Franklin Conservation Commission
Minutes of Meeting
June 25, 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 has been appended to the minutes.
Public Hearing – Notice of Intent – 5 Cloverleaf Lane – Vick – CE159-1093
Mr. Bill Pybas, a representative of Guaranteed Builders, and Mr. Robert Vick, the homeowner, both appeared before the Commission for the construction of a 24’x24’ attic truss garage. Mr. Pybas gave the Commission an overview of the plans for the project. The work will take place approximately 63 ft. from the edge of the wetlands to the proposed structure. There are no gutters proposed. There are drywells proposed to catch the runoff and direct it toward the roadway. The work will take place within the 50-100 ft. buffer zone.
Mr. Russell recommended some special conditions which are enumerated in his Agent’s Report be attached to the Orders of Conditions.
The Commission Chairman requested that gutters be installed to keep the runoff from going into the wetlands.
There was a motion made by Scott McLean to close the public hearing for the 5 Cloverleaf Lane NOI. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to grant the NOI for 5 Cloverleaf Lane with the special conditions 20, 22, 24, 27, 28, 34, 38, 40 & 44. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination - 165 Grove Street – Residex
Mr. Mark Miller, representing the tenant for the building, appeared before the Commission for the construction of a 40’x44’ ramp on the building. This would be a metal ramp.
Mr. Russell stated that the applicant had the wetlands flagged at his recommendation to determine if the proposed ramp is outside Conservation jurisdiction.
There was a motion made by Scott McLean to close the public hearing for 165 Grove Street RDA. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
There was a motion made by Paul Harrington that the proposed temporary ramp is outside of Conservation jurisdiction and for a Negative Determination. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Continuted - Public Hearing – Notice of Intent - Weston Woods – Acme Jazz – CE159-1091
The Commission Chairman opened the public hearing for this project. Mr. Russell, Conservation Agent, stated that the applicant’s representative requested a continuance of the public hearing until the next meeting due to the fact that the peer review has not yet been completed.
There was a motion made by Scott McLean to continue the public hearing until July 16th at 7:20 p.m. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Request for Determination – 5 Lily Way – Cardinal
Mr. Daniel Cardinal, the applicant, appeared before the Commission for the placement and removal of materials in a wetland area. Mr. Cardinal gave the Commission some background information on what has transpired on his property to date. The bridge was installed 25 years ago
when he built the house. There are pieces of plywood that his son put there for recreational purposes. Mr. Cardinal stated that, in his opinion, the plywood has not affected the function of the wetland area.
Mr. Russell informed the Commission that the statute stated that you cannot put in and remove any material from a wetland area without a permit. He recommended that the applicant retain the services of a wetlands scientist to determine if this action has adversely affected the wetland area.
The Commission members informed Mr. Cardinal that he is required to hire a wetland scientist to submit a written report stating whether or not this action has had any degradation to the wetlands on the site. This report should be submitted to the Conservation Agent for review.
Mr. Russell recommended that the Commission obtain the report from the wetland scientist be received by the Conservation Office no later than August 5th. Mr. Cardinal requested a continuance as he will be on vacation the first week of August. The Commission informed Mr. Cardinal that he is required to submit this report by August 20th to the Conservation Office.
There was a motion to continue the public hearing for 5 Lily Way until the August 27th meeting at 7:15 p.m. and that the report from the wetland scientist be submitted to the Conservation Dept. by August 20th. The motion was seconded by Paul Harrington and accepted with a vote of 4-1; 4 Yes, 1 No.
Continued - Public Hearing – Request for Determination – 29 James Street – Ciampa
Mr. Carmella Ciampa, the applicant, appeared before the Commission for the removal of 3 trees. The Commission conducted a site walk of the property and were of the opinion that they need a wetland delineation. They informed Ms. Ciampa that she could ask her neighbor to share their delineation and they denied her request.
The Commission Chairman informed Ms. Ciampa that there is 1 tree that is a danger to the house and should be removed. Ms. Ciampa stated that she will only take down 1 pine tree.
There was a motion made by Scott McLean to close the hearing for the 29 James Street RDA. 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 29 James Street RDA to remove the 1 large tree with the condition that 2 trees be planted on the opposite side of the yard. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Continued - Public Hearing – ANRAD - 45 Kenwood Circle – Strategic Materials – CE159-1092
George Russell, Conservation Agent, informed the Commission members that this hearing has been continued for peer review of the wetlands line. The report has been received today and the engineer is present at tonight’s meeting to report on his findings to the Commission.
Mr. Rich Niles of Amec Foster Wheeler, Mr. Stephen Herzog, Wetland Scientist of Amec and Mr. Randall Prewitt, representing Strategic Materials, all appeared before the Commission for the documentation of the wetland resource areas.
Mr. Niles gave the Commission members some background information on what has transpired on the site to date.
Mr. Art Allen, Wetland Scientist of Eco-Tec, the contracted peer review consultant on behalf of the Commission, presented his findings to the applicant as well as the Commission members. Mr. Allen gave a detailed explanation of his findings and submitted a letter attesting to these findings in detail. This letter has been added to the Conservation file.
George Russell, Conservation Agent, asked Mr. Allen when will the final report be received. Mr. Allen stated that he will forward it to the Conservation Dept. early next week reflecting his comments.
There was a motion made by Ravi Pendkar to close the hearing for 45 Kenwood Circle. 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 accept the ORAD for 45 Kenwood Circle for the delineation as noted on the map dated 6/25/2015. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Continued - Public Hearing – Request for Determination – 45 Kenwood Circle – Strategic Materials
Mr. Rich Niles of Amec Foster Wheeler, Mr. Stephen Herzog, Wetland Scientist of Amec and Mr.Randall Prewitt, representing Strategic Materials, all appeared before the Commission to outline site improvements related to stormwater management and pollution prevention practices.
Mr. Niles gave the Commission a detailed overview of what has transpired with the OCEP issued by the DEP. Anything that transpires on the site going forward is under the review of the DEP.
There was a motion made by Ravi Pendkar to close the hearing for the RFD for 45 Kenwood Circle. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar for a Negative Determination for 45 Kenwood Circle with the special conditions 20, 21,22,28, 34 & 44. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 2 Richard Lane
Mr. Jim Keefe, the applicant, appeared before the Commission for the removal of the deck and the construction of a bulkhead at the rear of the house with a staircase. Mr. Keefe gave the Commission a brief overview of the proposed project.
The work falls within the 50’-100’ buffer zone. The Commission requested that the stockpile be placed outside of Conservation jurisdiction.
There was a motion made by Ravi Pendkar to approve the MBZA with the condition that the deck be removed and the bulkhead replacement and the existing deck can be replaced after the bulkhead is constructed. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 31 James Street
Mr. Jeff Rosen, the applicant, appeared before the Commission for the extension of a fence on his property.
Mr. Russell stated that this request is being made under an active NOI for a swimming pool. Does an MBZA satisfy the permitting requirements or should the applicant file a new NOI? Does the proposed activity fall under the requirements of a MBZA?
There was a motion made by Scott McLean to approve the MBZA for 31 James Street. This was done with the specific understanding that the Commission does not interpret the granting of a MBZA for this site as precedent for all NOI’s subsequently granted by the Franklin Conservation Commission. The motion was seconded by Bill Batchelor and accepted with a vote of 4-1; 4 Yes, 1 No.
Permit Modification: Franklin Heights
Mr. Bill Batchelor, Commission member, recused himself from this public hearing as he is a resident of the site.
Mr. Mark Fantasia, the applicant, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission regarding a request for modification involving the stipulations attached to the 2006 approval.
Mr. Russell recommended that a public hearing for an amendment to the original NOI be filed.
Mr. Fantasia gave the Commission an overview of the project to date.
The Commission members informed Mr. Fantasia that he is required to file a modification to the Notice of Intent.
There was a motion made by Scott McLean that the project at Franklin Heights does not rise to the level of a new NOI and will be filed as an Amendment to the original NOI. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Discussion: DelCarte Pond
Mr. Russell stated that the Town has been reaching out to a number of academic schools to conduct a study for the ponds on this site. They responded that they did not have the expertise.
Mr. Russell requested the Commission authorize him to hire an outside consultant to conduct this study. The Commission members were unanimous this should be done. Hence, the Commission requested Mr. Russell put out an RFP/RFQ to have the study performed. Further the Commission requested the funds for this project come from the town Wetlands Filing Fee Account.
Violation: 31 Hayward Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission to address a violation for this site. Mr. Russell stated that there is a stop work order on this site. He found landscapers depositing dirt into the wetland. He issued a violation notice for this infraction. He stated that the applicant should file for a Certificate of Compliance.
Mr. Russell stated that the applicant should hire a wetland scientist to conduct an evaluation of the wetlands on the site and submit a report to the Conservation Commission.
Upon completion of the wetland scientist’s findings, a determination will be made by the Commission to determine what type of permit should be filed by the applicant.
There was a motion made by Paul Harrington that the Certificate of Completion be submitted, the wetland scientist review the area and make a determination of what impact the fill had on the area and if it should be removed. The report should be submitted by August 20th. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Minutes
There was a motion made by Jeff Livingstone to accept the minutes of the June 11th meeting with the changes as outlined by Agent George Russell. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
There was a motion made by Paul Harrington to approve the minutes of May 28th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Signed Orders of Conditions, Determination of Applicability, Order of Resoure Area Delineation, Determinations of Applicability & Minor Buffer Zone Activities
Orders of Conditions – 5 Cloverleaf Lane – Vick
Determination of Applicability – 165 Grove Street – Ralko
Order of Resource Area Delineation – 45 Kenwood Circle - CE159-1092
Determination of Applicability - 45 Kenwood Circle – Strategic Material
Minor Buffer Zone Activity – 2 Richard Lane – Keefe
Minor Buffer Zone Activity – 31 James Street – Rosen
Determination of Applicability – 29 James Street – Ciampa
There was a motion made by Scott McLean to adjourn the meeting and seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
The meeting adjourned at 9:20 PM.
Respectfully submitted,
Kathleen Celorier
Recording Secretary
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