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HomeMy WebLinkAbout2013-02-26 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, February 26, 2013 7:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Chair Joyce Miller opened the meeting at 7:31 pm in the Parker Room of the Town Office Building. Commissioners Present: Joyce Miller, Jane Warren, Stew Kennedy, Phil Hamilton, Dick Wolk, and David Langseth (Arrived at 7:36) Commissioners Absent: Duke Bitsko Others Present: Michelle Tassi, Community Development Department Assistant 7:42 pm Meeting – RDA, Tower Park off Mass Ave DET# 13-04 Construction of a retaining wall, site grading, and appurtenances related to construction of Antony Park within the 100-foot Buffer Zone Documentation: RDA Application 1/30/13, Antony Park Plan, Grading Plan, and Planting Plan 2/26/13 Present for the Applicant: Dawn McKenna, Lexington Tourism Committee Ms. McKenna proposed construction of a retaining wall, site-grading, installation of three wooden benches, planting of 14 new trees and native plantings. Comments from the Commission as follows: Ms. Miller commented that there is a great deal of protection in the area of work from the Buffer Zone. Mr. Kennedy asked Ms. Warren if she looked at the planting plan for any invasive species. Ms. McKenna stated that the Columnar Hornbeam is not native to the area, but that the native species does not take well. Ms. Warren stated that the roses are not native either, but there are no invasive species on the list. Mr. Langseth questioned the existing grading vs. the proposed grading on the plan. He stated that he was having trouble seeing the difference between existing and proposed. Mr. Langseth asked if this area was located within the floodplain. Ms. McKenna told him that she met with Karen to discuss any issues and the floodplain was not one of them. Diane Biglow of 15 Bellflower Street commented that the color plan shows grading and asked for clarification on what the Commission was looking for on the plan. The Commission stated that a condition be made that the applicant needs to submit a plan distinguishing the existing vs. proposed grading. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 8:00 pm Meeting - RDA, 142 Marrett Road DET# 13-01 Demolition of an existing single-family dwelling within the 100-foot Buffer Zone Documentation: RDA Application and As Built Plan 1/30/13 Present for the Applicant: John Moriarty, Homeowner Mr. Moriarty proposed the demolition of the existing single-family dwelling on his property. He described the excavation for the underground oil tank and the removal of the septic tank. Mr. Moriarty explained that his land would be used for agricultural use. Comments from the Commission as follows: Mr. Langseth asked how Mr. Moriarty would know that clean fill is being used on his property. Mr. Moriarty explained that the fill would be purchased sand as well as rocks and leftover fill from the property. Mr. Langseth questioned what would be used for short-term stabilization for erosion issues. Mr. Moriarty stated that he would use cover crop immediately so the land would not sit bare for a long period of time. Ms. Miller asked about the fence that was constructed on town property and if it was going to be removed. Mr. Moriarty commented that he would like to explore the topic of leasing the land from the town. The Commission stated that a condition be made that the applicant use cover crop immediately for erosion control. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 8:07 pm Meeting – RDA, 11 Bellflower Street DET# 13-02 Removal of trees within the 100-foot Buffer Zone Documentation: RDA Application 1/31/13 Present for the Applicant: Brad Forringer, Homeowner Mr. Forringer stated to the Commission that he is a new Lexington resident and first time home owner. He wants to take the correct steps for any project on this property. Mr. Forringer proposed the removal of three trees. Comments from the Commission as follows: Mr. Langseth asked the reasoning behind wanted to remove three healthy trees. Mr. Forringer explained that he had three young children and there are safety issues with the overhead wires. He also stated that he has future plans for driveway expansion. Mr. Langseth commented that the trees are at least 50’ away from the wetlands. Mr. Kennedy said that trees are being taken out all over Lexington and the tree bylaw and tree warden protect them. Removing a big oak tree may require many small plantings for replacement. Diane Biglow of 15 Bellflower Street commented that two large trees fell on her house and she sympathizes with the homeowner for need of a driveway. Richard Vendetti of 117 Adams Street commented that a large tree fell onto his neighbor’s house and wanted the Commission to keep in mind that trees do die eventually. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 8:18 pm Meeting – RDA, 117 Adams Street DET# 13-03 Removal of trees within the 100-foot Buffer Zone Documentation: RDA Application 2/6/13 Present for the Applicant: John Jepson, Jepson Contracting and Noemia and Richard Vendetti, Homeowners Mr. Jepson proposed construction of an open porch on the front of the house with no roof. Currently, a set of stairs exist on the front of the house that are 6’ wide. The proposed open porch will come out 6’ and be built straight across. Comments from the Commission as follows: Mr. Langseth asked if the stairs were going to be removed. Mr. Jepson stated that the stairs would be removed and filled in. Ms. Miller asked if there were spaces between the boards of the porch. Mr. Jepson commented that the boards are 3” apart with crushed stone underneath. Mr. Kennedy commented that the spoil piles should be kept away from the wetlands. Ms. Miller asked if the project was all set with the zoning department and Mr. Jepson responded by saying yes. Mr. Langseth suggested that Mr. Jepson meet with Karen to discuss the minimum thickness of crushed stone underneath the open porch and that it should be listed as a condition. Motion made and seconded to issue a negative determination with conditions, 6-0 in favor. 8:26 pm Cont. 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, Revised Vegetation Management Plan, Drainage Calculations, and Grading/Drainage Plan 2/25/13 Present for the Applicant: Rich Kirby, LEC Environmental, Al Gala, Gala Simon Associates, Inc. and Nicholas Delegas, Homeowner Mr. Kirby explained the revised management plan stating that the land would be tilled and seeded with flower mixes and Conservation wildlife mix. Mr. Kirby described the planting of shrubs and native species in the area. He explained to the Commission that the basement elevation was lowered by .6’ to comply with building height regulations. The building including the overhang is 49.9’ away from the wetlands. Comments from the Commission as follows: Ms. Miller read a summary of information that was needed from the previous hearing: the driveway trench drain detail, consideration of planting native species in the area, and bounds markers placed along the conservation restriction line. Mr. Langseth read the engineering report. Mr. Langseth asked about the inspection ports for the infiltration chambers. Mr. Gala explained the inspection ports and stated that the infiltration chamber was expanded horizontally and vertically. Ms. Warren asked if native species would be planted in the conservation restriction area. Mr. Kirby answered by referring to the vegetation management plan. Motion made and seconded to close the hearing, 6-0 in favor. 8:32 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, Narrative, and Proposed Plan 12/13/12 Motion made and seconded to continue the hearing to March 12, 2013 at the request of the applicant, 6-0 in favor. 8:32 pm Cont. 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 2/12/2013, Proposed Site Plan 2/19/13, and Wetland Border Report 2/26/13 Present for the Applicant: Ian Rubin, Markey & Rubin, Inc. and Scott Goddard, Goddard Consulting, LLC Mr. Rubin described the next soil tests that were conducted next to the existing driveway. He explained that the impervious surface drainage calculations were corrected and revised. Mr. Goddard stated that the neighboring property owner allowed access to his property to delineate the wetland line. He explained that no wetland vegetation was visible in the herbaceous layer on the lot. Mr. Goddard showed that the corner of the garage was located within the 50’ Buffer Zone. Comments from the Commission as follows: Ms. Miller read a summary of information that was needed from the previous hearing: delineation of the wetland line, soil logs and tests, and revised pre-condition impervious surface calculations. Ms. Miller commented that the Commission needs to approve the wetland line and snow can change the colors of soil samples. Mr. Goddard replied by saying that he looks at the depth of the fill material. Ms. Miller asked if the overhang was shown on the plan and Mr. Rubin replied that it is not shown. Mr. Hamilton had concerns about the delineation of the wetland line because the Commission did not walk it themselves. Ms. Miller stated that the Commission needs permission from the neighbor to walk their property. Mr. Wolk asked about side setbacks and if they are from the overhang or the foundation of the building. Mr. Rubin replied that side setbacks are 10’ and it goes to the overhang of the building. Mr. Langseth questioned the overflow from the infiltration chamber and stated that the Commission does not normally allow it. Mr. Rubin replied by saying that the 100 year storm may cause there to be an overflow, but it can be changed on the plan. Mr. Langseth asked for clarification on the driveway trench drain detail. Ms. Tassi stated that written permission needs to be recorded from the neighbor to allow the Commission access on his property. Ms. Miller read the engineering report. The Commission will schedule a site visit for 9 Vine Brook Road on March 9, 2013. Motion made and seconded to continue the hearing to March 12, 2013 at 7:30 pm at the request of the applicant, 6-0 in favor. 8:41 pm Cont. 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, Supplemental Information, Revised Drainage Calculations, and Proposed Site Plan 2/21/2013 Present for the Applicant: Karon Skinner Catrone, Wetland Consultant, Steve Pool, Lakeview Engineering Associates and Dan Goguen, Builder Ms. Skinner Catrone stated that 6 bounds markers were installed, a planting plan was submitted, and the house was moved forward 1’ and is now 51.1’ away from the wetlands. Mr. Pool explained where and when the new test put was done. Comments from the Commission as follows: Ms. Miller read a summary of information that was needed from the previous hearing: a test pit done closer to the wetlands, bounds markers installed, overhang provided on the plan, driveway trench drain detail on the plan, and the location of the dwelling further than 51’ away from the wetlands. Mr. Langseth commented that the surface grades need to be shown on the plan. Ms. Miller asked how far away the house was from the wetlands and zoning setbacks. Mr. Pool replied by stating the house was 51.1’ away from the wetlands. Mr. Kennedy asked for clarification on the meaning of no disturbance survey markers. Ms. Skinner Catrone stated that the bounds markers were the FENO survey markers supplied by the Commission at the previous hearing. Mr. Hamilton asked Mr. Langseth if the driveway detail could be listed as a condition. Mr. Langseth replied saying that he would feel comfortable allowing it to be a condition because the driveway is relatively flat. Ms. Miller read that there were no comments from the engineering report. The Commission stated that a condition be made that a plan needs to be submitted with a driveway trench drain detail before work begins. Motion made and seconded to close the hearing, 6-0 in favor. 8:57 pm Hearing – Amended Order of Conditions, 38 Adams Street DEP# 201-819, BL 777 Construction of a single-family dwelling within the 100-foot Buffer Zone Documentation: Memorandum, Revised Drainage Calculations, and Site Plans C1-C4 1/30/2013 Present for the Applicant: Ken Knowles, Eaglebrook Engineering and Survey, LLC, Colin Flavin, Flavin Architects, Howard Raley, Flavin Architects and Ric and Jane Fulop, Homeowners Mr. Knowles proposed impervious surface changes at 38 Adams Street. There was a reduction of 202 square feet of impervious surface in the 0- 25’ Buffer Zone, a reduction of 95 square feet of impervious surface in the 25’-50’ Buffer Zone, and an increase of 105 square feet of impervious surface in the 50’-100’ Buffer Zone. Mr. Knowles explained the colored plan (Plan C-2) stating that the green color shows the 0-25’ Buffer Zone, the orange color shows the 25’-50’ Buffer Zone, and the brown color shows the 50’-100’ Buffer Zone. Mr. Knowles clarified the dashed line on the plan as overhang of the building. There will be an open roof structure and the infiltration system was increased slightly. Comments from the Commission as follows: Mr. Langseth read the engineering report. Mr. Langseth clarified the engineering report stating that the Town Engineer would like a higher curve number used or literature that supports use of a curve number of 30. Mr. Knowles explained that the curve number is based on the soil underneath the pavement and not the pavement material. He showed the erosion control around the line of work. Ms. Miller read the interdepartmental comments. Mr. Knowles replied by stating that the staging description is done with the contractor and meeting with Karen. The Commission stated that a condition be for justification of the curve number for porous pavement and permeable pavers. Motion made and seconded to close the hearing, 6-0 in favor. PENDING MATTERS 7:31 pm Town Meeting Warrant Articles Discussion with the Planning Department: Zoning Bylaw Amendments-Removal of Wetland Protection District, Section 145-43A Charles Hornig from the Planning Board and Maryann McCall-Taylor from the Planning Department were present for this discussion. Mr. Hornig explained that this warrant article is duplicative of the Mass. Wetlands Protection Act (M.G.L.Ch.131, s. 40) and the Wetland Protection Code of the Town of Lexington (Ch.130). Connie Dugan of 12 Bellflower Street was concerned that water would get pushed to surrounding areas where it is not supposed to go. Mr. Hamilton replied by stating that the Planning Department focuses on different issues and that it is the Conservation Department’s job to assist with those issues. Motion made and seconded to approve the removal of the Wetland Protection District, Section 145-43A, 6-0 in favor. 9:17 pm Plan Change Request: 18 Cooke Road, DEP# 201-869, BL 827 Motion made and seconded to approve the plan change request as shown on the plan received on 2/22/2013, 6-0 in favor. Mal’s Enforcement Order 2006 Discussion, Rear of 7 Mass Ave, Map 13, Lot 422 The Commission scheduled a site visit, weather pending, on Saturday, March 9, 2013. Approve Revised Landscaping Plan: 9 Brigham Road, DEP# 201-815, BL 773 The Commission requested that an amendment be filed for this project. Approve and Sign Conservation Restriction Document, Lexington CR#33 A-1, 26 Solomon Pierce Road Motion made and seconded to approve the Conservation Restriction #33 A-1, 26 Solomon Pierce Road pending Town Counsel, 6-0 in favor. 9:26 pm Motion made and seconded to issue an Order of Conditions: 10 Vaille Ave, DEP# 201-864, BL 822, 6-0 in favor. Motion made and seconded to issue an Order of Conditions: 119 Grant Street, DEP# 201-887, BL 846, 6-0 in favor. The Commission stated that 101 Hartwell Ave, DEP# 201-797, BL 755 was not ready to be issued a Certificate of Compliance. Reports No reports were given. Site Visit for meeting on 3/5/13: Whipple Hill Trail Improvements – Scheduled for Sunday, March 3, 2013 Site Visits for meeting on 3/12/13: 51 Bridge Street – Scheduled for March 9, 2013 starting at 9:30 am. Motion made and seconded to approve the minutes from January 29, 2013, 6-0 in favor. The Commission stated the minutes from February 12, 2013 need to be approved at the next meeting. 9:31 pm Motion made and seconded to adjourn the meeting, 6-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant