HomeMy WebLinkAbout2012-08-07 CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
DRAFT MINUTES
Tuesday, August 7, 2012
7:30 pm
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 Offices
Building.
Commissioners present: Stew Kennedy, Joyce Miller, Jane Warren, and David Langseth
Commissioners absent: Phil Hamilton, Duke Bitsko, and Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation
Department Assistant
7:36 pm Trail Run on Dunback Meadow Conservation Area
Present for the discussion: Lisa O’Brien
Documentation: Special Event Permit Application with Proposed Route
Ms. O’Brien proposed the Bowman 5K Trail Run, which will include 200
participants. The goal of this run is to take runners through and around the
neighborhoods adjacent to Bowman School as well as incorporate trails and
conservation land within Lexington and immediately accessible to Bowman.
Comments from the Commission as follows:
Ms. Miller voiced her concern about 200 people running on the wetlands. Mr.
Kennedy stated that almost all the wetlands contain boardwalks and the organizers
of the run should go out beforehand with the conservation stewards to see what
needs to be trimmed and cut back off of the trails. Ms. Mullins suggested the run
be piloted because it sounded as if it was going to become an annual event. Mr.
Kennedy recommended that Ms. O’Brien check with the owners of the private
property regarding the path across Bacon St and take before and after pictures of
the wettest areas.
Motion made and seconded for trial run and report back to Conservation
Commission within a month from October 28, 2012, 3-1 in favor.
7:44 pm Filming at Parker Meadow
Present for the discussion: Matt Paley and Casey Regan
Mr. Paley and Mr. Regan proposed shooting a low-budget short film in Parker
Meadow near the bench across from Taylor Lane. There would be a crew of 10-12
people using a 6500 watt generator, a few lights, and an eco-friendly fog machine.
Comments from the Commission as follows:
Mr. Langseth inquired about how long the generator would be running and how
they intended to refuel it. Mr. Kennedy asked the exact location of the filming
and what equipment would be left on the bike path. Ms. Mullins stated that they
needed to contact the abutters, Police Department, and Fire Department. Mr.
Kennedy suggested that they also contact the DPW and Town Manager’s Office.
Ms. Miller appointed Mr. Kennedy to be in charge of all the documentation when
it comes in.
Motion made and seconded to approve filming if the requirements of all
departments necessary are met and they approve the project for 8:00 pm to 3:00
am on August 11, 2012, 4-0 in favor.
August 9, 2012 at 11:30 am -
Mr. Kennedy met with Matt Paley at Parker
Meadow. Mr. Kennedy gave Matt a list of abutters that they should notify and
contacted Marie McDonnell in the Town Manager’s Office, giving approval of
the filming.
7:59 pm Cont. Meeting – RDA Conservation Land off Conestoga Rd/Katahdin Woods
DET 12-15
Construction and maintenance of footbridges
Documentation: Erosion Control Features and Landform Features Diagram
Present for the discussion: Jay Sklar, Lexington Conservation Stewards
Mike Tabaczynski, Greenways Corridor Committee
Mr. Sklar described a proposal to construct a trail segment (shown in red on the
plan) that will create a loop for conservation land trails. Mr. Sklar stated that the
grassy area of the proposed trail will be mowed regularly and there will be
benching on the rear of the slope for weed control.
Comments from the Commission as follows:
Mr. Langseth commented that the demarcation of the property lines needs to be
clearly marked. Mr. Kennedy stated that he went on site after the last meeting
and it is similar to Fairfield Dr where the homeowner mows the area and 4 x 4
posts were put in to demarcate the property lines. Mr. Kennedy suggested that as
soon as a development gets approved, stakes be put in the ground.
Shelley Scruggs of 7 Conestoga Road commented that she just recently moved in
on August 1, 2012 and there is no protection to stop people from going onto her
property.
Steve Kline presented two petitions from Conestoga Rd. residents that are opposed
to the trail and he inquired about a drain easement.
Jacqueline Kline of 9 Conestoga Road commented that they were told it was a
private road.
Motion made and seconded to issue a negative determination with conditions, 4-0
in favor.
8:30 pm Hearing – Amendment to Order of Conditions, 4 Alcott Road, William Smith
DEP 201-838, BL 796
Installation of an in-ground swimming pool, patio, enclosure fence, and associated
site grading.
Documentation: Request Amended Order of Conditions and Revised Site Plan
August 7, 2012
Present for the discussion: Brian Timm, Meridian Associates
Mr. Timm proposed installing a swimming pool and a fence. The fence would be
located on the top of the retaining wall along the back of the property.
Comments from the Commission as follows:
Mr. Langseth read the engineering report. Mr. Kennedy asked about the
maintenance of the pool and if it would need to be drained. Mr. Langseth asked
where they would store the chemicals and equipment for treating the pool. Mr.
Langseth questioned the possibility of a structural issue of the retaining wall in
respect to the pool and drainage infiltration system. Ms. Warren asked about the
tree removal and planting schedule.
John Wardwell the builder stated that he spoke with an abutter who had previous
concerns, but they are okay with the new proposal.
Motion made and seconded to close the hearing, 4-0 in favor.
8:41 pm Hearing – NOI, 17 Douglas Road, 17 Douglas Road LLC
DEP 201-868, BL 826
Removal of existing house and building of a new home and associated work
Documentation: Tree Cutting Plan August 7, 2012
Present for the applicant: Scott Smyers, Oxbow Associates
Mr. Smyers proposed razing of a current single family house and construction of a
new home and associated work. The corner of the home will be moved from 72
feet to 80 feet away from the wetlands and three oak trees will be removed in the
buffer zone.
Comments from the Commission as follows:
Mr. Langseth read the engineering report. Mr. Kennedy commented on the
number of trees being lost. Mr. Langseth stated that the drain needs to be in a
depressed area and that the driveway needs to meet the performance standards.
Jerry Chen of 18 Douglas Road voiced his concern about groundwater issues. His
basement currently gets wet and he suggested a bigger infiltration system.
Motion made and seconded to close the hearing, 4-0 in favor.
9:00 pm Cont. Hearing – NOI, 49 Fottler Ave, Naplex Construction, LLC
DEP 201-867, BL 825
Demolition of existing single family home and driveway and construction of a new
single family home
Documentation: Revised Plan July 30, 2012
Present for the applicant: Anthony Busa
Mr. Busa proposed the location of the siltation barrier consisting of bales of hay.
He also stated that the dirt will be pushed aside during the demolition.
Comments from the Commission as follows:
Ms. Mullins stated that the limit of work line needed to be a part of the conditions.
Motion made and seconded to close the hearing and issue an order of conditions,
4-0 in favor.
9:12 pm Pending Matters
Request for modification to existing plan – 9 Tufts Road, Miljana Bovan
DEP 201-835, BL 793
Documentation: Norse Environmental Services, Inc. Letter and Photocopy of Site
Map
Present for the applicant: Miljana Bovan
Ms. Bovan proposed to remove 18 diseased Hemlock trees and replace them with
20 native and sustainable trees.
Comments from the Commission as follows:
Mr. Langseth asked if the pool was in the original plan. Ms. Miller suggested the
scheduling of a site visit. Ms. Mullins questioned whether the proposal was a
small field change or something bigger because the work was down-gradient of
the limit of work line.
Motion made and seconded to schedule a site visit, 4-0 in favor.
9:20 pm 2006 Enforcement Order Compliance Status - Rear of 7 Mass Ave, Mal’s
Documentation: Option A and Option B Plans August 7, 2012
Present for the Applicant: Brian Timm, Meridian Associates
Bill Dailey, Sloane and Walsh, LLP
Mr. Timm proposed Option A, which would keep parking 25 ½ feet away from
the brook because the guardrail will be 1 foot inside the back boundary of the
property line. This would allow 50 overnight parking spaces and 30 additional
parking spaces for the daytime. There would be a minimum travel aisle of 22 feet.
Comments from the Commission as follows:
Mr. Langseth asked for clarification of the line on the plan that represented the
guardrail. Ms. Miller commented that the guardrail was installed per 2006
enforcement order, but it is still not in compliance. Mr. Langseth questioned the
need of the amount of space for two-way traffic and emergency vehicles. Mr.
Kennedy asked for clarification of the gate that was proposed on the plan. Mr.
Langseth asked where the drainage was located in relation to the guardrail because
of the opportunity for compaction and damage due to trucks. Ms. Miller read an
email from Richard Wolk. Ms. Miller and Mr. Kennedy stated that they want the
enforcement order complied with.
Mr. Timm proposed Option B, in which the guardrail would be 5 feet away from
the back boundary of the property line and the trench would be located behind the
guardrail.
Comments from the Commission as follows:
Mr. Langseth stated that Plan B is a step in the right direction and he is willing to
listen because he believes more can be done to improve the plan. Mr. Langseth
requested a refreshing of the original enforcement order. Ms. Mullins provided a
brief history.
Mr. Timm asked for an amendment to the enforcement order.
Comments from the Commission as follows:
Ms. Mullins stated that Commission would need to issue an Amendment
Enforcement if anything other than the 2006 enforcement order was approved.
Mr. Langseth commented that he sketched out the proposal on Option B and is
willing to listen to an alternative design for protection of the environment. Ms.
Mullins suggested submitting something in writing along with a plan.
Motion made and seconded to adjourn the hearing, 4-0 in favor.
10:15 pm Ms. Miller read the motion for Wright Farm, Grove Street.
Motion made and seconded to approve and sign the Purchase and Sales
Agreement for Wright Farm, Grove Street, 4-0 in favor.
Motion made and seconded to issue an Order of Conditions with standard
conditions for erosion control and drainage for 24 Constitution Road, (201-865,
BL 823), 4-0 in favor.
Motion made and seconded to issue an Order of Conditions for 22 Hamilton Road,
(201-866, BL 824), 4-0 in favor.
Motion made and seconded to issue an Order of Conditions for 49 Fottler Ave,
(201-867, BL 825), 4-0 in favor.
Motion made and seconded to sign the Certificate of Compliance for 5 Brookwood
Road, (201-508, BL 467), 4-0 in favor.
Motion made and seconded to sign the Certificate of Compliance for 17
Vinebrook Road, (201-798, BL 756), 4-0 in favor.
Motion made and seconded to approve minutes from July 24, 2012, 4-0 in favor.
10:30 pm Motion made and seconded to adjourn the meeting, 4-0 in favor.
Respectfully submitted,
Michelle Tassi
Conservation Department Assistant