Franklin Conservation Commission
Minutes of Meeting
May 28, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, R. Pendkar, S. Younis, S. McLean, B. Batchelor, George Russell, Conservation Agent
Absent: Jeff Livingstone
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – ANRAD – 45 Kenwood Circle – Strategic Materials – CE159-1092
Mr. Rich Niles of Amec, Mr. Stephen Herzog, Environmental Scientist of Foster Wheeler,
Mr. Randal Prewitt, Mr. Patrick Norton & Mr. Andrew Crowley of Strategic Materials all appeared before the Commission for the documentation of the wetland resource areas at the site.
Mr. Niles gave the Commission members some background information on what has transpired on the site to date. He has been working with the DEP regarding this matter addressing a Notice of Non-Compliance and Administrative Consent Order regarding wetlands violation.
Mr. Niles submitted a revised ACOP that was just received earlier today and he submitted this document to be reviewed by the Town Attorney and subsequently added to the Conservation file.
He explained to the Commission what Strategic Materials had done so far to address the issues with the DEP.
DEP has also requested a stormwater management report to be submitted. This document was also submitted at tonight’s meeting.
George Russell recommended that the critical issue on this site is the location of the wetlands line. Mr. Russell also recommended that the Commission authorize peer review of the ANRAD only and continue the hearing until the next meeting.
Based on that wetland line, all of the other issues on the site will follow.
Mr. Niles stated that 2 consultants have already looked at the wetland line and verified by Amec Foster Wheeler. Mr. Russell stated that he believes that the consultant could make their determination by the end of the next meeting.
There was a motion made by Ravi Pendkar to authorize peer review for 45 Kenwood Circle for the ANRAD only. The motion was seconded by Bill Batchelor and accepted with a vote of
4-1-0; 4 Yes, 1 No, 0 Abstentions.
There was a motion made by Ravi Pendkar to continue the public hearing for 45 Kenwood Circle ANRAD until June 11th at 7:35 p.m. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – 45 Kenwood Circle – Strategic Materials
The public hearing for 45 Kenwood Circle was opened. George Russell, Conservation Agent, stated that he recommended that this hearing be continued pending the findings of the peer review of the ANRAD.
There was a motion made by Scott McLean to continue the public hearing for the RDA for 45 Kenwood Circle until June 11th at 7:40 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 17 Jefferson Road – Town of Franklin DPW – CE159-1095
Ms. Amy Ball, Senior Ecologist of Horsley Witten Group, and Nigel Pickering, Project Manager, both appeared before the Commission for the installation of infiltration basin to detain road runoff from flowing un-detained.
Ms. Ball gave the Commission members some background information on the grants received by the Town of Franklin DPW to conduct this project as well as the projects to be conducted at 11 Hayden Lane and 15 Lady Slipper Lane.
This project is designed to create an infiltration basin that will act as a forebay to an existing basin that was built back in the 1980’s. Ms. Ball explained to the Commission members as well as the abutters to the site in attendance how this project will work. The project will be conducted within the resource area but no disturbance will take plaee within the 25 ft. no disturb zone.
All of this work will take place on Town-owned land.
George Russell, Conservation Agent, stated that there is a legal problem in that the hearing was advertised for 15 Jefferson Road when the site is actually 17 Jefferson Road. Therefore, the hearing had to be readvertised with the correct address. The abutters list is the same, however. He recommends that the Commission continue the hearing to the same time as the readvertised hearing at the next meeting.
Ms. Kenzie Blackwell, an abutter of 18 Jefferson Road, asked if there are any future development plans for the area, what is the duration of the project and what are the safety implications for the abutters. Is it a safety concern for their children?
Mr. Mike Dasilva, an abutter of 22 Jefferson Road, questioned what is the exact location of the proposed work? Will the road be torn up or any driveway cutout be put in?
Ms. Kenzie Blackwell, an abutter of 18 Jefferson Road, questioned if there will be better water drainage. Ms. Ball stated that there will be better water quality.
Mr. Michael Willey, an abutter of 4 Simmons Circle, questioned if the water will back up into the wetlands? Mr. Pickering stated that the hydraulics will be improved with this work. It is designed to accommodate the 100-year flow.
Mr. James Sbordon, an abutter of 16 Jefferson Road, questioned if this work has been done before and what is the overall impact of the wetlands as a result of this work. Mr. Pickering stated that the overall water quality of the wetlands will actually improve.
Mr. Michael Willey, an abutter of 4 Simmons Circle, questioned how much land does the Town own on this site? Ms. Ball stated that the area the Town owns is 1.8 acres.
There was a motion made by Scott McLean to continue the public hearing for 15 Jefferson Road to the June 11th meeting at 7:30 p.m. for 17 Jefferson Road. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – 11 Hayden Lane – Town of Franklin DPW
Ms. Amy Ball, Senior Ecologist of Horsley Witten Group, and Nigel Pickering, Project Manager, both appeared before the Commission for retrofit of the existing stormwater basin.
Ms. Ball gave the Commission members a detailed overview of the project plans for the site. She stated that this is the 2nd of the 3 priority sites implementing stormwater management recharge to groundwater.
This site is within an easement. There is an existing detention basin. There is a bordering vegetated wetland associated with Uncas Brook. There will be no excavation for this work.
Mr. Pickering gave an explanation to the Commission of how this work will be performed.
There was a motion made by Ravi Pendkar to close the hearing for 11 Hayden Lane. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to issue a Negative Determination for the 11 Hayden Lane RDA. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – 15 Lady Slipper Lane – Town of Franklin DPW
Ms. Amy Ball, Senior Ecologist of Horsley Witten Group, and Nigel Pickering, Project Manager, both appeared before the Commission for retrofit of the existing stormwater basin.
Ms. Ball gave the Commission a detailed overview of this project; it is the 3rd of the priority projects under this grant to the Town. This project is intended to improve water quality. It is located at the corner of Longhill Road and Lady Slipper Lane. The only resource area is an intermittent stream which discharges into the detention basin. There are 3 outlet structures.
George Russell, Conservation Agent, stated that the property owners have installed a dewatering pump along with a 6” plastic pipe which runs down into the lower basin. Also, there is a large pile of brush sitting on the site and could clog the outlet pipes.
Special conditions that the pipe be removed, the brush be removed and the dewatering pump be removed were recommended by Mr. Russell.
There was a motion made by Scott McLean to close the hearing for 15 Lady Slipper Lane. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean for a Negative Determination for the 15 Lady Slipper Lane project with the conditions that the drainage pipe, the dewatering pump and the significant pile of vegetative debris in the basin be removed. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Certificate of Compliance: 11 Forge Parkway – SE159-538
George Russell, Conservation Agent, stated that this release from conditions is for a Notice of Intent that has expired. All of the required paperwork has been submitted and recommended that the release from conditions be granted.
There was a motion made by Scott McLean to grant the Certificate of Compliance for 11 Forge Parkway. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Discussion: By-Law Amendment
George Russell, Conservation Agent, recommended that the Commission recommend that the Town Council amend section 7 of Chapter 181 of the Town Bylaw as indicated.
There was a motion made by Scott McLean that the Conservation Commission recommends to the Town Council to amend section 7 of Chapter 181 of the Town code to read:
Any person filing a permit application with the Commission shall provide a copy thereof at the same time to the DPW Director. A copy shall be provided in the same manner to the Conservation Commission of the adjoining municipality if the application pertains to property within 300 feet of that municipality. An affidavit of the person providing notice with a copy of the notice mailed or delivered, shall be filed with the Franklin Conservation Commission. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Minutes
There was a motion made by Scott McLean to accept the minutes of the April 23rd meeting. The motion was seconded by Steve Younis and accepted with a vote of 3-0-2 3 Yes, 0 No, 2 Abstentions.
There was a motion made by Scott McLean to accept the minutes of the May 14th meeting with 1 revision. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Signed Certificates of Compliance & Determinations of Applicability
Certificate of Compliance – 11 Forge Parkway – LP Gas Equipment – SE159-538
Certificate of Compliance – Eric Drive Culvert – Town of Franklin – CE159-1074
Determination of Applicability (Negative) 11 Hayden Lane – Town of Franklin
Determination of Applicability (Negative) 15 Lady Slipper Lane – Town of Franklin
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
The meeting adjourned at 8:35 p.m.
Respectfully submitted,
Kathleen Celorier
Recording Secretary
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