Minutes of Meeting
January 19, 2012
To: Town Clerk
Present: A. Tolland, J. Fournier, R. Willis, J. Livingstone, R. Ballantyne, M. DePoto P. Stolfa, Associate Member, A. Riordan, Associate Member, Nick Alfieri, Conservation Agent
Absent: M. Allen
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Discussion: Policy Statement
The Commission Chairman stated that at previous public hearings, the Commission drafted a policy statement. There were some changes requested by the Commission and Mr. Alfieri was directed to add these to the draft document. Mr. Alfieri presented this policy statement to the Commission members at tonight’s meeting. A Commission member made note of the fact that some of the revisions were not reflected in the final document presented by Mr. Alfieri.
There were 3 revisions discussed by the Commissioners and Mr. Alfieri will make these 3 edits and bring it back to the Commission for final approval.
A Commission member read the Policy Statement for the record and Commission review.
There was a motion to accept the Policy Statement with the 3 changes; to strike no, the ability and to not capitalize land as discussed. The motion was seconded and accepted with a vote
A discussion also ensued regarding the Conservation Property Rules and Regulations document which Mr. Alfieri presented to the Commission for review and comment.
Mr. Alfieri will start the process of bringing it before the Town Council in order to obtain authorization to issue fines and collect these fines.
Also reviewed by the Commission members was the Conservation Property Use Permit form. Mr. Alfieri will add one item to the bottom of this form and also make 1 revision at the request of the Commissioners.
There was a motion to approve the Conservation Property Rules and Regulations with the 2 edits to the permit fees and edit the second sentence starting with the fire ring shall notify the Fire Department rather than please and a note at the bottom regarding giving sufficient notice; however Mr. Alfieri rephrases these items. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Grove Street Water Main – DPW – CE159-1026
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Deacon Perrotta, Water & Sewer Superintendent for the Town of Franklin, both appeared before the Commission for the installation of a new municipal water main on Grove Street.
Mr. Nielsen stated that DEP has just received the Notice of Intent package that day and therefore no DEP file number has yet been issued.
The Commission Chairman gave an overview of his findings from the recent site walk:
- The discussion revolved around the location of the erosion controls at the crossing and also at Old Forge Hill Road.
O There was a review of the vegetation rip rap by the bridge to preserve that structure.
- Oriental Bittersweet was observed along the embankment to the river; suggested perpetual condition that the Town may manage this nuisance vegetation.
Mr. Nielsen submitted revised plans highlighting discussion points from the site walk and gave the Commission members a detailed overview of these plans.
A special condition suggested was a specific type of erosion control; i.e., burlap exterior waddles with compost as opposed to expanded plastic netting be used where the pipe has been moved.
Mr. Alfieri stated that these Orders of Conditions cannot be recorded and no Certificate of Compliance would be issued as it is a linear Town project.
Special conditions discussed were:
- There will be 35 to 40 standard conditions for linear projects
- A permanent condition that the Town may cut and manage woody vegetation in the rip rap and along the stream down from Grove Street to Old Forge Hill Road.
- The erosion controls that are proposed to be used away from the road where the pipe comes out of the ground and running back to it, possibly build a pyramid of waddles and specify burlap exterior and size near the bridge but not along the road where no erosion control is needed.
There was a motion to continue the hearing until the next meeting on February 2nd. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Enforcement: 887 Lincoln Street – Restoration Plan
Attorney Harvey Trask and Mr. Charles Koshivas, Jr., both appeared before the Commission on an Enforcement matter for 887 Lincoln Street. Attorney Trask submitted reports from a wetland biologist and the USDA Conservation Services. Also, a listing and description of the trees to be planted as replacement from Weston Nurseries.
Attorney Trask stated that the applicant intends to do everything to comply with the Enforcement Order to be accomplished on or before April 30th, 2012.
A discussion ensued regarding the size and placement of the trees to be planted on the site as mitigation. The Commission members marked up the plan and denoted on the plan where these trees shall be planted. These plantings must be done by April 30th, 2012.
The Commission Chairman asked Attorney Trask if the USDA is currently preparing a farm plan for the site. In order to be eligible to apply for a limited project under the agricultural category, you must have a USDA farm plan. If you do not have this farm plan, you cannot apply for a limited project which gives the applicant leeway as far as the activities that could be performed. The applicant would be required to file a full Notice of Intent in order to perform work in Conservation jurisdiction.
There was a consensus among the Commission members to wait to waiver the fine until compliance is accomplished on April 30th, 2012.
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 8:00 p.m.