Minutes for Regular Meeting

June 25, 2008

ATTENDANCE:  JoAnne Giovino, Chairperson; Jon Metivier, Paul Hayes, Betsy Gallagher, Diane DePaso, Jim Miller - Members; and, Markus Pinney, Conservation Director, and, Janine Depper-Nash, senior Clerk.

Call to Order:  7:10 p.m.

I.                   7:10 p.m. - Public Hearing: Amendments to the Billerica Wetlands Protection Regulations

Chairman JoAnne Giovino opened the proceedings and announced that written or oral comments would be welcome.  Response from the Commission would be provided after all comments had been received. 

Jim Miller went over the proposed changes to the regulations.  Members of the audience thanked Jim Miller for clarifying each change. 

Members of the audience, Jeanne Landers, Pauline Brown, Patrick Kopson, Betsy Clark, Mary Ellen Ramsden, all felt additional clarification was necessary for razed buildings.  Julia Murphy spoke in favor of the changes.  A question was asked if the proposed regulation changes would affect the Notice of Intent submitted for the power plant.  It was answered that determination had not been made.  Mac McDowell of Noonan and McDowell felt the Green Engineering Map was outdated and John Noonan of Noonan and McDowell felt the description of the No Alteration Zone was unclear. 

Board members discussed the comments put forward by the audience.  It was agreed to insert “NAZ” (A & B 3.03) after ‘naturally occurring vegetation’.

MOTION:  to adopt revisions as modified.  Moved by Jim, seconded by Diane.  Carried.  All in favor.

II.                8:15 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING

NOTICE OF INTENT

Todd Aaron, Sentinel Properties – 55 Middlesex Turnpike – DEP File No. 109-1075/Billerica File No. BBL-1075

Melissa Coady, Tighe & Bond, Inc. was in attendance representing the applicant.  She explained the project is to address the infiltration basins that are no longer functioning on the property.   There are two basin locations: one inside the buffer zone and one beyond the buffer zone. 

Commission members had no questions about the project. 

Peer reviewer Brian Dunn of Woodard & Curran, Inc. advised the Commission to issue an Order of Conditions based on his report.  Markus Pinney recommended the hearing remain open while waiting for comments from DEP.  The Commission requested an Order of Conditions be prepared for the next meeting. 

MOTION:  TO continue this hearing to the meeting of July 16^th, 2008 with the permission of the Applicant.  Moved by Diane, seconded by Jim.  Carried.  All in favor.

III.             8:20 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW HEARING
NOTICE OF INTENT
Continued Public Hearing  – Douglas Fainelli 1400 Technology Park Drive DEP File No. 109-1067/BBL-1067

Michael Holland of Symmes Maini & McKee Associates, Inc. appeared representing the applicant.  Commission Members reviewed the peer review comment letter. Mr. Holland noted their hearing with the Planning Board has been closed.  The outstanding comment from the peer review was the stormwater pollution prevention plan.  He suggested a condition be included in the Order of Conditions similar to the one that was accepted by the Planning Board.  This condition would allow for the stormwater pollution prevention plan to be submitted to the Conservation Commission for review and approval prior to it being submitted to the EPA. 

MOTION:  THAT this hearing be closed and that an Order of Conditions be issued by the end of the business day, July 18^th, with the permission of the applicant.  Moved by Diane, seconded by Betsy.  Carried.  All in favor.

 

IV.              8:30 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW HEARING
NOTICE OF INTENT
Billerica Public Works - Off George Brown Street
DEP File No. 109-1070/BBL-1070

Dave Daltorio and Justin deMello of Woodard & Curran, Inc., and Phil Paradis of BETA Group were in attendance.  Dave Daltorio described the project which is an upgrade to the Shawsheen River (George Brown) Wastewater Pump Station.  They will install an odor control system and keep a majority of the work out of the 25’ NAZ.

Discussion included the need for a variance and mitigation plans.

MOTION:  TO continue this hearing to the meeting of August 13^th, 2008 and have a draft Order of Conditions ready at that time.

V.                 ADMINISTRATIVE MATTERS/DIRECTOR’S REPORT

-         Mark Crosbie of Rosewood Avenue appeared before the Board.  He is being required by the BOH to abandon his failed septic system and tie into the municipal sewer.  He stated that he felt the costs of doing the plans and RDA application were excessive given his particular circumstances.  Commissioners discussed the project and voted to allow Mr. Crosbie to proceed based on a letter approval to be prepared by Director Markus Pinney. He will draft a letter outlining the Commission’s request for documentation which will include a contingency plan, conditions for the construction, and inspection by staff with the contractor prior to the work beginning.

-         John Ripa requested an extension of an Order of Conditions for Sabbatia Lane, 5 separate lots.  He explained the majority of the work was done.  Four out of five houses have been built needing a finished curb and one house remains to be built.

-         MOTION:  TO issue an extension for one year to John Ripa for files DEP 109-0925, 109-0926, 109-0927, 109-0928 and BBL 01-05 and include in the cover letter the Commission would like a drainage report within 30 days.  Moved by Diane, seconded by Jim.  Carried.  All in favor.

-         MOTION:  TO sign a duplicate original of a Certificate of Compliance for DEP file No. 109-0122.  Moved by Diane, seconded by Jim.  Carried.  All in favor.

-         MOTION:  TO sign a duplicate original of a Certificate of Compliance for DEP File No. 109-54.  Moved by Diane, seconded by Jon.  Carried.  All in favor.

VI.              OLD BUSINESS

-         Commission DePaso inquired about the status about the property at 302 Concord Road (Gianacopolis).  It appears work is on-going.  No Order of Conditions has been issued for the property.  Markus Pinney will research and discuss with Ms. Depaso.

VII.           NEW BUSINESS

-         Two board members’ terms (JoAnne Giovino and Jon Metivier) expire at the end of June and they will be interviewed by the Selectmen on June 30^th.

VIII.        9:55 p.m.   MOTION to adjourn.  Moved by Diane, seconded by Betsy.  Carried.  All in favor.

Respectfully submitted,

John Aliperta,

Secretary

Prepared by:  Markus Pinney

                       Janine Depper-Nash