TO: Franklin Conservation Commission
FM: George Russell, AICP
Conservation Agent
RE: Agent’s Report
DATE: November 10, 2015
1.0. Projects
1.1. 0 Bent Street NOI: The jurisdictional part of the application is the actual driveway leading from the street to the proposed structure. The structure itself and its use are not in a jurisdictional area. I have conducted a site inspection. The Commission may want to consider some mitigation plantings to “make up for” the loss of the trees where the driveway will be. I would recommend if approved the following special conditions be attached: 20, 22, 23, 27-30, 34 & 44.
In addition, the Commission may want to consider the following reasons for action:
- The only area under jurisdiction is the driveway to the structure and thus there is minimal impact to the buffer. No wetland resource areas will be disturbed thus meeting the Interests of the Act as enumerated under 310 CMR 10.01 (2) and the requirements of 310 CMR 10.02 (2) (b).
- The wetlands boundaries have been deemed to be accurate and the construction of the driveway thus falls within the Commission’s jurisdiction under 310 CMR 10.02 (1) and is subject to regulations under 310 CMR 10.02 (2) and (2) (b);
- The site is not subject to the local or state stormwater requirements and there will be no change in the direction of current stormwater run-off; and
- There are no known or suspected priority habitats on the site.
1.2. 300-340 East Central Street NOI: Revised plans were given to the Commission’s peer reviewer. No report has been received as of this date from BETA.
1.3. Lots 1, 2 & 3 Marine Way NOIs: For all intents and purposes these items are in essence one development and are resubmissions of NOIs that have expired. However, just prior to the expiration of the NOIs, the wetlands line was re-evaluated by a qualified wetlands scientist and found to be still accurate. Therefore, I would suggest that the line shown on the plans is still accurate. I would also recommend for all three items on Marine Way the following special conditions: 20-31, 33-35, 41, 43 & 44 and as a special, special condition that all filter fabric on site be removed. (There is a lot of this material on and under the ground on the site.)
I would suggest that the Commission may want to consider the following reasons should they decide to approve the applications (BEAR IN MIND THAT THERE WILL BE THREE SEPARATE VOTES SINCE THERE ARE THREE NOIs AND THE REASONS NEED TO BE ATTACHED TO EACH.):
- The NOI is a re-approval of an expired NOI and the site conditions, including the wetlands boundaries have not changed and has been deemed to fall within the Commission’s jurisdiction under 310 CMR 10.02 (1) and is subject to regulations under 310 CMR 10.02 (2);
- Significant mitigation plantings are proposed and will partially off-set vegetation that is removed as part of the construction; and
- No wetland resource areas will be disturbed thus meeting the Interests of the Act as enumerated under 310 CMR 10.01 (2) and the requirements of 310 CMR 10.02 (2) (b).
1.4. 674 Pleasant Street NOI: Based on input from the hearing, a revised map has been requested from the applicant. This map was not received in time to be included in your packets nor for my review.
Please note the memo from the zoning enforcement officer in your packet. This letter indicates that the storage of material, some of which is the subject of the NOI, is a zoning violation. I would recommend that any approval by the Commission clearly indicates that the Orders, if issued, do not relieve the property owner from any compliance issues with the town’s zoning regulations.
If approved, it is my recommendation that the owner remove all items from jurisdiction, or at least onto paved surfaces, that could leak fluids onto the ground (e.g. the tractor mentioned in my letter) including the trailers and storage units. In addition, the following special conditions should be attached to any approval: 20 (With the provision that this be done for any “new work” such as moving the trailers), 22, 27-30, 33, 34, 37, 40, 44 and 46-50.
The Commission may want to consider the following reasons for approval of the instant NOI:
- The revised calculation of the impact on the resource buffer areas indicate a significant reduction from the original NOI thus meeting the Interests of the Act for the protection of stormwater damage and the prevention of pollution;
- The NOI is a re-approval of an existing NOI and the site conditions, including the wetlands boundaries have been deemed to fall within the Commission’s jurisdiction under 310 CMR 10.02 (1) and is subject to regulations under 310 CMR 10.02 (2) and (2) (b);
- The 1,1179 ft² of mitigation shown is greater than a 2:1 ratio for areas disturbed;
- Removal of all equipment that could leak polluting fluids, e.g. oil, onto the ground will be removed to an impervious surface;
- The instant NOI more accurately reflects what was actually constructed in terms of the house and
- The final “clean-up” of the jurisdictional areas and the submission of the NOI meet the requirements of the enforcement order issues by the Commission for these items.
2.0. General Business
2.1. Minor buffer Zone Activities
2.1.1. 620 Pleasant Street: This MBZA and item 2.3.3 below were discussed at the last meeting. The Commission informed the property owner that the proposed activity would meet the requirements for an MBZA and that the application should be submitted along with the request from the release from conditions. The request for a release will granted as “invalid”.
2.2 Permit modifications/extensions
None
2.3. Certificate of Compliance
2.3.1. 470 Maple St.: All is ready for the release to be granted.
2.3.2. 722 Summer St: All is ready for the release to be granted.
2.3.3. 620 Pleasant Street: See item 2.1.1 above.
2.4. Discussion items
2.4.1. Open Space and Recreation Plan: The surveys for the updated plan are “on the street” and on the town’s webpage. Rewriting is proceeding and we are still trying to finalize the open space parcel listing.
At the next meeting on December 3rd, we will be scheduling a public hearing as an opportunity for members of the public to comment on the plan. This will be the second of a series of hearings the final of which will be an opportunity for the public to comment of the draft plan itself. We anticipate that hearing in late January. We are asking the Commission to really focus on the goals and objectives of the plan update at this point and at the heating in front of the Commission. I have included the 2008 G&Os in your packet. The first hearing on the update to the Plan will take place on 11/14/15 at 9 AM in the library.
Also enclosed with your packets are two forms used for evaluating property acquisitions, e.g. Chapter 61 land that becomes available. Please review and comment; take the best of both and we’ll combine and delete the worst of both.
2.5. Minutes
2.6. Violations:
3.0. Chair and Commission Comments
4.0. EXECUTIVE SESSION
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