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Home My WebLink About2012-12-18 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, December 18, 2012 7:30 P.M. 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 Office Building. Commissioners Present: Joyce Miller, Jane Warren, Stew Kennedy, Duke Bitsko, Phil Hamilton, Dick Wolk (Arrived at 8:00) and David Langseth Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Conservation Department Assistant 7:36 pm Meeting – RDA, 31 Highland Avenue DET# 12-25 Demolition of existing dwelling, driveway, and walkways Documentation: RDA Application Present for the Applicant: Brian Timm, Meridian Associates, Peter and Ann Lambertus, Homeowners Mr. Timm proposed the demolition of a single family dwelling and driveway. The disturbed area will be loamed and seeded. Hay bales and a silt fence will be used for erosion controls. Comments from the Commission as follows: Mr. Kennedy asked if fill would be placed where the foundation was removed. Mr. Hamilton questioned if part of the driveway was remaining. Mr. Bitsko asked what time of year the work is being done. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 7:42 pm Re-open Meeting - RDA, 60 Sherburne Road DET# 12-24 Construction of a covered front porch and landscaping improvements Documentation: RDA Application, Impervious Data Sheet 12/6/12, and Planting Plan 12/14/12 Present for the Applicant: Michael Coutu and Ryan Macomber, Sudbury Design Group, Al Gala, Gala Simon Associates, Inc. and Hari and Susan Polansky, Homeowners Comments from the Commission as follows: Ms. Miller read that the applicant provided drainage calculations for the 2, 10, and 100 year rates, as well as the 1 year volume, an impervious surface table of calculations, and planting details. Mr. Kennedy commented that the planting plan looked great. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 7:47 pm Re-Open Hearing - NOI, 4 Turning Mill Road DEP# 201-876, BL 834 Construction of an addition within the 100-foot Buffer Zone Documentation: NOI Application, Narrative, and Proposed Plan 12/13/12 Present for the Applicant: Richard Kirby, LEC Environmental and Victor Vizgaitis, Homeowner Mr. Kirby proposed construction of an addition that will be 40’ away from the wetland boundary. 150 sq. ft of the addition will be located in the 50’ Buffer Zone. Mr. Kirby stated invasive species management would be conducted and a restoration plan would follow with native plantings. Comments from the Commission as follows: Mr. Hamilton commented that he wouldn’t rule this proposal out because of the unique way the house is sited and the mitigation included in the plan. Mr. Langseth agreed with Mr. Hamilton. Ms. Miller disagreed with this proposal because half of the addition would be located within the 50’ Buffer Zone. Motion made and seconded to continue the hearing to January 15, 2013 at 7:30 pm at the request of the applicant, 6-0 in favor. 8:04 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, Existing Conditions Plan 12/11/12, and Drainage report 12/11/12 Present for the Applicant: Ian Rubin, Markey & Rubin, Inc. Mr. Rubin proposed a narrowed driveway entrance with a burm on both sides. He gave an explanation of the percolation tests and new drainage calculations. Comments from the Commission as follows: Ms. Miller read that the applicant provided the 2, 10, and 100 year rates, updated percolation rates, and the driveway detail showing the homeowner will be able to see if the drain becomes clogged. Mr. Langseth asked for an explanation for no percolation test being conducted. Mr. Wolk stated that the neighbors already have flooding that occurs and when fill is added to the area it will make flooding worse. Mr. Kennedy asked for an explanation of the soil logs. Jim Anderson of 17 Tucker Ave commented that it is illogical to add fill because it will not improve the area. Susan Adams of 33 Banks Ave described the pipe that runs along the side of the LexHab House near a stream. Gary Markowitz of 37 Baker Ave presented photographs of where the soil samples were taken as well as minutes on the LexHab House from the Conservation Commission meeting in 1992. Mary Briggs of 32 Ames Ave stated that she appreciated the attention the Commission has given to the neighbors and she feels the flooding would be worse after the completion of this project. John Holland of 32 Ames Ave asked the Commission their thoughts on whether the flooding in the area would be worse as a result of this project. Mr. Hamilton commented that the Conservation Commission only has jurisdiction on this project and not runoff from the abutters. Mr. Bitsko stated that filling can legally occur because the property is not in the 100 year flood plain and he explained soil profiles. Motion made and seconded to close the hearing, 7-0 in favor. 9:05 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 & Supplemental Information 12/11/12 Present for the Applicant: Sean Hale, Epsilon Associates, Inc. and Andrea Norton, MassDOT Comments from the Commission as follows: Ms. Miller read that the applicant provided information on a sequencing plan, working downstream to upstream, verification of pipes, an environmental monitor, stabilization measures, and timing of work. Motion made and seconded to close the hearing, 7-0 in favor. 9:08 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, Notice of Intent Plan 12/17/12, and Revised Plan Letter 12/17/12 Present for the Applicant: Ben Osgood, Pennoni Associates, Inc, Jason Brickman, Contractor, and William Woo, Homeowner Mr. Osgood proposed raising the foundation to eliminate the need for a foundation drain. Comments from the Commission as follows: Ms. Miller read the letter from Mr. Osgood regarding the raising of the foundation to eliminate the need for a foundation drain. Ms. Miller stated that a planting plan and alternatives analysis were provided for this hearing by the applicant. Motion made and seconded to close the hearing, 7-0 in favor. 9:12 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, Revised Calculations and Proposed Site Plan 12/13/12 Present for the Applicant: Scott Smyers, Oxbow Associates, Inc. and Andrew Dixon, Homeowner Comments from the Commission as follows: Mr. Langseth commented that the runoff calculations only show the 100- year storm for the driveway. The calculations for the 2 and 10 year rates need to be provided, as well as the 1 year volume. Mr. Bitsko discussed the riprap basin and asked the purpose. Mr. Langseth suggested constructing a rain garden instead of a riprap basin. Motion made and seconded to close the hearing, 7-0 in favor. 9:23 pm Hearing – NOI, 5 Cooke Road BL 842 Demolition and construction of a new single-family dwelling and associated work within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Al Gala, Gala Simon Associates, Inc, Scott Smyers, Oxbow Associates, and Richard & JoAnn Clair, Homeowners Mr. Smyers proposed the demolition and construction of a new single- family dwelling and associated work. Comments from the Commission as follows: Ms. Miller read the engineering report. Mr. Langseth asked if the 1 year volume calculation was submitted and stated that a driveway detail needs to be provided to warn the homeowner that the drain is clogged. Mr. Bitsko questioned the amount of mature oak trees that would be removed due to re-grading. Mr. Kennedy requested that bound markers be put up and the location of the shed needs to be moved. Motion made and seconded to continue the hearing to January 15, 2013 at 7:30 pm at the request of the applicant, 7-0 in favor. 9:39 pm Hearing – NOI, 19 Wellington Lane Ave DEP# 201-883, BL 841 Construction of an addition to an existing single-family dwelling within the 100-foot Buffer Zone Documentation: NOI Application Present for the Applicant: Zoltan Juhasz, Uniterra Consulting LLC, Steven Eriksen, Norse Environmental, and James Flynn, Applicant Mr. Juhasz proposed construction of an addition to an existing single- family dwelling. He stated that hay bales and a silt fence will be used for erosion control. Mr. Juhasz proposed markers for the no disturb zone. Comments from the Commission as follows: Mr. Kennedy commented that the plan was not stamped by an engineer. Mr. Langseth suggested no overnight stockpiling. Ms. Miller read the engineering report. Ms. Mullins asked for abandoned lawn and garden details. Motion made and seconded to close the hearing, 7-0 in favor. PENDING MATTERS 9:51 pm Ms. Mullins gave a brief description of 119 Concord Ave. She stated that determinations used to be recorded at the registry of deeds and this property was split into two lots, requiring a certificate of compliance for each. Ms. Mullins updated the Commission that 121 Concord Ave is partially in compliance, but 119 Concord Ave is not in compliance. Fred Conroy, Attorney, Nick Havan, Engineer, and George Kazazian, Homeowner were present for this discussion. 9:55 pm Motion made and seconded to issue a partial certificate of compliance for 121 Concord Ave, DET# 00-2, 113/115 Concord Ave, 7-0 in favor. 10:09 pm Motion made and seconded to issue an Extension Permit for 1 year for 22 Middle St. DEP# 201-779, BL 739, 7-0 in favor. Motion made and seconded to issue an Emergency Certificate for Lincoln Field, Map 42, Lot 1, 7-0 in favor. Motion made and seconded to issue an Emergency Certificate for the right of way known as Wood Street at the intersection of Old Massachusetts Avenue, 7-0 in favor. Motion made and seconded to issue an Emergency Certificate for Parker Meadow Conservation Land, Map 64, Lot 143, 7-0 in favor. Motion made and seconded to acquire the Valleyfield Street property, Map 24, Parcel 40 for the sum of $15,000, 7-0 in favor 10:19 pm Motion made and seconded to approve the minutes from January 24, 2012, 7-0 in favor. Motion made and seconded to approve the minutes from February 7, 2012, 7-0 in favor. Motion made and seconded to approve the minutes from April 3, 2012, 7-0 in favor. Motion made and seconded to approve the minutes from April 17, 2012, 7-0 in favor. Motion made and seconded to approve the minutes from June 19, 2012, 7-0 in favor. Motion made and seconded to approve the minutes from November 27, 2012 with minor changes, 7-0 in favor. Motion made and seconded to approve the minutes from December 4, 2012, 7-0 in favor. 7:57 pm Motion made and seconded to sign the quitclaim deed for Wright Farm, 6-0 in favor. Motion made and seconded to sign the notice of grant of option for Wright Farm, 6-0 in favor. Motion made and seconded to sign the indemnification agreement for Wright Farm, 6-0 in favor. Motion made and seconded to sign the grant of option agreement for Wright Farm, 6-0 in favor. All Wright Farm Acceptance of Deeds and required paperwork for closing was notarized by Donna Hooper from the Town Clerk’s Office. 10:30 pm Motion made and seconded to adjourn the meeting, 7-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant