2
Conservation Commission Meeting
April 27, 2017
DRAFT
MINUTES OF April 27, 2017
Approved ** ##, 2017
Members Present: Chair L. Cohen, Vice-Chair W. Boivin, E. LoTurco, K. Melanson, I. Deb
Members Absent: A. McNamara, G. Lima
Also Present: Conservation Administrator J. Keeley, Assistant Conservation Administrator H. Charles Lis
1. Call to Order
L. Cohen called the meeting to order at 7:00 pm.
2. Citizens’ Time
No one spoke.
3a. Approval of Minutes – March 23, 2017
A MOTION TO APPROVE THE MINUTES FROM THE MARCH 23, 2017 CONSERVATION COMMISSION MEETING WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (4-0-1; K. MELANSON ABSTAINED).
3b. Approval of Minutes – April 13, 2017
A MOTION TO APPROVE THE MINUTES FROM THE APRIL 13, 2017 CONSERVATION COMMISSION MEETING WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY E. LOTURCO AND APPROVED (5-0-0).
4a. Continued Request for Determination of Applicability – 17 Brantwood Lane – Arthur C. Faranda – Construct residential addition and garage
No testimony was taken on this matter.
This matter will continue at the May 11, 2017 Conservation Commission meeting.
4b. Request for Determination of Applicability – 208 Fox Hill Road – Philip J. Abramo – Filling, grading, landscaping
No one represented the application.
J. Keeley commented that grading appears to have occurred within the 20-foot no disturb. It extends beyond a fence, and that area was stabilized with seeding. There are no issues.
There was no one in the audience for the project.
J. Keeley reviewed the findings and conditions.
A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 208 FOX HILL ROAD WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0).
5. Request for Minor Engineering Change – 16 St. Mary Road – Install underground propane tank – DEP #122-578
Contractor Scott Peacock of S. J. Peacock Builders, Inc. represented this application.
J. Keeley commented the Order of Conditions did not show a propane tank, and it was installed without notification near the wetlands. This item was not minor enough to be administratively approved but does not rise to the level of an amendment. Staff has no issues.
Conservation Commission discussed:
· The propane tank and vault specifications
· There is nothing above ground; concluded it would not be considered a structure
· Dewatering did occur, and it was pumped behind the hay bales
There was no one in the audience for the project.
A MOTION TO APPROVE THE MINOR ENGINEERING CHANGE FOR 16 ST. MARY ROAD, DEP #122-578, WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
6. Public Hearing – Notice of Intent – 70 Mill Street (Rahanis Park) – Town of Burlington Recreation Department – Construct dog park – DEP #122-591
Parks and Recreation Director Brendan Egan, Vice Chairman Kevin Sullivan of the Recreation Commission, engineer Michael Laham of Morin Cameron Group, and members of the Burlington Dog Park Committee represented the application.
Parks and Recreation Director Egan explained the purpose of the proposal is to create a public dog park at Rahanis Park. The Stanton Foundation and fundraising by the Dog Park Committee will pay for this project.
Mr. Laham presented the plans:
· Noting the resource areas: Sawmill Brook, perennial stream, and BVW
· This project falls within the riverfront area and buffer zone to BVW
· A constraint on the project is the sewer main
· No official soil testing was done, but based on site observations this is a poorly draining site
· Mitigation for the work in riverfront area and intrusion in the 20-foot no disturb areas are planting native plants and seed mixes near the brook
· There will be no increase in impervious area, because peastone, stone dust, crushed stone, and artificial turf will be used for ground surface materials
H. Charles Lis commented:
· BVW delineation has not been reviewed by staff
· The project is within riverfront area on both sides of this project, which impacts the numbers and calculation slightly, but the requirement to be under 10% riverfront area disturbance will still be met. The riverfront on the southern side is locally regulated and is from an unnamed tributary to Sawmill.
· Improvements to the resource areas are occurring on both sides of the project
· Staff is aware of the sewer easement and Eversource accessing power lines, so mowing will occur, but recommends that area be left un-mowed if access isn’t needed or mowed very infrequently
· Requested the stormwater checklist calculations or clarification of why not submitted
· Clarification on the permeability of the various ground surface materials
· Staff needs additional details on the long term O&M Plan
o Including the snow handling
· Request research on the potentials impacts of dog urine on the resource areas if known
Conservation Commission discussed:
· Vehicles going into the Dog Park could include large pickup trucks, and large area mowers
· Stone pathways are not expected to show wheel tracks because they will be heavily compacted
· If the seed mix area was damaged by Eversource or vehicles accessing the sewer easement, the Parks and Recreation Department would leave it to revegetate
· Dog Park would be utilized in the winter; the pathways may be plowed similar to the other parks in Burlington, but the Dog Park would not be plowed
· The project is not expected to negatively impact the parking ratios for the park
· Dog waste pick up plastic bags flying into the brook
· Tree removal will not occur as part of this project
· Dog Park maintenance is performed by the Town of Burlington Parks and Recreation Department park maintenance crew
· Stone dust washing out into the brook
· Stone dust filling the gaps in the stone preventing infiltration
· Chemicals will not be used in this area
· Likelihood of frost heaving occurring
Conservation Commission requested:
· Request to waive requirement for stormwater calculations to be submitted and reviewed by staff
There was no one in the audience for the project.
This matter will continue at the May 11, 2017 Conservation Commission meeting.
Other comments made by the Conservation Commission in regards to Rahanis Park:
· Curbing repair for the parking lot needs to be done
7. Continued Public Hearing – Erosion & Sedimentation Control Permit – 16R Briarwood Lane – Pandolfo Company, Inc. – Construct new residential dwelling
No one represented the application.
H. Charles Lis noted all concerns raised at the last meeting were addressed.
There was no one in the audience for the project.
H. Charles Lis reviewed the finding and conditions
A MOTION TO ISSUE THE EROSION & SEDIMENTATION CONTROL PERMIT FOR THE PROJECT AT 16R BRIARWOOD LANE WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
A MOTION TO REQUIRE A $3,500 PERFORMANCE BOND FOR THE PROJECT AT 16R BRIARWOOD LANE, WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0).
8. Public Hearing – Notice of Intent – 28 Francis Wyman Road Lot 1 – Richfield Company LLC – Construct new residential dwelling – DEP #122-590
9. Public Hearing – Notice of Intent – 28 Francis Wyman Road Lot 2 – Richfield Company LLC – Construct new residential dwelling – DEP #122-589
10. Public Hearing – Notice of Intent – 28 Francis Wyman Road Lot 3 – Richfield Company LLC – Construct new residential dwelling – DEP #122-588
Items 8, 9, and 10 were taken together for discussion purposes.
Developer Gary Litchfield of Litchfield Company, Inc. represented the application.
J. Keeley commented:
· Prior to issuing the Order of Conditions the lots numbers need to be updated
· On the ANR plan, Planning Director Kristin Kassner noted the Planning Board believes these are not buildable lots
o The Building Inspector has not weighed in yet
· Need a total of the riverfront alteration on lot 3
There was no one in the audience for the project.
J. Keeley reviewed the findings and conditions.
Staff requested going forward the Conservation Commission accept only cash/check bonds for residential projects.
Lot 1:
A MOTION TO CLOSE THE HEARING FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 1, DEP #122-590 WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
A MOTION TO APPROVE THE FINDINGS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 1, DEP #122-590 WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 1, DEP #122-590 WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
A MOTION TO REQUIRE A $2,500 PERFORMANCE BOND FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 1, DEP #122-590 WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
Lot 2:
A MOTION TO CLOSE THE HEARING FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 2, DEP #122-589 WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY E. LOTURCO AND APPROVED (5-0-0).
A MOTION TO APPROVE THE FINDINGS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 2, DEP #122-589 WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY E. LOTURCO AND APPROVED (5-0-0).
A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 2, DEP #122-589 WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
A MOTION TO REQUIRE A $3,500 PERFORMANCE BOND FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 2, DEP #122-589 WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
Lot 3:
A MOTION TO CLOSE THE HEARING FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 3, DEP #122-588 WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
A MOTION TO APPROVE THE FINDINGS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 3, DEP #122-588 WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 3, DEP #122-588 WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY E. LOTURCO AND APPROVED (5-0-0).
A MOTION TO REQUIRE A $3,500 PERFORMANCE BOND FOR THE PROJECT AT 28 FRANCIS WYMAN ROAD LOT 3, DEP #122-588 WAS MADE BY E. LOTURCO. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
11. Continued Public Hearing – Notice of Intent – 22 Corcoran Road – Henry Turnquist – Grading & residential addition – DEP #122-581
No testimony was taken on this matter.
This matter will continue at the May 11, 2017 Conservation Commission meeting.
12. Administration
a. Reorganization (Election of Officers)
A MOTION TO RE-APPOINT LARRY COHEN TO THE POSITION OF CHAIRMAN WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).
A MOTION TO RE-APPOINT WILLIAM BOIVIN TO THE POSITION OF VICE CHAIRMAN WAS MADE BY L. COHEN. THE MOTION WAS SECONDED BY E. LOTURCO AND APPROVED (5-0-0).
b. Planning Board Comments: None
c. Subcommittee & Staff Reports:
· Next Master Plan Steering Committee is Tuesday, May 9 at 7:30am
· Town Meeting - May 8: Conservation Commission has a capital budget request for Open Space and Recreation Master Plan funding
· Conservation Department has received many applications for the temporary position of Conservation Assistant, and J. Keeley will begin interviews soon.
d. Upcoming Meeting Schedule: May 11, 2017 & May 25, 2017
e. Other Business:
· Former Building 19 ½ site
Stone berm near the lowest grade drain should be inspected to ensure sedimentation/rocks are not falling into the structure
· 86 Mill Street (lot beside Rahanis Park)
Debris in their backyard extends to the brook, and could be a possible violation
· Parking at the High School by the field near the wetlands
Staff has not investigated this yet.
A MOTION TO CLOSE THE APRIL 27, 2017 CONSERVATION COMMISSION MEETING WAS MADE BY I. DEB AT 8:55 PM. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (5-0-0).
Minutes respectfully submitted by:
Noelle Judd, Recording Clerk
25 Center Street l Burlington, Massachusetts 01803 l Tel (781) 270-1600 l Fax (781) 238-4667
www.burlington.org l