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HomeMy WebLinkAbout2012-11-27 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, November 27, 2012 7:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Chair Joyce Miller opened the meeting at 7:33 pm in the Parker Room of the Town Office Building. Commissioners Present: Joyce Miller, Jane Warren, Stew Kennedy, Duke Bitsko, Phil Hamilton, Dick Wolk (Arrived at 7:44), and David Langseth (Arrived at 7:36) Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation Department Assistant 7:33 pm Informal – Kite Flying Event at Chiesa Farm May 12, 2013 Documentation: Land Use Permit Application Present for the Applicant: Deb Jackson Ms. Jackson proposed hosting a kite flying event at Chiesa Farm. The free event is open to the public and will take place on May 12, 2013 from 12:00 – 4:00 p.m. This same event was held last year and over 300 people attended. Ms. Jackson stated that Chiesa Farm will be used until 5:00 pm due to cleanup. Comments from the Commission as follows: Mr. Hamilton asked if the kites and bubbles would be sold off of the Conservation Land. Mr. Kennedy commented that this event is a good use of Chiesa Farm and last year it was kept clean. Motion made and seconded to approve the use of Chiesa Farm for a kite flying event from 12:00 p.m. - 5:00 p.m. on May 12, 2013, 6-0 in favor. 7:38 pm Cont. Meeting - RDA, 60 Sherburne Road DET# 12-24 Construction of a covered front porch and landscaping improvements Documentation: RDA Application & Impervious Areas Sheet 11/26/12 Present for the Applicant: No representative or applicant was present. Comments from the Commission as follows: Ms. Miller read the impervious area sheet. Ms. Mullins gave a summary of the new drainage calculations that were submitted. The Commission decided to go on to other hearings before issuing a decision due to no applicant or representative present. 10:36 pm Motion made and seconded to issue a positive determination due to lack of landscaping information, 7-0 in favor. 7:45 pm Cont. Hearing - NOI, Banks Avenue DEP# 201-875, BL 833 Construction of a single-family home within the 100-foot Buffer Zone Documentation: NOI Application, Revised Drainage Calculations and Site Plan 11/20/12 Present for the Applicant: Scott Goddard: Goddard Consulting, LLC Mr. Goddard proposed the construction of a single-family home with all new impervious surfaces being infiltrated. Mr. Goddard gave a brief summary of the new drainage report and narrative, as well as stating that the trench drain will be larger. He summarized the Conservation Commission meeting minutes from May 1992 on 18 Banks Avenue. Comments from the Commission as follows: Ms. Miller asked if only one percolation test was done and where it was conducted. Mr. Langseth asked for an explanation of the new drainage calculations. Mr. Bitsko and Mr. Kennedy asked for clarification on groundwater issues. Mr. Bitsko stated that test pit 10-2 was labeled wrong on the plan and asked if the data affects the 2-foot separation. Ms. Mullins questioned if an organic layer was found in the soil tests. All peat would have to be removed to build the foundation. Mr. Langseth suggested a driveway detail that will warn the homeowner if the drain is not functioning properly, rather than runoff flowing into the street. Susan Adams of 33 Banks Avenue read a letter from the Lexington Heights Concerned Citizens Group dated November 27, 2012. Ms. Adams described the areas near Banks Avenue and issues of flooding that occur. Gary Markowitz of 37 Baker Avenue expressed his concern for the new homeowner about runoff from abutters. Mr. Hamilton stated that the Commission has no jurisdiction to take care of runoff from abutters. Mr. Wolk asked for an explanation of soil and percolation tests. Motion made and seconded to continue the hearing to December 18, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 8:45 pm Cont. 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 & Revised Drainage Calculations and Site Plan 11/20/2012 Present for the Applicant: Scott Goddard: Goddard Consulting, LLC Mr. Goddard proposed the construction of a single-family dwelling with revised drainage calculations and using Feno Survey boundary markers. Comments from the Commission as follows: Mr. Langseth asked if the calculations reflect ex-filtration. Motion made and seconded to close the hearing, 7-0 in favor. 8:53 pm Cont. Hearing - NOI, Route 2 MassDOT DEP# 201-879, BL 837 Routine maintenance and repair of existing drainage structures and roadway embankment at select locations along Route 2 and associated on- ramps and off-ramps within the Bordering Vegetated Wetland, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding, and Riverfront Area Documentation: NOI Application and Proposed Work Area Figures Present for the Applicant: Sean Hale: Epsilon Associates, Inc., Andrea Norton: MassDOT, and Dave Kaplan: Cambridge Water Dept. The Cambridge Water Department was informed of the proposal submitted for drainage maintenance. Mr. Hale and the Cambridge Water Department discussed a sequencing plan to start work down-gradient at site 12 and work up-gradient to site 7 at the driest time period. A visual inspection will be conducted to verify if the pipe is clean. Check dams will be installed to collect sediment and removed when the work is completed. Comments from the Commission as follows: Ms. Miller explained Chip Norton of Cambridge Water Department’s concern about water surge when the structures are cleaned out. Ms. Miller commented that an environmental monitor should be on site at all times to oversee activities. Mr. Langseth agreed that it would be a good idea to hold pre-construction meetings before work takes place at each site. Ms. Norton stated that a resident engineer will be on site recording a daily log of the work conducted. Mr. Kaplan volunteered to be the monitor for the two sites concerning the Cambridge Water Department. Motion made and seconded to continue the hearing to December 18, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 9:18 pm Cont. Hearing – NOI, 13 Sherburne Road DEP# 201-880, BL 838 Construction of a single-family dwelling within the 100-foot Buffer Zone Documentation: NOI Application and Landscaping Plan 11/6/2012, Delineation Field Data Form, Notice of Intent Plan, and Alternatives Analysis 11/26/2012 Present for the Applicant: Ben Osgood: Pennoni Associates, Inc. Mr. Osgood proposed the removal of six trees, a driveway detail to warn the homeowner that the trench drain is clogged, and an alternatives analysis. Comments from the Commission as follows: Ms. Miller commented that if the plan was mirrored and the driveway was constructed on the other side, more trees would be saved. Mr. Bitsko recommended that a planting schedule proposal be submitted. Ms. Miller read the interoffice comments. Motion made and seconded to continue the hearing to December 18, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 9:31 pm Cont. Hearing – NOI, 7 Farm Road DEP# 201-878, BL 836 Construction of an addition to an existing single-family dwelling within the 100-foot Buffer Zone and ‘Previously Developed’ Riverfront Area Documentation: NOI Application and Revised Grading/Drainage Plan and Calculations 11/20/2012 Present for the Applicant: Rich Kirby: LEC Environmental and Al Gala: Gala Simon Associates, Inc. Mr. Gala proposed the revised plan with the elevation data and runoff calculations. Comments from the Commission as follows: Ms. Miller read the engineering report. Ms. Mullins commented that the surveyed plan is missing the conservation restriction on the property. Ms. Miller asked about the wetland boundary. Ms. Mullins requested an explanation of the electric/water line and stated that the plan does not accurately delineate the floodplain elevation. Motion made and seconded to close the hearing, 7-0 in favor. 9:49 pm Cont. Hearing – NOI, 5 Tavern Lane DEP# 201-877, BL 835 Construction of an addition to an existing single family dwelling within the 100-foot Buffer Zone Documentation: NOI Application and Updated Drainage Calculations 11/15/2012 Present for the Applicant: Scott Smyers: Oxbow Associates, Inc. Mr. Smyers proposed construction of an addition to an existing single- family dwelling within the 100-foot Buffer Zone. Comments from the Commission as follows: Ms. Mullins stated there was a filing in 2002 showing the elevation at a higher level and the wetland is not delineated. Mr. Langseth commented that the 1 year volume and 100 year rate need to be documented. Motion made and seconded to close the hearing with no approval of the wetland boundary, 7-0 in favor. 9:54 pm Hearing – NOI, 80 Bloomfield Street DEP# 201-881, BL 839 Construction of an addition to an existing single family dwelling and associated work within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Scott Smyers: Oxbow Associates, Inc. and Andrew Dixon: Homeowner Mr. Smyers proposed working up to the 50-foot Buffer with construction of the deck and addition. All other work is located outside of the 50-foot Buffer. He stated that the wetland is located off of the back corner. Comments from the Commission as follows: Ms. Miller read the engineering report and interoffice comments. Mr. Langseth commented that no major grading of the driveway is proposed and the new impervious surface needs to meet performance standards. Ms. Mullins asked for an explanation of the garage and stated that the new driveway needs to be 5 feet away from the lot line. Motion made and seconded to continue the hearing to December 18, 2012 at 7:30 p.m. at the request of the applicant, 7-0 in favor. 10:10 pm Hearing – NOI, 197 East Street DEP# 201-882, BL 840 Construction of an addition to an existing single family dwelling and to seek ‘after-the-fact’ approval for construction of a wooden deck within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Rich Kirby: LEC Environmental, Al Gala: Gala Simon Associates, Inc., and Frederick and Jennifer Bermont Mr. Kirby proposed a deck that was constructed two years ago without approval, relocation of a shed that is within the 25 foot no disturbance zone, and native plantings. Mr. Kirby stated that the 244 square foot deck is located in the 50 foot Buffer Zone and the stormwater management that accompanies the deck is an improvement for the land. The deck is 36 feet away from the wetlands and the shed is 29 feet away from the wetlands. Comments from the Commission as follows: Ms. Miller read the engineering report and the interoffice comments. Mr. Langseth asked if the applicants constructed the porch and the deck. Mr. Hamilton stated that the location of the shed is problematic. Mr. Langseth agreed with Mr. Hamilton and commented that the neighbors shed is also located in the wetlands. Ms. Warren agrees with the restoration plan. Mr. Bitsko stated that the stormwater management and mitigation are improvements, but the Commission does not allow concrete bounds to be placed at the wetland line. Mr. Kirby submitted a revised grading/drainage plan dated 11/27/2012. The Commission reviewed and accepted the modified plan with mitigation. Motion made and seconded to close the hearing, 7-0 in favor. PENDING MATTERS 10:38 pm Plan Change Request: 2013 & 2027 Mass Ave, Inn at Hastings Park, DEP# 201-837, BL 795 Gary Larson and Lou Perez described the changes to the plan. Comments from the Commission as follows: Mr. Langseth commented that the refrigerant will evaporate if it leaks out of the air handling unit, but oil will just leak. There should be a 4” lip on the air handling unit for containment if it leaks. Motion made and seconded to approve the plan change request for 2013 & 2027 Mass Ave, 7-0 in favor. 10:43 pm Motion made and seconded to approve the FY 2014 Budget Update: Approve $5,875 PIR for ACROSS Lexington Project, 7-0 in favor. 10:47 pm Compliance Discussion: 25 Robinson Road, DEP# 201-831, BL 789 Patio Expansion Modification Motion made and seconded to approve construction of a larger patio and infiltration system with Buffer Zone planting plan, 7-0 in favor. 10:50 pm Motion made and seconded to issue an Amended Order of Conditions: 97 Hayden Ave, Ledgemont III Project, DEP# 201-745, BL 704, 7-0 in favor. Motion made and seconded to issue a Certificate of Compliance: 19 Ledgelawn Avenue, DEP# 201-848, BL 806, 7-0 in favor. Motion made and seconded to issue an Order of Conditions: 39 Middleby Road, DEP# 201-875, BL 833, 7-0 in favor. Motion made and seconded to issue an Order of Conditions: 7 Farm Road, DEP# 201-878, BL 836, 7-0 in favor. The Commission discussed activities on abutting properties referred to as Lot 5 and Silk Fields LLC. Motion made and seconded to issue an Enforcement Order, 7-0 in favor. Motion made and seconded to issue an Order of Conditions: 197 East Street, DEP# 201-882, BL 840, 7-0 in favor. Reports th Mr. Wolk reported that the Commission party would be on January 19. Motion made and seconded to approve the minutes from November 13, 2012 with minor changes, 7-0 in favor. 10:57 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 November 13, 2012, 7-0 in favor. 11:00 pm Motion made and seconded to adjourn the meeting, 7-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant