HomeMy WebLinkAbout2018-09-17-CONCOM-min TOWN OF LEXINGTON,MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday,September 17,2018
6:30 P.M.
Parker Room,Town Office Building
1625 Massachusetts Ave,Lexington
Chair Phil Hamilton opened the meeting at 6:30 pm in the Parker Room of the Town Office
Building.
Commissioners Present:Chair—Phil Hamilton,Duke Bitsko,Alex Dohan and Dick Wolk
Commissioners Absent:David Langseth,Kevin Beuttell,and Ruth Ladd
Staff present:Karen Mullins,Conservation Administrator and Jordan McCarron,
Conservation Stewardship Program Coordinator
6:30 pm
NEW BUSINESS/PENDING MATTERS
6:31 pm
Request for insignificant plan change,10 Rangeway Rd,DEP 201-1063,
Modify drain pipe and flared end section per conservation conditions,locate 4-inch dbh trees
per tree warden,lower the top of foundation by 3.1 feet per zoning(while keeping cellar floor
above estimated seasonal high groundwater),add deck above carport
Presenter:Dennis Griecci Andover Consultants
Mr.Griecci presented the several changes to the site construction plan for 10 Rangeway Road
since the Commission approved the project through the Order of Conditions.Mr.Griecci
identified that one change was required by the condition of the Order regarding increasing the
setback from wetland flags to the erosion controls and limit of work and the drain pipe outlet
flared end.He noted that the foundation finished floor elevation was decreased by 3 feet to
meet zoning heights. An additional test pit was conducted for the foundation to determine
estimated seasonal high groundwater and it was found to be consistent with previous data and
the basement would be above the estimated seasonal high groundwater elevation.Mr.Bitsko
inquired about the changes to the dwelling footprint compared to the approved Order
referenced plan.Mr.Griecci stated that there was ambiguity regarding the 1960 variance on
location of carport allowance and it was decided that the carport location would be as shown
on the current revised plan.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 in favor
to approve the plan changes as insignificant without requiring an Amendment to the Order of
Conditions.
6:36pm
Request for Certificates of Compliance:82 Grant St,DEP File No.201-988,BL 945,
Levitt
Mr.Hamilton opened the discussion by identifying that the Commission visited the site as
agreed to at their August meeting to observe the current conditions at 82 Grant Street and
specifically to observe the latest buffer zone planting efforts implemented by the Levitts to
bring the site into compliance to the greatest extent practical with the approved Order of
Conditions and referenced plans based on existing as-built conditions. Seeing the only
outstanding item was the location of the FENO bounds installation currently located at the 25-
foot buffer zone in the lawn area,Mrs.Mullins asked the Commission if the bounds should be
located to the new approved"Do Not Disturb"boundary between the lawn edge and the
natural buffer zone boundary to eliminate confusion in the field between mowing areas and do
not mow areas in future.The Commission reached a consensus with the owners agreement
that the FENO"Do Not Disturb Buffer Zone"bounds will be relocated to the edge of the
existing lawn edge(to the front of the rock boundary)as opposed to the 25 ft.buffer zone as
conditioned in the Order and shown on the original approved Order proposed site plan.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 in favor
to issue a full Certificate of Compliance with on-going perpetual conditions subject to the
completion of the FENO bound boundary modification agreed to this evening.
6:39pm
Final acceptance of Conservation Restriction#99,5 John Hosmer Lane,RAO
Mr.Hamilton explained that the Conservation Commission previously voted to accept the
Conservation Restriction for this property subject to the Town Counsel's review and approval.
Mrs.Mullins reported that Town Counsel has since reviewed and requested a few
modifications,which were accepted by the Rao's attorney and incorporated in the latest final
version presented to the Commission for this evenings vote to accept.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 to accept
the Conservation Restriction,identified by EEA Number 99,granted by the Rao's for a
portion of their premises located at 5 John Hosmer Lane.
6:42pm
Donation of Land Intent Update,Laconia Street and Ridge Road,D.Burn
Ms.Dohan described the recent site visit to observe the intended land donation.Mr.Bitsko
described the discovery of a 6"broken culvert connecting the vernal pools on the site.Mrs.
Dohan stated that it is difficult to tell any evidence of encroachment activity from abutting
landowners. She stated that most of the abutters have fences.Mr.Bitsko described the
discovery of leftover historic construction debris left on the property.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 to accept
the land donation subject to Town Counsel's assistance with the closing process.
6:46pm
Meeting Minutes:8/20/2018 and 9/04/2018
Mr.Hamilton discussed the discovery of several typos in the Meeting Minutes from the
August 20th and September 4th Commission meetings.The typos were acknowledged and
corrected accordingly.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 to
approve the meeting minutes of August 20,2018 subject to corrections.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 to
approve the meeting minutes of September 4,2018 subject to corrections.
6:47pm
Planning Board Project Comments
Ms.Dohan presented an update on the Belmont Country Club Land that were presented at the
prior week's Planning Board meeting.Ms.Dohan exclaimed the plans do include several
acres of conservation restrictions.There were no questions at this time.
6:53pm
Cotting School Conservation Restriction area restoration activities,M.Buczynski
Ms.Buczynski presented the Coning School's plans to restore the altered conservation
restriction areas.They plan to remove the current gravel parking area encroaching within the
restricted area and demarcate the conservation restriction line with large boulders for on-
going visual barrier to prevent potential for future encroachment.Ms.Buczynski is seeking
feedback on their proposed restoration plan.Ms.Mullins reminded the Commission that they
were previously concerned about lawn grass being planted in the restored conservation
restriction area as currently proposed.Mr.Bitsko recommended planting native canopy
sapling interspersed amongst native conservation meadow plants.The Commission
recommended that Ms.Buczynski create a planting plan for the restoration area for the
Commission to approve.
NEW PUBLIC MEETINGS/HEARINGS
7pm
DET# 18-17
RDA,251 Waltham St.
Owner/applicant:Town of Lexington Recreation
Project:Center Playfields Athletic Lighting Project(near 1"base of baseball field),within the
100-foot buffer zone to bordering vegetated wetlands
Need to list applicable documents f om the record for reference(ie. the RDA filing, any plans,
any engineering review, any letters, drainage calcs, etc..)
Presenter:Meg Ms.Buczynski,PE,of Activitas and Melissa Battite Town of Lexington
Recreation and Community Programs Director
Ms.Buczynski exclaimed that this is part of a larger lighting upgrade at the high school
athletic field. It is proposed to replace existing light poles with new higher poles with LED
lighting which will decrease the light pollution in the area since these new lights shine directly
down on field with less foot candle spill over.There will be some electrical conduit trenching
on the field side of the recreational path but for the most part the existing system's electrical
conduit can be reused for this new lighting project. Mr.Bitsko recommended the use of
compost filter stocks as preferred to straw waddle and the installation of orange LOW to
demarcate the LOW.
On a motion by Mr.Wolk and seconded by Mr.Bitsko,the Commission voted 4-0 moving to
issue Negative Determination with standard limit of work and erosion control conditions.
7:10 pm
DEP File No.201-xxxx,Bylaw No.BE XXXX ,- Commented[KM7]:Update with file numbers
NOI,Eversource Circuit 320,Marrett Road Substation to 443 Lincoln Street,Lexington
Project:Installation of underground electric conduit within an existing electric transmission
right-of-way within the 100-ft Buffer Zone and 200-ft River Front Area
Need to list applicable documents f om the record for reference(ie. the RDA filing, any plans,
any engineering review, any letters, drainage calcs, etc..)
Presenters:Jen Buttaro,Eversource,Sean Hale VHB,Mark Baldwin,Conduit Dept.
Eversource
Mr.Hale began by describing the after the fact installation of a subsurface conduit system
extending from an existing sub-station on the northern part Marrett Road to the southern
extent of the right-of-way on Lincoln Street.The subsurface area amounts to 3,600 feet.
There are five to six areas of BVW.This includes Hobbs Brook which does contain
riverfront area,bordering land subject to flooding,bordering vegetated wetlands and
buffer zone.The proposed work does temporarily disturb areas in the Riverfront Area and
the buffer zones however the disturbance is not permanent.All activity is going to be
temporary in nature.This activity includes subsurface hydro directional drilling(HDD)
installation for crossing the Hobbs Brook Riverfront and Wetlands areas,open trench
installation of conduit and backfilling,and restoration activities for previously disturbed
areas of wetlands and buffers and to the previous existing access road totaling 9,900 sq.ft.
of impact in the Riverfront area and 500 sq.ft.of impact in BVW.Mr.Hale exclaimed
that all trenching,except for the portion by the northerly stream crossing and connection
to the last manhole by the access gate near the substation off Marrett Rd,has been
completed and that they have initiated the restoration activities to stabilize the disturbed
wetland and buffer areas and steep upland slopes as soon as possible during the fall
growing season.Restoration activities include installation of erosion controls and hydro-
seeding with appropriate native conservation seed mix.Mr.Hale told the Commission that
the next step of the project will be hydro directional drilling under Hobbs Brook.There
will be a digging of pits in the Riverfront area in order to minimize the length of conduit
laid under Hobbs Brook.
Mr.Hamilton raised his concern regarding the construction impact to the vernal pools in
the area and the need to immediately remove erosion controls that were placed in the pool.
Ms.Buttarro exclaimed that they had been waiting to begin restoration activities around
the vernal pool until official permission and approval was given by the Commission.
Mr.Hale described that continued restoration projects will include cleaning up disturbed
and exposed soil areas to minimize impact.These activities will continue after the
installation of the conduit.
Mr.Bitsko raised his concern about the stabilization of the proposed seed mix and
whether it will germinate in time.Mr.Hale responded that VHB will be monitoring the
site on a weekly basis and that additional seed including an annual rye grass can be
applied if conservation seed germination is minimal this fall.Further,Monitoring of the
HDD will be conducted on a daily basis by VHB. Mr.Bitsko confirmed that further site
visits will be completed by Ms.Mullins to also verify stabilization and restoration
compliance.
Mr.Hamilton made it clear to the audience that many site visits and coordination by the
Commission and the Administrator has been done to get this enforcement matter resolved
and an after the fact approval for the electrical conduit duct bank install by the
Commission in apparent short time for the main goal of wetlands protection in order to
restore the already disturbed wetlands and buffer areas and stabilize disturbed areas as
soon as possible this fall.
On a motion by Mr.Wolk and seconded by Ms.Dohan,the Commission voted 4-0
moving to close the hearing.
On a motion by Mr.Bitsko and seconded by Ms.Dohan,the Commission voted 4-0 to
issue the order of conditions approving with standard erosion control and restoration of
wetlands and buffer zone conditions for the after the fact electrical conduit duct bank
project and the additional HDD installation through the Hobbs Brook Riverfront Area and
the necessary and required after the fact significant restoration and on-going monitoring
activities to stabilize and enhance the disturbed wetlands and buffer zone areas resulting
from the project.
Continued Public Hearings
7:35 pm
DEP File No.201-1102,Bylaw No.BE 1059
NOI,99 East Street
Owner/applicant:99 East Street LLC
Project:Demo and construct new house within bordering land subject to flooding(BLSF),the
200-foot riverfront area,and the 100-foot buffer zone from bank and BLSF
Need to list applicable documents f om the record for reference(ie. the RDA filing, any plans,
any engineering review, any letters, drainage calcs, etc..)
Presenter:Project Representative Scott Smyers,Wetland Scientist,Oxbow Associates
Ms.Dohan recused herself due to a personal connection with the applicant.
Mr.Hamilton raised the concern that though new information can be put into the record,the
Commission does not have a quorum since Ms.Dohan recused herself,meaning the continued
hearing cannot be held to discuss the project any further or closed this evening.Mr.Hamilton
asked if Mr.Bitsko or Mr.Wolk had any further questions or issues based on the new
information submitted to ensure for the applicant that the hearing would be closed at the next
meeting to avoid any further delays for the applicant.
Ms.Mullins confirmed that commissioners not present can review and get comments to her in
the next few days to allow for a speedy closing of the hearing and issuing of the Order of
Conditions at the next meeting.
Mr.Smyers,on behalf of the applicant,requested a continuance of the hearing to October 1,
2018 for quorum purposes.
On a motion by Mr.Wolk and seconded by Mr.Bitsko,the Commission voted in favor 3-0
(Ms.Dohan recused herself)to continue the hearing as requested.
7:44pm
DEP File No.201-1107,Bylaw No.BE 1065
NOI, 17 Banks Avenue
Owner/applicant:P.Zhou
Project:Construct an addition within the 100-foot BVW buffer zone to bordering vegetated
wetlands
Need to list applicable documents f om the record for reference(ie. the RDA filing, any plans,
any engineering review, any letters, drainage calcs, etc..)
Presenter:Mr.Chi Man,Professional Civil Engineer
Mr.Bitsko informed the Commission that he watched the footage from the first hearing
despite his absence at the first meeting and signed and submitted his Mullins Rule Affidavit
accordingly for the record.
Mr.Man reviewed several comments that were made at the prior meeting.Mr.Man reported
changes to the stormwater calculations to comply with the stormwater regulations.They will
use a larger system to collect stormwater flow.
Mr.Hamilton entered the comments by the Engineering Department into the record.
Mr.Man continued to explain that 4 FENO bounds will be installed per the Commissions
comments.Mr.Man provided detail of the improved connection from downspout to the
retention system.
Mr.Bitsko exclaimed that the detail of overflow is different than usual,but will however,
work.
On a motion by Mr.Bitsko and seconded by Ms.Dohan the Commission voted 4-0 in favor to
close the hearing.
Bpm
DEP File No.201-1109,Bylaw No.BE 1067
NOI,4 Hancock Ave.
Owner/applicant:Zoltan Juhasz,Barlex One LLC
Project:Addition to single family home within the 100-foot buffer zone of bordering
vegetated wetlands
Need to list applicable documents f om the record for reference(ie. the RDA filing, any plans,
any engineering review, any letters, drainage calcs, etc.)
Presenter:Juhasz Zoltan,Professional Civil Engineer
Mr.Zoltan presented the project and provided an updated plan based on the observations from
the weekend site visit with the Conservation Commission.The wetland onsite was delineated
by LEC under the adjacent Hancock Street administrative review for work beyond the 100-
foot buffer zone.Mr.Zoltan proposes to remove the paved driveway,garage and porch and
replace the driveway with previous pavers.A 120 sq.ft.porch,a 900 sq.ft.addition and
attached garage will be added to the back.A portion of the garage falls within the 100ft.
buffer.No activities will take place closer than 70'ft.from the wetlands boundary on abutting
lot.No structures will be closer than 84'from the wetlands.In order to mitigate runoff there
will be an installation of an underground retention facility.Mr.Zoltan recalled Mr.Bitsko's
concern about the perviousness of the driveway.Mr.Bitsko suggested that the driveway be
modeled as an impervious surface to make sure that runoff will be contained over time with
the proposed recharge system.Mr.Zoltan confirmed that the proposed recharge system will
provide better drainage than is provided with the existing system.
Mr.Zoltan entered the revised drainage calculations in response to Mr.Bitsko's request into
the record.
Mr.Hamilton entered the engineering report into the record.
Mr.Bitsko asked if the O&M plan for the subsurface recharge system complies with the
Commission's standard conditions.Ms.Mullins confirmed that they do comply.
Mr.Bitsko additionally asked if there will be a filter fabric on the bottom of the recharge
system.Mr.Bitsko clarified that the Commission asks for the filter fabric to be solely on the
top and sides of the recharge system,not on the bottom.Mr.Zoltan quickly agreed to comply
with that request to remove the bottom layer of filter fabric from the design details.
Mr.Wolk asked to clarify the amount of cultech units,suggesting to add more.Mr.Zoltan
stated that yes,2 additional Cultech units were added as recommended by Engineering.Mr.
Wolk asked again if increasing the total 10 Caltech units would be potentially beneficial for
future homeowners to alert them if the system is failing.Mr.Zoltan clarified that increasing
Cultec units would not be additionally beneficial.
Mr.Wolk raised his concern regarding pervious paver systems and the upkeep that
homeowners must endure to confirm that these systems work.Mr.Zoltan continued to
confirm that perhaps when a system reached a certain age that homeowners may be required
to test their systems.Mr.Zoltan pointed out that nothing is foolproof.
Mr.Bitsko added that for porous asphalt there is a test for porosity that you can do upon
installation and again at any interval.Any test required by order or bylaw would need to be
consistent.At the DPW the porous asphalt system was designed with a fail-system(designed
to fail by using bio-retention basins as back up controls)but with most residential projects
there is no room to fail.
Ms.Mullins brought to the Commissioners attention that the design calls for a down-gradient
overflow outlet that would trickle out onto abutting property at a down gradient projection.
Standard conditions require overflow at each downspout.This conflicts with the existing
standard condition of the Commission.Mr.Zoltan stated he can meet this requirement via
removal of the overflow outlet as designed and install overflows at each downspout.
On a motion by Mr.Wolk and seconded by Ms.Dohan,the Commission voted in favor 4-0 to
close the hearing.
On a motion made by Mr.Wolk and seconded by Ms.Dohan,the Commission voted to
adjourn the meeting at 8:55 pm.
Respectfully Submitted by
Katie Luczai,Department Assistant based on notes from Jordan McCarron,Stewardship
Coordinator and LexMedia On Demand Video