Franklin Conservation Commission
Minutes of Meeting
April 9, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, R. Pendkar, S. Younis, S. McLean, George Russell, Conservation
Agent, Kathleen Celorier, Secretary
Paul Harrington, Commission member, chaired this meeting as Jeff Livingstone, Commission Chairman, was not in attendance.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued - Public Hearing – Abbreviated Notice of Resource Area Delineation – 60 Daniels Street - Longobardi
Mr. George Russell, Conservation Agent, stated there was a request from the applicant to continue the public hearing for 60 Daniels Street to April 23, 2015.
There was a motion made by Scott McLean to continue the public hearing for the ANRAD for 60 Daniels Street to April 23, 2015 at 7:40 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Continued - Public Hearing - Notice of Intent – 10 Cotton Tail Lane - Ronca
The Commission received a letter from the applicant, Mr. Ronca, to continue the public hearing for 10 Cotton Tail Lane to April 23, 2015.
There was a motion made by Ravi Pendkar to continue the public hearing for the NOI for 10 Cotton Tail Lane to April 23, 2015 at 7:20 p.m. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 11 Forge Parkway – Eastern Propane
Steven Younis recused himself from this public hearing.
As a quorum was not available for this public hearing, Mr. Russell, on behalf of the Commission, stated to Mr. Don Nielsen, representing the applicant, that the hearing, as well as the request for
the Certificate of Compliance, will be extended to the next Commission meeting on April 23, 2015 at 7:45 p.m.
Continued - Public Hearing – Notice of Intent – 176 Grove Street – Novaya Real Estate
The Commission received a letter from the applicant to continue the public hearing for 176 Grove Street to April 23, 2015.
There was a motion made by Ravi Pendkar to continue the public hearing for the NOI for 176 Grove Street to April 23, 2015 at 7:50 p.m. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 529 West Central Street – Midas Muffler
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., representing applicants Jeff and Donna Stearns, appeared before the Commission for the construction of an eight-bay Midas building for tire and auto service at 529 West Central Street. He reiterated the release of 505 West Central Street with the Certificate of Compliance allowing the Commission to issue an Order of Conditions for the Midas site, Lot 1. All paperwork and requirements for Conservation Commission, Planning Department, Town Engineer, and BETA Group have been completed.
Mr. Russell confirmed all above noted offices are in agreement and recommended special conditions should the application be approved.
Marie Delzappo, representing the abutter Franklin Crossing Condominiums, addressed the Commission. She requested and received confirmation that the wetlands include the group of trees and stream between the two lots and the 25 ft. buffer of trees will not be cut down.
There was a motion made by Scott McLean to close the public hearing for the NOI for 529 West Central Street. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to grant the NOI for 529 West Central Street with the Commission’s Special Conditions of #20-35 and #44-48. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 28 Stewart Street
Steven Younis remained in attendance, but noted his friendship with the property owners.
Mr. Paul Sullivan and Ms. Maria Sullivan, owners and residents at 28 Stewart Street, addressed the Commission. Mr. Sullivan provided an overview of the property’s history. On March 17, 2015, during a microburst a tree fell on the house and into a child’s bedroom causing approximately $10,000 in damage. The residence borders conservation lands. Mr. Russell made a site inspection, as did the Franklin Fire Department. The property includes many tall pine trees and the owners have incurred fallen trees on the property for the past two years. As this presents a dangerous situation, Mr. and Mrs. Sullivan are requesting the Commission allow them to
remove trees from the property to prevent further damage. Charron Tree Service has made recommendations and marked fourteen trees that pose danger.
Mr. Russell stated that the submitted permit is for the removal of the current fallen tree only. He stated that the Commission has taken a strong stance over the past years; therefore, the removal of trees from the buffer and wetlands will require a Notice of Intent.
The Commission indicated the area would need to be delineated to determine wetlands and buffer zone locations. Trees marked for removal would be mitigated with other plantings in order to maintain balance and keep as much of the wetlands as possible.
There was a motion made by Scott McLean to approve the after-the-fact permit for the Minor Buffer Zone Activity at 28 Stewart Street, the removal of the tree from the house. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
Permit Modification: Extension for Lot 1, Lot 2, Lot 3, and Lot 4 Marine Way
Mr. Russell stated the applicant had submitted three Notices of Intent which expired on April 1, 2015. Requests for extensions were submitted on March 25, and March 30, 2015, prior to the expiration date; but, by law the application shall be filed 30 days prior to the expiration date. Therefore, requests were not filed within the allotted time frame and cannot be extended.
Applicant indicated that he would like to proceed in the timeliest way which is to resubmit the three NOI’s, and he would consult with Mr. Russell to complete the process.
There was a motion made by Ravi Pendkar to not accept the application of extension for Lots 1, 2, 3, and 4 Marine Way on the grounds that the application was not received 30 days prior to expiration date per 310-CMR. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
Certificate of Compliance: 505 West Central Street
Mr. Russell stated this is part of an ongoing process which involves the public hearing for 529 West Central Street. The Order of Conditions applies to the larger parcel which has been sub-divided into four smaller parcels. As part of the request for release the conditions indicate that the other parcels at 529 West Central Street and 515 West Central Street will be independent with separate Notices of Intent. The release of this parcel has five stipulations that should remain in perpetuity.
There was a motion made by Scott McLean to issue the Certificate of Compliance for 505 West Central Street with the Commission’s Conditions #55, #58, #59, #60 and# 61 attached in perpetuity. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
Violation: 45 Kenwood Circle
Mr. Russell provided an overview of the history and a status update of the property stating that the property was subject to an enforcement order by the Department of Environmental Protection for a number of issues, including wetlands. The owner of the property and the operator of the site
are in the process of negotiating a consent order, which will require the current site operators to file a Notice of Intent. The physical appearance of the site has improved and is being cleaned up. There are still significant issues that need to be addressed, including stormwater.
Mr. Richard Niles, Project Manager of AMEC Environment & Infrastructure, Inc., Randall Pruitt, Environmental Compliance Manager of Strategic Materials, and Mike Curtner, Director of Operations of Strategic Materials, addressed the Commission. Mr. Niles stated he has had correspondence with Mass. DEP regarding the enforcement action and is working with them to clarify items to be completed. A Notice of Intent was filed to address concerns regarding the enforcement action. Mr. Niles summarized the history of the previously approved existing permits and documents, and stated that Mass. DEP was under the impression that there was no NOI for the original site development. There is an Order of Conditions and a partial Certificate of Compliance from 1993/1995. Items provided to the Commission included the EPA’s
authorization letter, a list and status of site improvements from the site walk on April 1, 2015, and a follow-up letter to the Town addressing the enforcement actions from Mass. DEP. They have a previous negative determination for the stormceptor installation, and the Minor Buffer Zone Activity permit authorization was for two years. All other items are maintenance related. The stormwater pollution prevention plan is being updated and scheduled to be completed at month’s end.
Mr. Curtner addressed the reasons the recycled glass piles grew so large. In July 2014 the operators lost one of their primary recycled glass customers, large quantities of recycled glass were received during summer due to the seasonal influx, and the plant experienced equipment issues creating a large build-up of inventory. Subsequently, the plant equipment is back to OEM standards to process material, the customer base is being improved, and the Rhode Island recycling preprocessing site is providing cleaner product.
Mr. Russell stated four issues: 1. There is no legal up-to-date wetlands delineation, 2. Prior permitting issues allow stormceptors to be installed in the buffer, but the buffer location is not known without delineation, 3. DEP issues will affect how Strategic Materials proceeds forward, and 4. Lack of stormwater management and maintenance is creating pollution issues in the wetlands.
The Commission reiterated the problems are water and pollutants getting into the wetlands and determining that the cleaning mechanism is fail-safe. The first step is to verify delineation.
Mr. Russell agreed that the wetlands delineation must be first in order to stop any pollutants from getting into the area. He recommended applicant file the ANRAD and RDA for the same night. The next available Conservation Commission meeting is May 14, 2015.
Violation: 78 Daniels Street
The Commission summarized the history of the property stating that a complaint had been made concerning fill going into a delineated buffer area. When the residents had appeared before the Commission during the winter months, it was agreed that the property needed to be inspected
after the snow melted. As such, the Commission asked if there were any objections to Mr. Russell performing a site visit.
Mr. Ronald Peters and Ms. Lynne Peters, residents at 78 Daniels Street, addressed the Commission. Mr. Peters stated that he objected to the Commission coming out to view the property. Mr. Peters stated he had contacted Congressman Joe Kennedy’s office and after a telephone discussion with an office employee, the employee stated Mr. Peters was in the right. As such, Mr. Peters questioned the Agent and Commission’s understanding of the laws; farmers are protected. Mr. Peters stated his property is clearly a farm and he is not in violation. He stated that the material brought in was not fill, but rather rocks as he planned to build a stone wall around the perimeter. However, he has now decided to install a fence. He stated this is the third time he has had a complaint against his property and it
has become a witch hunt. He stated that if there is no agreement tonight the Commission can take him to court.
Mr. Russell reiterated that the most recent complaint received by his office regarded fill being placed in the rear at this address. Although Mr. Russell received correspondence from the property owners stating there was no need to conduct a site visit as the fill was not in the wetlands, he is legally responsible to investigate the complaint. The current issue may not be a violation, but it is impossible to determine without a site visit.
The Commission noted that when a complaint is filed, whether valid or not, the Commission is legally obligated to follow-up. Therefore, Mr. Russell must perform a site visit to investigate the complaint even if the property owners state they are not in violation. As well, the Town bylaws are stricter than State laws.
Mr. Peters stated that he would like to go to court to have a judge declare that Mr. Russell must go on his property.
Mr. Russell explained that his next step is to go to court and apply for a search warrant. With a search warrant he has a legal right to do whatever is necessary on the property. In addition, if a violation is found the Town fines will be issued at $300 per day, and State law fines are $25,000 per day.
Mr. Peters stated that he would allow a site visit after his planted clover begins to grow.
There was a motion made by Scott McLean that the Conservation Agent will go out to 78 Daniels Street on June 1, 2015 based on a complaint and with the permission of the property owners to confirm whether or not there is fill in the wetlands in violation of the bylaws. The motion was seconded by Steven Younis and accepted with a vote of 4-0-0.
Minutes:
There was a motion made by Scott McLean to accept the minutes for March 5, 2015 with one correction. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Discussion: Local Bylaw/Regulations
Mr. Russell provided an overview of the Commission’s bylaws and regulations stating that Chapter 271 of the local bylaws details the rules under which the Commission operates. The regulations under which the Commission operates are often a duplication of Chapter 271. The proposal is to eliminate the duplication and renumber the regulations, as well as modify restrictive items in the bylaws. A public hearing is required for the Commission to make modifications to Chapter 271.
There was a motion made by Scott McLean to establish a public hearing for the amendments to the bylaws and regulations on May 14, 2015 at 7:15 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Discussion: Informational Packets
Mr. Russell provided an overview of the current ongoing process to update informational packets provided to the public for various filings to make them more user-friendly. When completed, the updated packets will be available online through the Commission’s website. This process does not require a public hearing or the Commission’s approval, but requesting input and suggestions from Commission.
Signed Minor Buffer Zone Activity, Orders of Conditions & Certificate of Compliance
Certificate of Compliance – 505 West Central Street – J&J West Central Street - CE159-1009
Minor Buffer Zone Activity – 28 Stewart Street – Sullivan
Orders of Conditions – 529 West Central Street – Jeff & Donna Stearns – CE159-1087
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 9:00 p.m.
Respectfully submitted,
Judith Lizardi
Recording Secretary
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