepared for the restoration plan for 674 Pleasant Street as well as for the Conservation Agent to issue the cover letter regarding the fines so that the landowner can appear at the next meeting on February 12th at 7:15 p.m. with the fines to begin issuance on February 13th if attendance does not happen. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Minutes:
The acceptance of the December 18th was postponed until the next meeting.
Signed Certificates of Compliance, Orders of Conditions & Minor Buffer Zone Activity
Certificate of Compliance – Railroad Right-of-Way – MBCR - CE159-1059
Certificate of Compliance – 4 Georgia Drive – Quality Homes - CE159-1071
Certificate of Compliance – 77 Jefferson Road – Martin – CE159-1055
Minor Buffer Zone Activity – 9 Spring Street – Manley
Orders of Conditions – 31 James Street – Rosen - CE159-1079
Orders of Conditions – 860 West Central Street – Clarke - CE159-1072
Orders of Conditions – 4 Georgia Drive – Wright - CE159-1078
There was a motion made by Scott McLean to adjourn the meeting. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Kathleen Celorier
Conservation Secretary
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