Franklin Conservation Commission
Minutes of Meeting
July 16, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, S. McLean
B. Batchelor, George Russell, Conservation Agent
Absent: S. Younis
Mr. George Russell’s Agent’s Report and Supplemental Agent’s Report have been appended to the minutes.
Public Hearing – Request for Determination – 5 Kenwood Circle – RCG Kenwood
George Russell, Conservation Agent, informed the Commission members that he has sent a review letter to the applicant’s engineer last June requesting additional information and has not yet received the information.
Mr. Peter Bemis, Engineer of Engineering Design Consultants, appeared before the Commission for the installation of stormwater management structures. The Commission Chairman advised Mr. Bemis to request a continuance until the next meeting in order to give Mr. Russell an opportunity to review the material.
There was a motion made by Scott McLean to continue the hearing for the RDA for 5 Kenwood Circle until July 30th at 7:35p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Weston Woods – Acme Jazz – CE159-1091
Mr. Phil Cordeiro, Engineer of Allen &Major, appeared before the Commission for the construction of multi-family buildings at 1312-1342 West Central Street.
Mr. Russell informed the Commission that the peer review was just received this afternoon and it was also sent to the applicant by Graves Engineering. He stated that he has not yet had an opportunity to review this document. He also recommended that revised plans be sent back to
Graves as there are some significant issues contained in the peer review.
Mr. Russell stated that they are requesting revised drainage calculations.
Mr. Cordeiro stated that he does not see anything in this peer review document that fails to protect the Wetlands Protection Act.
Mr. Russell stated that he will put it in writing that they need peer review comments by July 30th. This review must be reviewed and approved before the Commission can approve the project and issue Orders of Conditions.
There was a motion made by Paul Harrington to continue the public hearing NOI for Weston Woods until July 30th at 7:40 p.m. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Amendment – Franklin Heights – North Berwick Trust – SE159-911
Mr. Bill Batchelor, Conservation Commission member, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Mark Fantasia, representing North Berwick Trust, both appeared before the Commission for an amendment to an existing Notice of Intent.
Mr. Russell, Conservation Agent, informed the Commission that there is an issue with the abutter notification. It was sent out for a change to the buildings which is not the case. He has consulted with the Town Attorney and requested that the applicant at the hearing makes a decision on whether he wishes to proceed at their own risk. The Commission Chairman asked Mr. Fantasia whether he wishes to proceed with the public hearing. Mr. Fantasia stated that he does wish to proceed.
Mr. Nielsen submitted the abutter notification cards to be added to the Conservation file.
Mr. Nielsen stated that they are here to amend the Orders of Conditions as the previous owner did not comply with all of the special conditions in the original OOC. The applicant is a new owner and some of the conditions were not complied with by the prior owner that need to be rectified with the Commission. Some of inspections, etc. were not done. The applicant would like to start anew today and move forward so as to create a record.
Mr. Russell stated that he recommends that the requirements for these special conditions requiring these reports be adopted from today and moving forward.
A Commission member raised concerns regarding the fact that there is no record that the inspections were ever performed. Mr. Russell stated that at the end of the project, the applicant will be required to file for a Certificate of Compliance at which point the engineer will have to certify that everything that was approved was done in accordance with the plans.
Mr. Bill Batchelor, a resident of Franklin Heights, stated that he has personally walked the site to check for breach of wetlands and found none. There is also no trash or debris in the wetlands or in the detention basin.
There was a motion made by Scott McLean to close the public hearing for the Franklin Heights Amendment to the Notice of Intent. The motion was seconded by Ravi Pendkar and accepted with a vote of
5-0-0.
There was a motion made by Scott McLean to accept the Amendments to the existing NOI for Franklin Heights. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 399 Oak Street
Mr. & Mrs. Jeffrey King, the homeowners, appeared before the Commission for the installation of a fence. There are wetlands located approximately 30 ft. from the location of where they would like to install the fence. This fence would be placed on previously disturbed area.
There was a motion made by Ravi Pendkar to approve the MBZA for 399 Oak Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Discussion: Regulation Amendments
George Russell, Conservation Agent, informed the Commission that he has found some issues with the existing amendments to the regulations. Mr. Russell recommended that the Commission set a public hearing at the next Conservation meeting to address these issues should the Commission choose to do so.
There was a motion made by Scott McLean to set up a public hearing for the amendments to the regulations for August 13th at 7:15 p.m. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: Open Space and Recreation Plan Update
George Russell, Conservation Agent, informed the Commission that the Town has recently purchased a parcel of land on 864 Lincoln Street. There is a memo from the Assistant Town Engineer with a map depicting the trails on this site. Mr. Russell gave the Commission a description of the slopes and trails on the site.
There is a staff committee being comprised under the direction of the Town Planner to come up with uses for this parcel. Mr. Russell requested that the Commission visit the site and send any comments or recommendations to him within the next few days if possible.
Mr. Russell also informed the Commission members that the Open Space and Recreation Plan update will be started in the near future.
Mr. Russell has also started to review this but the primary input on many of the plans sections will be from the Commission. He will keep the Commission apprized of all the issues regarding this as the plan develops.
Discussion: Keystone Project Franklin Forest Development
Proposal
Jeff Livingstone, the Commission Chairman, gave the Commission an update of the Keystone Forest program that he attended last spring.
This program is conducted by the University of Massachusetts and takes place in the Harvard Forest. It makes use of state funds for private landowners who have large amounts of forested lands. This can protect these lands by putting them into conservatories. There is also a tax benefit in participating in this program.
If a Town has Conservation land, they will work with the Town in order to finds means to protect, conserve and make these areas more available for passive use.
He also was given some Conservation related literature to be added to the Conservation library held in the Conservation Department. He is also seeking ideas of how to implement some of these ideas to put to use in the Franklin Town Forest.
Signed Amended Orders of Conditions & Minor Buffer Zone Activity
Amended Orders of Conditions – Franklin Heights – Marc Fantasia – SE159-911
Minor Buffer Zone Activity –399 Oak Street – King
There was a motion made by Ravi Pendkar to adjourn the meeting and seconded by Paul Harrington and accepted with a vote of 5-0-0.
The meeting adjourned at 8:30 PM.
Respectfully submitted,
Kathleen Celorier
Recording Secretary
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