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