TO: Franklin Conservation Commission
FM: George Russell, AICP
Conservation Agent
RE: Agent’s Report
DATE: March 3, 2015
1.0. PROJECTS
1.1. 60 Daniels ANRAD: A site inspection of the wetlands line was not possible given the snow cover. The request is basically to continue the line that was approved by the Commission a few meetings ago. Please be aware that according to the DEP Manual “Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act” (p 49):
“Delineating or verifying BVW boundaries during the winter months, especially with deep snow cover or frozen soil conditions, is difficult and under some extreme circumstances virtually impossible… For these reasons, DEP recommends that BVW delineations be avoided if possible when deep snow cover or “deep freeze” conditions exist. It is best for applicants and conservation commissions to agree upon a reasonable time period for continuing the RDA or NOI processes in order to conduct or review the boundary delineation when frozen or snow covered conditions are likely to change.”
In light of this, if the Commission decides not to move forward, an extension of time from the applicant should be obtained and I would recommend until at least the April 9, 2015.
I have requested clarification from the applicant’s representative concerning street addresses for both parcels to try and prevent a repeat of what is happening with other applications such as 505 W. Central. However, The engineer does not want to pursue this at this time.
1.2. 10 Cotton Tail Lane, NOI: No detailed site inspection has been conducted due to the snow cover. Part of this application is a wetlands delineation which was approved as part of the original subdivision via a superseding order. According to DEP, this permit, SE 159-590, is no longer valid and thus the wetlands line is no longer valid. I would recommend this application be continued until such time as the wetlands line can be re-established with new flagging and field data cards.
1.3. 505 W. Central Street NOI: The issues concerning this NOI have not been “worked out” and given this, I would recommend that the Commission deny the requested amendment for the following reasons:
1. It is unknown if the impervious coverage changed and if new drainage calculations need to be undertaken;
2. The location of new erosion control between the wetlands and the areas of land disturbance has not been established or shown on the plans; and
3. The requested amendment is for a parcel of land with a property address and lot number that is different from the original Notice of Intent.
It is my understanding from discussions with the applicant’s engineer that the intent is to submit a new NOI for this site in the future.
1.4. Rules and Regulation Amendment: As per previous discussion with the Commission, this amendment is designed to provide a procedure which will allow citizens to discuss issues with the Commission. The proposed amendment is outlined below.
1.5. 11 Forge Parkway NOI: Part of this application is a wetlands delineation which would warrant the same comments as stated in the item above. No detailed site inspection has been conducted due to the snow cover. In addition, there was a previous NOI for this property which has expired but there is no record that a certificate of completion was ever approved. I have requested the applicant to provide us with a run down of what was done and what was not done under this NOI.
I would recommend that the Commission request an extension of time from the applicant and continue the hearing until at least April 9, 2015.
1.6. Nu Style, Grove St. NOI: This application does not involve a delineation given that the entire lot is jurisdictional. This application involves the demolition and removal of an unsafe and partially collapsed structure. Work will be taking place immediately adjacent to Mine Brook and care must be taken to protect the stream and the bank. In light of this, I would propose that a boom be placed across the brook down stream of construction to capture any material that should fall into the water and that a double row of erosion control barriers be placed adjacent to the bank.
2.1. Minor buffer Zone Activities
None
2.2 Permit modifications/extensions
None
2.3. Certificate of Compliance
None
2.4. Discussion items
2.4.1. Wetlands By-law: Below is a copy of an e-mail I sent to the Town Administrator. I believe it would be prudent for the Commission to take a formal vote on this issue to indicate to the Town Council that the Commission is aware of the issue and in fact would recommend the By-Law be amended.
I would suggest a vote to: Replace the current section 181-5(D) (5) of the local Inlands Wetlands By-Law with a new section to read:
“Regulations for hiring outside consultants under M.G.L. c. 44, §~53G. As provided by M.G.L. c. 44, §~53G, the Franklin Conservation Commission may impose upon and collect from applicants under the Massachusetts Wetlands Protection Act and the Franklin Wetlands Bylaw and Regulations reasonable fees for the employment of outside consultants, including, but not limited to, scientists, engineers, surveyors or consultants of any other kind engaged by the Conservation Commission, for services deemed necessary by the Commission to adequately review an application or request submitted to the Conservation Commission and to provide on-site inspectional services while an approved project is under construction.”
2.5. Minutes
2.6. Violations:
- Chair and Commission Comments
4.0 EXECUTIVE SESSION
Item 1.4:
The new section to the Commission Rules and Regulations would read:
22. Appeals to the Commission:
22.1. Any individual or business who wishes to discuss a matter with the Conservation Commission, including disagreements with a decision of the Conservation Agent, shall submit a written request to the Commission. Said request shall outline the specific reason(s) to address the Commission and shall any include specific documentation to be used in a presentation to the Commission. Nine (9) copies of all correspondence and documentation shall be submitted.
22.2. If the individual or business making the request to address the Commission is not the property owner, a copy of said request shall be sent via certified mail, return receipt requested, to the property owner currently listed with the town assessor’s office at the mailing address listed with the Assessor. Failure to mail the request, or to present the required proof of certified mailing, shall preclude the Commission from proceeding. Said mailing must take place at least 10 calendar days before any Commission discussion.
22.3. The Commission shall hear any request as expeditiously as possible without compromising any time frames outlined in this section or any other section of the Rules and Regulations or the Local Wetlands By-law.
Item 2.4.1.:
Jeff,
We have a permit application submitted to ConCom for 45 Kenwood Drive and I am recommending to the Commission that this undergo peer review by Graves Engineering.
The local wetlands by-law, Chapter 181, section 181-5(D) (5) severely restricts what can be "charged" for consultant's fees. The fees are based on project costs which often cannot be determined at the permit filing stage. Further, the way this section of the by-law is worded, if the Commission needs more than one professional peer reviewer, (e.g. an engineer and a wetlands scientist), the fees listed appear to be the total fees that can be charged regardless of the number of disciplines involved. This restriction is not in place for either the planning board or the ZBA.
I would request that this section of the by-law be reviewed to eliminate these restrictions and rather base the consultant's fee on the per hourly cost as negotiated in the contract between the town and the consultant engineering firm. In the instant case, Graves will submit a scope of services based on what they believe to be the numbers of hours they would devote to the project. I do not think it is in anyone's best interest to have to cut the fee based on an unknown project cost.
Thank you and let me know if you need any additional information.
George
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