HomeMy WebLinkAbout2012-12-18 CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday, December 18, 2012
7:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue
Chair Joyce Miller opened the meeting at 7:35 pm in the Parker Room of the Town
Office Building.
Commissioners Present: Joyce Miller, Jane Warren, Stew Kennedy, Duke Bitsko, Phil
Hamilton, Dick Wolk (Arrived at 8:00) and David Langseth
Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi,
Conservation Department Assistant
7:36 pm Meeting – RDA, 31 Highland Avenue
DET# 12-25
Demolition of existing dwelling, driveway, and walkways
Documentation: RDA Application
Present for the Applicant: Brian Timm, Meridian Associates, Peter and
Ann Lambertus, Homeowners
Mr. Timm proposed the demolition of a single family dwelling and
driveway. The disturbed area will be loamed and seeded. Hay bales and a
silt fence will be used for erosion controls.
Comments from the Commission as follows:
Mr. Kennedy asked if fill would be placed where the foundation was
removed. Mr. Hamilton questioned if part of the driveway was remaining.
Mr. Bitsko asked what time of year the work is being done.
Motion made and seconded to issue a negative determination with
conditions, 6-0 in favor.
7:42 pm Re-open Meeting - RDA, 60 Sherburne Road
DET# 12-24
Construction of a covered front porch and landscaping improvements
Documentation: RDA Application, Impervious Data Sheet 12/6/12, and
Planting Plan 12/14/12
Present for the Applicant: Michael Coutu and Ryan Macomber, Sudbury
Design Group, Al Gala, Gala Simon Associates, Inc. and Hari and Susan
Polansky, Homeowners
Comments from the Commission as follows:
Ms. Miller read that the applicant provided drainage calculations for the 2,
10, and 100 year rates, as well as the 1 year volume, an impervious surface
table of calculations, and planting details. Mr. Kennedy commented that
the planting plan looked great.
Motion made and seconded to issue a negative determination with
conditions, 6-0 in favor.
7:47 pm Re-Open Hearing - NOI, 4 Turning Mill Road
DEP# 201-876, BL 834
Construction of an addition within the 100-foot Buffer Zone
Documentation: NOI Application, Narrative, and Proposed Plan 12/13/12
Present for the Applicant: Richard Kirby, LEC Environmental and Victor
Vizgaitis, Homeowner
Mr. Kirby proposed construction of an addition that will be 40’ away from
the wetland boundary. 150 sq. ft of the addition will be located in the 50’
Buffer Zone. Mr. Kirby stated invasive species management would be
conducted and a restoration plan would follow with native plantings.
Comments from the Commission as follows:
Mr. Hamilton commented that he wouldn’t rule this proposal out because
of the unique way the house is sited and the mitigation included in the
plan. Mr. Langseth agreed with Mr. Hamilton. Ms. Miller disagreed with
this proposal because half of the addition would be located within the 50’
Buffer Zone.
Motion made and seconded to continue the hearing to January 15, 2013 at
7:30 pm at the request of the applicant, 6-0 in favor.
8:04 pm Cont. Hearing - NOI, Banks Avenue
DEP# 201-875, BL 833
Construction of a single-family home within the 100-foot Buffer Zone
Documentation: NOI Application, Existing Conditions Plan 12/11/12, and
Drainage report 12/11/12
Present for the Applicant: Ian Rubin, Markey & Rubin, Inc.
Mr. Rubin proposed a narrowed driveway entrance with a burm on both
sides. He gave an explanation of the percolation tests and new drainage
calculations.
Comments from the Commission as follows:
Ms. Miller read that the applicant provided the 2, 10, and 100 year rates,
updated percolation rates, and the driveway detail showing the homeowner
will be able to see if the drain becomes clogged. Mr. Langseth asked for
an explanation for no percolation test being conducted. Mr. Wolk stated
that the neighbors already have flooding that occurs and when fill is added
to the area it will make flooding worse. Mr. Kennedy asked for an
explanation of the soil logs.
Jim Anderson of 17 Tucker Ave commented that it is illogical to add fill
because it will not improve the area.
Susan Adams of 33 Banks Ave described the pipe that runs along the side
of the LexHab House near a stream.
Gary Markowitz of 37 Baker Ave presented photographs of where the soil
samples were taken as well as minutes on the LexHab House from the
Conservation Commission meeting in 1992.
Mary Briggs of 32 Ames Ave stated that she appreciated the attention the
Commission has given to the neighbors and she feels the flooding would
be worse after the completion of this project.
John Holland of 32 Ames Ave asked the Commission their thoughts on
whether the flooding in the area would be worse as a result of this project.
Mr. Hamilton commented that the Conservation Commission only has
jurisdiction on this project and not runoff from the abutters. Mr. Bitsko
stated that filling can legally occur because the property is not in the 100
year flood plain and he explained soil profiles.
Motion made and seconded to close the hearing, 7-0 in favor.
9:05 pm Cont. Hearing - NOI, Route 2 MassDOT
DEP# 201-879, BL 837
Routine maintenance and repair of existing drainage structures and
roadway embankment at select locations along Route 2 and associated on-
ramps and off-ramps within the Bordering Vegetated Wetland, Land
Under Waterbodies and Waterways, Bordering Land Subject to Flooding,
and Riverfront Area
Documentation: NOI Application & Supplemental Information 12/11/12
Present for the Applicant: Sean Hale, Epsilon Associates, Inc. and
Andrea Norton, MassDOT
Comments from the Commission as follows:
Ms. Miller read that the applicant provided information on a sequencing
plan, working downstream to upstream, verification of pipes, an
environmental monitor, stabilization measures, and timing of work.
Motion made and seconded to close the hearing, 7-0 in favor.
9:08 pm Cont. Hearing – NOI, 13 Sherburne Road
DEP# 201-880, BL 838
Construction of a single-family dwelling within the 100-foot Buffer Zone
Documentation: NOI Application, Notice of Intent Plan 12/17/12, and
Revised Plan Letter 12/17/12
Present for the Applicant: Ben Osgood, Pennoni Associates, Inc, Jason
Brickman, Contractor, and William Woo, Homeowner
Mr. Osgood proposed raising the foundation to eliminate the need for a
foundation drain.
Comments from the Commission as follows:
Ms. Miller read the letter from Mr. Osgood regarding the raising of the
foundation to eliminate the need for a foundation drain. Ms. Miller stated
that a planting plan and alternatives analysis were provided for this
hearing by the applicant.
Motion made and seconded to close the hearing, 7-0 in favor.
9:12 pm Hearing – NOI, 80 Bloomfield Street
DEP# 201-881, BL 839
Construction of an addition to an existing single family dwelling and
associated work within the 100-foot Buffer Zone
Documentation: NOI Application, Revised Calculations and Proposed
Site Plan 12/13/12
Present for the Applicant: Scott Smyers, Oxbow Associates, Inc. and
Andrew Dixon, Homeowner
Comments from the Commission as follows:
Mr. Langseth commented that the runoff calculations only show the 100-
year storm for the driveway. The calculations for the 2 and 10 year rates
need to be provided, as well as the 1 year volume. Mr. Bitsko discussed
the riprap basin and asked the purpose. Mr. Langseth suggested
constructing a rain garden instead of a riprap basin.
Motion made and seconded to close the hearing, 7-0 in favor.
9:23 pm Hearing – NOI, 5 Cooke Road
BL 842
Demolition and construction of a new single-family dwelling and
associated work within the 100-foot Buffer Zone
Documentation: NOI Application
Present for the Applicant: Al Gala, Gala Simon Associates, Inc, Scott
Smyers, Oxbow Associates, and Richard & JoAnn Clair, Homeowners
Mr. Smyers proposed the demolition and construction of a new single-
family dwelling and associated work.
Comments from the Commission as follows:
Ms. Miller read the engineering report. Mr. Langseth asked if the 1 year
volume calculation was submitted and stated that a driveway detail needs
to be provided to warn the homeowner that the drain is clogged. Mr.
Bitsko questioned the amount of mature oak trees that would be removed
due to re-grading. Mr. Kennedy requested that bound markers be put up
and the location of the shed needs to be moved.
Motion made and seconded to continue the hearing to January 15, 2013 at
7:30 pm at the request of the applicant, 7-0 in favor.
9:39 pm Hearing – NOI, 19 Wellington Lane Ave
DEP# 201-883, BL 841
Construction of an addition to an existing single-family dwelling within
the 100-foot Buffer Zone
Documentation: NOI Application
Present for the Applicant: Zoltan Juhasz, Uniterra Consulting LLC,
Steven Eriksen, Norse Environmental, and James Flynn, Applicant
Mr. Juhasz proposed construction of an addition to an existing single-
family dwelling. He stated that hay bales and a silt fence will be used for
erosion control. Mr. Juhasz proposed markers for the no disturb zone.
Comments from the Commission as follows:
Mr. Kennedy commented that the plan was not stamped by an engineer.
Mr. Langseth suggested no overnight stockpiling. Ms. Miller read the
engineering report. Ms. Mullins asked for abandoned lawn and garden
details.
Motion made and seconded to close the hearing, 7-0 in favor.
PENDING MATTERS
9:51 pm Ms. Mullins gave a brief description of 119 Concord Ave. She stated that
determinations used to be recorded at the registry of deeds and this
property was split into two lots, requiring a certificate of compliance for
each. Ms. Mullins updated the Commission that 121 Concord Ave is
partially in compliance, but 119 Concord Ave is not in compliance. Fred
Conroy, Attorney, Nick Havan, Engineer, and George Kazazian,
Homeowner were present for this discussion.
9:55 pm Motion made and seconded to issue a partial certificate of compliance for
121 Concord Ave, DET# 00-2, 113/115 Concord Ave, 7-0 in favor.
10:09 pm Motion made and seconded to issue an Extension Permit for 1 year for 22
Middle St. DEP# 201-779, BL 739, 7-0 in favor.
Motion made and seconded to issue an Emergency Certificate for Lincoln
Field, Map 42, Lot 1, 7-0 in favor.
Motion made and seconded to issue an Emergency Certificate for the right
of way known as Wood Street at the intersection of Old Massachusetts
Avenue, 7-0 in favor.
Motion made and seconded to issue an Emergency Certificate for Parker
Meadow Conservation Land, Map 64, Lot 143, 7-0 in favor.
Motion made and seconded to acquire the Valleyfield Street property,
Map 24, Parcel 40 for the sum of $15,000, 7-0 in favor
10:19 pm Motion made and seconded to approve the minutes from January 24, 2012,
7-0 in favor.
Motion made and seconded to approve the minutes from February 7, 2012,
7-0 in favor.
Motion made and seconded to approve the minutes from April 3, 2012,
7-0 in favor.
Motion made and seconded to approve the minutes from April 17, 2012,
7-0 in favor.
Motion made and seconded to approve the minutes from June 19, 2012,
7-0 in favor.
Motion made and seconded to approve the minutes from November 27,
2012 with minor changes, 7-0 in favor.
Motion made and seconded to approve the minutes from December 4,
2012, 7-0 in favor.
7:57 pm Motion made and seconded to sign the quitclaim deed for Wright Farm,
6-0 in favor.
Motion made and seconded to sign the notice of grant of option for Wright
Farm, 6-0 in favor.
Motion made and seconded to sign the indemnification agreement for
Wright Farm, 6-0 in favor.
Motion made and seconded to sign the grant of option agreement for
Wright Farm, 6-0 in favor.
All Wright Farm Acceptance of Deeds and required paperwork for closing
was notarized by Donna Hooper from the Town Clerk’s Office.
10:30 pm Motion made and seconded to adjourn the meeting, 7-0 in favor.
Respectfully submitted,
Michelle Tassi
Conservation Department Assistant