Minutes of Meeting
April 5, 2007
To: Town Clerk
Present: P. Boncek, R. Willis, M. Cohen, J. Fournier, P. Murphy, C. Botchis, Richard Vacca,
There was a motion to accept the minutes of the meeting of March 22nd. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
There was a motion to authorize Mr. Vacca to issue a letter to the ZBA explaining that the Conservation Commission has no issues under the current Bylaws concerning the Eaton Place 40B Elderly Housing Complex and the applicant only needs to appear before the Commission with a Notice of Intent under the State Wetlands Protection Act and they may move forward with their decision. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to authorize Mr. Vacca to attend a Wetlands Conference in Boston with a registration fee of $185.00. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to authorize a minor correction to the Orders of Conditions for the bridge crossing for the Franklin Heights project for a temporary disturbance of the resource area of 128 additional sq. ft. of impact with the Conservation Agent being present at the site during the work. for the placement of the water and sewer lines with the same soil be put back in the same manner as it was removed. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Jeff Nutting, Town Administrator, appeared before the Conservation Commission stating the Town Council attempted to purchase the Pond Street site that was up for sale. This transaction did not take place as the applicant’s consultant found that the wetlands were larger than were presented.
The Town of Franklin would now like to hire a wetlands biologist to delineate the wetlands on this site with Mr. Vacca so that the wetland line could be agreed upon by the Commission and the Town of Franklin before the RFP goes out so there will no dispute as to the location of the wetland line and how much of the site is buildable.
Mr. Nutting requested that the Commission and Mr. Vacca participate with the consultant hired by the Town of Franklin to avoid a duplicate of the cost for the consultant as the Town of Franklin is working under financial concerns regarding a budget deficit. Mr. Nutting requested that if the Commission chooses to have an additional consultant delineate these wetlands, that it be paid for from the Conservation Fund given the budget deficit for the Town.
There was a consensus/agreement among the Commission members that if a third party review need to be hired, they would fund it from the Conservation monies.
Enforcement – 5 Hemlock Lane – Barry
Mr. & Mrs. Ed Barry of 5 Hemlock Lane appeared before the Commission on an Enforcement matter regarding a fence on their property located in Conservation jurisdiction. Mr. & Mrs. Barry have met with Mr. Vacca on March 29th and have agreed to remove the portion of the fence that is locatedin Conservation jurisdiction.
Mr. Vacca recommended that the Commission give the Barrys authorization to remove the fence by a certain date and e required to notify the Conservatoin Department in writing then this work has been completed. If this fence removal is not cvompleted by this date, the applicant would be fined at $300.00 per day since the fence was installed.
There was a motion to allow the Barrys 90 days to remove the fence out of Conservation jurisdiction. The motion was seconded and accepted with a vote of 6-0-0. The Commission required that the fence be removed by June 30th, 2007.
Public Hearing – Notice of Intent – Beaver Pond – Town of Franklin - CE159-940
Mr. Ray Willis, a Conservation Commission member, recused himself from the public hearing due to a conflict of interest as the Town of Franklin is a client of his employer.
Mr. Ryan Jette, Recreation Director of the Town of Franklin, appeared before the Commission for the hydroraking of Beaver Pond/Chilson Beach. Mr. Jette informed the Commission members that Beaver Pond has always been hydroraked with an area of 10,000 sq. ft. for the removal of aquatic vegetation.
This work is performed by Aquatic Control Technology and scoop the weeds out and place it in an haybaled area on both sides of the beach. The DPW will come in within 24 hours and remove it. This is done before Chilson Beach opens for summer swimming.
Mr. Jette stated that he has received a DEP file number but is currently awaiting the final decision from the Natural Heritage program as there is a rare species bird on the site.
Mr. Jette stated that this work needs to be undertaken every year and this manner is a much more desirable method that using chemicals.
Mr. Vacca stated that he has no items that remain to be addressed in this Notice of Intent filing with the exception of the letter from Natural Heritage.
Mr. Jette asked the Commission for permission to schedule the work and was informed that they did not have any issues with this request.
There was a motion to continue the hearing until April 19th in order to give Natural Heritage time to respond to this filing. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 4-7 Penny Lane – Coras - CE159-934
Mr. Jason Coras of Eastern Management & Development, the applicant, and Mr. Paul DeSimone, a representative of Colonial Engineering, both appeared before the Commission for the construction of a driveway, utility lines and grading at Lot 4-7 Penny Lane.
Mr. DeSimone submitted revised plans for the Commission’s review and the filter mitt detail, and construction sequence as well. He looked at moving the house and won’t fit. The house is located outside of the 100 ft. buffer zone and grading for septic is located inside it, approximately 75-80 ft. from the edge of the wetlands. The impact will be minimal; the area is a hayfield. No trees to be cut for the proposed work. The retaining wall to keep the slope back and was reduced somewhat was too much closely.
The Commission Chairman stated that he would request around the retention pond closer to the street; the slopes are not stable and would like to see the stockpiles have functioning haybales placed around them.
Mr. Vacca informed the applicant that the square footage of buffer zone impact, where the resource areas are located should be depicted on the plan. The North arrow should also be depicted on the revised subdivision plans.
There was a motion to close the hearing with the conditions that the revised plans be submitted depicting the amount of disturbance and impact to the buffer zone, the North arrow be depicted as a reference and the resource areas with the 100 ft. buffer zone line be depicted on the plan. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request to Orders of Conditions – 438 West Central Street - SE159-862
The Commission Chairman stated that a letter has been received from the applicant’s representative dated April 2nd requesting a continuance of the public hearing until May 3rd.
There was a motion to continue the hearing until the May 3rd, 2007 meeting. The motion was seconded and accepted with a vote of 6-0-0.
Permit Decision: 6 Lena Circle - CE159-938
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with the standard small project conditions. The motion was seconded and accepted with a vote of 6-0-0.
Signed Order of Conditions
Order of Conditions – 6 Lena Circle – Calabrese - CE159-938
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:30 p.m.