Franklin Conservation Commission
Minutes of Meeting
November 12, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, B. Batchelor, P. Harrington, R. Pendkar, S. McLean, George Russell, Conservation Agent
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – 0 Bent Street – Grady Consulting
Kevin Grady of Grady Consulting, representing the applicant, addressed the Commission for the construction of a single-family house. The existing site is currently woodlands. The wetland resource areas were delineated in September by John Zimmer, South River Environmental Consulting. There are two resource areas on the site: bordering vegetated wetlands to the east and an isolated vegetated wetlands, protected under the bylaw, in the northwesterly corner, which may have been dug as a drainage basin. The design of the single-family house tried to avoid the wetland areas by locating the house and septic outside the buffer zones as much as possible. The access, however, is from Bent Street which is surrounded by the resource areas, so there was a need to access the upland portion; proposed to have the driveway centered to be
as far as possible from the resource areas of vegetated woodland, maximizing setbacks and minimizing tree clearing. The 12-foot driveway will be slightly sloped from west to east as the water currently runs that way and it will not interrupt any stormwater runoff. Utilities will be installed in the same cutline with electric, gas, and water under the driveway. Erosion controls have been provided, as well. A narrative indicating how the project meets the performance standards of the bylaw including groundwater, plants, and habitat species has been provided.
Chairman Livingstone asked what kind of vegetation needed to be removed along the path of the driveway.
Mr. Grady stated the wetland scientist did an evaluation of plants and indicated red oak and maple trees. It is a three-acre lot and most will be left as woodland. The proposal is to minimize clearing. The septic system needed to be rather large as soil is not well drained; this is the main item taking up the space. Also, the house will be for handicapped, wheel-chair bound people. It has no basement; it is a slab foundation. Occupants will be living on one floor, so proposed house is spread out. The ground water is relatively high. This set parameters for tree clearing.
Mr. Russell stated relatively mature trees need to be removed. He stated applicant will probably get a stipulation that filter/silt fencing is not allowed. Also, the house the applicant is referring to is outside of jurisdiction. There are a few square feet of the septic field in jurisdiction. Basically, the concern regards the access drive. Mr. Russell asked if there were any stockpile locations. He noted in his Agent’s Report he recommended some special considerations.
Mr. Grady said he had no objections to the no filter fencing requirement. He also stated the stockpile locations were behind the house outside of jurisdiction. He said the 12-foot driveway is for handicapped van access and it could be reduced to 10 feet, if necessary. There will be 2-foot gravel shoulders on each side of the proposed driveway.
There was a motion made by Scott McLean to close the public hearing for 0 Bent Street. 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 approve the NOI for 0 Bent Street with the special conditions #20, #22, #23, #27-30, #34 & #44 for the reasons addressed in the Agent’s Report dated November 10, 2015. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Mr. Russell noted the Town Engineer had informed him that the address will be changed to something between 95 and 97 Bent Street.
Continued - Public Hearing – Notice of Intent – 300 & 340 East Central Street – Franklin Properties
Mr. Russell stated he had been in contact with the applicant. The Commission’s peer review consultant had not completed their report yet. Although the wetlands line had been determined and is accurate, waiting for final revised drainage plans that still have to be reviewed. He told applicant he recommended the hearing be continued.
There was a motion made by Paul Harrington to continue the public hearing for the NOI for 300 & 340 East Central Street to December 3, 2015 at 7:30 PM. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Lots 1, 2 & 3 Marine Way – Ruley
Mr. Batchelor recused himself as he was not present for the prior hearing.
Mr. Russell suggested that Mr. Batchelor not recuse himself as he could become familiar with the record. Therefore, if this hearing was continued Mr. Batchelor could vote. So, it may be better to abstain from votes taken at this meeting, rather than recuse.
Mr. Batchelor un-recused himself from this hearing.
Mr. Russell stated this hearing was continued from the last Commission meeting because NOI numbers were not received from DEP. The applicant had presented their proposal. The NOI numbers from DEP were received today. Attached to the NOIs for Lots 2 & 3 were extensive DEP comments. Mr. Russell noted he received said comments at 3:00 PM today. Since then he had phone conversations with the applicants and Judith Schmitz from MassDEP. DEP informed Mr. Russell the comments were being raised for the local Commission to consider the issues; DEP was not saying these items must be done. The first issue raised by DEP was with the plantings. They said plantings may not be acceptable because they are wetlands specific plants. The Commission’s advice has always been if a plant is listed in the Best
Practices Manual, then it is acceptable. Mr. Russell stated DEP is raising issue with it this time, and he does not know why. DEP said these may not be the best plants to choose for various reasons and there may be better ones. But, they are in the manual. The second issue raised was the disturbance in the riverfront zone. Mr. Russell knew there would be disturbance, but did not raise it as an issue because the disturbance proposed is the same one approved by the Commission in the prior application. The third issue regarded the wetlands delineation. DEP wanted to know who did it and what their qualifications were. Mr. Russell stated he did not raise this issue because just prior to these applications expiring, the Commission requested the applicant have the wetlands looked at again by a wetland scientist who prepared a report indicating the wetlands line was fine. So, out of the three issues, the only substantive issue was the plantings, of which Mr.
Russell did not consider a big concern.
Commission agreed that in regard to the plantings, the Commission leaves it to the applicant to choose. There may be better plantings, but Commission does not prioritize or choose. Commission indicated this was not an issue.
Mr. Robert Ruley, and Ms. Melissa Johnston, representing Scott and Nancy Boudreaux, 6 South Street, addressed the Commission for the construction of three single-family houses. He passed out additional documentation from the wetland scientist showing the previous order of conditions when project was started in 2008-2009. That order of conditions was completed satisfactorily. He showed the plantings plan and 80 plantings were put in. All species were picked by the wetland scientist and approved by the Commission and DEP at the time.
Ms. Johnston stated she had spoken with Ms. Schmitz who said she was unaware when she had looked at everything and wrote the suggestions that this had already been approved before. According to Ms. Johnston, Ms. Schmitz basically said as long as someone on the Commission had already looked at and approved it, she was fine with it.
There was a motion made by Scott McLean to close the public hearing for the NOIs for Lot 1, Lot 2, and Lot 3 Marine Way. 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 approve the NOI for Lot 1 Marine Way with special conditions #20-31, #33-35, #41, #43, & #44, and a special condition that all filter fabric onsite be removed for the reasons outlined in the Agent’s Report dated November 10, 2015. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1. Mr. Batchelor abstained as he was not present for the prior hearing.
There was a motion made by Scott McLean to approve the NOI for Lot 2 Marine Way with special conditions #20-31, #33-35, #41, #43, & #44, and a special condition that all filter fabric onsite be removed for the reasons outlined in the Agent’s Report dated November 10, 2015. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1. Mr. Batchelor abstained as he was not present for the prior hearing.
There was a motion made by Scott McLean to approve the NOI for Lot 3 Marine Way with special conditions #20-31, #33-35, #41, #43, & #44, and a special condition that all filter fabric onsite be removed for the reasons outlined in the Agent’s Report dated November 10, 2015. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1. Mr. Batchelor abstained as he was not present for the prior hearing.
Continued - Public Hearing – 674 Pleasant Street - Thornhill
Mr. James Thornhill, applicant and property owner, appeared before the Commission for removal of debris and trailers.
Mr. Russell stated this hearing was continued per the Commission’s decision, in order for the Commission to receive a revised plan showing what the final product would look like. This would be what the Commission would vote on. The plan had not been received.
Mr. Thornhill stated his understanding was that the plan was going to be here. He gave his apologies to the Committee. He was unaware that it was not delivered and he requested continuance to the next Commission meeting. He asked if there were going to be any special conditions as the Agent’s Report had not been sent to his home or office to review.
Mr. Russell stated the report was sent out a week ago to Mr. Russ Waldron. Mr. Russell provided Mr. Thornhill a copy of the report and stated it would not change.
There was a motion made by Scott McLean to continue the public hearing for the NOI for 674 Pleasant Street to December 3, 2015 at 7:35 PM. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 57 Dover Circle
Robert Carlow, 57 Dover Circle, addressed the Commission for the drainage and removal of an above ground pool from the site. He apologized for missing the last meeting. He said there had been a swing set in the same spot for 11 years so he did not think there would be an issue with the placement of the pool near the wetlands. It was about 27 feet away from the wetlands. He showed the wetlands on the plans and map he submitted. He provided pictures and narrative of the pool. He said there have been no chemicals in the pool since late August/September. It was also tested in October. The pool has not been drained yet as he is requesting permission to remove it.
There was a motion made by Ravi Pendkar to approve the MBZA for 57 Dover Circle. The motion was seconded by Scott McLean and accepted with a vote of 4-0-1. Mr. Batchelor abstained as he was not present for the discussion at the prior meeting.
Minor Buffer Zone Activity: 620 Pleasant Street
Ms. Kristin Oakes, owner, stated since the meeting two weeks ago Commission was going to look at the maps to put in the sonotubes for a deck.
Chairman Livingstone reiterated that the original Certificate of Compliance must be released as invalid and then the new MBZA granted.
There was a motion made by Scott McLean to release the Certificate of Compliance as invalid for 620 Pleasant Street. 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 grant the MBZA for 620 Pleasant Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 15 Vine Street
James Minihane, homeowner, addressed the Commission. He stated there was a typographical error in the narrative and he had corrected pages for Commission. He stated the only vegetation was tall grass. It is all pre-disturbed area. The shed was already on the property. The pad has been there for about one month. He stated he did not realize that the jurisdiction applied, but when told by Mr. Russell, he stopped work.
There was a motion made by Scott McLean to approve the MBZA for 15 Vine Street. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Certificate of Compliance: 470 Maple Street
There was a motion made by Scott McLean to release the Certificate of Compliance for 470 Maple Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Certificate of Compliance: 722 Summer Street
There was a motion made by Scott McLean to release the Certificate of Compliance for 722 Summer Street. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Certificate of Compliance: 620 Pleasant Street
For information on this Certificate of Compliance, please see the information above for:
Minor Buffer Zone Activity: 620 Pleasant Street
Minutes:
There was a motion made by Scott McLean to accept the Meeting Minutes for October 15, 2015. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Discussion Item: Open Space and Recreation Plan
Mr. Russell stated information was included in the Commission members’ packets for their review. He noted there will be a public hearing for the Open Space Plan at the next Commission meeting—this is the second of three meetings. The first meeting will be on Saturday, November 14, 2015 at the Franklin Public Library. There will then be one more public hearing after the draft plan is ready. Narratives for Sections 3 & 4 have already been received. Section 5 is a bigger narrative consisting of the terms of the open space which are being reviewed now. It looks like the Town has added approximately 1,000 acres of open space since 2008. But, also have to subtract some areas, so net gain will not be as large. Since 2008 some open space areas have been reduced such as for the solar farm on upper
Union Street, on the Wrentham town line, which is about 15 acres of solar panels. Also, information from Assessor’s office has been received regarding updating the Chapter 61 plans. That mapping should be available to members at the next meeting. Mr. Russell recommended the Commission members review the 2008 Plan, as Commission has to determine where they are going with the goals and objectives and what they want to do for the next seven years. The surveys are available to the public including at the Library, Town Hall, and Recreation Department. The survey is also posted online. It was wanted to have the survey available to complete online, but IT said there was not enough time. Therefore, the public has to print out the survey and return it to the office. Some surveys have already been received back. The surveys will be available for approximately another week because then have to start compiling data for the goals and objectives. Blank surveys will be brought
to the meeting on Saturday. Mr. Bryan Taberner is doing the presentation at Saturday’s meeting.
Citizen Comment:
A citizen stated they had come for the 7:15 PM public hearing, but had arrived late as the meeting location had been changed from the Council Chambers to the Training Room. Therefore, citizen missed the public hearing which was completed and closed.
Mr. Russell stated as hearing had already been closed, legally the citizen cannot address the Commission for discussion. He suggested the citizen call his office next Tuesday to discuss any appeal issue or process that the citizen may want to consider.
Signed Certificates of Compliance, Minor Buffer Zone Activities & Orders of Conditions
Certificate of Compliance – 470 Maple Street – Grillo – CE159-1080
Minor Buffer Zone Activity – 620 Pleasant Street – Oakes
Certificate of Compliance – 620 Pleasant Street – Oakes – CE159-1099
Orders of Conditions – 0 Bent Street – Global Property Services – CE159-1110
Certificate of Compliance – 722 Summer Street – Camp Haiastan – CE159-1066
Minor Buffer Zone Activity – 15 Vine Street - Minihane
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 5-0-0.
The meeting adjourned at 8:07 PM.
Respectfully submitted,
Judith Lizardi
Recording Secretary
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