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HomeMy WebLinkAbout2012-10-16 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, October 16, 2012 7:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Chair Joyce Miller opened the meeting at 7:30 pm in the Parker Room of the Town Offices Building. Commissioners Present: Joyce Miller, Phil Hamilton, Jane Warren, Stew Kennedy, Duke Bitsko, and Dick Wolk. Commissioners Absent: David Langseth Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation Department Assistant 7:30 pm Informal - Request to Use Chiesa Farm Request to use Chiesa Farm for the Burning of the Tea Re-enactment Documentation: Land Use Permit Application Present for the Applicant: Rick Beyer, Lexington Historical Society Mr. Beyer, on behalf of the Lexington Historical Society, proposed the use of Chiesa Farm to re-enact the burning of the tea in 1773. Comments from the Commission as follows: Mr. Hamilton asked how Mr. Beyer planned on containing the fire. Mr. Kennedy questioned the type of material that would be burned. Mr. Wolk asked Mr. Beyer if he anticipated it to become a yearly event and why this year was chosen to start again. Motion made and seconded to approve the use of Chiesa Farm with the condition of the Fire Department overseeing the event, 6-0 in favor. 7:39 pm Informal - Request to Use Willard’s Woods Documentation: Land Use Permit Application Present for the Applicant: Joe Rancatore Request to use Willard’s Woods fire pit area for evening gatherings throughout the fall Motion made and seconded to postpone the meeting due to the absence of the applicant, 6-0 in favor. 8:10 pm Meeting - RDA, 5 Malt Lane DET# 12-22 Removal of a tree within the 100-foot Buffer Zone Documentation: RDA Application Present for the Applicant: Donald and Nancy Rosenfield, Homeowners Mr. Rosenfield proposed the removal of a tree that overhangs his lawn because it is bowed-over, unattractive, and blocks the light in the backyard. Comments from the Commission as follows: Mr. Hamilton asked if the stump would be removed or left. Mr. Bitsko commented that this particular tree family can re-grow after it is cut down. Mr. Bitsko explained that the Black Walnut is a native tree and not invasive. However, the Black Walnut is allelopathic which can poison the lawn. Mr. Bitsko suggested vista pruning the tree because it is in a resource area and does not pose a safety issue. Ms. Warren asked the applicants if trimming would suffice. Mr. Hamilton asked the applicants if they were working with an arborist. Mr. Hamilton read the regulations of vista pruning. Motion made and seconded to continue the meeting to October 30, 2012 at the request of the applicant, 6-0 in favor. 8:31 pm Cont. Meeting - RDA, 133 Worthen Road DET# 12-20 Construction of a sunroom on an existing concrete deck within the 100- foot Buffer Zone Documentation: RDA Application Motion made and seconded to continue the meeting to October 30, 2012 at the request of the applicant, 6-0 in favor. 8:32 pm Cont. Hearing - NOI, 10 Vaille Ave DEP# 201-864, BL 822 Demo and construction of a new single-family dwelling within the 100- foot Buffer Zone to Bordering Vegetated Wetland Documentation: NOI Application Motion made and seconded to continue the hearing to December 18, 2012 at the request of the applicant, 6-0 in favor. 8:32 pm Hearing - NOI, 131 Woburn Street DEP# 201-873, BL 831 Delineation of the wetland resource area boundaries Documentation: NOI Application Present for the Applicant: Divyang Patel, Homeowner Mr. Patel proposed the delineation of the wetland boundary to construct a new home outside of the 100-foot Buffer Zone. Comments from the Commission as follows: Mr. Kennedy commented that he was satisfied at the site visit of the delineation done by the wetland scientist. Mr. Hamilton stated that he asked the wetland scientist to do a soil test closer to the line and there was no sign of mottling. Ms. Mullins reminded the applicant that erosion controls need to be installed and he does not have a permit for work in the 100-foot Buffer Zone. Motion made and seconded to approve the wetland delineation and issue the Order of Resource Area Delineation, 6-0 in favor. 8:37 pm Hearing - NOI, 44 Lincoln Street DEP# 201-874, BL 832 Installation of an in-ground swimming pool and associated landscape features within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Maureen Hanley, Norse Environmental Ms. Hanley proposed the construction and installation of an in-ground swimming pool, a landscaping bed, stairs from the lower deck, removal of a tree, and a chain-link fence around the pool. Comments from the Commission as follows: Mr. Kennedy asked if the fence on the right side of the property could be moved farther away from the wetland. Mr. Kennedy questioned where the wetland starts to become valuable wetland in Ms. Hanley’s professional opinion. Mr. Bitsko asked if the fence was more than 25 feet away and if there was a gate proposed along the fence. Mr. Bitsko stated that a condition should be written for no dumping of debris in the wetland and asked for clarification of the removal of a white pine tree. Ms. Mullins commented that drainage calculations were not provided. Motion made and seconded to continue the hearing to October 30, 2012 at the request of the applicant, 6-0 in favor. 8:54 pm Hearing - Conservation Commission Act & Commission Code Regulations Discusss amendments to the rules and regulations with regards to Conservation Commission Chapter 145, specifically rules and regulations with regards to fines for violation of Conservation Land Rules. The Conservation Commission reviewed the document presented by Administrator Mullins with suggested revisions. The amendment proposes to revise Chapter 145, Conservation Commission, Section 145- 1B from a fine not exceeding $200 or the replacement cost of damage, whichever is greater, shall be imposed on any person or persons violating said regulations, to a fine not exceeding $100 shall be imposed for any violation of said regulations, or of a permit issued under said regulations. Motion made and seconded to approve amendment as discussed tonight, 6-0 in favor. As a result of this approval to amend Chapter 145-1B, the Commission discussed revising Code Chapter 1-6, Non-Criminal Disposition to reflect a $100 maximum fine. The Commission reviewed the document presented by Administrator Mullins with suggested revisions. The amendment proposes recommending to Town Meeting to revise Chapter 1-6, Non-Criminal Disposition from B. Chapter 145, Conservation stndrd Commission fine schedule of 1 offense: $100 per violation, 2 and 3 th offenses: $150 per violation, and 4 and subsequent offenses: $200 per violation, to B. Chapter 145, Conservation Commission fine schedule of st 1 and subsequent offenses: $100 per violation. Motion made and seconded to make the proposed amendment recommendation to Town Meeting for the November 19, 2012 Special Town Meeting, 6-0 in favor. PENDING MATTERS 7:40 pm Arlington Conservation Commission, Reservoir Chestnut Harvesting Present for Arlington: Nathaniel Stevens and David White Mr. Stevens requested the Lexington Conservation Commission to contribute funds to the water chestnut clean-up project, which has been conducted five times since the year 2000. Comments from the Commission as follows: Mr. Hamilton stated that he supported the request. Ms. Warren also supported the request for help and asked if the water chestnuts harm any native plants. Mr. Bitsko asked if there were any native lilies in the area. Mr. Bitsko recommended the use of CPA funds to support the clean-up. Mr. Wolk supported the request, but asked if it was going to be an annual contribution for the Conservation Commission. Mr. Wolk questioned if any machinery or chemicals would have a lasting effect on stopping the water chestnuts from returning. Ms. Warren suggested that if they conducted the clean-up every year, it would not be as hard to control. Mr. Kennedy stated that Lexington needs to control invasive species on their own land before helping others, partly due to the fact that there is not enough money. Mr. Bitsko and Mr. Kennedy had a discussion about management plans and entering into a partnership. Mr. Wolk suggested that the contribution from Lexington be less than half percent. Ms. Miller asked if the recreation department could contribute as well. Motion made and seconded to request the Town Manager to add $3,000 to the budget to financially help clean-up the Arlington Reservoir, 5-1 in favor. Mr. Kennedy voted against the motion. 8:52 pm Greenway Corridor Committee, CPA Request and Letter of Support Mr. Ohmart reported that they completed a 5 ½ mile pilot path and they have the intentions of creating similar loops around town. The Conservation Commission voted to support the project and Ms. Miller signed the support letter for the ACROSS Lexington Initiative. 9:03 pm Request to Amend Order of Conditions, 97 Hayden Ave, Ledgemont III (201-738, BL 697) Ms. Mullins reported that the applicant wishes to make eight changes in the plans for 97 Hayden Ave, Ledgemont III. She stated that they have filed with ZBA and want to know if they can amend the order or if the need to file a new notice. Ms. Mullins commented that all of the changes occur within the former approved limit of work line. Comments from the Commission as follows: Mr. Hamilton asked if there were any changes within the 100-foot Buffer Zone. Mr. Wolk questioned the increase in amount of impervious surface. Mr. Hamilton suggested that more information be provided to the Commission. 9:15 pm Motion made and seconded to accept the Tri-Partite Agreement between Winning Estates, LLC, Blueberry Lane, Order of Conditions (201-758, BL 716) and the Town of Lexington, 5-0 in favor. Mr. Kennedy was not present during the voting. Motion made and seconded to issue an Order of Conditions for 44 Eldred Street (201-871, BL 829), 6-0 in favor. Motion made and seconded to issue an Order of Conditions for 60 Hartwell Ave and Concord Ave at Beaver Brook (201-870, BL 828), 6-0 in favor. 9:22 pm Motion made and seconded to approve the minutes from February 28, 2012 as long as minor changes were done, 6-0 in favor. Motion made and seconded to approve the minutes from October 2, 2012, 6-0 in favor. 9:28 pm Motion made by roll call vote to enter executive session for the purpose of approving executive session minutes. The Commission will not return to open session at the conclusion of executive session. Motion made and seconded to approve the executive session minutes from October 2, 2012, 6-0 in favor. 9:30 pm Motion made and seconded to adjourn the meeting, 6-0 in favor, Respectfully submitted, Michelle Tassi Conservation Department Assistant