|February 13th, 2008|
Minutes for Regular Meeting
Feb. 13, 2008
ATTENDANCE: Chairman JoAnne Giovino, board member Betsy Gallagher, board member Jim Miller, board member Diane DePaso, Acting Director Markus Pinney, staff member Janine Depper-Nash.
CTO: 7:08 p.m.
I. 7:08 p.m. - REQUEST FOR PERMIT EXTENSION – Bradford Glen, Inc. – Andover Road – DEP File No. 109-0815
Attorney Steve Lentine appeared before the Board. Chairman JoAnne Giovino provided brief background and restated the condition of approval for a one-year extension permit. Attorney Lentine noted he had relayed a few comments to staff and that they had been incorporated. He voiced agreement with the conditioned approval for the extension.
MOTION: TO grant a conditional one year extension. M/S/C: Diane/Betsy
II. 7:11 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS CONTINUANCE HEARING– Phillip & Sheryl Poor – 11 Allen Road- DEP File No. 109-1055/BBL-1055
Engineer Matt Hamor, Polaris Engineering and Attorney Pamela Brown appeared representing the Applicant. Attorney Brown stated they had met with the Planning Board (PB) on Monday night. Attorney Brown indicated the PB was inclined to require the cul-de-sac to be paved. Since the last hearing revised plans were submitted to the Conservation Commission and to the Planning Board. Engineer Matt Hamor provided an overview of plan changes.
Consultant Jeff Stearns of Woodard & Curran went over comments in his February 5, 2008 letter. A new concern has been raised about existing flooding conditions on Allen Road. He’d recommended soil tests in the location of proposed detention basins and stated Matt Hamor needs to submit TSS rates.
Topics of discussion included: retaining walls, a visual (planted) barrier, and, the O& M plan (needs updating). Additionally, Commissioners requested that designated snow storage areas be shown on the plan. Commission requested staff to find out other town departments policy on cul-de-sacs, including the Fire Department. Commissioners stated interest to include deed restrictions on each lot governing future use of land within the 50 NAZ, and, the requiring the Homeowners Association to perform annual inspections and reports on the 50 NAZ to insure no encroachment occurs.
Abutters (Romolo Capobianco, 29 Andover Rd. and Paul Newman) voiced their concern about water and with the snow storage area.
The Acting Director agreed to speak with the Director of Planning and to submit a letter to the PB about Commission concerns.
MOTION: TO continue this hearing to March 26 with the permission of the applicant. M/S/C: Diane/Betsy
III. 8:10 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS CONTINUANCE HEARING – Allan Arakelian – 84 & 90 Rangeway Road – DEP File No. 109-1038/Billerica File No. BBL-1038
Engineer Steve Eriksen of Norse Environmental appeared before the Board on behalf of the Applicant. Members had reviewed a
A draft Order of Conditions had been reviewed by the Members.
MOTION: TO close this Hearing and to sign and issue an Order of Conditions within 21 days. M/S/C: Diane/Betsy
IV. 8:11 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS CONTINUANCE HEARING – Jim Woodside – 60 Forest Park Avenue – DEP File No. 109-1063/Billerica File No. BBL-1063
Engineer Mac McDowell of Noonan and McDowell appeared representing the applicant. He stated all changes previously discussed had been made and submitted.
A draft Order of Conditions had been reviewed by the members. A member raised a question about conditions for buffer plantings along the intermittent stream. It was noted the standard conditions include this condition.
MOTION: TO grant the Variance to the 25’ setback as per Section 3.03 of the By-Law with the mitigation measures that had been discussed previously. M/S/C: Diane/Jim
MOTION: TO close the hearing and sign and issue an Order of Conditions within 21 days. M/S/C: Diane/Jim
MOTION: TO sign a Certificate of Compliance on the previous filing of Mr. Woodside and issue it within 21 days. M/S/C: Diane/Betsy
V. 8:16 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING– Howard Allgaier – Cedarwood Road – DEP File No. 109-1066/Billerica File No. BBL-1066
Engineer Joel Williams of Dresser, Williams & Way appeared representing the Applicant, Howard Allgaier. They are planning on building a 20’x40’ house on a vacant lot with utilities and associated grading. A minor portion of proposed work falls under the 50’ No Disturb Zone. Engineer Williams has submitted a variance request with mitigation, including: a drywell, planting of shrubs and using pervious pavers for the driveway.
Members felt the wetland boundary should be reviewed including review of hydric soils. Markus Pinney is to review the boundary with the wetland scientist.
Additionally, although jurisdiction under the NOI filing does not extend to the street right-of-way, members asked Mr. Pinney to investigate procedural matters so that stormwater concerns could be addressed with respect to proposed paving within the Cedarwood right-of-way.
MOTION: TO continue this hearing to the meeting of March 26th with the permission of the Applicant. M/S/C: Diane/Jim
VI. 8:36 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW REQUEST FOR A DETERMINATION OF APPLICABILITY HEARING – Billerica DPW – Letchworth Ave.
A letter requesting a continuance had been submitted.
MOTION: TO continue this hearing to the meeting of February 27th, at the request of the Applicant. M/S/C: Diane/Betsy
VII. 8:40 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION HEARING – Eric Gardner, Sunrise Development Inc. – Andover Road – DEP File No. 109-1065/Billerica File No. BBL-1065
Wetland Scientist Bill Manuel appeared before the Board representing the Applicant. They have a peer review letter on file. The area was flagged many years ago and when he did a site walk he found the boundary was relatively the same. They walked the site in June and did the flagging in October.
Romolo Capobianco who was in the audience mentioned he believed he owned this land. Attorney Steve Lentine provided a copy of the deed.
MOTION: TO accept this line as delineated on the plan. M/S/C: Diane/Jim
Diane DePaso rescinded the motion.
A member of the audience asked for clarification of this hearing which Chairman JoAnne Giovino provided.
MOTION: TO accept this line as delineated on the plan. M/S/C: Diane/Jim
VIII. 8:55 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING – Douglas Fainelli – 1400 Technology Park Drive – DEP File No. 109-
DEP has not yet issued a file number. Chairman JoAnne Giovino suggested the hearing be opened and that the Applicant provide brief overview of the project, and, that the Hearing then be continued to a meeting following receipt of a DEP file number.
MOTION: TO continue this hearing to the meeting following receipt of a file number. M/S/C: Diane/Jim
Michael Holland, Symmes Maini & McKee Associate, Inc. appeared before the Board representing the Applicant. He explained the project stating they are proposing to develop the last lot at 1400 Technology Park Drive, build a 94,000 square foot office building with a parking lot that would hold 313 parking spaces and associated site features.
IX. ADMINISTRATIVE MATTERS/DIRECTOR’S REPORT
Board members stated they appreciated the reports from Markus Pinney.
Jim Miller requested clarification on the wording on the extension which Markus provided.
MOTION: TO deny Mass Highway. M/S/C: Diane/Jim
The denial order will be signed and issued within 21 days.
Acting Director Markus Pinney gave a brief update on the office and advised the Members of the length of time files had to be kept and the documents that had to be kept.
MOTION: TO sign and issue the Order of Conditions for DEP File No.109-1062, Dynamic Flowform. M/S/C: Diane/Betsy
MOTION: TO sign and issue the Order of Conditions for DEP File No.109-1061, Dynamic Flowform. M/S/C: Diane/Jim
MOTION: TO authorize the Chairman to sign a letter lifting the enforcement order for Allan Arakelian, DEP File No. 109-1038/BBL-1038. M/S/C: Diane/Jim
MOTION: TO accept the minutes of January 23, 2008. M/S/C: Diane/Jim
X. NEW BUSINESS
MOTION: TO create a subcommittee for the ByLaw. M/S/C: Diane/Betsy. JoAnne Giovino and Jim Miller were nominated.
Markus Pinney will check with Town Accountant Paul Watson as to the balance in the land bank account.
XI. 10:08 p.m.MOTION: TO ADJOURN. M/S/C: Diane/Jim
Janine Depper-Nash, Markus Pinney