Minutes of Meeting
February 16, 2012
To: Town Clerk
Present: A. Tolland, J. Fournier, M. Allen, J. Livingstone, M. DePoto, R. Ballantyne, Nick Alfieri, Conservation Agent
Absent: R. Willis, P. Stolfa, Associate Member, A. Riordan, Associate Member
The Conservation Chairman called the meeting to order and stated that the Conservation Commission needs to meet in Executive Session to discuss strategy with respect to litigation, declaring that an open meeting may have a detrimental effect on the litigating position of the Commission.
Motion made and seconded that the Town of Franklin Conservation Commission go into Executive Session to discuss strategy.
A Roll Call vote is required:
Monique Allen - Yes
Jon Fournier - Yes
Regan Ballantyne – Yes
Marc DePoto - Yes
Jeff Livingstone - Yes
Andy Tolland - Yes
The motion carries with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – Wyllie Rd., Miller/Green Streets & Jason Circle – DPW CE159-1028
Ms. Monique Allen, Commission member, recused herself from the public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for stormwater drainage improvement work. Mr. Yadisernia gave the Commission a detailed overview of the plans for the project.
Mr. Yadisernia stated that at the end of Wyllie Road is the only portion of the project that is in Conservation jurisdiction. There is an existing 180 ft. stone swale which needs to be upgraded.
An access road will have to be built in order to do this work. A file number has been received from the DEP.
Mr. Alfieri informed the applicant of 5 items to be addressed in this Notice of Intent filing.
Mr. Yadisernia stated that he has informed Natural Heritage so that they may determine if the site falls within any Estimated Habitat areas.
The Commission members will conduct a site walk of the project on Sunday, February 19th at
There was a motion to waive the Town fees for Wyllie Rd., Miller/Green Streets & Jason Circle. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
There was a motion to continue the public hearing for Wyllie Rd., Miller/Green Streets & Jason Circle until the March 15th meeting. The motion was seconded and accepted with a vote of
5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Meeting – Request for Determination - New England Power Company – Utility Structure Replacement
Mr. Matt Kelly, a representative of VHB, appeared before the Commission representing New England Power Company, for utility structure replacement work. Mr. Kelly gave the Commission an overview of the project, which is located between Forge Parkway and Rte. 140.
The structure replacement area is located within the 100 ft. buffer zone to the BVW and also borders a tributary to Mine Brook. The work will take place in the buffer zone; not in the wetland itself. There is upland access through Forge Parkway.
The area of disturbance will be mulched with straw upon completion of the work. The area of work is 50 square feet in size. It is located approximately 60-75 ft. from the wetlands. Erosion controls will be put in place.
There was a motion to issue a Negative Determination for the New England Power utility structure replacement with 5 special conditions as discussed. These conditions are:
o Use biodegradable burlap compost socks for erosion control
o Notify Conservation Staff before the work starts
o Notify Conservation Staff after work has been completed
o Do the work according to the plan
o Remove any construction debris from work site
The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Wilson Road Culvert – DPW - CE159-1027
Mr. Mike Maglio, Assistant Town Engineer, appeared before the Commission for railroad bed culvert replacement work behind #1 Wilson Road.
The Commission Chairman outlined the major points from the site walk which were:
- sizing of the dewatering container
- woody mix to be placed on the steep slope
- placement of erosion controls
Mr. Alfieri informed the Commissioners that there are some draft special conditions attached to the Agent’s Report for review and discussion.
There was a motion to close the public hearing for Wilson Road Railroad Bed Culvert Replacement. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to issue State and Local Orders of Conditions for Wilson Road Railroad Bed Culvert Replacement subject to the 51 conditions subject to the edits and amendments discussed by the Commission members. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement: 38 Miller Street
Mr. Erik Schwarz, homeowner of 38 Miller Street, appeared before the Commission on an Enforcement matter.
Mr. Schwarz submitted a revised plan depicting the proposed work to be done on his property.
The Commission members reviewed this plan and provided Mr. Schwarz with some suggested changes to be made on the plan. The planting plan has been added to the Conservation file.
The Commission members provided Mr. Schwarz with a marked up plan showing modified plant selection and also modified the erosion control to show compost socks. This plan is dated February 16th, 2012. The Commission requested that the plantings be done by May 30th with a 90% survivability over 2 years.
Delcarte Planning Meeting Debrief
The Commission Chairman informed the Commission members that Town Administration would like to use the 1 ½ acre parcel in front of the DelCarte parcel for an adult park for exercise purposes. They are seeking Conservation comment and approval. An ADA accessible walkway across Pond 3 in order to cross Pond 4 to access the upland area was discussed. The removal of the foundation for the bait shop due to safety issues was discussed. Also discussed was trash collection and fencing around the park with screening for safety reasons. Handicapped parking closer to the water was also brought up for discussion but no closer to the 25 ft. buffer zone.
The only objection raised was to parking less than 50 ft. from the wetland.
Mr. Alfieri stated that creating a loop trail to a boardwalk near the water was suggested. Something will have to be done to keep water fowl off of it.
Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – Wilson Road Culvert Replacement – Town of Franklin - CE159-1027
Determination of Applicability (Negative) Utility Structure Replacement – New England Power
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 8:40 p.m.