TOWN OF BURLINGTON Conservation Commission MINUTES OF Approved August 13, 2015 Members Present: Vice-Chair G. Lima, K. Melanson, W. Boivin (Acting Chair), I. Deb, N. Celik Members Absent: Also Present: Chair L. Cohen, A. McNamara Conservation Administrator J. Keeley, Assistant Conservation Administrator H. Charles Lis 1. Call to Order W. Boivin called the meeting to order at 7:00 pm. 2. Citizens Time No one spoke. 3. Approval of Minutes June 11, 2015 Tabled till the July 9, 2015 Conservation Commission meeting. 4. Request for camping permit at Sawmill Brook Conservation Area Rachel Merullo This item was tabled, pending the arrival of the applicant. As the applicant did not appear, this item was removed from the agenda. 5a. Request for Certificate of Compliance 80-82 Cambridge Street (Mercedes Benz) Bernie Moreno, M11 Realty, LLC DEP# 122-534 Engineer Frank DiPietro of the BSC Group, attorney Nicolas J. Di Mauro of Law Offices of Nicholas J. Di Mauro, and facilities manager John Dunleavy of Mercedes Benz represented the application. Mr. DiPietro summarized that all the conditions have been met, except the condition in regards to the landscaping requiring a full growing season. The landscaping was installed last fall. In exchange for granting the Certificate of Compliance, the applicant agreed that the Town continue to hold the bond, until the landscaping condition is met.
2 J. Keeley spoke about the frequent site visits the staff has made, in which they encountered no issues. He agrees with Mr. DiPietro s recommendation for holding the bond. The Conservation Commission discussed: Not using herbicides/pesticides Changes to the plans, i.e. net reduction of two parking spaces and drainage measurements Green roof upkeep by having a regular maintenance plan Keeping the erosion controls until October or as deemed necessary by staff The Conservation Commission staff requested: Informing the Conservation Commission staff prior to pruning or removing trees on site. o Mr. Dunleavy agreed. A MOTION TO ISSUE A CERTIFICATE OF COMPLIANCE FOR PROJECT AT 80-82 CAMBRIDGE STREET, DEP #122-534, WAS MADE BY N. CELIK. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). 5b. Request for Certificate of Compliance 27 Bedford Street John Mancini DEP #122-504 No one represented this application. J. Keeley summarized this project was a tear down and rebuild. After the tear down, it was sold by the original applicant, and the new owner built the house. This site is stable, and he recommends issuing the Certificate of Compliance. K. Melanson is opposed to issuing the Certificate of Compliance without further information. The homeowner has recently worked on the driveway, and she wants to know what was done to it. She requests speaking with the homeowner prior to issuing. This discussion will continue at the July 9, 2015 Conservation Commission meeting. 5c. Request for Certificate of Compliance 11 Tinkham Avenue O Brien Homes Inc. DEP #122-409 This discussion will continue at the July 9, 2015 Conservation Commission meeting. 5d. Request for Certificate of Compliance Sorelle Place Aldo Gallinelli DEP #122-411 This discussion will continue at the July 9, 2015 Conservation Commission meeting.
3 6a. Request for Determination of Applicability 9 Eisenhower Drive Steven J. Goneau Residential renovation & tree removals Owner Steven J. Goneau represented the application. H. Charles Lis explained the Building permit has been issued for the home renovation projects. She noticed some mapped wetlands on the property, contacted Mr. Goneau, and required some erosion controls and filing with the Commission. Work has ceased in the area of the house closest to the wetlands. The Conservation Commission requested: Fence to demarcate the naturally vegetated area and wetlands on this property. o Conservation Commission staff would confirm the location of the fence with the applicant. H. Charles Lis reviewed the findings and conditions. A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 9 EISENHOWER DRIVE WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0). 6b. Request for Determination of Applicability 13 A Street Tom Irwin Inc. Rehabilitate existing asphalt parking lot Operations manager, Ben Andrews of Tom Irwin, Inc. and engineer Bill Rodgers of Asphalt Services represented the application. Mr. Andrews explained their plans to improve the degraded asphalt at 11 and 13 A Street. H. Charles Lis noted there are a number of jurisdictional areas on this property. The proposed work is close to Vine Brook, but within a currently paved area. The runoff water is currently going directly into the stream, untreated. A gas line down the middle of the property and other site restrictions are inhibiting the applicant s ability to install a catch basin. The applicant has agreed to continue exploring the installation of a catch basin. The applicant and staff have discussed pulling pavement away from the Vine Brook. It is not feasible because it would impede the trucks ability to unload. The Conservation Commission staff requested: Removing a jersey barrier from the brook, if it is safe to do so Not leaving anything outside the building at the end of the business day Staff recommends issuing a negative Determination of Applicability.
4 H. Charles Lis reviewed the findings and conditions. A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 13 A STREET WAS MADE BY N. CELIK. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). 7. Public Hearing Notice of Intent 14 Hilltop Drive Robert and Joan Cincotta Construct new garage DEP # pending 14 Hilltop Drive resident, Robert Cincotta and engineer Douglas Miller of Goldsmith, Prest & Ringwall, Inc. represented the application. Mr. Miller explained the proposal for a new garage, which will be connected to the existing home with a shed roof. The wetlands were flagged in 2013. The 100-foot buffer to wetlands encompasses the entire property, and the 50-foot buffer to wetlands encompasses the entire proposed garage, and most of the existing dwelling. The existing dwelling is 21 feet to the wetland, and the proposed garage is 24 feet to the wetlands. Stone trenches would be installed for garage roof drainage. The Conservation Commission asked whether the garage is new construction or an addition to an existing dwelling, because the application of the 40-foot no build set back would be different, and a waiver may be required. J. Keeley has not formally reviewed the wetlands delineation. H. Charles Lis requested: A wetlands report/narrative The contact information of the company that did the delineation Numbering the wetlands flags on the plans The Conservation Commission requested: Marking the trees to be removed Staking out the location of the garage Exploring the possibility of pulling the garage away from the wetlands Investigate the bylaws and communicate with the Building department whether connecting the garage by a canopy makes this one structure Draw in the 20 foot no disturb and 40 foot no build line on the plans 8. Public Hearing Erosion and Sedimentation Control Permit Application 20 Second Ave. (Northwest Park) Nordblom Development Company Demolition of existing building & construction of new multi-family residential building with associated parking & stormwater management system
5 9. Continued Public Hearing Notice of Intent 124 Lexington Street Varsha Patel Demolish dwelling & construct new dwelling DEP #122-555 124 Lexington Street resident, Varsha Patel and contractor, Rocco Scippa of Rangeway Farms, LLC represented the application. Mr. Scippa highlighted that this is a tough site and requests a waiver of the 40 foot no build. The applicant has agreed to remove the deck and install a fence in the back yard to protect the wetlands and buffer. Staff needs to confirm the wetland delineation. H. Charles Lis reviewed the requests from the Conservation Commission meeting of June 11, 2015, as well as additional requests: Mark in the field: 40 foot setback, house corners, limit of work, and trees to be removed On the plans: mark the 40 foot setback from the wetlands, and adjust the scaling DEP data forms Proof of mailing to abutters Speak with the architect about the cost of changing the house design The Conservation Commission discussed ways of staying outside the 40 foot no build, such as tearing down the existing house prior to building the new house, reducing the size of the house, or changing the layout of the house by moving the garage forward. The applicant rebutted: Living someplace else during construction is too expensive The proposed size of the home is necessary to fit her family Changing the layout of the house is outside her price range Existence of two other easements prevents moving the house in any direction The Conservation Commission requested: Enhancing the wetlands buffer and mitigating construction by adding plantings such as highbush blueberries 10. Continued Public Hearing Notice of Intent 13 Dolores Drive Phillip Cormier Demolish dwelling & construct new dwelling DEP #122-554 Contractors Phillip and Robert Cormier of Cormier Builders represented the application. Mr. Cormier informed the Conservation Commission that the erosion controls are in, some trees have been cut but not stumped or grubbed, and soil is stable. J. Keeley reviewed the requests from the Conservation Commission meeting of June 11, 2015, and noted that those have been fulfilled. J. Keeley reviewed the findings and conditions.
6 A MOTION TO CLOSE THE HEARING FOR THE PROJECT AT 13 DOLORES DRIVE, DEP #122-554, WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (4-0-1 N. CELIK ABSTAINED). A MOTION TO APPROVE THE FINDINGS FOR THE PROJECT AT 13 DOLORES DRIVE, DEP #122-554, WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY I DEB AND APPROVED (4-0-1 N. CELIK ABSTAINED). A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR THE PROJECT AT 13 DOLORES DRIVE, DEP #122-554, WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (4-0-1 N. CELIK ABSTAINED). A MOTION TO REQUIRE A $3,500 PERFORMANCE BOND FOR THE PROJECT AT 13 DOLORES DRIVE, DEP #122-554, WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY I DEB AND APPROVED (4-0-1 N. CELIK ABSTAINED). 11. Continued Public Hearing Notice of Intent 6 Stony Brook Road Short Investment Trust, Linda Richards (Trustee) Construct new residential dwelling DEP #122-551 12. Continued Public Hearing Notice of Intent Lot 2 McSweeney Way Somerset Trust, Robert W. Murray (Trustee) Construct single-family dwelling DEP #122-550 13. Administration a. Planning Board Comments: none b. Subcommittee Reports: none c. Staff Reports & Updates Conservation Commission members: N. Celik is resigning his seat on the Conservation Commission, and his replacement is Jane Lynch, who will begin at the July 9, 2015 Conservation Commission meeting. 67 Macon Road & 0 Moline Road: H. Charles Lis updated the Conservation Commission, noting a wetlands scientist has been overseeing the wetlands restoration. Bill Manuel, wetlands scientist, has submitted a written report. The report noted: o Soil has been moved around to make it more of a natural grade on site o Brush and rocks have been redistributed o The plantings have been acquired and are being installed d. Upcoming Meeting Schedule: July 9, 2015 and August 13, 2015 e. Vote on Summer Schedule: The summer schedule was discussed and the Conservation Commission agreed to have one
7 meeting in July and one in August. f. Other Discussion: Mosquito/Tick removal services G. Lima noted the signs she has seen for Mosquito Squad, which claim to remove mosquitos and ticks from someone s property in an environmentally safe manner. She questioned whether anyone knew specifically what chemicals the firm used. Pesticides are bad for the environment, such products are likely to have impacts on surrounding properties, the efficacy of these treatments is highly questionable, and pesticide services should not be utilized near wetlands. Discussion: Saving Bees in Burlington G. Lima gave accolades to 9-year-old India Batts for her project on Honey Bees and her efforts to preserve them in Burlington. A MOTION TO CLOSE THE JUNE 25, 2015 CONSERVATION COMMISSION MEETING WAS MADE BY G. LIMA AT 8:59 PM. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). Minutes respectfully submitted by: Noelle Judd, Recording Clerk