ATTENDANCE: Chairperson JoAnne Giovino, and Commission Members Betsy Gallagher, Diane DePaso, Jim Miller, John Aliperta, and, staff: Markus Pinney, Director, and, Janine Depper-Nash, Senior Clerk.

 

CALL TO ORDER: 7:06 p.m.

 

 

I.                    7:06 p.m. - WETLANDS PROTECTION ACT AND BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING - Amendment to Order of Conditions - Continued Public Hearing Philip and Sheryl Poor – 11 Allen Road – DEP File No. 109-1055/Billerica File No. BBL-1055

 

Attorney Pamela Brown was in attendance.

JoAnne Giovino gave a brief report on changes made to the Form 5 of the Order of Conditions as required by Town Counsel.

MOTION: TO close this Hearing and issue an Amended Order of Conditions with conditions as originally stated, and, including updated and corrected information as required by Town Counsel to comply with wetlands regulations, based on Attorney Brown’s alteration of the Original Order. Moved by Jim, seconded by Diane. Carried. All in favor.

 

 

II.                  7:17 p.m. - WETLANDS PROTECTION ACT & BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING - NOTICE OF INTENT  - Continued Public Hearing - Roger Altreuter – 37 Manning Road – DEP File No. 109-1084/Billerica File No. BBL-1084

 

MOTION: TO continue this Hearing to October 22^nd, 2008 at the Applicant’s request. Moved by John, seconded by Diane. Carried. All in favor.

 

 

III.                7:20 p.m. - WETLANDS PROTECTION ACT & BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING - NOTICE OF INTENT - William Rouine – 8 Town Farm Lane – DEP File No. 109-1085/Billerica File No. BBL-1085

 

Engineer Mac McDowell of Noonan & McDowell, Inc. appeared representing the Applicant. He explained the project is to construct a 15’ x 16’ addition onto the rear of the house. The existing deck is to be removed and the addition built in its place on sonatubes.

Discussion followed. The Commission accepted the existing stone wall as a visual barrier. 

Commissioners stated conditions shall be: to abandon a 10’ wide strip of lawn along the east border of the lawn off the end of the house and plant shrubs, and, to dispose of grass clippings, leaves, lawn debris, etc. more than 50’ from the wetland. 

MOTION: TO close and issue an Order of Conditions within 21 days. Moved by John, seconded by Diane. Carried. All in favor.

IV.               7:33 p.m. - WETLANDS PROTECTION ACT & BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING - NOTICE OF INTENT - Mark Gilligan – 56 Connolly Road – DEP File No. 109-1086/Billerica File No. BBL- 1086

 

Wetland Scientist Steve Eriksen of Norse Environmental Services appeared with applicant Mark Gilligan. They propose to construct a 20’ x 30’ in-law addition and request a variance to 2 sections of the Regulations, one which is an exception to the 25’ No Alteration Zone because of dimensional constraints given the proximity of wetlands in light of existing conditions and the location of the home, and, an exception to the maximum 25% impervious area which is exceeded by 19 sq. ft.

Discussion followed. It was decided: property boundaries should be included on the plan. Because there is a variance request the Applicant should include enhancement plantings as mitigation. A condition should be included that if the fence is replaced it should be moved up to the 25’ setback, and include a condition that the debris and waste in the bordering vegetated wetland should be removed as requested by the Director.  

MOTION: TO grant the variance to the limit on impervious, Sec. 3.03c(2). Moved by John, seconded by Diane. Carried. All in favor.

MOTION: TO grant the variance to Sec. 3.03c(3), the No Alteration Zone with mitigation as discussed. Moved by Diane, seconded by John. Carried. All in favor.

MOTION: TO close this Hearing and issue the Order of Conditions with the conditions that were discussed included, within 21 days. Moved by Diane, seconded by Jim. Carried. All in favor.

 

 

 

V.                 7:55 p.m. - WETLANDS PROTECTION ACT & BILLERICA WETLANDS PROTECTION BY-LAW WETLANDS HEARING - ABBREVIATED NOTICE OF INTENT - Kimberly Knight – 77 Mallard Street – DEP File No. 109-1087/Billerica File No. BBL- 1087

 

Engineer Mac McDowell of Noonan & McDowell appeared with the Applicant. The project involves construction of an addition with a deck and a shed at the rear and side of the existing structure. There is bank erosion at the edge of Nutting Lake which the Applicant proposes to repair and restore. 

 

Discussion included storage of canoes outside the bank and mitigation area and the wetland flags should be re-established. As mitigation the Applicant shall be required to plant bank stabilization and mitigation plantings along the pond as advised by the Director. 

MOTION: TO close and issue an Order of Conditions within 21 days with the conditions of the mitigation plantings and the canoe storage not being in the mitigation area included. Moved by John, seconded by Diane. Carried. All in favor.

 

 

Abdul Alkhatib, DPW – Sewer Extension Contract 34B – DEP File No. 109-1088/Billerica File No. BBL-1088

MOTION: TO continue this Hearing to October 22^nd, 2008 at the request of the Applicant. Moved by John, seconded by Jim. Carried. All in favor.

-          Request for duplicate copy of Certificate of Compliance-DEP File No. 109-495/BBL-495. 

MOTION: TO sign and issue a duplicate Certificate of Compliance for DEP File No. 109-495/BBL-495. Moved by Jim, seconded by John. Carried. All in favor.

 

-          Order of Conditions for Curtis Knight – 109-1029/BBL-1029-644 Boston Road

MOTION: TO sign and issue the Order of Conditions for Curtis Knight, DEP File No. 109-1029/BBL-1029. Moved by Diane, seconded by Betsy. Carried. All in favor.

 

-          Request for Certificate of Compliance – DEP File No. 109-0642/BBL-642 – Faulkner Mills – Bob Gill

MOTION: TO issue a Certificate of Compliance for DEP File No. 109-0642/BBL-642. Moved by Diane, seconded by John. Carried. All in favor.

 

 

MOTION: TO adopt the 10-24-07 minutes with changes. Moved by Jim, seconded by John. Carried. All in favor.

MOTION: TO adopt the 8-13-08 minutes with changes. Moved by John, seconded by Betsy. Carried. Jim Miller abstained.

MOTION: TO adopt the 9-26-07 minutes with changes. Moved by Diane, seconded by Betsy. Carried. All in favor.

MOTION: TO adopt the 12-12-07, 5-28-08, 6-25-08, 8-15-07 and 9-11-07 minutes with changes. Moved by Jim, seconded by John. Carried. All in favor.

 

 

9:15 P.M.   MOTION: TO adjourn.  Moved by John, seconded by Diane. Carried. All in favor.

 

                                                                                                                John Aliperta, Secretary

 

 

Prepared by: Janine Depper-Nash and Markus Pinney