ConComm: 41 Dover NOI Approved and a `Trip in the Wayback Machine..'.

Above, Attorney Deborah Batog taking the Commission "back to 1985."

The Franklin Conservation Commission met on Thursday, Feb. 17 at 7 pm virtually and in the Council Chambers with a comparatively light list of tasks before it. Chair William Batchelor called the meeting to order, took roll call, and then tackled the first item on the agenda, a notice of intent (NOI) for 41 Dover Circle. Commissioner Patrick Gallagher recused himself. The applicant was represented by Colonial Engineering. The project involved some modifications to a deck stairway, and landscaping at the property and the addition of a shed.

The project came before ConComm because of its proximity to a wetland area and a 25-foot “no touch” buffer zone.

Batchelor asked for a report from Wetland Scientist Lenore White of Wetland Strategies, Inc., working on behalf of the town. She reported that she had met with the homeowner and that the wetland is more extensive than shown on the plans, but that extent does not interfere with the proposed construction. She indicated that “flagging” of the project would not be needed.

Importantly, she expressed a belief that the homeowner’s plans to add shrubberies just within the 25-foot buffer zone, would actually be a plus from an environmental perspective because of the area’s slope. ”I think planting shrubs is something that would certainly add some protection to that area,” White said.

Batchelor noted that this was not typical practice but said he would `defer to the opinion of the scientist.’

The other members of the commission concurred. The commissioners then voted to close the hearing and followed that with a vote to approve the NOI ‘with conditions,” including a request by White to ensure that the applicant provides “their functions and characteristic statement.

Gallager returned from his recusal.

The next matter involved 341 West Central Street, with the owner represented by Attorney Deborah E. Batog of Gilmore Rees & Carlson PC. She explained that the matter “went back to 1985,” to which Batchelor exclaimed, “Oh, the wayback machine!”

Batog went on to explain that the original approval had apparently never been closed out, which presented an issue for conveying the property. She said she had discussed the matter with Town Planner and Acting Conservation Agent Bryan Taberner. Batchelor invited White, who had also been involved with the discussion, to explain.

White said, originally there was an order of conditions issued for a large project. Subsequent to the order of conditions, the parcel was subdivided, “but the order of conditions follows those subdivided parcels; it follows the deed,” she said. “Now we have this law that really has nothing to do with wetlands, but it was part of the original order of conditions. So, the applicant was correct in requesting a partial certificate for just that one lot. And it's my understanding that Byion spoke to one of the parties there and agreed that yeah, it's just one of those things that happens with these older, larger projects that the order of conditions runs with the deed. And it clouds the title of these deeds. So, what he Bryan had recommended, was that the Commission issue a partial certificate of compliance for that one lot.

After some brief discussion, Batchelor and the commissioners agreed, voting unanimously in favor.

Shortly thereafter, the meeting adjourned.