State DEP Backlog Hobbles ConComm Hearings

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The Franklin Conservation Commission met in the Council Chambers Thursday night to address public hearings, enforcement questions, and other issues. In addition to Chair William Batchelor, member Andrew Mazzuchelli, Jeffrey Milne Richard Johnson, Patrick Gallagher, and Jeffrey Livingstone were present or participating via Zoom. Paul Harrington was absent.

The first three hearings were all “notice of intent” NOI matters for 3 adjacent lots on Prospect Street, number 4,5, and 6 on the plan. While other matters also were problematic, the chief obstacle to moving ahead on these sites and on most other matters addressed during the evening, was lack of a project number from the state’s Department of Environmental Protection (DEP).

The developer spoke briefly about the project and, since it was a public hearing, Nick Capoccia, an abutter on Prospect Street, spoke regarding his concerns regarding whether any of the changes might affect drainage and potentially cause ponding of water on his property.

In a round-robin between Capoccia, the developer, Commission members, and Conservation Agent Jen Delmore, it was concluded that part of the “problem” is a raised roadbed, abandoned in the 1920s, by the electric street railway that once passed through the area and now acts to impeded runoff. But the relevant parts of the development are actually in the town of Bellingham. So, Batchelor urged Capoccia to be sure to attend the equivalent hearings in that town to make sure his concerns get addressed.

The next matter discussed was a Notice of Intent (NOI) for a four-lot subdivision at 900 Washington Street, intended to include three homes and then (through a future application) a religious building or buildings at the end of the cul-de-sac. It is intended to use public water supply but rely on private septic systems.

According to Delmore the property has some erosion control issues and an error in the documentation describing the wrong type of erosion control technology. And, again, Delmore noted that there is no DEP number yet for the project. At Delmore’s recommendation, this matter was continued to a future meeting.

Then, it was the turn of the owners or 1256 West Central Street, represented by one of their number, Jemin Patel. The central issue is that the property is proximate to a wetland area and was flagged as such, with marked demarcation area where there was to be no disturbance. But disturbance had occurred and the ConComm noticed.

Patel explained that during the winter, a contractor had piled snow and then used equipment to remove the snow. Because of the snow, the flagging wasn’t visible and the removal process caused the damages. Commissioners agreed that snow had led to other flagging problems and unintentional violations in the past. Patel offered apologies and indicated that in the future, he would be on the site and would be able to better oversee snow removal. He promised to deliver a remediation plan in a few days so that the Commission can review it.

Shrinivas Kollipara, owner of 5 Palomino Drive, was next up for a review of potential wetlands violations on his property. He had been asked to hire a wetlands scientist and that individual determined that brush and poison ivy removal he had completed earlier was in violation. Kollipara is now asked to come up with a plan for replanting native species in the area. Kollipara was asked if he would need to replant the poison ivy but was assured that would not be required. This matter, too, was continued to a future meeting.

The Commission also reviewed and approved minutes for July 29, Aug. 12, and Aug. 26. The final matter of regular business was a discussion with regard to 27 Sophia Circle, a home built in 1992. But, it seems, some of the environmental permitting that should have been taken care of then, never was. Now, the owner is trying to figure out how to get things straightened out. “It’s beyond me how someone could let this go for 20 years,” said Batchelor. One of the issues is that the wetlands themselves have probably evolved since the permit was first needed, leading Delmore and the Commissioners to suggest that the owner will likely need to start over to get their needed certificate of compliance (COC).

Last up, commissioners Andrew Mazzuchelli and Patrick Gallagher reported on their efforts to prep for the Earth Day Cleanup planned for the DelCarte property on Saturday, Oct. 16 from 9 to noon.

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