Franklin Conservation Commission
Minutes of Meeting
May 14, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, R. Pendkar, S. Younis, S. McLean, B. Batchelor, 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.
Amend the Conservation Commission Bylaws, Rules and Regulations
Mr. George Russell, Conservation Agent, provided an overview of the proposed amendment to the Commission’s bylaws stating the rules and regulations under which the Commission operates are often a duplication of Chapter 271. The proposal is to eliminate duplication and reword to make more compatible, as well as modify restrictive items in the bylaws, such as meeting location and time, to allow the Commission needed flexibility to officially operate.
There was a motion made by Ravi Pendkar to close the public hearing on the amendment to the bylaws and regulations of the Conservation Commission. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to approve the changes to Chapter 271 of the Town Code and the Conservation Commission rules and regulations as outlined. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing - Notice of Intent – 10 Cotton Tail Lane - Ronca
Mr. Robert Truax, Principal, GLM Engineering Consultants, Inc., and William Ronca, owner and applicant, appeared before the Commission for the construction of a single-family house at 10 Cotton Tail Lane.
Mr. Truax gave the Commission a detailed overview of the plans for this project. He stated the NOI was filed during the past winter, thus, the hearing had been continued in order to provide ample time to reflag the line after the snow melted. The line was flagged this spring and represents the wetlands as they are today. He provided a description of the location of the proposed house as well as the planned erosion controls, buffers, grading, roof runoff and hay bales/work barriers to be installed.
Mr. Russell stated an on-site inspection was made and the flagging appears to be accurate. He noted that the original subdivision was approved under a superseding order from DEP which has expired. Therefore, the Commission may approve the NOI for the individual lot, but any work associated with the subdivision has to be re-permitted. As well, he requested stipulations for approval in his agent’s report.
There was a motion made by Ravi Pendkar to close the public hearing for the NOI for 10 Cotton Tail Lane. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to grant the NOI for 10 Cotton Tail Lane with the Commission’s Special Conditions of #20-35 and #44. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 11 Forge Parkway – Eastern Propane
Steven Younis recused himself from this public hearing.
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., representing applicant Eastern Propane, appeared before the Commission for the construction of a 2,320 sq. ft. addition of a 2-bay garage at 11 Forge Parkway. He stated changes recommended by Michael Maglio, Town Engineer, have been made to accommodate all drainage in the back to collect in the small rain garden; a sediment forebay was also installed. This site was built in the early 1990s, as such, upgrades have been made to bring into better compliance while trying to mitigate and control existing conditions as the wetlands are within inches of the parking lot. Planning Board has required all parked vehicles be on pavement. An equal amount of pavement was removed to accommodate for the 2-bay building addition. The underground holding tank will comply with
DEP plumbing code regulations.
Mr. Russell noted special conditions for approval. As well, he recommended the Certificate of Compliance for the original Order of Conditions be postponed until the next meeting.
There was a motion made by Scott McLean to close the public hearing for the NOI for 11 Forge Parkway. The motion was seconded by Ravi Pendkar and accepted with a vote of 3-0-1 (3-Yes; 0-No; 1-Abstain).
There was a motion made by Scott McLean to grant the NOI for 11 Forge Parkway with the Commission’s Special Conditions of #20-35 and #44. The motion was seconded by Ravi Pendkar and accepted with a vote of 3-0-1 (3-Yes; 0-No; 1-Abstain).
Continued - Public Hearing – Notice of Intent – 176 Grove Street – EBI Consulting
Mr. Karlis Skulte, Civil Engineer, EBI Consulting, and Ms. Erika Clarke, Novaya Real Estate Ventures, LLC, appeared before the Commission for site modifications and landscaping at building entrance at 176 Grove Street.
Mr. Skulte provided a summary of the site beautification and modification project to improve the entrance space, truck circulation and employee parking spaces. The plan includes a reduction of overall impervious area, water quality improvements, and additional landscaping. BETA Group, Inc. provided comments during the site plan review application and all issues have been addressed. As well, much on-site cleanup of trash and debris has been completed. Option to install a one-foot snow fence along the edge of the wetlands to reduce migration of debris was requested. The fence is not currently shown on the plans.
Ms. Clarke stated the snow fence would not be a permanent structure and would be anchored with garden stakes.
Mr. Russell recommended special conditions for approval.
There was a motion made by Scott McLean to close the public hearing for the NOI for 176 Grove Street. The motion was seconded by Steven Younis and accepted with a vote of 4-0-1 (4-Yes; 0-No; 1-Abstain).
There was a motion made by Scott McLean to approve the NOI for 176 Grove Street with the Commission’s Special Conditions of #20-35 and #44, as well as the addition of a seasonal snow fence installation on the north side of the wetlands to be erected from May 1, 2015 to October 1, 2015. The motion was seconded by Steven Younis and accepted with a vote of 4-0-1 (4-Yes; 0-No; 1-Abstain).
Public Hearing – Notice of Intent – 880 West Central Street – Wise
Frederick Wise, owner, appeared before the Commission for the installation of sewer force main along the paved roadway at 880 West Central Street.
Mr. Wise provided an overview of the project to tie into the Town sewer which requires a pump station be installed on the property. The drainage has been installed from the building to the on- site pump station as shown on the plan drawings. Two 2-inch force mains have been buried across the front part of the property and will continue up the berm alongside the guardrail. A new drainage basin will be installed where the force main will discharge and gravity feed into the Town sewer.
Mr. Russell stated he has verified the flags placed in the field. In addition, he stated a limited project cannot involve a private sewer line. As such, the applicant’s engineer and Mr. Russell have agreed this is not a limited project, it is an NOI. All of the proposed work is in areas that are currently paved.
The Commission confirmed the area is surrounded by wetlands and noted all is within 100 feet and most is within the 25-foot buffer.
There was a motion made by Steven Younis to close the public hearing for the NOI for 880 West Central Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the NOI for 880 West Central Street with the Commission’s Special Conditions of #20-35 and #44. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 332 Chestnut Street – Drouin
Jim Susi, Project Manager, United Consultants, Inc. appeared before the Commission for the upgrade of a septic system at 332 Chestnut Street.
Mr. Susi provided an overview of the construction of the septic upgrade project. The current work will be done in the existing lawn. The 100-foot buffer zone just clips the back of the property. An erosion control barrier will be installed during construction. The disturbed area will be replaced as a lawn area. The Board of Health has approved the system and a DEP number was provided. As well, he showed plans from the septic upgrade performed approximately three to five years ago at the adjacent lot bordering the same wetlands.
Mr. Russell stated all his concerns have been addressed.
There was a motion made by Ravi Pendkar to close the public hearing for the NOI for 332 Chestnut Street. 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 NOI for 332 Chestnut Street with the Commission’s Special Conditions specified in the agent’s report. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 1312-1342 West Central Street – Acme Jazz
Philip Cordeiro, Project Manager at Allen & Major Associates, representing Acme Jazz, appeared before the Commission for the construction of multi-family building at 1312-1342 West Central Street.
Mr. Cordeiro provided a detailed overview of the proposed multi-family residential development being permitted under the Mass. General Law Chapter 40B Comprehensive Permit Program. The project includes 280 residential units in three buildings and one external detached clubhouse/amenity building. They have worked closely with the Zoning Board of Appeals on the application as ZBA must confirm intent of the project is consistent with intent of the Mass. 40B program being in the interest of the Town to provide a number of affordable housing units. ZBA approval was received in March and now submitting NOI. Property being represented is two properties bounded on the north by West Central Street, on the south by Franklin State Forest, on the east by Spring Street, and on the west by the existing business park.
Of the approximately 20 acres of land, about half is wetlands. The wetland delineations shown on the plans have already been accepted by the Commission and remain in effect. There are a number of components of the project that fall within the 100-foot buffer zone and therefore are within the Commission’s jurisdiction.
Mr. Cordeiro noted they are seeking application under the Massachusetts Wetlands Protection Act and not the local Town of Franklin Conservation Commission bylaw. The comprehensive permit allows waivers from local bylaws if necessary to support a project deemed appropriate by the ZBA. As part of the application under the comprehensive permit, waivers from the local bylaws were requested, specifically work to be done within 25 feet of the vegetative wetlands and some structures within 50 feet of the wetlands, as outlined in the NOI application. As well, impervious coverage will constitute approximately five acres. Underground stormwater filtration systems are proposed to mitigate the potential increase and to provide for adequate protection.
Mr. Russell reiterated that this permit is not subject to the local bylaws, therefore, only dealing with state statutes and regulations. The Town Engineer has recommended peer review for this project based on drainage considerations. Mr. Russell stated he has discussed this with the Town Attorney who advised that the Conservation Commission’s approval is aimed at actual development plans whereas the ZBA’s approval is aimed at concept plans. The Commission’s approval in terms of project, drainage, and protections is controlling. In addition, he noted some dates on the plan sheets assembled for the Commission are different from those approved by the ZBA. Mr. Russell requested the document showing the property boundaries be stamped by a registered land surveyor.
The Commission agreed based on the scale of the project and the potential impact as it is so close to the wetlands that peer review is recommended.
Mr. Cordeiro indicated that the Commission’s plans were dated differently from the ZBA’s plans because of a logistics decision at Allen & Major. He stated the plans are much further developed than concept plans and include a 50 sheet drawing set which are fully engineered drawings close to construction level. GZA was hired to do a comprehensive peer review of the project which included all the stormwater management systems. Between ZBA permitting and NOI application, only one change to the plans has been made which is a revision to the only open air stormwater basin located behind Building Three. He requested that if peer review is recommended, the Commission choose certain areas that need to be reviewed rather than the entire project, and the peer review consultants be provided with all information
and previous GZA documents. He also stated that the fixed property boundaries and the wetland delineation locations which is the basis for the development on Plan Sheets 1-4 have been stamped.
There was a motion made by Steven Younis to continue the NOI for 1312-1342 West Central Street to June 11, 2015 at 7:20 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to authorize peer review for the stormwater issues related to the development, and applicants will provide Graves Engineering with documents and information from the GZA review as a comprehensive packet, for the NOI for 1312-1342 West Central Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 2 Master Drive
Cam Afonso, applicant, at 2 Master Drive appeared before the Commission for the replacement of an in-ground sign.
Mr. Russell stated this sign replacement meets all tests of MBZA requirements.
There was a motion made by Ravi Pendkar to approve the Minor Buffer Zone Activity at 2 Master Drive. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 10 Meadowbrook Road
Warren Welch, applicant, for 10 Meadowbrook Road appeared before the Commission for replacement of a deck collapsed by snow.
Mr. Welch confirmed the three footings would be placed in the same locations as the old footings and there would be no additional excavation.
There was a motion made by Scott McLean to approve the Minor Buffer Zone Activity at 10 Meadowbrook Road. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Permit Modification: 485 East Central Street
Patrick Doherty, Engineer, MidPoint Engineering and Consulting, LLC, on behalf of the applicant, Hawthorn Retirement Group, appeared before the Commission. He provided an overview of the project noting it was subject to an Order of Conditions. Two modifications from the originally approved project were discovered during construction. Proposing to eliminate the approved sidewalk that extends north to south along the western portion of the site and realign the emergency egress path on east side of the building resulting in approximately 2,000 sq. ft. less impervious area. These changes received approval from Planning Board on April 13, 2015.
Mr. Russell agreed these changes were minor and did not require a new NOI, and recommended a public hearing for an amendment be scheduled.
There was a motion made by Ravi Pendkar to require an amendment to the NOI for the changes at 485 East Central Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Discussion: 9 Spring Street
Michael Manley, applicant, for 9 Spring Street addressed the Commission. He requested guidance from the Commission for an amendment to a Minor Buffer Zone Activity application for a 20 feet by 50 feet (1000 sq. ft.) garden. He would like to reduce the garden to 25 feet by 25 feet which will allow moving the garden further away from the wetlands. Proposed raised beds for better drainage which will eliminate erosion by keeping soil in the garden, and a crush stone 4 feet wide by 100 feet length walkway from the house to the garden and around the garden to reduce mud on the pathway. The wetlands are to the south of the proposed garden.
Mr. Russell stated this amendment action would be documented with a letter for the records.
There was a motion made by Scott McLean to allow an amendment to the Minor Buffer Zone Activity to allow an approximately 400 sq. ft. crushed stone pathway from the house to the
previously proposed garden at 9 Spring Street. The motion was seconded by Steven Younis and accepted with a vote of 5-0-0.
Discussion: DPW Grant Funded Work
Robert Cantoreggi, Director, Franklin Department of Public Works, appeared before the Commission to provide a summary of the DPW Grant Funded Work project. He stated that the Town is pro-active in ground water resource management to facilitate conservation efforts, protect drinking water supply, and focus on stormwater management. Town received letter from State on March 15 for $108,000 grant with funds to be spent by June 31, 2015. Looked at existing basins from retention ponds to retain and recharge the water. Three sites with good soil in existing basins have been determined. Lady Slipper Lane and Hayden Lane locations require no construction, just moving pipes higher. Jefferson Road location will require digging and construction. Would like to treat water and collect pollution coming off
the road. Diagram showing the wetlands line and the 100-foot buffer was reviewed.
Mr. Russell recommended that all questions pertaining to the three specific sites be asked at the public hearing scheduled for the next Conservation Commission meeting. All applications have all been filed.
Certificate of Compliance: Eric Drive Outlet Control Structure
Mr. Russell stated this is a Commission project as it is on Conservation Commission land and funded by fees. It was designed by a peer review consultant and constructed by the DPW. A formal amendment to the Order of Conditions is required. The pipe and bank of this flood control structure located off of 136 Eric Drive were collapsing and needed to be made functional. A professional engineer has signed off that it has been completed according to plan.
There was a motion made by Ravi Pendkar to issue the Certificate of Compliance for the Eric Drive Outlet Control Structure. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0
Discussion: Peer Review
Mr. Russell stated the contract for the current peer review firm expires next month. An RFP/RFQ was submitted for consultant engineers performing peer reviews with a requirement that they have wetland scientists on staff or as sub-consultants. Three firms were chosen and interviewed. Selected consultant will be recommended to the Town Administrator. Commission will be advised.
Signed Minor Buffer Zone Activities & Orders of Conditions
Minor Buffer Zone Activity – 10 Meadowbrook Road – Welch
Minor Buffer Zone Activity – 2 Master Drive – Signs by Cam
Orders of Conditions – 10 Cotton Tail Lane – Maple Sands Corp. – CE159-1081
Orders of Conditions – 11 Forge Parkway – Eastern Propane – CE159-1082
Orders of Conditions – 332 Chestnut Street – Drouin – CE159-1090
Orders of Conditions – 176 Grove Street – Novaya Real Estate Ventures – CE159-1086
Orders of Conditions – 880 West Central Street – Wise – CE159-1089
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 5-0-0.
The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Judith Lizardi
Recording Secretary
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