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HomeMy WebLinkAbout2007-06-12 CONCOM-min MINUTES —LEXINGTON CONSERVATION COMMMISSION June 12, 2007 Commissioners present: Joyce Miller (7:35), Dave Langseth, Duke Bitsko, Stew Kennedy Absent: Phil Hamilton, Angela Frick, Dick Wolk Others present: Karen Mullins, Administrator, Adam Bossi, Administrator Assistant, and Louise Vinci, Department Clerk Joyce Miller, Chair, opened the meeting at 7:35p.m. in room G -15, Town Office Building. 7:35 p.m. Meeting: RDA, 51 Le&�elawn Avenue, Present for the applicant /owners: Carl Dumas, Contractor, Kneeland Contracting, Sonia Demarta and Robert Bacon, applicant /property owners Carl Dumas presented a plan to remove a rear porch, replace porch with two -story addition (within 100 ft. of a stream), and add a front porch to a single- family residence. Comments from the Commission followed: David Langseth asked Mr. Dumas if he had looked at the feasibility of installing infiltration for roof runoff and what the net increase in impervious surface would be on the lot post construction. Mr. Dumas answered, that the total increase of impervious surface would be approximately 70 sf. He also said he had not considered adding infiltration because the lawn went right up to the stream bank and the runoff irrigates the lawn. Also, the owners plan to remove the paved driveway and replace with a pervious material. Mr. Langseth reviewed new revised Section 5(2) of the Code Rules and outlined that work involving adding less than 100 s.f of impervious surface over a three year period is exempt from complying with this section. Stew Kennedy noted that the stream is perennial, and hence defined as a river with a riverfront area extending 200 -feet horizontally and running parallel from the mean annual highwater line. Joyce Miller was concerned that work would be within 100 feet of the river, North Lexington Brook, and that the lawn extends to the bank of the river. She would like to see the lawn replaced with non - invasive plantings within the 25 foot critical edge to the wetland and bank. Lastly Ms. Miller stated the commission would need to review a critical edge enhancement plan. Motion made and seconded to issue a Negative Determination of Applicability with standard and special conditions as discussed regarding erosion control, pervious driveway details, and critical edge enhancement plantings, 4 -0 in favor. 7:50 p.m. Meeting: RDA, 19 Slocum Road, Present for applicant /owner: Christine McLaughlin, applicant /property owner. Page 1 of 5 MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING June 12, 2007 Ms. McLaughlin presented a plan to alter the landscaping adjacent to the brook along the rear of her property. The plan included removing two ash trees, a number of Norway Maple trees and lawn grass within eighteen feet of the banks of the brook. Ms McLaughlin proposed replacing the trees and lawn grass with native, noninvasive trees and plants. At the Commission's request during the site visit, she prepared a second plan and submitted it at tonight's meeting that provided a greater amount of detail regarding measurements and number and location of trees to be removed. Ms. Miller commented that there was some debris from abutting properties in the brook that should be removed. Commissioners agreed that the plan to remove invasive species and lawn grass within the wetland buffer was a significant benefit to the wetlands. They also complimented Ms. McLaughlin for providing such complete and detailed plans and will refer future applicants to her filing to use as an example when they propose this type of project. Motion made and seconded to issue a negative determination with standard conditions, 4 -0 in favor. 7:56 p.m. Issue Order of Conditions: 21 Barberry Road (201 -708, BL -665) Motion made and seconded to issue an Order of Condition with conditions as drafted, 4 -0 in favor. 7:57 p.m. Issue Order of Conditions: 453 Concord Avenue (201 -706, BL -663) Motion made and seconded to issue an Order of Condition with conditions as drafted, 4 -0 in favor. 7:58 p.m. Issue Certificate of Compliance: 69 Hancock Street Present for the applicant /owner: Scott Caron, property owner Administrator Mullins explained deviations from the proposed plan and reason for follow -up due to enhancement area needing to be increased per conditions of the Order. Ms. Mullins informed the Commission that the revised as -built reflecting the required changes was just submitted to the office at 5:00 pm this evening and she didn't have an opportunity to conduct a follow up site visit before the meeting. According to Mr. Caron, he completed the outstanding items and Rich Kirby, Wetland Specialist from LEC, submitted an e -mail certifying that the work was completed and the enhancement area complied with the Order. The commission asked Ms. Mullins to ensure that all items, specifically the enhancement area plantings, are in compliance by conducting a follow up site visit before they vote to issue the Certificate of Compliance. 8:05 p.m. NOI, 9 Village Circle, Present for applicant: Mary Trudeau, Consultant, and Ronald Hines, property owner Ms. Trudeau presented a revised plan. In the new plan she proposed removing the existing bituminous concrete driveway and replacing it with a driveway constructed of either pervious pavers or pervious asphalt. Ms. Trudeau MINUTES - LEXINGTON CONSERVATION COMMMISSION MEETING June 12, 2007 recommended the use of pervious pavement and condition the Order to require thorough documentation of the base layer to ensure the surface is pervious. Comments from Commissioners followed: David Langseth was concerned that if the proposed driveway were made using pervious asphalt at some point in the future a sealant may be applied to the driveway making it impervious, due to this possibility, he would prefer pavers be used. Joyce Miller asked what the distance was between the garage and the wetlands, and also mentioned she would like to see more buffer plantings along the wetlands. Ms. Trudeau responded that the garage would be setback 27 feet from the wetlands where as the existing structure is setback 25 -feet from the wetlands and the applicant was agreeable to planting a buffer along the wetlands. Stew noted that there was a shed inside of the buffer zone that didn't seem to have been approved with previous filing. He wants removal of shed from wetland area as well as submittal of a buffer enhancement plan as conditions of the Order. Motion made and seconded to close the continued hearing, 4 -0 in favor. 8:20 p.m. NOI, 4 Maguire Road, Present for the applicant: Mike Flamang, Senior Engineer, Lexington Engineering Department. Mr. Flamang presented a plan to remove a beaver dam from bank to bank in order to eliminate water buildup behind it. During the presentation Mr. Flamang conveyed that the dam was believed to be inactive and that water backup caused by the dam posed a potential to infiltrate municipal sewerage, which could lead to safety and health issues. Comments from Commissioners: Stew Kennedy asked what the impact to the surrounding wildlife habitat would be if the water level drops. Dave Langseth was concerned about possible sediment buildup behind dam and it being washed down river once the dam was breached. Administrator Mullins suggested that dam be breached from the middle opposed to along the bank to avoid erosion of the bank from the high velocity flows once the breach is made in dam. Mike Flamang responded to comments by saying that he couldn't assure the commission of the impact the dam's removal may pose on the surrounding wildlife habitat, and the dam would be removed slowly and from the middle area not the banks. Motion made and seconded to close the hearing, 4 -0 in favor. 8:30 p.m. 201 Bedford Street, Duke Bitsko identified for the record that he is special employee for the town with regards to the DPW facility and the Conservation Commission, and thus, he must recuse himself from the hearing. Since there were only three Commissioners present at this point for the hearing, which didn't represent a quorum, the representatives on behalf of the applicant agreed to continue the hearing to June 26, 2007. Motion made and seconded to continue the hearing to June 26 at the request of applicant due to quorum issues, 3 -0 in favor. MINUTES - LEXINGTON CONSERVATION COMMMISSION MEETING June 12, 2007 8:35 p.m. Approve May 81h, minutes. Motion made and seconded to approve minutes of May 8,2007. 8:36 p.m. Approve May 22 "d minutes. Motion made and seconded to approve minutes of May 22, 2007 8:36 p.m. Issue Order of Conditions, 24 Inileside Road David Langseth commented that he had been persuaded by clear and convincing evidence by the extensive mitigation measures proposed that the Code's interests had been secured. He would however like to see a more detailed enhancement planting plan submitted. The Commission requested incorporation of the following conditions into the Order: • Monitoring of restoration area twice a year (spring and fall) for a period of two years. • If restoration area hasn't achieved 75% growth with wetland noninvasive species within two years based on monitoring reports, the owner /applicant shall submit a performance bond. Motion made and seconded to issue Order of Conditions, 3 in favor, 1 opposed (Ms. Miller). 8:52 p.m. 710 Marrett Road, Mass Highway Depot Present for the applicant: Robert Boone, District Environmental Engineer, District 4, Ken Leach, Environmental Compliance Coordinator, District 4 Mr. Boone presented the plan for landfill capping at the Depot. He conveyed that the project was under a Department of Environmental Protection Consent Order to remove solid waste from landfill and fill with clean fill by excavating top two feet of soil, screening out solid waste, reusing soil, and capping with sand and loam. Mr. Leach continued presentation by telling the commission that the Department of Environmental Protection (DEP) had given them two options for capping. The options were to pave the area or to use a pervious cap as proposed. During the presentation it was also stated that groundwater would be monitored, that current test had shown below reportable concentration per Mass. Contingency Plan (301 CMR 19), and that this site has been considered a lower Mass Highway priority due to only being a solid waste issue. Ms. Miller stated at the opening of the meeting that the Conservation Commission would probably want a Notice of Intent filing. Mr. Langseth stated that the commission will need more information regarding the project in order to make a Determination of Applicability. The commission requested supplemental details documenting the DEP Consent Order and test results. A site visit with the commission was scheduled for Tuesday June 19 at 8:00 am. Mr. Boone requested a continuance of the meeting to provide supplemental information and conduct a site visit. Motion made and MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING June 12, 2007 seconded to continue the meeting at the request of the applicant to June 26 at 8:15 pm, 4 -0 in favor. 9:20 p.m. Cont. Hearin: NOI, 177 Grove Street, Rayvon Realty Trust, 3 -lot cluster development (201 -705, BL 662) Motion made and seconded to continue the hearing to June 26, 2007 at applicant's representative's request, 7 -0 in favor. 9:25 p.m. Commission voted by roll call vote to go into executive session for the purpose of approving May 22 " d 's executive session minutes and agreed to not reopen meeting to the public. 9:30 p.m. Meeting adjourned. Respectfully submitted by, Louise Vinci Department Clerk