MINUTES Ofmay 11, 2017

Conservation Commission Meeting

May 11, 2017

DRAFT

MINUTES OFMay 11, 2017

Approved **##, 2017

Members Present:Chair L. Cohen, Vice-Chair W. Boivin, E. LoTurco, K. Melanson, I. Deb, G. Lima

Members Absent:A. McNamara

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.

3. Approval of Minutes – April 27, 2017

Tabled to the next meeting.

4a. Request for Determination of Applicability – 1 Brenda Lane – Joseph Calandrelli – Remove trees & install fence

Owner Joseph Calandrelli of 1 Brenda Lane represented the application.

Mr. Calandrelli explained his request to remove 8 trees, and install a fence around the property.

J. Keeley commented:

Tree removal was administratively approved
Issue with the fill on property; staff will condition where it can be used as to not infringe on the BVW near the site

Conservation Commission discussed:

Stumps were ground
Pile of fill came from the applicant’s neighbor’s in-ground pool construction

There was no one in the audience for the project.

J. Keeley reviewed the finding and conditions.

A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 1 BRENDA LANE WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY E. LORURCO AND APPROVED (6-0-0).

4b. Request for Determination of Applicability – 18 Wing Terrace – Marie A. Grinnell – Install above-ground pool

Owners Marie and Gregory Grinnell of 18 Wing Terrace represented the application.

Mr. Grinnell explainedthe request to install an aboveground pool, and fence.

J. Keeley commented:

Pool is going on existing lawn
Between the pool and the BVW is lawn, patio and a shed
Staff has no issue

Conservation Commission discussed:

Patio is existing from the previous homeowner’s swing set

Conservation Commission requested:

Pick up the yard waste and don’t dispose of it in the BVW

There was no one in the audience for the project.

J. Keeley reviewed the finding and conditions.

A MOTION TO GRANT A WAIVER FROM THE 40-FOOT NO BUILD SET BACK FOR THE PROPOSED WORK AT 18 WING TERRACE WAS MADE BY E. LORURCO. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (6-0-0).

A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 18 WING TERRACE WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY W. BOIVIN AND APPROVED (6-0-0).

4c. Request for Determination of Applicability – 18 Hart Street – Alex C. Ferguson – Removal of trees

Owner Alex C. Ferguson of 18 Hart Street represented the application.

Mr. Ferguson explained the request to removed 5 trees and trim 1 tree.

H. Charles Lis commented:

BVW is outside the fence
Requested the piles of branches and leaves be removed from beyond the fence

Conservation Commission discussion:

The applicant would be leaving significant stumps behind
Because of the limited space, the Commission is comfortable with not replacing the trees

There was no one in the audience for the project.

H. Charles Lis reviewed the finding and conditions.

A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 18 HART STREET WAS MADE BY E. LORURCO. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (6-0-0).

4d. Request for Determination of Applicability – 48 Westwood Street – Michael & Pam Williams – Remove trees & install fence

Owner Michael and Pam Williams of 48 Westwood Street represented the application.

Mr. Williams explained the request to removed 9 trees and install a fence around the yard.

J. Keeley commented:

Resource Areas: BVW near the culvert and in back of the property
Trees being removed in the rear are near the BVW but some of those trees are a non-native species (Norway Maple)
Staff has no issue with the tree removal
Yard waste fill at the rear and vehicle tracks and vegetation removal on the bank is an issue
Recommended Conservation Commission do another site walk

Conservation Commission discussion:

Topography of the yard changing the fence line

Conservation Commission requested:

Remove the debris from the back of the property to restore that habitat

Conservation Commission granted verbal permission for the applicant to proceed with the tree cutting. J. Keeley conditioned that the tree removal truck access the yard from the right side of the home.

There was no one in the audience for the project.

This matter will continue at the May 25, 2017 Conservation Commission meeting.

4e. Continued Request for Determination of Applicability – 17 Brantwood Lane – Arthur C. Faranda – Construct residential addition and garage

Owner Arthur C. Faranda of 17 Brantwood Lane represented the application.

Mr. Faranda explained the request to construct a garage and addition to the back side of the house.

J. Keeley commented:

This is before the Zoning Board of Appeals, if this project does not pass the size of the garage will be reduced
Staff supports the position of the garage because it is furthest from the BVW

Conservation Commission had no issues.

There was no one in the audience for the project.

J. Keeley reviewed the finding and conditions.

A MOTION TO ISSUE A CONDITIONAL NEGATIVE DETERMINATION OF APPLICABILITY FOR THE PROPOSED WORK AT 17 BRANTWOOD LANE WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (6-0-0).

5. Continued 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, Chairman Kevin Sullivan of the Recreation Commission, engineer Michael Laham of Morin Cameron Group, and members of the Burlington Dog Park Committee represented this application.

Mr. Laham explained since the last meeting a site impacts letter was submitted, Park and Recreation Department will fund the native shrubs along the fence, a two inch filter course layer was added between the stone dust and crushed stone, and the O&M plan was revised.

H. Charles Lis commented that staff has no issues.

Conservation Commission requested:

Trash and recycling bins near the park

There was no one in the audience for the project.

H. Charles Lis reviewed the finding and conditions.

A MOTION TO CLOSE THE HEARING FOR THE PROJECT AT 70 MILL STREET (RAHANIS PARK), DEP #122-591, WAS MADE BY E. LORURCO. THE MOTION WAS SECOND BY I. DEB AND APPROVED (6-0-0)

A MOTION TO APPROVE THE FINDINGS FOR THE PROJECT AT 70 MILL STREET (RAHANIS PARK), DEP #122-591, WAS MADE BY W. BOIVIN. THE MOTION WAS SECONDED BY E. LORURCO AND APPROVED (5-0-1; G. LIMA ABSTAINED)

A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR THE PROJECT AT 70 MILL STREET (RAHANIS PARK), DEP #122-591, WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-1; G. LIMA ABSTAINED)

No bond was issued.

6. Public Hearing – Notice of Intent – 9-11 Ray Avenue – Robert W. Murray (Ray Estates Trust) – Construct new parking lot and reconstruct existing parking lot – DEP #pending

Phyllis Etsell of Murray Hills Inc., wetlands scientist Mary Trudeau, and engineer David Romero of Commonwealth Engineering, Inc. represented this application.

Ms. Trudeau explained:

Existing conditions of the property are that a large portion is entirely paved and water sheet flows off site and the rear portion is vegetated
Resource areas include: perennial stream (Little Brook) with BVW
Post construction will include a change in pavement, additional green space, new drainage structures, and curbing
The improvements to the resource areas would be the reduction in impervious area

Mr. Romero explained:

This is one site, but will be treated as both new construction and reconstruction
He noted the catch basin and infiltration units proposed on site

J. Keeley commented:

Staff has not reviewed the delineation
Source of the corrugated pipe is unknown
Stormwater structures are designed for the 100-year storm

Conservation Commission discussed:

Drainage ditch behind the building

Conservation Commission requested:

Investigate the source of corrugated pipe by doing a dye test
Adding more spot elevations to the plan to ensure drainage structures work as they should
Planting plan
Identify snow storage location

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

Conservation Commission requested staff reach out to the shopping plaza behind this site about cleaning up the trash and carriages.

7. Public Hearing – Notice of Intent – 10 Sunnyside Avenue – Anthony Salamone – Demolish existing dwelling & construct new residential dwelling – DEP #pending

Attorney James Juliano of Scafidi Juliano, LLP and owner Anthony Salamone, III of 10 Sunnyside Avenue represented the application.

Mr. Juliano explained the request to construct a new single family home. The grades at the rear of the property near the BVW will remain the same. Shed and aboveground pool will also be removed, retaining walls will be constructed, and deck will be covered. Roof runoff will be captured, and test pits have not been done yet.

H. Charles Lis commented:

Resource areas: stream with a fringe of BVW at the back of the property
Request 3 trees proposed to be removed within the 100-foot buffer should be replaced
Request debris at the back of the property should be removed
Request the documentation from the wetland scientist, and driveway grading and runoff mitigation

Conservation Commission requested:

Marking the trees to be removed, and replacing them
Fence along the 20-foot no disturb with no gate
Use hand held borings to figure out the groundwater

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

8. Public Hearing – Notice of Intent – 341 Cambridge Street – Gary Litchfield (Richfield Company LLC) – Demolish existing dwelling & construct new residential dwelling – DEP #pending

Attorney James Juliano of Scafidi Juliano, LLP and developer Gary Litchfield of Litchfield Company, Inc. represented the application.

Mr. Juliano explained that the wetlands consultant Leah Basbanes, of Basbanes Wetland Consulting,could not flag the BVW because they are on the abutting property. The shed is not on this property, and he does not know who it belongs to. Driveway is completely out of the resource area and infiltration trenches will be installed for runoff.

J. Keeley commented:

Staff has not reviewed the resource areas
Staff has no issues
Request erosion controls across the front of the site

Conservation Commission discussed:

Drip edge for rooftop runoff
Possible encroachment by existing owner beyond the fence line and potential solutions in the future such as fencing

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

G. Lima left the meeting at 9:00pm.

9. Public Hearing – Erosion & Sedimentation Control Permit – 50 Margaret Street – Speedwagon Partners – Demolish existing dwelling & construct new residential dwelling

Engineer Fred Russellrepresented the application.

H. Charles Lis noted:

Significant demolition work and land disturbance occurred prior to submission of an application or the issuance of the permit

Conservation Commission discussed:

Issuing a cease and desist order until the erosion controls are installed and inspected by staff, then work can continue
W. Boivin does not approve of allowing work to continue after erosion controls are in place, because this a developer that should have known better and was informed of requirements prior to beginning work
Explore making this a finable offense

A MOTION TO ISSUE A CEASE AND DESISTFOR THE PROJECT AT 50 MARGARET STREET WAS MADE BY E. LORURCO. THE MOTION WAS SECONDED BYK. MELANSON AND APPROVED (4-1-0; W. BOIVIN OPPOSED).

Mr. Russell will text/call the applicant about the cease and desist order.

H. Charles Lis commented:

Erosion controls as proposed would be adequate, with more erosion controls near the stockpile area
Stormwater design is for the 100-year storm
Handling of the driveway runoff is unclear
Request an EPA NPDES filing because land disturbance is over 1 acre

Conservation Commission requested:

12 inch silt sock at a minimum

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

10. Public Hearing – Erosion & Sedimentation Control Permit – 10 Whitney Street – S.J. Peacock – Demolish existing dwelling & construct new residential dwelling

Contractor Scott Peacock of S. J. Peacock Builders represented the application.

Mr. Peacock explained work began when he received the Building permit, so he doesn’t have the erosion control permit for the home construction. He triggered the erosion control permit when he requested building a barn behind the home.

H. Charles Lis commented:

This is a violation and the applicant has had similar issues with other projects.
The construction site is currently in good condition overall
Requested wattles across the front of the site

Mr. Peacock prefers stone pad over the wattles because the wattles get destroyed with the construction vehicles driving over them and plows in the winter. Conservation Commission verbally approved the use of stone.

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

11. Continued Public Hearing – Notice of Intent – 22 Corcoran Road – Henry Turnquist – Grading & residential addition – DEP #122-581

Owner Henry Turnquistof 22 Corcoran Road and his son-in-law represented the application.

J. Keeley commented:

Norse Environmental report concluded the flags are accurate, and recommended a slope of 2:1 and using seeds and boulders for stabilization starting 5 feet from the flags

Conservation Commission had no comments.

Mr. Turnquist requested installing a chain-linked fence at the top of the slope.

There was no one in the audience for the project.

This hearing will continue at the May 25, 2017 Conservation Commission meeting.

12. Administration

a. Planning Board Comments: None

b. Subcommittee & Staff Reports:

Master Plan Open Space and Natural Resources section was distributed to the Conservation Commission and staff. Comments will be submitted to the Master Plan Steering Committee for review.

c. Upcoming Meeting Schedule:May 25, 2017 & June 8, 2017

d. Other Business:

Town Meeting approved the Conservation Commission capital budget request for hiring a consultant to revise the Open Space and Recreation Plan. Bidding will begin this summer.

A MOTION TO CLOSE THE MAY 11, 2017 CONSERVATION COMMISSION MEETING WAS MADE BY W. BOIVIN AT 10:03 PM. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0).

Minutes respectfully submitted by:

Noelle Judd, Recording Clerk

25 Center Street  Burlington, Massachusetts 01803  Tel (781) 270-1600  Fax (781) 238-4667

