Minutes of Meeting
May 10, 2012
To: Town Clerk
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, R. Ballantyne, M. DePoto, P. Stolfa, Associate Member, Nick Alfieri, Conservation Agent
Absent: J. Livingstone, A. Riordan, Associate Member
There was a motion to accept the minutes of the April 12th, 2012 meeting. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to accept the minutes of the April 26th, 2012 meeting with 3 corrections. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Permit Decision: Emeritus Assisted Living - 656 King Street – CE159-1029
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has provided the Commission with 71 proposed special conditions included in the Agent’s Report.
There was a motion to issue State and Local Orders of Conditions for 656 King Street with the 71 conditions as discussed. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Minor Buffer Zone Activity: 31 James Street
Mr. Alfieri informed the Commission that the applicant would like to add a patio and removal of 6 trees. The trees are in danger of falling and causing damage to the house.
Mr. Jeff Rosen, the applicant, appeared before the Commission to address any concerns from the Commission. The Commission had questions as to the location of the proposed work and how far it is located from the wetlands. Is it located within the 25 ft. buffer zone was questioned?
The Commission members will conduct a site walk in order to give the applicant better direction on how to proceed with the proposed project. The site walk will be conducted on Thursday, May 17th at 6:15 p.m.
Public Meeting – Request for Determination – New England Power Company
Ms. Lee Curtis, a representative of BSC Group, appeared before the Commission for the structural repair and replacement project in the electric transmission line right-of-way.
Ms. Curtis gave the Commission an overview of the project details. While conducting some previous work, some additional structural repair and replacement was determined that needed to be done in the electric transmission line right-of-way. There are 6 structures that need to be repaired in Conservation jurisdiction.
There was a motion to issue a Negative Determination for the New England Power Company replacement project with the 4 standard conditions; notify the agent at the beginning of the work, notify the agent at the end of the work, conduct the work according to the plan and all the swamp mats must be removed and the area restored back to the previous condition. The motion was seconded and accepted with a vote of 6-0-0.
Discussion: Southern Acres field modification
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for a discussion regarding a basin located at the rear of the site. Mr. Nielsen stated that the outlet structure was approved by the Commission; the elevation in that location is higher. The applicant would have to go 15 ft. into the buffer to allow the headwall to remain in the location.
Mr. Nielsen requested that the applicant be allowed to go to the location where the outfall is the same grade. There would be no additional disturbance beyond the already approved limits. The outlet structure would only be rotated to the right.
Mr. Alfieri stated that Mr. Peter Williams, Engineer of GZA Environmental, contacted him and stated that there would be less disturbance in the buffer zone if this change was approved. Mr. Alfieri is in agreement with Mr. Williams.
There was a motion to issue a minor correction to the Southern Acres plan as discussed moving the location of the outlet structure. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Notice of Intent – Delcarte Conservation Area – Town of Franklin - CE159-1034
Mr. Dan Rukakoski, Senior Environmental Scientist, Mr. Zachary Bogg, Engineer of Tighe & Bond, and Mr. Chris Haker, Manager of Dam Engineering Department, all appeared before the Commission for rehabilitation of two existing dam structures at (Dams 3&4) at the Delcarte Conservation Area.
Mr. Rukakoski presented the Commission with project plans and gave an overview of the plans and the conditions of the dams to be rehabilitated. He gave options for the process of the work to be conducted on the dams.
The Commission Chairman questioned some items in the Notice of Intent package. How to prevent woody vegetation in the future? Mr. Rukakoski recommended mowing twice a year; Spring and Fall would be optimum. There is a filter fabric underneath the rip rap to inhibit weed growth.
There was a permanent special condition discussed stating that the applicant can manually remove woody vegetation on the rip rap.
The Chairman asked Mr. Rukakoski where he deemed an appropriate location for the dewatering? Dirtbags will be used for this process.
Mr. Rukakoski stated that it is usually on the downstream side if possible and could be done in one construction season.
Mr. Alfieri informed the applicant of 8 items to be addressed in this Notice of Intent filing.
The Chairman asked the Commission members if it was acceptable to them that the applicant not be required to file a detailed wildlife habitat evaluation. This was acceptable to the Commission members.
A Commission member questioned if this project takes into account that the flood maps are in the process of being updated and will the project be built for a 50 year flood? Mr. Rukakoski.
stated that is correct.
Mr. Joseph Fox, an abutter of 9 Matthew Drive, questioned the locations of Dams 3&4. Will the water levels stay at the same level?
Mr. Charles Gravina, an abutter of 511 Pleasant Street, expressed concerns regarding Dam 5 behind his house. When the work is completed on Dam 3 & 4, how will this affect the water on his property? When will work be conducted on Dam 5? It is not jurisdictional and there is no access to it; therefore, there is no work proposed for Dam 5.
Mr. Mark Chiarelli, an abutter of 21 Longfellow Drive, raised questioned regarding the access to the dam near his property? Dam 1 is located near his property and no work is planned for it.
The Commission members will conduct a site walk on Thursday, May 17th at 6:30 p.m.
There was a motion to continue the public hearing until the next hearing on May 24th. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – 18 Island Road – Unkauf - CE159-1032
Mr. Unkauf, the applicant, appeared before the Commission for the installation of a sewer left station and Town sewer connection. The Chairman summarized the observations of the Commission at the recent site walk.
A permanent special condition was discussed regarding maintaining a spare pump on site in perpetuity. No phosphorous was discussed. There are 2 trees along the driveway; one is an 8” elm and the other is a weeping willow. One of these trees has fallen into the river and one is hanging over power lines. Could they be taken down as a part of this Notice of Intent?
The consensus of the Commission was that the applicant has satisfied his burden of proof.
There was a motion to close the public hearing for 18 Island Road. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Mass. Bay Commuter Railroad – TRC – CE159-1033
Mr. Jon Fournier, Conservation Commission member, recused himself from this public hearing.
Ms. Samantha Hard, a representative of TRC, and Mr. Chris Ford, a bridge inspector for MBCR, both appeared before the Commission for replacement of a culvert in the right-of-way.
Ms. Hard submitted a letter to the Commission summarizing the changes made in the project and gave the Commission an overview of the contents of this letter which has been added to the Conservation file.
Ms. Hard requested input from the Commission on how they should proceed. There will be a track out of service in June. They have done a preliminary watershed analysis and identified an approximate watershed of 300-400 acres.
The Commission Chairman raised three points based on the recent site visit which were:
- There are some trees that need to come down; 6 trees on the north side of the railroad.
- What sort of mitigation does the Commission want for losing these trees. No mitigation was the consensus.
- Will the culvert operate if submerged?
- Does the applicant have permission from the adjacent property owners where the jacking pit will go?
Mr. Alfieri stated that all of his comments have been addressed by the applicant.
Mr. Ford stated that after the pipe and headwalls are in place, the sheathing and concrete pad is removed and rip rap is liberally applied.
Some special conditions discussed were:
- The applicant shall provide the Commission with evidence of an access agreement with the Town
- Once work has been completed, rip-rap shall be placed over the entire area of disturbance.
- A dewatering plan must be submitted before work starts
The Chairman stated that the applicant has satisfied his burden of proof.
There was a motion to close the public hearing for Mass. Bay Commuter Railroad Culvert Replacement. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Enforcement: 880 West Central Street
Mark Cerel, Town Attorney, appeared before the Commission for an Enforcement matter for 880 W. Central Street regarding parking equipment adjacent to the wetlands.
Mr. Alfieri gave the Commission members an overview of the events that have transpired with this Enforcement matter to date.
Mr. Alfieri stated that there is an agreement letter dated May 10th being reviewed by Mr. Wise’s attorney, Attorney Shephard Johnson, for approval between Mr. Wise and the Commission. This letter has been added to the Conservation file.
Mr. Alfieri stated that the conditions of the agreement could be changed to state that the equipment must be moved from the area where it is parked 50 ft. from the wetlands until the area is paved and then the applicant would have until the end of the calendar year to pave it. When it is paved, the equipment can be moved back to that location. Mr. Wise must file a Notice of Intent to install the sewer system.
Attorney Cerel stated that there is a potentially failing sewer system and would not encourage hampering this work.
The Commission members came to the consensus that Mr. Wise must move the equipment more than 50 ft. away from the wetlands within one week. Also, added clarification that the Commission would require a Notice of Intent to be filed for the sewer work.
Mr. Alfieri will make these modifications to the agreement letter and sent it to Attorney Johnson and inform him that this is the final decision of the Commission. Please have Mr. Wise sign this letter and send it back to the Commission for ratification.
Chairman & Commission Comments
The Chairman gave the Commission an update on the 26 Beech Street site. Mr. Alfieri has visited the site and the planting has been completed. The applicant is in compliance with the Orders of Conditions.
Signed Determination of Applicability & Orders of Conditions
Determination of Applicability (Negative) New England Power Company – Structural Repair
Orders of Conditions – Emeritus Assisted Living – 656 King Street – CE159-1029
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:00 p.m.