Franklin Conservation Commission
Minutes of Meeting
February 12, 2015
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 – 470 Maple Street – Grillo
Mr. Dennis Grillo, the applicant, and Mr. Vincent Forte, Wetland Biologist for Berkshire Environmental Services, appeared before the Commission for the removal of existing deck and construction of family room addition at 470 Maple Street.
Mr. Forte stated the site had been flagged in 2006 and was reflagged in September 2014. As shown on the Plan, the closest distance from Flag A1 to the project is 71ft. The original deck was not considered a permanent structure in terms of occupying land; the addition will be considered a permanent structure. There will be a temporary disturbance of 504 sq. ft. for putting in the foundation, and a permanent disturbance of 324 sq. ft. for the 18 ft. by 18 ft. addition. The soil that will be removed to another site is 84 cu. yd.; the soil that will be returned to backfill the full foundation is 43 cu. yd. The slope off the back of the property is approximately 1 ft. per every 25ft. Work will not be started until all snow is gone.
Mr. Russell, Conservation Agent, stated that all inspections were done when the RDA was filed. Special stipulations and requests were added.
There was a motion made by Scott McLean to close the hearing for the NOI for the removal of existing deck and construction of family room addition for 470 Maple Street. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the NOI for 470 Maple Street with the Commission’s Special Conditions #20-28, except #26, and #33, #34, #43, #44, #46, and #47, for
the removal of existing deck and construction of family room addition. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Continued - Public Hearing - Amendment – 505 West Central Street - Stearns
The Commission received a letter from Mr. Donald Nielsen, Engineer of Guerriere & Halnon, on behalf of the applicant, requesting an extension of the public hearing for 505 West Central Street to March 5, 2015 at 7:35 p.m.
There was a motion made by Paul Harrington to continue the public hearing for the amendment for 505 West Central Street to March 5, 2015 at 7:35 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – Southern New England Trunkline Trail – Dept. of Conservation & Recreation
Paul Harrington recused himself from this public hearing.
Andrea Kendall, Senior Environmental Scientist, LEC Environmental Consultants, Inc., for the Department of Conservation and Recreation (DCR), appeared before the Commission regarding improving 0.14 mile section of Southern New England Trunkline Trail from Prospect Street, Franklin to Lake Street, Bellingham.
Ms. Kendall provided the Commission with a detailed overview of the history of this project. The 700 ft. section of the trail has both elevated and cut/deep-rutted sections without drainage runoff leading to water collection. Although no wetlands are adjacent to a narrow drainage swale which continues into Bellingham before discharging, it needs protecting due to downstream resources. DCR wants to reestablish the surface of the 8 ft. wide trail and will flatten and grade it with granular stabilized pavement, as well as provide additional grading to smooth and correct ruts on the sides of the trail. Work will commence in the spring for this five- to six-week project.
Ms. Kendall said she is not aware of any preventative measures to keep motorcycles, off-road vehicles and snowmobiles, which have done much damage in the past, off the improved trails. She stated that DCR would be receptive to implement ways to deter those kinds of uses.
Mr. Russell recommended a Negative Request for Determination.
There was a motion by Ravi Pendkar to close the public hearing for the request for determination for the Southern New England Trunkline Trail. The motion was seconded by Scott McLean and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Recused.
There was a motion by Ravi Pendkar of Negative Determination for the Southern New England Trunkline Trail. The motion was seconded by Scott Mclean and accepted with a vote of 4-0-1;
4 Yes, 0 No, 1 Recused.
GENERAL BUSINESS
Discussion: Keystone Project
Chairman Livingstone provided an overview of the project. The Keystone Project is run by UMass University. The Forestry Department avails their facilities including faculty and libraries to help a town build a plan to complete a project such as making trails or clearing activities for a state or town forest.
The Keystone Project reviews and selects twenty applications. A Town representative is then appointed to attend an intensive forestry program for three days, with much information and material provided to the Town. The program is paid for by the Federal Government. The Town of Franklin was late to apply last year; however, Chairman Livingstone submitted the same materials again this year on behalf of the Commission. Selected towns should be notified next month.
Discussion: Regulation Amendment
Mr. Russell provided an overview of the regulation amendment. He stated that unlike other Boards, there is no codified means by which a decision can be brought to the Commission for additional discussion or method of public forum to address the Commission.
This new process would allow the public to appear before the Commission to discuss items with requirement of providing nine (9) copies of all documents: seven (7) copies for the members, one (1) copy for the files, and one (1) copy for Mr. Russell. In addition, if a resident requests to discuss an issue regarding a property other than their own, the resident will be responsible to notify the property owner. The Commission has two options: adopt the newly drafted formal codified process, or include a public forum opportunity on each meeting agenda.
The Commission acknowledged that given the nature of complaints and contentious discussions, the Commission is not an appropriate body to have an open forum. There should be preparation time allowed for both the Commission and those addressing the Commission. Mr. Russell was asked to begin the process for the formalized regulation amendment.
Mr. Russell noted that the regulation amendment would require a public hearing and a vote from the Commission.
Violations: 674 Pleasant Street
Mr. Russell provided an overview of the history of the property. A letter had been generated and sent to the property owner regarding the Notice of Intent. The originally approved NOI for the house and what actually has been built are significantly different; this is the issue currently before the Commission. It was noted that an enforcement order for a restoration plan concerning the cleanup of various items on the property is a separate issue.
Mr. Russell explained that the approved NOI differences include the placement of the driveway and the addition of a large concrete block retaining wall. Mr. Russell recommended that the Commission should execute an enforcement order to require a new Notice of Intent, and/or impose fines under the local by-law.
James Thornhill, property owner 674 Pleasant Street, addressed the Commission. He stated that prior to construction he returned to the Commission because he did not like the approved location of the house at 40 ft. from the street. Although he did not remember the date of this meeting, he stated that he was told that as long as he stayed within the work-zone area he could do what he wanted to do. He believes he is still within the work-zone area. In addition, he has intentions to get the required documents for the NOI, but he has not completed the yard work and ran out of funds. When his financial situation improves, he will have an engineer survey the property and bring plans to the Commission. He referenced the enforcement letter sent to him by Gus Brown, Building Commissioner, and indicated he had begun cleaning
up the yard, but due to the snowfall he is at a standstill.
Mr. Russell remarked that this is the first time he has heard that a past Commission stated that changing the plans was acceptable. In addition, this situation would not lend itself to an amendment, but rather a full NOI. The construction that was built is not in compliance with the plan, and a new house plan for that construction was not submitted to the Building Department. It was pointed out that the permit will expire in June 2015. An expired permit cannot be amended, and the permit could not be extended past the June 2015 expiration without a formal application. Mr. Russell stated that he could not recommend an extension of a permit that is not in compliance with the plan. Therefore, the NOI issue would have to be resolved before the permit could be extended.
Mr. Russell stated that there is no new plan, formal amendment or new NOI, nor is there mention of a second public hearing or additional correspondence in the NOI file. It was noted that past Commission meeting minutes and DVDs are available to the public for review.
The Commission stated regardless of intent the law must be followed; a new NOI is required.
There was a motion made by Scott McLean to require applicant for 674 Pleasant Street to file a new NOI to incorporate the current As-Built changes prior to the permit expiration on June 1, 2015, and if he is unable to do that, file for an extension of the current permit. This motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Minutes:
There was a motion made by Paul Harrington to approve the minutes of the December 18, 2014 meeting. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to approve the minutes of the January 15, 2015 meeting with one correction. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – 470 Maple Street – Grillo – CE159-1080
Determination of Applicability (Negative) - SNETT Trail – Prospect Street
CHAIR AND COMMISSION COMMENTS
Commission recognized that electronic copies of plans are difficult to keep track of as many times numerous disks are submitted. Determining which disk is the latest version becomes difficult. As well, technology continues to change and within five years it is likely that some of the current the disk formats will be unreadable. Paper copies are more reliable and permanent.
There was a motion made by Steven Younis 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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