Franklin Conservation Commission
Minutes of Meeting
August 27, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, S. McLean, B. Batchelor, George Russell, Conservation Agent.
Chairman Livingstone announced the meeting would be video recorded.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued - Public Hearing – Request for Determination – 5 Lily Way – Cardinal
Mr. Dan Cardinal, applicant, appeared before the Commission for the placement and removal of material in a wetland area.
Mr. George Russell gave the Commission an overview of the project and stated the wetland scientist hired by the applicant prepared a report which indicated no degradation to the wetlands and no impact to the bank. Mr. Russell recommended a negative determination.
Mr. Cardinal agreed with Mr. Russell’s recommendation.
There was a motion made by Scott McLean to close the public hearing for the RFD for 5 Lily Way. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean for a negative determination for the RDA for 5 Lily Way. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Presentation
Mr. Russell requested the potential new member of the Commission introduce herself to the members. Ms. Tara Henrichon provided an overview of her experience and education in conservation and her desire to become a member of the Commission.
Commission members had no questions and agreed on the excellent background of the candidate.
Mr. Russell stated an email will be sent to the Town Administrator requesting her appointment. He advised candidate there may be additional paperwork to complete and Town Council will vote on her appointment.
Public Hearing – Notice of Intent – Lot A1 A Street Ext – Grillo
Mr. Bruce Wilson, Principal of Frank O. Waterman & Associates, Inc., representing the applicant Dennis Grillo appeared before the Commission for the construction of a single-family house. He provided an overview of the project noting vegetative wetlands adjacent to the parcel with proposed house being away from wetlands. He stated no pumping out will be necessary for the proposed underground garage as the property is almost 20 feet higher than the wetland area.
Mr. Russell recommended stipulations outlined in his Agent’s report if approved.
There was a motion made by Scott McLean to close the public hearing for the NOI for 63 A Street. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to approve the NOI for 63 A Street along with special conditions #20, #22, #24-30, #34, #43, and #44. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – Beaver Street Interceptor Access Road – DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for improvements to the Beaver Street interceptor access road. He stated extensive comments were received from DEP; it will take time, but concerns are being addressed. He gave the Commission members background on this project. Two years ago it was noticed that the Beaver Street interceptor, a major sewer line that runs parallel to MBTA line and West Central Street, connects to Mine Street interceptor, then continues to Medway, which carries several million gallons of sewerage per day, had not been maintained and several large trees were growing on top of it with roots in the sewer line. In 2013 some trees were cut down and the roadway parallel to interceptor on the non-railroad side cleared. The roadway stopped at a set of culverts. As
Town does not want to experience problems overtime with this hundred-year-old pipe, would like to put treatment on the roadway which is approximately 2,000 feet in length. Proposal is to put down filter fabric and approximately one foot of crushed stone. Calculations requested by DEP will be performed and submitted. Although access to interceptor is available now, the area needs to be stabilized.
Mr. Russell recommended the hearing be continued.
There was a motion made by Paul Harrington to continue the public hearing for the NOI for the Beaver Street Interceptor Access Road to September 17, 2015 at 7:15 PM. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Public Hearing – Request for Determination – Hawthorne Village Drive – Hawthorne Association
Mr. Nick Rystrom, engineering consultant, representing the Hawthorne Village Condominium Association appeared before the Commission to repave 3,500 feet of roadway. He provided an overview of the project to mill and pave the top course and replace the associated berm along the road. The surface is old and deteriorated reaching its lifetime limit of 20-25 years. A small loop of about 260 feet where the subbase of road deteriorated needs to be re-compacted and re-graded. All work is to be done in existing roadway.
Mr. Russell stated given the roadway will not be expanded he recommended a negative determination with special conditions enumerated in his Agent’s report.
There was a motion made by Paul Harrington to close the public hearing for the RFD for Hawthorne Village Drive. The motion was seconded by Scott McLean and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean for a negative determination for the RDA for Hawthorne Village Drive with special conditions #20, #34, and #44. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – 22 Garnet Drive – MacNeil
Mr. Anthony MacNeil and Ms. Krista MacNeil, applicants and owners, appeared before the Commission for the installation of an in-ground swimming pool at 22 Garnet Drive. Mr. MacNeil gave the Commission members a summary of the project. The proposed salt-water filtered pool with a liner is 18 feet by 36 feet. He also requested to install a 6 feet by 8 feet shed behind the pool. The backyard is in a buffer zone. The only disturbance outside the 50-foot buffer is two trees that would overhang the pool around the 40-foot mark. Two diagrams provided included an as-built plan by Landmark Engineering and a second plan prepared by a landscape architect of B&L Pools showing pool with 4-foot decking around with total disturbance and removal of wetland area less than 3,000 square feet. He noted they will be putting
back 1,500 square feet of mitigation plantings as listed on the narrative.
Mr. Russell stated even though trees will be removed, the plan shows vegetation being put back. Also, most vegetation being removed is very small and some dead with very few large caliper trees coming down. The drainage patterns will not change with clearing.
Commission stated that historically one-to-one mitigation is requested unless substantial vertical plantings are provided for additional habitat and questioned if there was another place on the property that plantings could be put vertically for additional mitigation.
Mr. MacNeil stated Gus Brown, Building Commissioner, noting hardship, granted permission to put the pool 10 feet from the property line where 15 feet is usually required as a drainage easement is on that side of the property.
There was a motion made by Scott McLean to close the public hearing for 22 Garnet Drive. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to approve the NOI for 22 Garnet Drive with special conditions #20, #22, #25-30 #34, #43, and #44. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Public Hearing – Request for Determination – 275 Beaver Street – DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for improvements to the parking lot at 275 Beaver Street. Mr. Mello gave the Commission members background information on this project. He stated the Recreation Office is moving to this location. The current driveway configuration is confusing and dangerous therefore would like to shift it to eliminate problem. Also need to put in wheelchair ramp up to the building. There will be 318 feet net reduction of impervious.
Mr. Russell stated this RDA is to get the Recreation Department in the location; an NOI will be forthcoming for most of the work in the back area.
There was a motion made by Scott McLean to close the public hearing for the RDA for 275 Beaver Street. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean for a negative determination for the RDA for 275 Beaver Street. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 620 Pleasant Street – Oakes
Mr. Bruce Wilson, Principal of Frank O. Waterman & Associates, Inc., representing the applicant addressed the Commission for the construction of a sunroom addition and patio. He provided an overview of the project and a revised plan. The project has been downsized to a 24 feet by 16 feet deck addition. There is a perennial stream and vegetative wetlands in the back. The 100-foot buffer is below the project. Proposal outlines only disturbing area that needs to be excavated for the sono tubes for deck footings.
Mr. Russell stated he had visited the site. The vegetative debris put within the buffer zone is somewhat close to the wetlands. He stated the applicant’s professional consultant should be able to provide opinion if vegetative material should be removed or allowed to stay. If allowed to stay it should be clear to property owner and applicant that there should be no more deposition of material. Mr. Russell stated a number of stipulations if approved.
Mr. Wilson stated the material that is there should be allowed to compost and not be removed. He stated the land disturbance was approximately 120 feet away from the wetlands.
There was a motion made by Scott McLean to close the public hearing for the NOI for 620 Pleasant Street. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
There was a motion made by Scott McLean to approve the NOI for 620 Pleasant Street with special conditions #20, #24, #27, #29 #34, and #44. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
GENERAL BUSINESS (items taken out of order from agenda)
Violation: 23 Longfellow Drive
Mr. Russell provided a packet of correspondence and pictures generated on the violation which regards truckloads of material immediately adjacent to a jurisdictional area. He recommended applicant be required to obtain a wetland scientist to report whether material should be removed or stay and then file an NOI based on that recommendation. The report must be filed with Conservation Agent’s office by October 8, 2015.
Mr. Wilson stated that Mr. Russell Waldron from Applied Ecological Sciences (AES) has been contracted and he has delineated the resource area. There is a substantial amount of material including construction debris, leaves, and trees from multiple people in the neighborhood dumping there. They are going to go through the process of permitting the lot and then clean it up. Want to initiate this with an NOI as much work has to be done. Applicant is going to post the property and notify police so no more debris will be put there.
Commission asked if a roadway has been made by people dumping. If so, is there an easy way to install poles and chain to keep people from driving in and dropping their materials.
There was a motion made by Scott McLean to recognize that the applicant at 23 Longfellow will have either a wetland scientist report and NOI or request for extension to the Commission no later than 12:00 PM on October 8, 2015, and if these materials are not in by this date, an enforcement order will be issued and may begin to issue fines. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Permit Modification: 438 West Central Street
Tom Healey of Nouria Energy Corporation addressed the Commission stating Nouria is the current tenant at 412 West Central Street, formerly 438 West Central Street, and operator of the Shell Service Station at this property. He introduced Mr. Tony Fruchtl of Ayoub Engineering. Ayoub Engineering has been involved with the project site design for the site redevelopment and site improvements that were planned and permitted several years ago. He also stated Attorney Margaret Ranieri, representing the property owner, was present.
Mr. Healey provided a history of the site. Around 2004/2005 the tenant at the time, Motiva Enterprises, came before the Conservation Commission because they were planning to remove underground storage tanks, perform tank work, and install monitoring wells. There were conditions applied when they initially filed. That order of conditions remained open when Nouria Energy became the tenant around 2007. Nouria was proposing to do some site work such as building and driveway modification, grading, and some minor stormwater treatment improvement. Since there was still an open order of conditions, the Commission wanted to take this work and amend the open order of conditions. The changes to the order of conditions were issued in 2008.
The underground storage tank work was completed in 2005. The old tenants remain involved in the property today as they have not closed out the environmental case with the DEP—currently at the stage where they are doing quarterly monitoring of some onsite wells. Since Nouria received amended order of conditions in 2008, there has been no construction activity at the site. They had hoped to do the site improvements, but due to various reasons, they were not able to proceed and have extended various permits for this project. As well, Nouria has received one extension from Conservation Commission. The hope is to get project underway in 2016 and completed before extended permits expire in late 2016.
Mr. Russell pointed out some deficiencies in the order of conditions. A wetland scientist must provide a twice yearly report on the construction activities and status. Also, all reports submitted to DEP for site clean-up must be submitted to Conservation Commission. It seems the consultant Motiva Enterprises used stopped providing reports when there was no more work being done.
Commission indicated it is not usual to amend conditions and not the NOI; if changing project plan, should be changing the NOI. Asked applicant if there can be a comparison between what was originally proposed and the current as-built.
Mr. Russell stated applicant requested an extension of the order of conditions which expires next month. Stipulation #22 of the original order of conditions requires that Commission receive two bi-annual reports until certificate of completion issued. There are no reports in the file from 2004 to 2015. Therefore, nothing is known about how the tanks were installed. Cannot go back and create reports about what has transpired ten years ago. Mr. Russell suggested that the Commission not grant the extension of the orders. He stated the applicant could prepare a formal amendment to the NOI outlining the current status, what was supposed to be the status, and the delta between them. As well, they should outline any additional activity they wish to perform. Or, the Commission can deny the request for the
extension and require the applicant to file a new NOI. He also stated that the applicant can request a modification to the existing conditions as did Franklin Heights. Mr. Russell stated for the record that if a modification to the existing NOI is submitted, it must be received by the close of business on September 15, 2015 or it will expire, and an expired permit cannot be modified.
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., addressed the Commission and stated that he was involved in the project when the tanks were being removed and installed. They filed under an order of conditions with the Commission. The work was inspected and evaluated through the fire chief, conservation agent, DPW, DEP, and Charles River Watershed. The basic change from the original order of conditions of the tank installation was to add a small convenience store and make some cosmetic changes to the building such as pavement.
Mr. Russell stated the issue is the lack of reporting for eleven years, and the reports sent to the DEP are not the same as those required by the Conservation Commission. The Commission required a twice yearly report from a wetland scientist stating what is being done to comply with the order of conditions.
Commission asked if there was some way to obtain information on the work that transpired that could give a brief glimpse into the past as to what was being done at the time.
Mr. Healey stated he would get reports from DEP and other sources.
Mr. Russell suggested that applicant prepare a report that outlines a timeline of who reported to whom and about what, and then request an amendment to the NOI to substitute that listing for the required eleven years of reports. This must be filed with Mr. Russell by close of business on September 15, 2015.
Permit Modification: Villages at Oak Hill
Mr. Mark McGlynn, 21 Cassandra Avenue, addressed the Commission. He stated as a member of the Board of Trustees he is proposing an amendment to an existing NOI to take down 42 trees deemed hazardous, impeding owners access to doorways, branches overhanging decks, as well as pruning along roadways, and would like changes to be an amendment to an order of conditions.
Mr. Russell questioned whether this is an amendment to the NOI or a new NOI.
Committee members discussed an amendment and need for planned mitigation as many trees involved. Justification for amendment is information from a certified arborist stating condition of trees. Amendment to an NOI includes steps of abutter notification and filing fee.
There was a motion made by Scott McLean that the removal of the trees at the Villages at Oak Hill rises to the level of an amendment versus an NOI. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Certificate of Compliance: 446 Union Street
Mr. Russell stated this is an old order of conditions that has expired. The certification of completion was never issued and the project is complete per plan.
There was a motion made by Scott McLean to issue the certificate of completion for 446 Union Street. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Certificate of Compliance: 31 Hayward Street
Mr. Russell stated that there is one item on the agenda under violations and one under certificate of compliance for 31 Hayward Street. This certificate of compliance is for NOI #159-928.
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., representing the applicants, Moseley Group, stated the request for release is primarily for Phase II. Three years after the parking lot was constructed a private school moved into Hayward Street and built a playground. The Conservation Commission amended the order of conditions and issued a second order of conditions.
There was a motion made by Scott McLean to issue the certificate of completion for #159-928 at 31 Hayward Street. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Certificate of Compliance: 11 Forge Parkway
Mr. Russell stated 11 Forge Parkway is not ready for release. There are erosion issues in the rain garden that are being addressed, vegetation is not totally stabilized, and concern over whether the rain garden vegetation is going to survive.
Mr. Don Nielsen, Engineer of Guerriere & Halnon, Inc., addressed the Commission. He stated the rain garden needs additional erosion matting on the sides and clean-up on the base. The order of conditions needs to be released and occupancy needed.
Mr. Russell stated he would sign the certificate of occupancy, but the order of conditions for release should be resubmitted in a few weeks.
There was a motion made by Scott McLean to decline to issue the certificate of completion for 11 Forge Parkway. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Discussion: Open Space and Recreation Plan Update
Mr. Russell stated a decision is needed as to whether the Commission wants Town Council to appoint an Open Space Committee or if the Commission wants to take the lead.
Chairman Livingstone remarked that in the past it did not work well to have a separate committee outside of Conservation. Commission may want to have a subgroup to develop the plans. As well, there has never been a vote to terminate the previous open space committee; it is still there with no members. He recommended the Commission be the lead agency on the open space plan with a subcommittee formed with invited members or experts from the outside as required.
Committee members agreed with this recommendation.
Violation: 31 Hayward Street
Mr. Russell stated there was a violation with a stop work order issued by his office.
Mr. Nielsen and Mr. Moseley appeared before the Commission. A report from a wetland scientist recommending the fill not be removed was provided. The vegetation is growing around it. There was no permit for the fill and the stop work order issued on the original NOI.
Mr. Russell recommended that the Commission accept the wetland scientist’s report. He requested applicant file a RFD for the fill and then a request for certificate of completion.
There was a motion made by Scott McLean to accept the wetland scientist report and request that the applicant for 31 Hayward Street submit and RDA for the placement of the fill. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
CHAIR AND COMMISSION COMMENTS
Mr. Russell requested the Commission formally add the topic of Peer Review to the agenda for discussion.
There was a motion made by Scott McLean to add the discussion of Peer Review to the agenda. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Peer Review
Mr. Russell stated as the bylaw is written even when it is known that a project will require peer review the applicant has to come before the Commission and Mr. Russell has to recommend peer review. To expedite the process, Mr. Russell recommended if Planning Department expects that peer review will be needed for Conservation, BETA Group, the peer review group, provide that in their scope of work needed. BETA will separate the costs for services for Planning and Conservation.
Mr. Russell stated he needs the Commission to authorize the Agent to authorize BETA Group to prepare a scope of services on an as needed basis. Therefore, when application comes in, the peer review has been done already which saves time.
There was a motion made by Scott McLean to authorize the Agent to authorize BETA Group to prepare a scope of services on an as needed basis on applications. The motion was seconded by Bill Batchelor and accepted with a vote of 4-0-0.
Signed Determinations of Applicability, Orders of Conditions, Determinations of Applicability & Certificates of Compliance
Determination of Applicability (Negative) 5 Lily Waye – Cardinal
Determination of Applicability (Negative) Hawthorne Village Drive
Determination of Applicability (Negative) 275 Beaver Street – DPW
Certificate of Compliance – 446 Union Street – Kucich – SE159-166
Certificate of Compliance - 31Hayward St. – Moseley - CE159-928
Orders of Conditions – 22 Garnet Drive – MacNeil- CE159-1101
Orders of Conditions – 63 A Street Ext. - Dan Grillo – CE159-1103
Orders of Conditions – 620 Pleasant Street – Oakes – CE159-1099
There was a motion made by Scott McLean to adjourn the meeting. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
The meeting adjourned at 9:29 PM.
Respectfully submitted,
Judith Lizardi
Recording Secretary
| 
