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HomeMy WebLinkAbout2014-09-22 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Monday, September 22, 2014 6:30 P.M. Parker Room, Town Offices Building 1625 Massachusetts Avenue Chair Joyce Miller opened the meeting at 6:33 pm in the Parker Room of the Town Offices Building. Commissioners Present: Joyce Miller, Phil Hamilton, Duke Bitsko and Alexandra Dohan Commissioners Absent: David Langseth and Dick Wolk Others Present: Karen Mullins, Conservation Administrator and Michelle Morelli, Community Development Department Assistant PENDING MATTERS 6:34 pm Land Use Permit Application: Fall Cookout/Campout, Daniel A. Ollendorf Ms. Mullins presented the proposal for the cookout/campout conducted every year by the scouts and stated no issues have come up in previous years. Motion made and seconded to approve the land use permit application for the fall cookout/campout at Willard’s Woods on October 25-26, 2014 from 3:00 p.m. to 9:00 a.m., 4-0 in favor. 6:35 pm Plan change: 121 East Emerson Road, DEP# 201-917, BL 877, Modify dwelling footprint >50 ft from BVW Rich Kirby, LEC Environmental Consultants, Inc. presented the plan change request for modification of the dwelling footprint at 121 East Emerson Road. Mr. Kirby asked for direction on whether this change would be considered a minor plan change or if the Commission requests an Amendment to the Order of Conditions. Mr. Kirby did not have a plan or revised drainage information. Ms. Mullins gave a brief overview of the difference between the Notice of Intent filing for the deck and the modification of the dwelling footprint. The Commission would like both this proposal and the Notice of Intent filing presented at the same time. 6:40 pm Plan change: 25 Suzanne Road, DEP# 201-918, BL 878, Conduct landscaping >50 ft from the Bordering Vegetated Wetland Tim Lee, Timothy Landscape Design presented the plan changes for 25 Suzanne Road with a revised plan. Motion made and seconded to approve the plan change to conduct landscaping >50 ft from the Bordering Vegetated Wetland, 4-0 in favor. 6:46 pm The commission postponed issuing the Certificate of Compliance for 9 Brigham Road until the meeting on October 6, 2014 at 6:30 pm. Motion made and seconded to issue a Certificate of Compliance for 39 Arcola Street, DEP# 201-931, BL 891, 4-0 in favor. 6:47 pm Motion made and seconded to approve the minutes from July 31, 2014, 4-0 in favor. Motion made and seconded to approve the minutes from August 18, 2014, 4-0 in favor. Motion made and seconded to approve the minutes from August 25, 2014, 4-0 in favor. Motion made and seconded to approve the minutes from September 4, 2014, 4-0 in favor. Motion made and seconded to approve the minutes from September 8, 2014, 4-0 in favor. 6:49 pm Re-organization of the Conservation Commission Motion made and seconded to nominate Philip Hamilton as chair of the Conservation Commission, 4-0 in favor. Motion made and seconded to nominate David Langseth as the Vice Chair of the Conservation Commission, 4-0 in favor. 6:51 pm Liaisons for Bike Advisory Committee and Greenway Corridor Committee Motion made and seconded to nominate Alexandra Dohan the liaison for the Greenway Corridor Committee, 4-0 in favor. Motion made and seconded to nominate Dick Wolk as the liaison for the Bike Advisory Committee, 4-0 in favor. 6:54 pm Reports: Bike Advisory, Community Preservation Committee, Land Steward Directors, Housing Partnership, Tree Committee, Land Management, Land Acquisition, etc. Ms. Mullins suggested inviting the stewards for a reception for Stew Kennedy. Ms. Mullins will discuss the event with Jordan McCaron to coordinate. Ms. Mullins gave a capital request update on meadow mowing, Lower Vine Brook repaving (including knotweed and removal), and potential land acquisition. 7:00 pm Meeting – 31 Massachusetts Avenue, RDA DET# 14-14 Applicant: Mass Ave Realty LLC Replacement of a retaining wall within the 200-foot Riverfront Area Present for the Applicant: Ron Thompson & Greg Thompson, Representatives for Mass Ave LLC Ron Thompson gave a description of the area and replacement of a retaining wall. Comments from the Commission as follows: Mr. Bitsko asked if the wall would be replaced with a wall the same height. Mr. Thompson commented that the wall would be replaced in-kind. Mr. Bitsko asked if construction activity would be done from the site or bike path. Mr. Thompson stated that work would be done from the site, but they may need to do minor activities. Mr. Bitsko suggested a condition for an erosion control along the bike path. Motion made and seconded to issue a negative determination with conditions, 4-0 in favor. 7:09 pm Meeting – 7 Coach Road, RDA DET# 14-15 Applicant: Eyal Ron & Mary Rose Scozzafava Sunroom construction activities and landscape improvements within the 100-foot Buffer Zone Mr. Bitsko recused himself from this meeting. Due to lack of a quorum the th meeting will be continued to October 6. Motion made and seconded to continue the meeting to October 6, 2014 at 7:00 pm at the request of the applicant, 4-0 in favor. 7:12 pm Cont. Hearing – Concord Avenue between Spring Street & Waltham Street, NOI DEP# 201-930, BL 890 Applicant: Town of Lexington Department of Public Works Construction of a new sidewalk along the southern side of Concord Avenue between Spring and Waltham Street, replacement of the culvert under Concord Avenue at Hardy’s Pond Brook, installation of a driveway for the Town to access the existing pump station, milling and repaving of Concord Avenue in the project area, and demarcation of a bicycle lane Present for Applicant: David White, Project Engineer, Woodard & Curran, Mike Flamang, Town of Lexington Engineering Department Mr. White explained the information regarding cross sections on the revised plans. He gave additional detail on wetland mitigation; there would be an increase of 210 sq. ft. of permanent alteration, 510 sq. ft. total Bordering Vegetated Wetland alteration, and 1,040 sq. ft. of Bordering Vegetated Wetland replication proposed. Comments from the Commission as follows: Mr. Hamilton asked for details of the work occurring to replicate the wetland. Mr. White explained that excess soil will be removed and disposed of, organic top soil brought in, and plantings will follow. Mr. Bitsko suggested use of coir logs to provide stability for plant establishment and longevity in the bank restoration. Motion made and seconded to close the hearing, 4-0 in favor. 7:31 pm Cont. Hearing – 103 Woburn Street, NOI DEP# 201-950, BL 908 Applicant: Lexington Development Group, LLC Construct a garage addition, re-construct a covered porch, re-align an existing driveway, and construct a wooden deck within the 100-foot buffer zone and 200- foot Riverfront Area Present for the Applicant: Rich Kirby, LEC Environmental Consultants Mr. Kirby commented Mike Flamang, Town Engineer and Fred Russell, Project Engineer discussed the proposal at 103 Woburn Street. In respects to comments made by the Town Engineer, the plans were revised. Comments from the Commission as follows: Mr. Hamilton read the engineering review stating, “The project is an addition to a single-family dwelling. Two sanitary sewer easements are on the property. They are adequately protected by the proposed plan. Soil test excavations were done and the results are reported. The distance between the infiltration structure and the estimated seasonal high water table is sufficient. Stormwater is proposed to be managed with two infiltration structures. The design appears to be proper. It shows no increase in runoff off site after project completion. The proximity of public facilities on the site make it critical that the installation be staked in the field by a qualified professional before construction. The installation should be reviewed by a licensed professional and as-built drawings should be on file. During construction, erosion and sedimentation control procedures should be in place. This should include a wheel-cleaning area for construction vehicles.” Mr. Bitsko entered the Mullin Rule Statute into the record for watching the video of the hearing for 103 Woburn Street on September 8, 2014. Pam Pardoe of 107 Woburn Street voiced concerns of water runoff onto her property. Mr. Kirby replied that the Town of Lexington has a stricter stormwater management rule than any other town. Guy Jarvis of 95 Woburn Street asked if other plantings besides trees could be done along the 103 Woburn Street side. Mr. Kirby replied that a planting plan was submitted for the buffer zone. Motion made and seconded to close the hearing, 4-0 in favor. Motion made and seconded to issue an Order of Conditions for 103 Woburn Street, DEP# 201-950, BL 908, 4-0 in favor. 7:41 pm Hearing – 9 Tufts Road, AmendOOC DEP# 201-835, BL 793 Applicant: Miljana Bovan Installation of an infiltration system in the front yard within the 100-foot Buffer Zone to Bordering Vegetated Wetland Present for the Applicant: Miljana Bovan & Rasko Ojdrovic, Homeowners Mr. Ojdrovic explained the infiltration system proposed for the front yard due to ledge being found in the field during construction. Comments from the Commission as follows: Mr. Hamilton read the engineering report stating, “I have reviewed the calculations submitted for the plan changes at this site. The calculations done on the modified system show that, for the design storms, there is no increase in runoff rate and volume of flow after the project compared to pre-project conditions. We have no other comments.” Ms. Mullins raised concern that the original proposal was to mitigate 850 sq. ft. of roof area in the front. The plan is only for 450 sq. ft. Motion made and seconded to continue the hearing to October 6, 2014 at 7:00 pm at the request of the applicant, 4-0 in favor. 8:07 pm Hearing – 2 Diamond Road (19 Grove Street), AmendOOC DEP# 201-900, BL 859 Applicant: Greg Matteosian Installation of a catch basin west of the driveway entrance off of Diamond Road & installation of a brick walkway between the driveway & front house entrance within the 100-foot Buffer Zone Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Rick Waitt, Meridian Associates, Inc., and Greg Matteosian, Property owner Mr. Kirby presented a letter summarizing the proposed changes on site. Mr. Waitt presented additional changes and explained issues stating during construction there was possibility of a broken pipe, which caused water to puddle. Comments from the Commission as follows: Mr. Hamilton read emails between Ms. Mullins and Mike Flamang, Town Engineer regarding the catch basins and drainage on Diamond Road. Ms. Mullins met with the project engineer who stated two additional pipes were in the area. Ms. Mullins suggested finding out where the two pipes originated. Mr. Waitt explained how elevations were determined and that no increased flooding would occur downstream to someone else’s property. Mr. Bitsko asked the guarantee of the isolated wetland functioning the same way it had in the past. Mr. Kirby commented on the successful plant life in the restoration areas and stated a two year monitoring schedule was included in the original Order of Conditions. Becky Linton of 22 Grove Street asked if chemicals were allowed to be used in such an area. Ms. Mullins read a condition from the original Order of Conditions; the use of chemical fertilizers, pesticides, herbicides and sodium- based products is prohibited within 100 feet of the wetlands to reduce the impact of these products on the resource areas when transported by stormwater or by leaching through the soil. This condition shall remain in perpetuity and shall not expire with the issuance of the Certificate of Compliance. Motion made and seconded to close the hearing, 4-0 in favor. 8:47 pm Hearing – 121 East Emerson Road, NOI DEP# 201-953, BL 911 Applicant: David Brossi Construction of a deck and stairs within the 100-foot Buffer Zone to Bordering Vegetated Wetland Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Al Gala, Gala Simon Associates, Inc., Dan Taylor, Contractor and David Brossi, Property owner Mr. Kirby presented construction of a deck off the rear of a single-family dwelling at 121 East Emerson Road. In order to mitigate for deck construction within the 50-foot buffer zone, 900 sq. ft. of lawn area and portions of the site will be restored. Mr. Kirby explained a revised plan showing the approved plan and existing conditions. Mr. Gala ran calculations showing the system is sized to capture additional impervious area. Comments from the Commission as follows: Ms. Miller opposed the deck construction due to encroachment in the 50-foot no- build zone. Mr. Kirby explained that the deck is about 300 sq. ft. and a restoration plan was submitted to mitigate for the 94 sq. ft. of impervious surface within the no-build zone. Mr. Bitsko commented the detail of the stairs off of the deck is not shown accurately on the plan per the site visit. Ms. Miller asked if the footprint of the deck could be reduced in order to stay outside of the 50-foot buffer zone. Mr. Hamilton asked how a foundation is built outside of the approved plan. Mr. Taylor replied that it was not a definitive foundation plan. Mr. Brossi stated it was not intended to go beyond the footprint or to deceive the commission. Deborah Zuckerman of 129 East Emerson Road stated that she filed with the Conservation Commission for her own deck and was not allowed to make any changes to the footprint. Ms. Zuckerman commented that the homeowners of 115 East Emerson Road had to reduce the footprint of their deck after filing with the commission. Ms. Zuckerman also questioned the setback of the stairs coming from the garage door. Mark Burnett of 115 East Emerson Road voiced concerns of the contractor not following plans that were previously approved, as well as concerns with plantings towards the property line. The Commission issued a brief recess for Mr. Kirby to speak with his client. Mr. Kirby requested a continuance for this Notice of Intent and stated an th Amendment to the Order of Conditions will be submitted for the October 20 meeting for the modification of the dwelling footprint. Motion made and seconded to continue the hearing to October 20, 2014 at 7:00 pm at the request of the applicant, 4-0 in favor. 9:29 pm Hearing – 124 Adams Street, NOI DEP# 201-952, BL 910 Applicant: Dennis Sullivan, Aspen Construction LLC Raze and rebuild a single-family dwelling, driveway, walkway, and patio within the 100-foot Buffer Zone to Bordering Vegetated Wetland and Land Subject to Flooding and 200-foot Riverfront Area Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Al Gala, Gala Simon Associates, Inc. and Dennis Sullivan, Aspen Construction LLC Mr. Kirby gave a brief description of the site and proposal to raze and rebuild a single-family dwelling at 124 Adams Street. Comments from the Commission as follows: This project is demolition Mr. Hamilton read the engineering report stating, “ and replacement of a single family dwelling. There is a town drainage pipe in an easement crossing the site. The proponent must take steps to protect that pipe. Three test excavations were done on the site. The results are reported on the submission. The ESHWT is shown. Storm water is proposed to be managed with an infiltration chamber. There is two feet of separation between the BMP and the ESHWT. The design of the system is responsive. The runoff rate and volume after project completion is shown to be less than existing conditions as defined in the Wetland Regulation. The installation should be reviewed by a licensed professional and as-built drawings should be on file. During construction, erosion and sedimentation control procedures should be in place. This should include a wheel-cleaning area for construction vehicles.” Mr. Bitsko asked to see the length of the retaining wall proposed within the restoration area. Mr. Gala explained the retaining wall is up-gradient of Bordering Land Subject to Flooding. Mr. Bitsko asked for a detail of the wall. Mr. Gala commented that it is only a 2-foot wall being constructed and does not need structural details. Mr. Hamilton read the interdepartmental comment from the zoning department stating that structures below ground cannot be closer than 5 feet to the property line. Mr. Gala submitted a detail on the stabilized construction entrance stating the road will be 12’ wide. Kathy Slane of 128 Adams Street commented the property boundary lines may be incorrect. Ms. Slane voiced concerns of town tree roots prohibiting construction of the retaining wall. Marianne McKenna of 118 Adams Street commented on extreme flooding in the Vine Brook area and concerns with water runoff. Mr. Hamilton replied that extensive runoff control is required. Mr. Kirby explained that a majority of the vegetated Bordering Land Subject to Flooding will be preserved and existing pavement removed. Mr. Kirby mentioned FENO bounds markers will be installed along the 25-foot no-disturb zone. Ms. Mullins suggested submittal of a plan for existing conditions stamped by a professional land surveyor. Motion made and seconded to close the hearing, 4-0 in favor. 10:05 pm Hearing – 149 Wood Street, NOI DEP# 201-951, BL 909 Applicant: Richard and Jean Thuma Replacement of a retaining wall, removal of bituminous pavement, and replacement of a wooden deck with a farmer’s porch within the 100-foot Buffer Zone Present for the Applicant: Dick Thuma and Jean Thuma, Homeowners and Jim DeVellis, Engineer Mr. Thuma apologized for misunderstanding the building and conservation permitting processes. Mr. DeVellis explained the plan showing the square footages of the pavement to be removed, proposed farmer’s porch construction, removal of existing deck, and impervious removal and replacement with grass. Comments from the Commission as follows: Mr. Hamilton read the engineering report stating, “Calculations are responsive. No other engineering comments.” Ms. Miller asked the distance of the farmer’s porch closest point to the wetland. The farmer’s porch will be 43’ away from the wetland at its closest point. Mr. DeVellis stated the deck is being removed, but the fence is remaining on site. Ms. Mullins commented that she met with Mr. Thuma when the issues were discovered during the building permitting process and discussed next steps. Mr. Hamilton would like the conditions to reflect the huge steep incline between the yard and the wetland. Motion made and seconded to close the hearing, 4-0 in favor. 10:20 pm Motion made and seconded to adjourn the meeting, 4-0 in favor. Respectfully submitted, Michelle Morelli Community Development Department Assistant