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HomeMy WebLinkAbout2012-08-21 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, August 21, 2012 7:30 pm Parker Room, Town Office Building 1625 Massachusetts Avenue Chair Joyce Miller opened the meeting at 7:38 pm in the Parker Room of the Town Offices Building. Commissioners present: Joyce Miller, Phil Hamilton, Stew Kennedy, Jane Warren, David Langseth, Duke Bitsko, and Dick Wolk Others present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation Department Assistant 7:40 pm Hearing – NOI, 14 Whittier Road, Shaochun Zhu DEP 201-847, BL 805 Construction of an addition and a deck to a single-family dwelling Documentation: Proposed Site Plan Present for the applicant: Zoltan Juhasz, Uniterra Consulting, LLC Mr. Juhasz described the covered porch on the proposed deck with stone underneath, totaling 180 square feet. He also described the patio, which would be 305 square feet and the revised storm water plan that will increase the drywell size. Comments from the Commission as follows: Ms. Miller read the engineering report. Mr. Langseth commented that the drainage calculations were revised to include additional square footage. Mr. Langseth asked for clarification of the buffer zone planting. Mr. Kennedy asked for clarification of the cross-hatched area on the proposed site plan. Mr. Hamilton suggested that the stone under the porch should be a condition or a new plan. Motion made and seconded to close the hearing and approve the Amended Order of Conditions, 7-0 in favor. 7:48 pm Cont. Hearing – NOI, Banks Avenue, Keith Dorrington DEP 201-858, BL 816 Construction of a new single-family dwelling Motion made and seconded to continue the hearing to September 4, 2012 at 7:30pm at the applicant’s request, 7-0 in favor. Pending Matters 7:50 pm Request for modification to existing plan to remove trees and replant: 9 Tufts Road (201-835, BL 793) Documentation: Norse Environmental Services, Inc. Letter and Photocopy of Site Map Present for the Applicant: Miljana Bovan Ms. Bovan proposed the removal of diseased Hemlock trees around the edge of the lawn and the pool. Ms. Bovan provided a report from Norse Environmental stating that the Hemlock trees are infested with woolly adelgid. Comments from the Commission as follows: Mr. Langseth commented that the proposed number of trees replacing the diseased Hemlock trees (20 native trees) is greater than the number of trees being removed (18 Hemlock trees). Ms. Warren asked about the 6 trees out front that are outside of the 100 foot buffer zone and if Ms. Bovan planned on keeping them. Mr. Kennedy commented that the Hemlock trees were badly infested and some of the tree removal is beyond the limit of work line. Ms. Mullins asked if Ms. Bovan would be digging up the stumps or grinding the existing trees to the ground. Ms. Mullins and Mr. Langseth questioned the type of machinery that would be used. Mr. Langseth stated that a plan needs to be submitted showing the limit of work line. Ms. Mullins suggested that she do a site visit when the work is completed. Motion made and seconded to approve the proposed tree removal and replacement with conditions, administrative review, and limit of work line plan, 7-0 in favor. 8:00 pm 2006 Enforcement Order Compliance Status - Rear of 7 Mass Ave, Mal’s Documentation: Option C Plan August 21, 2012 Present for the Applicant: Bill Dailey, Sloane and Walsh, LLP Mr. Dailey proposed a new plan (Option C), with the purple showing the new area to provide a buffer and the yellow area, which will increase disturbance. The guardrail would be erected 5 feet away from the back boundary and the trench would be behind the guardrail. He stated that the guardrail would be in a better position and farther away from the brook than the 2006 Enforcement Order called for. Comments from the Commission as follows: Mr. Langseth questioned if the proposed plan would be complied with because history shows that no orders have been complied with in the past. Mr. Kennedy stated that out of all three options that were proposed, he did not see any more protection than the Enforcement Order provided. Mr. Kennedy also commented that the Conservation Commission should keep the 2006 Enforcement Order and that Mal’s should comply. Ms. Miller stated that there was no reason for the Conservation Commission to believe that Mal’s would be in compliance with any orders issued. Mr. Hamilton agreed with Mr. Langseth that Mal’s has a history of failing to comply with orders. Mr. Wolk described the plan having positive aspects. Mr. Wolk also described three different site visits and the car parking lot and wreckage he saw at Mal’s. Ms. Miller suggested that Mal’s comply with the 2006 Enforcement Order and then come back in front of the Commission with any new plans or amendments. This would allow the Commission to have more confidence that Mal’s would stay in compliance with orders. Mr. Kennedy read condition #9 from the 2006 Enforcement Order about storage of vehicles on the lot. Mr. Dailey withdrew the new plan from consideration and will comply with the 2006 Enforcement Order. 8:30 pm Renew Farm License for Waltham St. and Hayden Woods for Dennis Comments from the Commission as follows: Mr. Wolk suggested that a formula be developed by which they charge. Mr. Hamilton stated that the formula would not apply to everything. 8:35 pm Motion made and seconded to issue an Amended Order of Conditions for 4 Alcott Road, (201-838, BL 796), 7-0 in favor. Motion made and seconded to issue and Order of Conditions for 17 Douglas Road, (201-868, BL 826), 7-0 in favor. Reports 1.Mr. Kennedy reported that the filming at Parker Meadow was successful. They left the area immaculate and sent an email thanking us. 2.Ms. Warren reported that the Lexington Alive Field Guide was finished. 3.Ms. Mullins and Mr. Kennedy reported on the erosion issue at Estabrook School. The Big Back Yard Trail relocation has been installed and completed. 8:54 pm Motion made by roll call vote to enter executive session for the purpose of approving executive session minutes. The Commission will not return to open session at the conclusion of executive session. Motion made and seconded to approve the executive session minutes from July 24, 2012, 7-0 in favor. 8:55 pm Motion made and seconded to adjourn the meeting, 7-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant