HomeMy WebLinkAbout2013-02-12 CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday, February 12, 2013
7:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue
Chair Joyce Miller opened the meeting at 7:34 pm in the Parker Room of the Town
Office Building.
Commissioners Present: Joyce Miller, Jane Warren (Arrived at 7:48), Stew Kennedy,
Duke Bitsko, Phil Hamilton, and David Langseth (Arrived at 7:36)
Commissioners Absent: Dick Wolk
Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi,
Community Development Department Assistant
7:35 pm Cont. Hearing – NOI, 10 Vaille Ave
DEP# 201-864, BL 822
Demolition and construction of a new single-family dwelling within the
100-foot Buffer Zone
Documentation: NOI Application 6/20/2012, Proposed Site Plan Revised
1/28/2013, Planting Plan 2/7/2013, Proposed Site Plan 2/7/2013, and
Uniterra Letter 2/7/2013
Present for the Applicant: Zoltan Juhasz, Uniterra Consulting, LLC and
David Moore, Homeowner
Mr. Moore presented the updated plan, revised drainage calculations, and
wetland enhancement plan that the Commission requested.
Comments from the Commission as follows:
Mr. Hamilton stated that his notes corresponded with Mr. Moore’s
summary of the information that was needed for this hearing.
Motion made and seconded to close the hearing, 4-0 in favor.
7:36 pm Cont. Hearing - NOI, Minuteman Commuter Bikeway
DEP# 201-886, BL 845
Culvert replacement project within Bank, Bordering Vegetated Wetland
and their 100-foot Buffer Zones
Documentation: NOI Application and Plan 1/9/2013, Additional
Information 2/7/2013
Present for the Applicant: Mike Carter, GCG Associates
Mr. Carter stated that a follow-up letter with stream crossing and the
staging area was submitted for review.
Comments from the Commission as follows:
Mr. Kennedy commented that information regarding staging was
sufficient.
Motion made and seconded to close the hearing, 5-0 in favor.
7:39 pm Cont. Hearing – NOI, 4 Turning Mill Road
DEP# 201-876, BL 834
Construction of an addition within the 100-foot Buffer Zone
Documentation: NOI Application and Plan 10/10/2012, Narrative and Plan
11/9/2012, Invasive Species Management, Planting Plan, Revised
Drainage Calculations, and Plan 2/7/2013
Present for the Applicant: Rich Kirby, LEC Environmental and Victor
Vizgaitis, Homeowner
Mr. Kirby gave a brief description of the addition and stated that the
closest point would be 40’ away from the wetland boundary. He explained
that all runoff from the dwelling and addition would be infiltrated. Mr.
Kirby submitted a planting plan that included invasive species removal by
hand.
Comments from the Commission as follows:
Mr. Langseth asked where drip edge and downspouts would be used. Mr.
Vizgaitis explained that drip edge would only be used in one spot located
3’ away from the house. He stated that all other locations would use
downspouts. Mr. Langseth voiced concern about the velocity of runoff
from the roof and asked if the engineer could calculate how far out the
runoff would shoot out to prove that the width of the drip edge is
adequate. Ms. Miller read the engineering report. Mr. Bitsko states that the
enhancement plan was sufficient and no seed mix would be required for
this site. Mr. Langseth commented that there are only drainage
calculations for the 100-year storm event and the other storm events need
calculations. Mr. Kennedy stated that this plan is an improvement from the
previous one.
Motion made and seconded to continue the hearing to February 26, 2013
at the request of the applicant, 5-0 in favor.
7:49 pm Hearing – NOI, 9 Vine Brook Road
DEP# 201-890, BL 849
Demolition and construction of a new single-family dwelling within the
100-foot Buffer Zone
Documentation: NOI Application and Plan 1/23/2013, Revised Plan
submitted at the meeting on 2/12/2013
Present for the Applicant: Ian Rubin, Markey & Rubin, Inc. and Scott
Goddard, Goddard Consulting, LLC
Mr. Rubin presented the revised plan. Mr. Goddard gave a summary of the
letter that was submitted and his findings of vegetation characteristics in
the area. He stated that there are no wetlands on site, as well as no
wetlands off site within the 25-foot boundary line.
Comments from the Commission as follows:
Ms. Miller commented that there is no wetland line presented and no soil
logs were done. Ms. Miller read the engineering report. Mr. Langseth
questioned the driveway trench detail. Mr. Rubin stated that the driveway
detail is on the plan. Mr. Kennedy commented that the pre-conditions for
impervious surface were calculated incorrectly based on regulations. Ms.
Mullins asked where the soil samples were taken from and commented
that the horizon layers need to be labeled on the plan. Ms. Mullins
explained that a few of the Commissioners were able to do a site visit with
Mrs. Schadler from the Conservation office. Their comments consisted of
there being a fair number of red maples in the area and there was no
herbaceous layer to give a sense of wetlands.
Frank Carney of 5 Vine Brook Road voiced his concern about the location
of the underground system and the impacts that it would have on his
house.
Laurence Tropeano, an abutter to the rear of 9 Vine Brook Road,
welcomed his property to be reviewed for the wetland delineation. He
asked what kind of impact the system for mitigation would have on his
property and commented that he is in favor of this project.
It was strongly urged by the Commission and Administrator that the
applicant continue to the meeting on March 12, 2013 due to snow cover
and review of the wetland for vegetation and soils. Ms. Mullins stated that
continuing to the next meeting on February 26, 2013 is unrealistic due to
the snow cover and that she would be on vacation next week and unable to
follow up on the wetlands boundary.
Motion made and seconded to continue the hearing to February 26, 2013
at the request of the applicant, 6-0 in favor.
8:17 pm Hearing – NOI, 61 Solomon Pierce Road
DEP# 201-888, BL 847
Demolition and construction of a new single-family dwelling and site
appurtenances within the 100-foot Buffer Zone
Documentation: NOI Application and Plan 1/24/2013
Present for the Applicant: Rich Kirby, LEC Environmental, Al Gala, Gala
Simon Associates, Inc. and Nicholas Delegas, Homeowner
Mr. Kirby presented the plan in which the home would be larger and
expand to the east and north. He stated that no work would be located
within the 25-foot no disturb zone. Mr. Kirby said that the deck would be
replaced with a patio and there would be some grading in the area for the
stormwater systems. Mr. Kirby proposed to let the conservation restricted
areas to revert to natural vegetation by letting them go fallow. Mr. Kirby
explained that on the site visit there were invasive species noted and LEC
Environmental submitted a letter describing the removal of the invasives
by hand.
Comments from the Commission as follows:
Mr. Kennedy asked for clarification on the location of the conservation
restriction. Mr. Hamilton questioned the setbacks for the proposed
dwelling. Mr. Kirby stated that it is 50’ from the foundation and closer
from the overhang. Ms. Mullins clarified the Commission’s interpretation
of setbacks. Ms. Miller read the engineering report. Mr. Langseth
questioned the driveway trench detail. Mr. Bitsko asked for bounds
markers along the conservation restriction line. Ms. Warren voiced her
concern about letting the lawn go fallow because invasive species may
migrate in. Mr. Kirby explained the management plan would occur once a
year for removing invasive species by hand. Mr. Kennedy asked how
many years it would take for the invasive species to be completely
removed from the area. Mr. Kirby answered by saying it was indefinite.
Mr. Hamilton gave a summary of the information the applicant needs to
provide for the next meeting; a trench drain design for the driveway,
consideration of planting native species in the area, and adding bounds
markers along the conservation restriction line.
The Commission had a discussion about roof overhang and minimal
design encroachment by overhang. It could be treated as non-conforming,
but due to minor nature and extensive mitigation, it may be acceptable.
Ms. Miller asked that they visit and remove the cantilever.
Motion made and seconded to continue the hearing to February 26, 2013
at the request of the applicant, 6-0 in favor.
8:41 pm Hearing – NOI, 123 Maple Street
DEP# 201-889, BL 848
Demolition and construction of a new single-family dwelling within the
100-foot Buffer Zone and 200-foot Riverfront Area
Documentation: NOI Application and Plan 1/23/2013, Revised Plan
1/25/2013, Planting List 2/12/2013
Present for the Applicant: Karon Skinner Catrone, Wetland Consultant and
Steve Pool, Lakeview Engineering Associates
Ms. Catrone presented the plan for demolition and construction of a new
single-family dwelling. She stated that there will be 1,072 square feet of
additional impervious surface, three drywells, and all trees on site will be
undisturbed. Ms. Catrone commented that there will be plantings along the
Bordering Vegetated Wetland and the shed located in the rear of the
property will be removed.
Comments from the Commission as follows:
There was a brief discussion about roof overhang not showing on the plan
and setbacks. Ms. Miller read the engineering report. Mr. Kennedy asked
where the nearest point of the building was located to the wetlands. Ms.
Catrone stated that it is 50 feet away from the foundation of the dwelling.
Mr. Kennedy commented that the existing house is slightly closer and
there are leaf dump piles and red maple trees in the area. Ms. Mullins
asked how it was determined whether wetlands were in the area. Ms.
Catrone stated that she conducted her tests underneath the compost piles.
Mr. Bitsko suggested that more test pits be done. Feno marker information
was given to Ms. Catrone. Mr. Langseth asked for a trench drain detail for
the driveway to warn the homeowner that it is clogged. Mr. Langseth
commented that in the drainage calculations there is a label for 1 inch and
it should be 1 year. Mr. Hamilton gave a summary of the information that
needs to be provided at the next meeting; a test pit closer to the wetlands,
bounds markers, overhang provided on the plan, a driveway trench detail,
and the location of the dwelling needs to be at least more than 51’ away
from the wetlands.
Motion made and seconded to continue the hearing to February 26, 2013
at the request of the applicant, 6-0 in favor.
8:58 pm Hearing – NOI, 119 Grant Street
DEP# 201-887, BL 846
Construction of a 222 sq. ft. addition and replacement of the existing
bituminous concrete driveway with a porous asphalt surface within the
100-foot Buffer Zone and 200-foot Riverfront Area
Documentation: NOI Application and Plan 1/23/2013
Present for the Applicant: John Noonan, Noonan & McDowell, Inc. and
Donald and Lynne Yansen, Homeowners
Mr. Noonan described enlarging the bath area that is located over the
existing deck. A three season room will be constructed with three
sonotubes, which will be dug by hand. Crushed stone is located below the
deck and the driveway was removed and replaced with a porous asphalt
surface. Mr. Noonan gave a summary of the history of the property. He
stated that the order of conditions in 1997 was not recorded at the Registry
of Deeds and a certificate of compliance was never issued.
Comments from the Commission as follows:
Ms. Mullins reported that no as-built plan or drainage was submitted in
1997. Mr. Langseth commented that if the downspouts face inward
underneath the deck, future homeowners may think that they are
assembled incorrectly and turn them around. Mr. Noonan stated that he
would test the porous asphalt driveway for drainage purposes. Ms. Mullins
commented that the plan doesn’t accurately delineate the FEMA
floodplain zone. Mr. Langseth read the engineering report.
Motion made and seconded to close the hearing, 6-0 in favor.
PENDING MATTERS
9:27 pm Ranger Position Discussion
Ms. Mullins gave a report of the ranger position stating that it is in the
budget for $12,000 for approval. The Commission discussed raising dog
license fees as well as permit fees, but that the raising of fees should not
cover the entire cost for the ranger. Mr. Hamilton will work on drafting a
memo with Ms. Mullins.
9:13 pm Motion made and seconded to issue a Certificate of Compliance:
Lexington Christian Academy, 48 Bartlett Avenue, BL 383 Only, 6-0 in
favor.
Motion made and seconded to resign a Partial Certificate of Compliance:
121 Concord Ave DET# 00-2, 113/115 Concord Ave, 6-0 in favor.
Motion made and seconded to issue an Order of Conditions: Minuteman
Commuter Bikeway, DEP# 201-886, BL 845
Comments on Town Meeting Warrant Articles: Zoning Bylaw
Amendments-Removal of Wetland Protection District, Section 145-43A
and Stream and Pond Setbacks, Section 135-40
The Commission discussed the Zoning Bylaw Amendment for removal of
the Wetland Protection District, Section 145-43A. They determined that it
adds more protection to the land and it should not be removed. The
Commission requested that the Planning Board attend a conservation
meeting for further explanation of wanting to remove it. The Commission
stated that the Stream and Pond Setbacks, Section 135-40 is duplicative of
the Wetland Protection Act (M.G.L. Ch. 131, s. 40).
Site Visits
The Commission scheduled site visits for Saturday, February 23, 2013 at
9:30 a.m.
9:31 pm Motion made and seconded to adjourn the meeting, 6-0 in favor.
Respectfully submitted,
Michelle Tassi
Conservation Department Assistant