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HomeMy WebLinkAbout2013-04-09 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, April 9, 2013 7:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Vice Chair Phil Hamilton opened the meeting at 7:35 pm in the Parker Room of the Town Office Building. Commissioners Present: David Langseth (arrived at 7:46), Jane Warren, Stew Kennedy, Phil Hamilton, Dick Wolk (arrived at 7:39), and Duke Bitsko Commissioners Absent: Joyce Miller Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Community Development Department Assistant 7:35 pm Hearing – NOI, Dunback Meadow, Willard’s Woods, and Meagherville DEP# 201-893, BL 852 Replacement of three old bridges within the Bordering Vegetated Wetland, Bank, Bordering Land Subject to Flooding, and 200-foot Riverfront Area Documentation: NOI Application 3/20/2013 Present for the Applicant: Keith Ohmart, Conservation Steward Mr. Ohmart proposed replacement of three old, deteriorating bridges. He stated that these bridges could eventually become safety hazards and the new bridges will not be as wide as the old ones. There will be no new bank disturbances. Comments from the Commission as follows: Mr. Hamilton explained the meeting process to the public. Mr. Hamilton asked the sequence of work and a time table. Mr. Ohmart replied that one bridge would be done per year. Mr. Bitsko asked which bridge would be done first and if work would be done during the low flow period. Mr. Ohmart stated that Willard’s Woods would be constructed first and they would work during the low flow period. Restoration of the bank will be done and temporary fencing will be constructed to help the bank restore after plantings. Mr. Bitsko questioned the narrow width of the new bridge at Willard’s Woods. Mr. Ohmart agreed that the bridge should be wider. Motion made and seconded to close the hearing, 5-0 in favor. 7:44 pm Informal – Stormwater Management Regulations, Mike Flamang; Engineering Department Comments from the Commission as follows: Mr. Hamilton stated that Mr. Flamang requested an additional four weeks to get the Commission the correct version for commenting. 7:45 pm Hearing – NOI, Winthrop Road at Vine Brook Crossing DEP# 201-892, BL 851 Winthrop Road sidewalk construction project within the 200-foot Riverfront Area and 100-foot Buffer Zone Documentation: NOI Application and Plan 3/7/13, Letter from Eaglebrook Engineering 4/8/2013 Present for the Applicant: Mike Carter, GCG Associates and Dave Cannon, Engineering Mr. Carter proposed a 5-foot wide sidewalk with a 2-foot wide grass strip. A second site visit was conducted on April 7, 2013. Comments from the Commission as follows: Mr. Hamilton entered a letter into the record from Catherine Bauer, which was written by Eaglebrook Engineering. Mr. Carter responded to the letter by stating that the Town standard is a 5-foot wide sidewalk based on the size of plowing equipment, but size can be reduced if the Commission requests it to be. He also commented that pervious pavement is not recommended by DEP regulations to be used within 100’ of surface water. Mr. Bitsko stated that on the last site visit for this property, it was determined that there is a 7-8 foot wide area before the slope. To provide a sub base, there will be disturbance of shrubs along the fence. Mr. Bitsko commented that the hedge row can be replanted behind the fence or new shrubs can be planted on the other side of the fence. Catherine Bauer of 44 Winthrop Road voiced her concerns about erosion and public safety. Motion made and seconded to close the hearing, 6-0 in favor. 8:00 pm Meeting – RDA, 219 Lincoln Street DET# 13-06 Determination on jurisdiction of an isolated wetland Documentation: RDA Application 3/20/2013 Present for the Applicant: Leah Basbanes, Basbanes Wetland Consulting and Abbas Amiri, Applicant Ms. Basbanes reported that there is a 1,700 square foot depression with hydric soils on the property. It is not subject to flooding based on her findings. The isolated wetland sits on a flat area of ledge and there is no runoff from the road. Comments from the Commission as follows: Mr. Hamilton stated that it is difficult to dismiss the Commission’s jurisdiction over the isolated wetland on this property without further knowledge of future plans for the area. Mr. Wolk asked what would happen if the drainage pipe under the neighbor’s property was blocked and where the water flows. Ms. Basbanes replied that the water would flow to the southeast if the pipe was blocked. Mr. Langseth asked how Ms. Basbanes determined there were no fractures in the rock. Ms. Basbanes stated that she used soil probes. Mr. Hamilton commented that a filing of a Notice of Intent would be preferred that included the future plans for the property and the isolated wetland would be addressed at that time. Abbas Amiri asked the Commission how much water that was there would contribute to other areas. Christian Haddad stated that water is only in that area during the springtime. Mark Burke of 216 Lincoln Street would like to see a plan for the area to see the impact. Mr. Hamilton read a note from Roberta Geissler of 214 Lincoln Street voicing her concerns of groundwater and blasting. Motion made and seconded to issue a positive determination, 6-0 in favor. 8:40 pm Meeting – RDA, 4 Sherburne Road DET# 13-07 Construction of an addition, expansion of the footing drain system, and installation of an overflow drain line connected to the Town drainage system Documentation: RDA Application 3/20/2013 Present for the Applicant: Steve Poole, Lakeview Engineering Associates Mr. Poole proposed an addition on the rear of the house, expansion of the footing drain, and connecting the overflow drain line to the Town drainage system to make the system functional and abandon the existing sump pump. Comments from the Commission as follows: Mr. Hamilton read the engineering report. Mr. Langseth questioned how the water in the area will get to the trench. Mr. Poole replied that gravity will allow the water to go to the trench. Mr. Langseth commented that the pre and post roof runoff calculations will need to be provided for the 2, 10, and 100 year storm. Mr. Langseth questioned the access cover being 1’ underneath the soil. Mr. Poole replied that the covers will be brought up to grade. Motion made and seconded to continue the meeting to April 23, 2013 at the request of the applicant to provide backup data and a new plan, 6-0 in favor. 8:53 pm Hearing – NOI, 482 Bedford Street DEP# 201-894, BL 853 Proposed parking improvements and stormwater enhancements within the 100-foot Buffer Zone Documentation: NOI Application and Plans 3/20/2013 Present for the Applicant: Peter Tamm, Beth Israel Representative, James Prouty, Engineer, Matthew Varrell, Vanasse Hangen Brustlin, Inc. and Bill Burley, Beth Israel Mr. Tamm proposed 33 new additional parking spaces on the property. This requires a meeting with the Board of Appeals, which will occur in April as well. Mr. Varrell gave a brief overview of the site. He stated that some expansion will be within the 50’ and 100’ Buffer Zone. There will be less than 600 square feet of new pavement within the 50’ Buffer Zone and the mowing of the lawn will cease to allow it to restore naturally. Mr. Prouty explained the drainage calculations, including the catch basins and infiltration systems. Comments from the Commission as follows: Mr. Hamilton read the Engineering report. Mr. Langseth questioned how the runoff would be infiltrated. Mr. Prouty commented that the stormcrete will act as a porous paver. Mr. Langseth asked about the excavation and stockpiling and commented that these issues should be dealt with before 14 days of inactivity. Mr. Prouty replied that these answers are in the standard conditions and hay bales will be used. Mr. Kennedy asked for clarification on stormcretes and how the water is directed to them. Mr. Prouty explained that it is a natural street flow via surface. Mr. Kennedy questioned if Simonds Brook was perennial. Mr. Varrell stated that the riverfront demarcation is greater than 200’ away. Ms. Warren voiced concern about the lawn taking a long time to naturalize and asked why plantings could not be done. Mr. Varrell stated that additional erosion controls would need to be added and they would need to rototill and re- seed the area. The plantings could not be woody due to maintenance of the gas and electric easement. Mr. Wolk commented that snow dumping was occurring on 12-18 Hartwell Avenue and a possible Enforcement Order may need to be issued. Mr. Bitsko asked if soil test pits were done below the concrete system. Mr. Varrell explained that an infiltration test was done and submitted. Mr. Bitsko stated that a woody buffer zone is better for the area and should be done outside the easement. Motion made and seconded to close the hearing, 6-0 in favor. 9:23 pm Cont. Hearing – NOI, 19 Bellflower Street DEP# 201-891, BL 850 Construction of an addition to an existing single-family dwelling and associated site appurtenances within the 100-foot Buffer Zone Documentation: NOI Application and Plan 3/7/2013 Present for the Applicant: Rich Kirby, LEC Environmental and Mike Novak, Meridian Associates Mr. Kirby proposed widening of the driveway which will be 51’ away from the wetlands, construction of a retaining wall, and construction of a covered porch over the existing concrete walkway, and removal of the shed from the site. Comments from the Commission as follows: Mr. Langseth asked if the proposed drain pipe trench was on the plan. Mr. Novak explained that it is a solid pipe and details are shown for the trench. Mr. Bitsko commented that the shed does not have to be completely removed from the property. Mr. Kirby replied that there is no room for it anywhere else on the property. Mr. Bitsko asked for clarification on the location of the wall. Mr. Kirby describe the gray line on the plan that hugs the 25’ Buffer Zone and is no higher than 3’. Mr. Bitsko commented that bounds markers should be placed along the edge of the restoration planting zone. Mr. Kirby explained that the existing lawn will be preserved. Motion made and seconded to close the hearing, 6-0 in favor. 9:34 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, Revised Plan 4/2/2013 Present for the Applicant: Ian Rubin, Markey and Rubin, Inc. and Scott Goddard, Goddard Consulting, LLC Mr. Goddard explained that two site visits were conducted on this thth property. One site visit was on April 7 and the other was on April 9. th The site visit on April 9 consisted of two Commissioners and Karen Mullins. The soils were looked at and Mr. Goddard gave test pit hole descriptions. There will be a mulched landscaped bed in the back of the property and part of the garage will be moving out of the 50’ Buffer Zone. Comments from the Commission as follows: Mr. Langseth asked for the straw wattle details and why a lateral bend does not occur at the overlap. Ms. Mullins commented that straw wattles are not allowed, but a silt sock filled with compost is allowed because it causes fewer disturbances. Ms. Mullins described two test pits that showed the same soil profile, but the hydric soils could not be traced up into the soils. Ms. Mullins explained that they could be young soils and underdeveloped. Mr. Langseth asked if a sump pump was proposed. Mr. Rubin stated that a sump pump is not proposed because they have a downspout, perforated, perimeter drain, which drains toward the infiltrator. Mr. Bitsko asked for clarification on the elevation of the Cultec system, 25’ bounds markers, and a planting plan. Mr. Langseth stated that the plan should be revised with correct numbers and details. Mr. Bitsko pointed out that the sewer connection is not on the plan. Motion made and seconded to continue the hearing to April 23, 2013 at the request of the applicant, 6-0 in favor. PENDING MATTERS 10:08 pm Approve Management Recommendations for Cotton Farm Apple Orchard, Lexington Conservation Stewards, Bob Hausslein Mr. Hausslein reported that the stewards received advice from a consultant on pruning the trees. The trees that are to be removed were tagged because they were improperly planted. The volunteers will remove the turf and soil to get to the roots, and slope the dirt. Mr. Kennedy recommended using woodchips and not mulch to surround the dirt. Mr. Hausslein stated the plan was to use woodchips from the Department of Public Works because they are aged 1 year. Mr. Hamilton asked how big the job would be. Mr. Hausslein replied that it would be a project that takes several years. The dead trees will be cut out, pushed back, and pruned by the stewards and volunteers. Ms. Mullins voiced concern about the public wanting more information about this project and what would be done to advertise. Ms. Warren commented that she could write an article in the Lexington Minuteman including information on the 120 trees that will be pruned and cleaned up. Approve $270 expenditure from Lexington Nature Trust Fund for Cotton Farm Apple Orchard consultation with New England Wildflower Society Motion made and seconded to approve $270 expenditure from Lexington Nature Trust Fund for Cotton Farm Apple Orchard consultation with New England Wildflower Society, 6-0 in favor. 10:27 pm Burial Plot Comments, Charles Hornig Mr. Langseth asked how big the area would get. Ms. Mullins reported that no embalming fluids would be used. Mr. Langseth suggested that there should be written limitations and he wants to hear a proposal with details. Pre-filing Discussion for 62 Grassland Street, Rich Kirby Mr. Kirby discussed a 2,500 square foot wetland restoration for an addition over an existing deck and patio on this property. He asked if a Notice of Intent should be filed. Mr. Kirby stated that the patio at the end of the driveway would be removed and replaced with pervious pavers. The shed would also be removed and no impervious surface would be added. The Commission discussed robust plantings, bounds markers, and that this would not be a dead end to pursue. 10:27 pm Motion made and seconded to issue an Extension Permit for two years: 324 Marrett Road, DEP# 201-685, BL 642, 6-0 in favor. The representative for 324 Marrett Road proposed a slightly larger, new building for Cumberland Farms. The canopy will be reduced and there will be a reduction of impervious area of 1,100 square feet. Trees will be removed and replaced with plantings near an abutter and a 6’ fence will be constructed. Mr. Langseth asked if there were any changes to the stormwater management. The representative replied there are no changes. Mr. Bitsko asked if there were any changes to the snow management plan. The representative replied that there were no changes to the snow management plan either. Plan Change Approval for Blueberry Lane, DEP# 201-758, BL 716 Motion made and seconded to approve the plan change for Blueberry Lane, DEP# 201-758, BL 716. The issuance of a Certificate of Compliance for 145 Grove Street and 4 Butterfield Road will be postponed until April 23, 2013. Update on site visit for Mal’s The Commission discussed that Mal’s was in compliance with the 2006 Enforcement Order. They instructed the administrator to write a compliance letter. Site Visits for the meeting on 4/23/2013 are scheduled for Saturday, April 20, 2013 beginning at 9:30 A.M. 10:54 pm Motion made and seconded to approve the minutes from March 26, 2013 with minor changes, 6-0 in favor. Motion made and seconded to approve the minutes from March 28, 2013, 6-0 in favor. 10:55 pm Informal – Land Use Permit Application, Request to use Willard’s Woods for a birthday picnic on 5/18/13 The Commission discussed development of a policy in the future for requests to use fire pits. They noted that the applicant needs to comply and get approval from the Fire Department. Motion made and seconded to approve the request to use Willard’s Woods for a birthday picnic on 5/18/13, 6-0 in favor. 11:00 pm Motion made and seconded to adjourn the meeting, 6-0 in favor. Respectfully submitted, Michelle Tassi Conservation Department Assistant