MINUTES OF November 13, 2014 Approved December 11, Chair L. Cohen, Vice-Chair G. Lima, A. McNamara, I. Deb, K. Melanson

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1 Town of Burlington 29 Center Street Phone Burlington, MA Fax Burlington Conservation Commission MINUTES OF November 13, 2014 Approved December 11, 2014 Members Present: Members Absent: Also Present: Chair L. Cohen, Vice-Chair G. Lima, A. McNamara, I. Deb, K. Melanson W. Boivin, N. Celik Conservation Administrator J. Keeley 1. Call to Order L. Cohen called the meeting to order at 7:05 pm. 2. Citizens Time There was no one present for Citizens Time. 3. Approval of Minutes October 23, 2014 A MOTION TO APPROVE THE MINUTES FROM THE OCTOBER 23, 2014 CONSERVATION COMMISSION MEETING WAS MADE BY A. MCNAMARA. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (3-0-2 I. DEB AND K. MELANSON ABSTAIN). 4a. Request for Certificate of Compliance Re-issue: Wildwood Acres Coleman Law Office DEP # There was no one present for this item. J. Keeley explained there was issued a certificate of compliance in 1980 that was not recorded, and this needs to be reissued. A MOTION TO RE-ISSUE A CERTIFICATE OF COMPLIANCE WAS MADE BY G. LIMA. THE MOTION WAS 4b. Request for Certificate of Compliance Weston & Sampson DEP # There was no one present for this item. J. Keeley explained this request is for the Butterfield Pond dam repair by the Town of Lexington, and he recommends issuing. A MOTION TO ISSUE A CERTIFICATE OF COMPLIANCE FOR THE DAM PROJECT WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). 4c. Request for Certificate of Compliance 5 Locust Street Land Engineering & Environmental Services, Inc. DEP #

2 The builder Richard Annese of Richard Annese Construction represented this item. This was a tear down and rebuild, within the buffer to wetlands. J. Keeley recommends issuing. A MOTION TO ISSUE A CERTIFICATE OF COMPLIANCE FOR THE PROJECT AT 5 LOCUST STREET WAS MADE BY A. MCNAMARA. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). A MOTION TO RELEASE THE FULL AMOUNT OF THE $3500 PERFORMANCE BOND FOR THE PROJECT AT 5 LOCUST STREET WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0) 4d. Request for Certificate of Compliance 1 Marion Road Salah Uddin Chowdhury DEP # The owner of 1 Marion Road, Salah Uddin Chowdhury, represented this item. This is for the construction of a garage. J. Keeley noted the change, which was vegetative boundary rather than fence along the rear of the property, and he recommends issuing. A MOTION TO ISSUE A CERTIFICATE OF COMPLIANCE FOR THE PROJECT AT 1 MARION ROAD WAS MADE BY G. LIMA. THE MOTION WAS A MOTION TO RELEASE THE FULL AMOUNT OF THE $1000 PERFORMANCE BOND FOR THE PROJECT AT 5 LOCUST STREET WAS MADE BY A. MCNAMARA. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). 4e. Request for Certificate of Compliance 7 Maryvale Road Chaffee Carpentry, Inc. DEP # The builder Brad Chaffee of Chaffee Carpentry, Inc. represented this item. This was a tear down, and rebuild within the wetlands buffer. J. Keeley recommends issuing. A MOTION TO ISSUE A CERTIFICATE OF COMPLIANCE FOR THE PROJECT AT 7 MARYVALE ROAD WAS MADE BY K. MELANSON. THE MOTION WAS A MOTION TO RELEASE THE FULL AMOUNT OF THE $1500 PERFORMANCE BOND FOR THE PROJECT AT 7 MARYVALE ROAD WAS MADE BY I. DEB. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). 5a. Request for Determination of Applicability 46 Terrace Hall Avenue Town of Burlington DPW Replace water line There was no one present for this item. J. Keeley spoke about the DEP wetland regulation changes and that this type of project is now exempt if totally within paved areas. This was filed before the regulation changes, but he recommends allowing the exemptions. He believes that it is also exempt under the Bylaw, with proper erosion controls used. 2 P a g e

3 J. Keeley explained there is a combination of hay bales and straw wattles installed for the project. A MOTION TO ISSUE A NEGATIVE DETERMINATION FOR THE PROJECT AT 46 TERRACE HALL AVENUE WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). 5b. Request for Determination of Applicability Hilltop Drive Town of Burlington DPW Replace water line There was no one present for this item. They are not ready to start construction on this project. J. Keeley recommends allowing the same exemptions noted for 46 Terrace Hall Avenue. A MOTION TO ISSUE A NEGATIVE DETERMINATION FOR THE PROJECT AT HILLTOP DRIVE WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). A MOTION TO TAKE ITEMS 6 AND 7 OUT OF ORDER WAS MADE BY G. LIMA. THE MOTION WAS 6. Continued Public Hearing Notice of Intent 63 Third Avenue Nordblom Development Company Commercial renovation/redevelopment DEP# Engineers Katie Moniz and Frank DiPietro of the BSC group represented this item. Drainage was discussed, and it is very difficult to put in additional storm water structures. J. Keeley went through the findings and conditions for the project. He recommends issuing. A MOTION TO CLOSE THE HEARING FOR DEP# WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0). A MOTION TO APPROVE THE FINDINGS FOR DEP# WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR DEP# WAS MADE BY A. MCNAMARA. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (4-0-1 I. DEB ABSTAINED) A MOTION TO REQUIRE A $15,000 PERFORMANCE BOND FOR DEP# WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY A. MCNAMARA AND APPROVED (4-0-1 I. DEB ABSTAINED). 7. Continued Public Hearing Erosion & Sedimentation Control Permit Application 400 & 600 Wheeler Road The Gutierrez Company Construction of two office buildings with associated parking & storm water management system Managing Director of Commercial Development Scott Weiss of the Gutierrez Company, and engineer 3 P a g e

4 Michael Holland of Symmes Maini & McKee Associates, Inc. represented this item. J. Keeley went through the findings and conditions for the project. A MOTION TO CLOSE THE HEARING WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY A. MCNAMARA AND APPROVED (5-0-0). A MOTION TO ISSUE THE EROSION & SEDIMENTATION CONTROL PERMIT FOR THE PROJECT AT WHEELER ROAD WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY A. MCNAMARA AND APPROVED (4-0-1 I. DEB ABSTAINED). A MOTION TO REQUIRE A $15,000 PERFORMANCE BOND FOR WHEELER ROAD WAS MADE BY K. MELANSON. THE MOTION WAS SECONDED BY A. MCNAMARA AND APPROVED (4-0-1 I. DEB ABSTAINED). 5c. Request for Determination of Applicability 17 & 19 County Road DeLuca Builders, LLC Confirm absence of wetlands resource areas Attorney Mark Vaughan of Riemer & Braunstein, LLP; owner Nick Deluca of Deluca Builders, LLC; and wetland scientist Scott Smyers of Oxbow Associates represented this item. J. Keeley recommends issuing a negative determination because these properties do not contain wetlands. L. Cohen explained for the public how wetlands are delineated, and the Conservation Commission s role in the process. Residents who have standing water on their property, flooding, and/or cellars with ground water coming up were: Joanne Kinchla, 8 Arnold Terrace and member of the Land Use Committee Jackie/Steve Tauro, 6 Arnold Terrace Jon Larson, 25 County Road Bud Larson, 23 County Road Sabu Varghese, 13 Putnam Road James Hart, 20 Saint Marys Road Ann Steeves/Larry Gelberg, 15 Mary Road Mark/Carolyn Burke, 1 Arnold Terrace Ratilal/Rekhaben Patel, 5 Arnold Terrace Patricia Angelo, 2 Austin Street, TMM precinct 5 Other residents that have concerns about these issues were: Joe Parrillo, 2 Arnold Terrace Chairman of the Planning Board Jack Kelly David Webb, 23 Eugene Road, TMM precinct 7 J. Keeley went through the findings for the Determination. 4 P a g e

5 A MOTION TO ISSUE A NEGATIVE DETERMINATION FOR CONFIRMING THE ABSENCE OF WETLANDS WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0). 8. Continued Public Hearing Notice of Intent Burlington Mall Road (roadway) NEEP Investors Holdings, LLC c/o National Development Roadway reconfiguration- DEP# There was no one present for this item. J. Keeley recommends issuing. J. Keeley went through the findings and conditions for the project. A MOTION TO CLOSE THE HEARING FOR DEP# WAS MADE BY A. MCNAMARA. THE MOTION WAS SECONDED BY G. LIMA AND APPROVED (5-0-0). A MOTION TO APPROVE THE FINDINGS FOR DEP# WAS MADE BY G. LIMA. THE MOTION WAS A MOTION TO ISSUE THE ORDER OF CONDITIONS FOR DEP# WAS MADE BY G. LIMA. THE MOTION WAS SECONDED BY K. MELANSON AND APPROVED (5-0-0) A MOTION TO REQUIRE A $15,000 PERFORMANCE BOND FOR DEP# WAS MADE BY K. MELANSON. THE MOTION WAS 9. Administration a. Planning Board Comments: No additional comments. J. Keeley and L. Cohen will attend the next Planning Board meeting on County Road/Arnold Terrace. b. Upcoming Meeting Schedule: December 11, 2014, and January 8, 2015 c. Other: J. Keeley is in the process of reviewing applicants for the position of Assistant Conservation Administrator. A MOTION TO CLOSE THE NOVEMBER 13, 2014 CONSERVATION COMMISSION MEETING WAS MADE BY G. LIMA AT 9:03 PM. THE MOTION WAS SECONDED BY I. DEB AND APPROVED (5-0-0). Minutes respectfully submitted by: Noelle Judd, Recording Clerk 5 P a g e