Franklin Conservation Commission
Minutes of Meeting
June 11, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, S. McLean, B. Batchelor, George Russell, Conservation Agent
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – 29 James Street – Ciampa
Carmella Ciampa, owner, appeared before the Commission for the removal of three trees at 29 James Street.
Ms. Ciampa gave the Commission members an overview of the plans for the removal of trees and a description of how the work will be done using a bucket truck. She stated one tree is leaning and dying, a large pine tree would demolish the house if it fell, and the third tree does not look healthy. In addition, she stated she would like to plant two or three pine trees in the backyard to block view of neighbors, mitigating the requested tree removal.
The Commission scheduled a site walk for Saturday, June 13, 2015 at 9:00 AM.
There was a motion made by Scott McLean to continue the public hearing for the RFD for 29 James Street to June 25, 2015 at 7:35 PM. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Weston Woods - 1312-1342 West Central Street – Acme Jazz
Mr. Russell stated that this project is currently in peer review. The applicant is requesting a continuation until the engineer’s report is received.
There was a motion made by Paul Harrington to continue the public hearing for the NOI for Weston Woods, 1312-1342 West Central Street to June 25, 2015 at 7:25 PM. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 8 Paulene Drive – Shugrue
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., representing the applicants Peter and Paulene Shugrue appeared before the Commission for the installation of 720 sq. ft. garage.
Mr. Nielsen gave the Commission members a detailed overview of the plans for this project. He stated building will be done within the 25-50 foot zone per regulations. The lot had an order of conditions in 1990 and received certification in 1992. Under current regulations, it is considered a disturbed area. The proposed garage is located on a current lawn area, therefore fewer fertilizers and phosphates will be used. Also, parking cars in the garage eliminates seepage. They have provided for roof runoff. With the approval for the garage, the current shed on cinder blocks will be removed and not replaced. Shrubs for habitat will be added. No activity will be in the 25 foot buffer except removing the shed and replanting.
Mr. Russell stated visited the site and talked with the property owners. He recommended the special conditions listed in his agent’s report be applied.
There was a motion made by Ravi Pendkar to close the public hearing for the NOI for 8 Paulene Drive. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to approve the NOI for 8 Paulene Drive with the Commission’s Special Conditions of #20, #24, #27-30, #34, and #44, and with the stipulation that the existing shed is to be removed rather than relocated as shown on the map. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 17 Jefferson Road – Town of Franklin DPW
Amy Ball of Horsley Witten Group, Inc. representing the Town appeared before the Commission for the installation of infiltration basin to detain road runoff from flowing un-detained.
Ms. Ball stated this is actually a continued hearing from two weeks ago due to an administrative issue. The original filing was advertised as 15 Jefferson Road rather than correctly as 17 Jefferson Road.
Mr. Russell confirmed that the application has been re-advertised with the correct address. The information presented at the last hearing has not changed. He recommended the special conditions listed in his agent’s report be applied.
There was a motion made by Ravi Pendkar to close the public hearing for the NOI for 17 Jefferson Road. 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 17 Jefferson Road with the Commission’s Special Conditions of #20, #23, #24, #34, #44, #46 and #47. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Abbreviated Notice of Resource Area Delineation – 45 Kenwood Circle – Strategic Materials
Mr. Russell stated that this application is currently out for peer review. There were delays in getting the appropriate funding to the Town. The Town cannot authorize peer review until funds have been received. He recommended continuation of the hearing to the next Commission meeting.
There was a motion made by Paul Harrington to continue the public hearing for the ANRAD for 45 Kenwood Circle to June 25, 2015 at 7:40 PM. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Request for Determination – 45 Kenwood Circle – Strategic Materials
Mr. Russell stated that the results of the peer review in establishing the wetlands line can significantly impact where the buffer zones are. Therefore, he recommended continuation of the hearing to the next Commission meeting, pending receipt of peer review.
There was a motion made by Paul Harrington to continue the public hearing for the RFD for 45 Kenwood Circle to June 25, 2015 at 7:45 PM. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Permit Extension: Chestnut Street Senior Village
Mr. Russell stated the applicant has requested a three-year extension which is allowed under State statute. Local bylaw only allows for a one-year extension. He recommended a one-year extension due to the administrative difficulties that ensue when there are two different dates whereby potentially one permit becomes void and the other does not. The local bylaw only allows for three (3) one-year extensions and this would be the second.
Commission responded favorably to the one-year extension under local bylaw; if additional extension is needed the applicants will appear before Commission again.
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., representing the applicant agreed this was acceptable.
There was a motion made by Paul Harrington to extend the permit modification for Chestnut Street Senior Village for one year from the current expiration date. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Certificate of Compliance: 14 Garnet Drive
Mr. Russell stated that the certificate for release is ready to go forward.
There was a motion made by Paul Harrington to release the Certificate of Compliance for 14 Garnet Drive. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Certificate of Compliance: 2 Bell Circle
Mr. Russell stated that this is an expired order of conditions that was never released and discovered during title searching. A site inspection and review of the file revealed that there are no problems preventing release.
There was a motion made by Ravi Pendkar to release the Certificate of Compliance for 2 Bell Circle. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Discussion: Annual Report
Mr. Russell stated that the Annual Report is in its final form except for the numbers to be added at the end of the month. He requested that if Commission members have comments, concerns, questions or suggestions please email them to Mr. Russell by June 25, 2015. Mr. Russell requested Commission members confirm the photographs in the report are acceptable.
Discussion: 176 Grove Street
Mr. Russell provided information to the Commission regarding, in the opinion of the DPW, a non-reportable oil spill at 176 Grove Street. This is a notification to the Commission that the event occurred. Mr. Russell stated he believes the situation has been rectified and recommended no further action necessary.
Violation: 674 Pleasant Street
Mr. Russell stated the final date for filing the Notice of Intent was June 1, 2015, and it was not met. The applicant provided a written request to Mr. Russell’s office for a meeting with the Commission to discuss concerns. Mr. Russell stated he would hold off issuing fines until the applicant had the opportunity to meet with the Commission.
James Thornhill, property owner and applicant at 674 Pleasant Street, addressed the Commission. He provided a review of the violation. Although no documentation, file or records have been provided, Mr. Thornhill claimed that a previous Conservation Commission gave him permission to change the location of his house from the approved NOI plans. He stated he was willing to work with the Commission to rectify the problem, but could not incur the large expense of a new NOI.
Mr. Russell stated he has reviewed the minutes from the previous meeting referenced by Mr. Thornhill and there was no formal vote to approve said changes. As well, Mr. Russell stated he did a thorough review of the existing file and computer documents for this address and did not find any correspondence indicating permission given. He stated Mr. Thornhill also ignored the enforcement order for the restoration plan. Mr. Russell stated for the record that this is nothing personal. He feels very strongly that the statutes at both state and local levels have been violated
and there is no paper trail indicating any modifications to the NOI were granted. A modification must be approved by the Commission in writing and then filed in land records after a public hearing. Mr. Russell reiterated that the Commission voted at their February 17, 2015 meeting that the extent of the changes on this site rise to the level of a new NOI.
As such, the Commission confirmed that legally there was no approval granted for changes made to the existing NOI; therefore, a new NOI is needed which must cover all changes made. Although Mr. Thornhill indicated this is not his fault, the Commission stated that Mr. Thornhill is liable.
Mr. Thornhill said he needed time to raise funds to file a new NOI and requested a site visit to determine if a restoration plan is needed.
The Commission stated they would grant a one-time only amnesty period with no further extensions to allow applicant time to procure funds to file the required new NOI. The expectation is for a new and complete NOI with the current status of the property, and no work is to be done on the property including clean-up and removal until the NOI is submitted and approved.
There was a motion made by Scott McLean to extend the two enforcement orders for 674 Pleasant Street until September 2, 2015 with the same stipulations from the previous orders noting that this is a one-time only amnesty period and there will be no further extensions. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1 (4-Yes; 0-No; 1-Abstain).
CHAIR AND COMMISSION COMMENTS
The Commission discussed a memorandum regarding two large parcels of land that Town Council approved to be taken as Open Space. One area is located at the top of Lincoln Street—the possibility of a boating area with access to Charles River could be a consideration. The second area is farther down Lincoln Street—a farm area which could be used as a playground/park including soccer fields. Trails and plans to connect the two parcels should be considered.
Mr. Russell noted that the Open Space and Recreation Plan is beginning to be reviewed and will include public hearings and Commission involvement.
Signed Orders of Conditions, Extension Permit & Certificates of Compliance
Certificate of Compliance – 2 Bell Circle – Wade – SE159-164
Certificate of Compliance – 14 Garnet Drive – Saidha – CE159-1057
Extension Permit – Chestnut Street Senior Village – SE159-918
Orders of Conditions – 8 Paulene Drive – Shugrue – CE159-1094
Orders of Conditions – 17 Jefferson Road – Town of Franklin DPW – CE159-1095
There was a motion made by Chairman Jeffrey Livingstone to adjourn the meeting and accepted with a vote of 5-0-0.
The meeting adjourned at 8:44 PM.
Respectfully submitted,
Judith Lizardi
Recording Secretary
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