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HomeMy WebLinkAbout2012-10-30 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, October 30, 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, Dick Wolk, and David Langseth (Arrived at 7:42) Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation Department Assistant 7:31 pm Meeting - RDA, 481 Lowell Street DET# 12-23 Extension of a three season porch & enclosure & extension of an existing landing, which will become a deck within the 100-foot Buffer Zone Documentation: RDA Application Present for the Applicant: Kirk Der Avedisian, Homeowner Mr. Avedisian proposed expanding the porch to make a 4’ x 22’ addition, installation of gutters and down spouts, and construction of a 12’ x 12’ deck that will have an open roof area and landing. Comments from the Commission as follows: Ms. Miller read the engineering report. Ms. Miller asked for clarification on the proposed additions. Mr. Hamilton stated that filing of a Notice of Intent is usually required for this type of work because it gives a more detailed look into the proposal. Mr. Hamilton suggested issuing a positive determination because the work is in a sensitive area. Mr. Kennedy agreed with Mr. Hamilton. Mr. Bitsko suggested that a planting plan should be submitted. Motion made and seconded to issue a positive determination, 7-0 in favor. 7:49 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 & Revised Plan October 30, 2012 Present for the Applicant: Rich Geary, Great Day Improvements, LLC Mr. Geary proposed the construction of a 120 square foot sunroom within an existing concrete slab. Comments from the Commission as follows: Mr. Kennedy asked for a summary for the reason that the meeting was continued. Mr. Langseth asked for an explanation of the location of the frost wall. Mr. Langseth questioned where the spoil piles would be kept and how long they would be there. Mr. Kennedy asked if the limit of work was shown on the plan. Mr. Langseth and Ms. Miller had a discussion about erosion controls. Motion made and seconded to issue a negative determination with conditions, 7-0 in favor. 7:59 pm Cont. Meeting - RDA, 5 Malt Lane DET# 12-22 Removal of a Black Walnut tree within the 100-foot Buffer Zone Documentation: RDA Application and Arborist Letter October 19, 2012 Present for the Applicant: Don Rosenfield, Homeowner Mr. Rosenfield proposed the removal of a Black Walnut tree. He stated that pruning it will not be sufficient enough. Comments from the Commission as follows: Ms. Warren stated that the tree would be difficult to prune because it is significantly bowed over. Mr. Langseth asked if Mr. Rosenfield would replace the removed tree with other native species. Mr. Wolk commented that the tree would be taken down for aesthetic reasons and it would set a precedent for others that want to take down trees. Mr. Hamilton asked Mr. Bitsko if it was a possibility for another native species to be planted in the same area. Mr. Bitsko explained that if it is planted in the same area then the same bowing over would occur. He stated that the Black Walnut provides value to the wetlands and the planting plan needs to provide a greater value. Motion made and seconded to continue the meeting to an unspecified date at the request of the applicant, 6-0 in favor (Mr. Langseth was unable to vote due to absence at the last meeting). 8:26 pm Hearing - NOI, 4 Turning Mill Road DEP# 201-876, BL 834 Home addition within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: George Dimakarakos, Stamski & McNary, Inc. Mr. Dimakarakos proposed a 500 square foot addition 30 feet away from the wetland within an area that was previously disturbed by a septic system. No formal lawn is to be installed. Comments from the Commission as follows: Ms. Miller read the engineering report. Mr. Langseth commented that there is room in the back of the house for the addition. Victor V. of 4 Turning Mill Road described an alternatives analysis for the location of the proposed addition. He explained that the house on the north, south, and east side are built into the landscape and it would require significant excavation and disturbance. The proposed location would save a lot of trees. Mr. Langseth commented that the stormwater standards are good, but there could be additional mitigation. Mr. Hamilton stated that the 30 foot setback is a concern and he read the setback regulation. Mr. Wolk asked if an arborist was consulted regarding the property. Mr. Kennedy asked how far behind the house the oak tree is located. Ms. Mullins suggested that an alternatives analysis be done to give the Commission a better perspective on the choice of location for the addition. Mr. Wolk suggested conducting another site visit. Motion made and seconded to continue the hearing to November 13, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 8:50 pm Hearing - NOI, 39 Middleby Road DEP# 201-875, BL 833 Construction of a single-family home within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Scott Goddard, Goddard Consulting LLC Mr. Goddard proposed the construction of a new single-family dwelling. Comments from the Commission as follows: Mr. Langseth commented that the drainage calculations fail to comply with the bylaw regulations in which credit cannot be taken for existing impervious surface. Mr. Langseth suggested that a careful analysis be done on the stream. Mr. Bitsko asked about the soil testing that was done and suggested that a restoration or planting plan be submitted for review. Motion made and seconded to continue the hearing to November 13, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 9:08 pm Cont. 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 & Revised Drainage Calculations October 24, 2012 Present for the Applicant: Steven Eriksen, Norse Environmental Services Mr. Eriksen proposed the revised plan for the installation of the in-ground swimming pool and landscaping features. Comments from the Commission as follows: Ms. Miller read the engineering report. Mr. Hamilton suggested that there be no opening in the fence along the wetland. Ms. Mullins asked if a crane would be used to remove the tree. Mr. Bitsko asked if a picture could be provided of the dead tree. Motion made and seconded to close the hearing, 6-0 in favor (Mr. Langseth was unable to vote due to absence at the last meeting). 9:23 pm Cont. Hearing – NOI, Banks Avenue DEP# 201-858, BL 816 Construction of a new single-family dwelling within the 100-foot Buffer Zone Motion made and seconded to continue the hearing to November 27, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 9:24 pm Informal – Land Use Permit Application Request to use Willard’s Woods fire pit area for evening gatherings throughout the fall Documentation: LUPA Form Present for the Applicant: Joe Rancatore Mr. Rancatore proposed conducting three meetings, one on November 2, November 11, and November 14 from 7:00 p.m. until 11:00 p.m. The meetings will take place around the fire pit in Willard’s Woods with 8-11 people present. Each man is required to bring firewood and a one gallon container of water to extinguish the fire. Comments from the Commission as follows: Mr. Langseth commented that a policy needs to be established by the Conservation Commission for use of Conservation Land. Ms. Miller asked how many cars there would be. Ms. Warren requested clarification of the hours because the original application stated 7 a.m. to 7 p.m. Mr. Kennedy asked what type of material would be burned. Ms. Mullins stated that permits for this type of activity used to be issued by the Recreation Department when they controlled Willard’s Woods. Motion made and seconded to approve the use of Willard’s Woods for November 2, November 11, and November 14, 2012, 7-0 in favor. PENDING MATTERS 9:36 pm Motion made and seconded to approve the plan change for 8 Cutler Farm Road (201-844, BL 802) subject to the submission of the roof drain connection as-built sketch, 7-0 in favor. Motion made and seconded to issue a Certificate of Compliance for 8 Cutler Farm Road (201-844, BL 802), 7-0 in favor. 9:41 pm Motion made and seconded to hear the changes to 97 Hayden Ave, Ledgemont III (201-745, BL 704) as an Amendment to the Order of Conditions, 7-0 in favor. Motion made and seconded to approve the minutes from October 16, 2012 with minor changes, 7-0 in favor. Reports Mr. Kennedy reported that the shed on Middle St. blew away due to Hurricane Sandy and the 1500 foot boardwalk was finished at the Paint Mine. 9:49 pm Motion made by roll call vote to enter executive session under Exemption 6 to discuss the Valleyfield Street property. It is declared that an open session would have a detrimental effect on the Town’s negotiating position. The Commission will not return to open session at the conclusion of executive session. 10:00 pm Motion made and seconded to adjourn the meeting, 7-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant