Please note~: There was no TV or audio recording for this meeting.
Franklin Conservation Commission
Minutes of Meeting
December 3, 2015
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, T. Henrichon,
S. McLean, George Russell, Conservation Agent
Absent: B.Batchelor, S. Younis
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing – Amendment -8 Paulene Drive – Shugrue – CE159-1094
Ms. Nicole Shugrue, the applicant, appeared before the Commission for changes to the construction of a garage. Ms. Shugrue stated that she would like to modify the original plans for this construction.
There was a motion made by Scott McLean to close the hearing. 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 Amendment for 8 Paulene Drive on the grounds that there is negligible impact to the wetlands. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Open Space & Recreation Plan
The Commission Chairman stated that this public hearing, which is a part of the update process of the Open Space & Recreation Plan, is designed to receive public input from the residents on the 2016 Open Space & Recreation Plan. George Russell, Conservation Agent, stated that:
- This is the second public hearing on the plan and there would be one more when the draft plan is complete.
- There are really two components to the plan: Open Space and
Recreation.
- Currently a number of items being worked on including:
an update to what is actually open space in Town and an updated listing of open space parcels based on land use codes.
- No input was received from the public.
Mr. Russell stated that there are no Conservation Restrictions (CR’s) in Town. Conservation Restrictions must be approved by the State of Massachusetts, the Department of Conservation & Recreation. If there is a CR on a deed to a parcel of land but it has not been approved by the State, then it is not a legal CR under State law.
If the Commission wishes to do so, they could request that a CR be developed for any piece of property that they control but it would have to be approved by the Town Council. This could be noted as one of the goals.
Mr. Russell stated that we have to evaluate the 2015 listing of Chapter 61 lands as the Town has the right of first refusal. The idea of prioritizing open space Conservation Commission controlled parcels under CR protection is very valuable.
The town staff will be tabulating the long and short forms of the open space survey and when the numbers and the survey results are finalized, the two major sections of the plan can be written.
Mr. Russell stated that he will bring forth the Commission’s desire of private protection of CR’s to the Town Council.
Mr. Russell requested feedback from the Commission on the 2008 Goals and Objectives plan which were included in their packets.
Mr. Russell will keep the Commissioners updated on what is ongoing with this matter. He requested that comments from the Commissioners be given to him by email by December 11th so that the details of the plan can be finalized.
Public Hearing – Notice of Intent – 5 Kenwood Circle – RCG Kenwood – CE159-1114
Mr. Peter Bemis, Engineer of Engineering Design Consultants, appeared before the Commission for the installation of stormwater management structures.
Mr. Bemis provided the Commission members with a detailed description of the plans for the project.
Mr. Russell stated that the ownership issue he previously had concerns about have been addressed to his satisfaction. He also had issues about why were they working on the site without authorization. This work is located outside of the buffer zone and Mr. Bemis stated that at the present time there is no work being conducted on the site.
Mr. Russell informed the Commission that at the present time there is no stormwater management controls at this property and it is very much needed.
There was a motion made by Paul Harrington to close the public hearing for 5 Kenwood Circle. 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 5 Kenwood Circle with the stipulations #20-32, 34, 42&44 with the reasons for approval being that the proposed improvements will allow greater management of stormwater generated on site and help prevent illicit discharges to the wetland resource areas. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent - 300 & 340 East Central Street- Franklin Properties – CE159-1106 & CE159-1107
The Commission Chairman stated that a letter has been received from the applicant’s representative dated December 2nd requesting a continuance of the public hearing until December 17th, 2015.
There was a motion made by Paul Harrington to continue the public hearing for 300&340 East Central Street until December 17th at 7:20 p.m. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 674 Pleasant Street – Thornhill - CE159-1104
Mr. Jim Thornhill, the applicant, appeared before the Commission for the removal of debris and trailers at his residence at 674 Pleasant Street.
Mr. Russell stated that a new revised plan was submitted for his review and he is recommending that this plan be the final plan for approval.
The Commission Chairman informed Mr. Thornhill of the special stipulations which will be attached to the Orders of Conditions.
There was a motion made by Scott McLean to close the NOI for 674 Pleasant Street. The motion was seconded by Tara Henrichon and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the NOI for 674 Pleasant Street with the stipulation 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) including the trailers and storage units. Also, the following conditions #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 & 46-50. The Commission recognizes that the revised calculation of the impact on the resource buffer areas indicate a significant reduction from the original NOI and that the 1,1179 sq. ft. of mitigation shown is greater than a 2:1 ratio for areas disturbed and the removal of all equipment that could leak polluting fluids be removed to an impervious surface. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Mr. Thornhill asked the Commission how he should have the original Orders of Conditions under DEP file# CE159-966 released. The Chairman stated that he should file DEP form 8A and request a Certificate of Compliance as an invalid Orders of Conditions.
GENERAL BUSINESS
Minor Buffer Zone Activity: 161 Pine Street
Ms. Kimberly Cooper, the homeowner, appeared before the Commission for the removal of a diseased tree in the front yard of her house in the buffer zone. This is an after-the-fact filing. She stated that National Grid determined the tree was in danger of falling and could fall on the power lines as well as was in danger of causing damage to the house.
There was a motion made by Scott McLean to approve the minor buffer zone activity for 161 Pine Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 5 Briarwood Road
Mr. Peter Good, the homeowner, appeared before the Commission for the storage of excavated materials from a swimming pool. Mr. Russell stated that while the pool was out of conservation jurisdiction, the material was not.
There was a motion made by Scott McLean to approve the minor buffer zone activity for 5 Briarwood Road. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Permit Modification: 176 Grove Street
Mr. Karli’s Schulte, Consultant of EBI Consulting, appeared before the Commission to determine if some proposed changes to the site should be handled as an amendment to the existing Orders of Conditions.
Mr. Schulte described the proposed change to the project, which is a minor change to the loading dock on the building on site.
Mr. Russell stated that these changes to the plan are minimal and should not require a new NOI.
There was a motion made by Ravi Pendkar that the changes to the plans for 176 Grove Street constitute an amendment to the NOI. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Permit Modification: 39 Opal Circle
Mr.&Mrs. Mark Griffin, the homeowners, appeared before the Commission to address the issue of a fence being constructed around the swimming pool that was not depicted on the original plan. The fence would be addressed as a minor buffer zone but there is an existing NOI for the project.
The Commission requested that the applicant file for an amendment with a public hearing and at the same meeting, a Certificate of Compliance could be requested and approved at the same meeting if the applicant chooses to do so. The applicant agreed to this process and Mr. Russell will send them a letter outlining how they should proceed.
There was a motion made by Scott McLean that the fence issue at 39 Opal Circle should rise to the level of an amendment request. The motion was seconded by Ravi Pendkar and accepted with a vote of
5-0-0.
Certificate of Compliance: 95 Chestnut Street
There was a motion made by Scott McLean to accept an invalid Certificate of Compliance for 95 Chestnut Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Certificate of Compliance: Uncas Avenue Extension (Local Only)
There was a motion made by Scott McLean to accept the Certificate of Compliance for Uncas Avenue Extension. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Certificate of Compliance: 5 Red Gate Lane
There was a motion made by Scott McLean to accept the Certificate of Compliance for 5 Red Gate Lane. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Certificate of Compliance: 222 Daniels Street
There was a motion made by Scott McLean to accept the Certificate of Compliance for 222 Daniels Street. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Discussion: By-Law Amendment
George Russell, Conservation Agent, informed the Commission members that the DPW Director has submitted an amendment to the local wetlands bylaw on detention basins. The town attorney is prepared to submit this to the Town Council but he would like the Conservation Commission to approve of the wording in the document.
The DPW has 98 basins to maintain in Town. The intent of the amendment is for the DPW to maintain these basins and is seeking the authority to maintain the basins without going through the permitting process with Conservation.
The consensus of the Commission, except one Commission member Ravi Pendkar, was that they are requesting notification of annual maintenance by the DPW to the Conservation Commission when work in the detention basins is scheduled.
Minutes:
There was a motion made by Scott McLean to accept the minutes for October 29th, 2015. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion made by Scott McLean to accept the minutes of the November 12th, 2015 meeting. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Violation: 438 West Central Street Restoration
Mr. Wayne Belec, Engineer of Waterman Design Associates, appeared before the Commission on a violation matter at the Shell Station on West Central Street.
Mr. Russell informed the Commission members that Mr. Belec is appearing at tonight’s meeting to address a violation. The Commission requested that a wetland scientist be engaged to evaluate the material placed adjacent to or in the resource area in the rear of this property.
The scientist’s report and the restoration plan to remove the material have been submitted and Mr. Russell recommended the Commission accept this plan and the restoration work be authorized to proceed.
Mr. Belec reviewed some background information on this area of concern on this site. He also presented some photos of the site in its current condition and gave a detailed explanation of these photos.
These photographs have been added to the file
Mr. Belec described the manner in which the restoration work will be conducted. He suggested that all of the debris on the site be removed.
The amount of debris will be approximately 6-8 cubic yards. The intent is to restore the site to its natural state and prevent this from occurring again.
There was a motion made by Ravi Pendkar to accept the report and authorize the work that is suggested in the report. An amendment to the existing NOI for this work and any other work must be filed before the permit is extended further and that the Conservation Commission office be notified at the start and completion of the work. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Signed Certificates of Compliance, Minor Buffer Zone Activities & Orders of Conditions
Certificate of Compliance – 5 Red Gate Lane – Precool - CE159-1088
Certificate of Compliance – Uncas Avenue – Walsh Bros. - SE159-813
Orders of Conditions – 8 Paulene Drive – Shugrue - CE159-1094
Orders of Conditions – 5 Kenwood Circle – EDC - CE159-1114
Orders of Conditions – 674 Pleasant Streets – Thornhill – CE159-1104
Minor Buffer Zone Activity – 161 Pine Street – Cooper
Minor Buffer Zone Activity – 5 Briarwood Road – Good
Certificate of Compliance – 95 Chestnut St. - McDade – CE159-1043
Certificate of Compliance – 222 Daniels St. - Weller son – SE159-911
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Paul Harrington and accepted with a vote
of 5-0-0.
The meeting adjourned at 9:35 PM.
Respectfully submitted,
Kathleen Celorier
Recording Secretary
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