Franklin Conservation Commission
Minutes of Meeting
March 26, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, R. Pendkar, S. Younis, 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 – Amendment – 505 West Central Street –
CE159-1009
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of the Midas Service Facility.
Mr. Nielsen stated that on behalf of the applicant he has a request from the owners of the property and the applicants to withdraw without prejudice.
There was a motion made by Scott McLean to close the hearing for the Amendment for the 505 West Central Street NOI. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
There was a motion made by Ravi Pendkar to accept the request for withdrawal for the amendment for 505 West Central Street. The motion was seconded by Steve Younis and accepted with a vote 4-0-0.
Continued – Public Hearing - Notice of Intent – 11 Forge Parkway – Eastern Propane – CE159-1082
Steve Younis, Commission member, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of a 2,320 sq. ft. addition of a 2-bay garage at 11 Forge Parkway.
The Commission Chairman informed Mr. Nielsen that there is no quorum for this public hearing and stated that therefore no testimony can be taken. He asked Mr. Nielsen if the applicant would agree to extend the application until the April 9th meeting. Mr. Nielsen was in agreement with this request for a continuance until April 9th.
Public Hearing – Notice of Intent – 176 Grove Street – Novaya Real Estate - CE159-1086
Ms. Erika Clarke, representing Novaya Ventures, and Mr. Karlis Skulte, Engineer of EBI Consulting, both appeared before the Commission for site modifications and landscaping at the building entrances at 176 Grove Street.
Mr. Skulte gave the Commission members a detailed overview of the plans for the site for their review.
George Russell, Conservation Agent, stated that the net result of the project will be less impervious and better stormwater treatment and improved landscaping. He also recommended that he thinks it is important that the Planning Board’s consulting engineer’s report on the stormwater be received before the Commission takes action. This report should be submitted before the next Conservation meeting.
Mr. Russell recommended continuing the hearing until the next meeting on
April 9th so that the applicant has an opportunity to respond to it.
Mr. Skulte stated that because they are proposing pavement within the 0-25 ft. resource area, they are requesting a waiver to do so.
There was a motion made by Scott McLean to continue the public hearing for 176 Grove Street NOI until April 9th at 7:45 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Public Hearing - Notice of Intent – 529 West Central Street – Midas Muffler - CE159-1087
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Jeff Stearns of Midas Auto Service and also the applicant, both appeared before the Commission for the construction of an eight-bay Midas building for tire and auto service.
Mr. Nielsen stated that he is appearing at tonight’s meeting to discuss the Orders of Conditions and Notice of Intent for this site, which is Lot 1 and was initially called 505 West Central Street. In 2013, the site was subdivided and 3 lots were divided to include the 3 sites that were included in the 2011 plan.
Mr. Nielsen gave the Commission some additional background information on the site. There are 2 drainage basins on the site; 1 on the easterly side which is adjacent to the wetlands. The 25 ft. no disturb area will be maintained. The activity for structures will be kept out of the 50 ft. buffer zone.
The plantings for the site associated with the original filing will remain the same.
Mr. Nielson also submitted a request for a release of Orders of Conditions that is currently in place.
Mr. Nielsen stated that all of the metals, tires and hazardous fluids will be kept inside the building and will be contained in proper containment areas. There is 1 dumpster proposed in the parking area. There is also an oil separator to be installed on site. There will be no storage outside the building with the exception of the dumpster for general waste.
George Russell, Conservation Agent, recommended that this hearing be kept open until the release of Orders of Conditions is granted.
There was a motion made by Ravi Pendkar to continue the hearing for 529 West Central Street, Midas Muffler to April 9th at 7:55 p.m. The motion was seconded by Steve Younis and accepted with a vote 4-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activities: 9, 10, 11 & 12 Spruce Pond Road
Mr. Chris Campbell, the contractor for the projects, appeared before the Commission for the construction of 4 new decks at the above 4 condominiums on Spruce Pond Road.
George Russell, Conservation Agent, stated that these 4 projects are identical in nature.
Mr. Campbell informed the Commission that these decks are 10 ft.x20 ft. in size with pressure treated framing and he will be hand digging the footing holes.
There was a motion made by Scott McLean to approve the minor buffer zone activity applications for the decks at 9, 10, 11 & 12 Spruce Pond Road. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Certificate of Compliance: Lot 11/20 Berkshire Drive
George Russell, Conservation Agent, informed the Commission members that no certification has been received from the engineer for this Certificate of Compliance that the work has been completed.
Mr. Russell, therefore, recommended that the Commission deny the issuance of this Certificate of Compliance.
There was a motion made by Scott McLean to not approve the release for Certificate of Compliance for 20 Berkshire Drive because there was a lack of the required certification as required by 310 CMR 1005 (9) d. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Discussion: Conservation Commission Rules & Regulations and Bylaws
George Russell, Conservation Agent, informed the Commission that he has been reviewing the rules and regs, bylaws and applications and he has found some confusing formats and conflicting regs.
At the next Conservation meeting, he will be proposing some revisions to the wetlands bylaw and the rules and regs. as well; some items of which are duplicates.
This is all being reviewed to make them consistent. There are conflicts within the NOI packets, all of which will be reviewed and revised.
The revisions to the bylaw and rules and regs. are required to go through the public hearing process; the NOI application packets do not.
The drafts for all of the above-mentioned documents will be available for review at the next meeting.
Violation: 674 Pleasant Street
Mr. Ken McKenzie, Engineer of Dunn McKenzie, representing the applicant, Mr. James Thornhill, appeared before the Commission on a violation matter at 674 Pleasant Street.
George Russell, Conservation Agent, informed the Commission members that the certified Enforcement Order was never picked up by the applicant and we had to serve it by constable. The applicant therefore only had about 2 weeks to comply with the restoration plan. The applicant has submitted a request to extend the Enforcement Order on the restoration plan. Mr. Russell recommended that the Commission extend the Enforcement Order to comply with the June 1st Notice of Intent filing due to the weather conditions.
There was a motion made by Scott McLean to extend the requirement for the submission of the restoration plan until June 1st. 2015 with the understanding that it will not be extended beyond June 1st and fines will start issuing on June 2nd, 2015 if it has not been submitted. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Signed Minor Buffer Zone Activities
Minor Buffer Zone Activity – 9 Spruce Pond Road – Gilbert
Minor Buffer Zone Activity – 10 Spruce Pond Road – Berger
Minor Buffer Zone Activity – 11 Spruce Pond Road – Shaw
Minor Buffer Zone Activity – 12 Spruce Pond Road – Fugere
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
The meeting adjourned at 8:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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