TO: Franklin Conservation Commission
FM: George Russell, AICP
Conservation Agent
RE: Agent’s Report
DATE: Sept. 29, 2015
1.0. Projects
1.1. 674 Pleasant Street NOI: This permit has been filed in response to an enforcement order by the Commission. Included with your packet are some photographs of the current conditions on site.
I have generated a review letter to the owner’s representative and I have included a copy of this this letter with your packets since there are a number of issues (e.g. the bullet point on “options”) that must be resolved. It is my recommendation that the owner remove all items from jurisdiction that could leak fluids onto the ground (e.g. the tractor mentioned in my letter). This could involve the trailers shown on site since we do not know what is in them.
The applicant will be out of town for this hearing and requests it be continued until the next meeting to allow him to address any conditions the Commission may wish to attach to an Orders. This is a reasonable request that should be accommodated.
1.2. Villages at Oak Hill NOI Amendment: There applicant has submitted a plan to remove 42 trees from various location within this development and to prune others. I have requested the applicant submit a mitigation planting plan which also has been done. Some of the trees to be removed are in danger of failure and should come down
1.3. 11 Evergreen NOI: Please see the material in your packet. This is the first lot in town that I have run across with a formal “Conservation Restriction” (CR) shown. A Conservation Restriction is a binding legal restriction that permanently protects an area from development. However, any CR must, by statute, be approved by the state and this parcel does not show up in the most recent state listing of approved CRs. In the instant case, the project will not encroach on the restricted area. If approved, I would recommend the following special conditions: 20, 27-30, 34, 38, 40, 44 & 47.
1.4. 24 Red Gate RDA: This RDA has been filed in response to my observation of vegetative debris placed in a jurisdictional area. Based on past practices the property owner has been informed of the probable need to retain a wetlands scientist to evaluate the debris and submit a report on whether it should be removed and under what conditions. He has done so, and a report is in your packets. Please see the material in your packet on this item.
1.5. MassDOT, Rt. 495 NOI: It is my opinion that MassDOT may not have a statutory exemption from the local wetland by-law and as outlined in my letter in your packet. (There is also a copy below.) Therefore, it is my recommendation that this application should not go forward until such time as there is compliance with the local by-law or a statutory or legal exemption is produced.
2.0. General Business
2.1. Minor buffer Zone Activities
None
2.2 Permit modifications/extensions
None
2.3. Certificate of Compliance
2.3.1. 104 Populatic: All is in order for the release to be granted.
2.4. Discussion items
2.4.1. OSRP Update: It is imperative that any changes the Commission would like to make to the survey must be given to me ASAP. We want to put this instrument “on the street” very soon to give adequate time for response, tabulation and rewrite of the narrative.
Staff will be meeting next week to discuss the work on the Plan, identifying the stakeholders and actually start on the narrative. Sections of the draft narrative will be forwarded to the Commission for review and comment as they are ready.
The Commission should also be giving serious thought to any parcels that they think the town should purchase if the parcels become available, with special consideration given to any parcel currently under Chapter 61, 61A or 61B tax status.
2.4.2. By-law on Detention Basins: In your packet is the “background” on the issue in question. You may recall the discussion involving the basin at 12 Forge Parkway which has prompted the discussion. No decision needs to be made at this time, but it is an issue that the Commission needs to consider if and when a request is made to the town council to amend the by-law.
2.5. Minutes
2.6. Violations:
3.0. Chair and Commission Comments
4.0. EXECUTIVE SESSION
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