Con Comm Looked at Pool Permitting Issue, Wetland Violation in Thursday Meeting

Operating partly in person and partly via Zoom, the Franklin Conservation Commission met Thursday night to handle routine matters as well as two issues that brought citizens before the commission.

The first was a NOI (notice of intent) for 4 Ashley Circle. Translation: John and Jill Rondeau at that address wanted to build an in-ground pool this summer and they (John Rondeau was present at the meeting) were hoping to finalize things once and for all

What got them involved with the Con Comm was the proximity of the project to a protected wetlands area.

According to Rondeau, the Conservation Agent, Jen Delmore, initially thought they would not have a problem. Ultimately, though, after having to hire a state-certified wetlands scientist, who thought otherwise, the project had to be scaled back by about three feet. And a specific number of trees and other approved plantings had to go into the disturbed border area. All of which has taken many weeks.

Rondeau said he knew it would take time so he tried to get the process rolling in February or March. Finally, last night, thanks to the Zoom testimony of his hired wetlands scientist and the approval of Delmore, it looked like he would finally get the blessing of the Commission.

Alas, Catch-22, it turns out the Commission can’t actually approve the project until it is assigned a project number by the state’s Department of Environmental Protection (DEP), which hasn’t happened yet. One of the commissioner’s pointed out that DEP is so backlogged, they reportedly haven’t issued any project numbers since April or May.

So, Rondeau said he is adjusting his expectations and still hoping the project can start before frost and snow closes in...

Also before the Commission was a Palomino Drive resident. He explained that he had been very concerned about the safety of his home after a rash of break-ins, including his own home, and had tried to cut back brush to improve sightlines. He also said a 12-foot intrusion of poison ivy into his lawn had made the property almost unusable and led to his family needing medical treatment.

In the process of tackling those yard problems, he had made cuttings within the buffer zone around his neighbor’s property, which unbeknownst to him, had a protected wetland area within it. Furthermore, when the Conservation Agent investigated, he happened to mention that there had once been a “wetland” area mentioned on his property plan, though evidence of it was no longer readily discernible.

But regulations are regulations, so that Palomino Drive homeowner has been told he must hire a wetlands scientist to determine whether a wetland still exists on his property. When that is determined the Conservation Commission plans to revisit the issues.

One member of the Commission questioned whether it was really necessary for the homeowner to incur the cost of the wetlands scientist, since the neighbor’s property is what brought the issues before the Commision. But the consensus among the Conservation Agent and the balance of the commissioners, was “yes.”

Before adjourning, the Commission also discussed plans for a fall “Earth Day” cleanup and indicated they hope to set a date in the near future.