HomeMy WebLinkAbout2013-09-24 CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday, September 24, 2013
7:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue
Chair Joyce Miller opened the meeting at 7:32 pm in the Parker Room of the Town
Office Building.
Commissioners Present: Joyce Miller, Phil Hamilton, Stew Kennedy (arrived at 7:37 pm),
Duke Bitsko, David Langseth, Dick Wolk, and Jane Warren
Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi,
Community Development Department Assistant
7:32 pm Meeting – RDA, 7 Idylwilde Road
DET# 13-16
Construction of a 21’ x 11’ covered porch with a 16’ x 10’ deck within the
100-foot Buffer Zone of Bordering Vegetated Wetland
Documentation: RDA Application 8/29/13
Present for the Applicant: Chris Williams, First Class Carpentry and
Marina Levit, Homeowner
Mr. Williams proposed construction of a covered porch and deck. He
stated that the deck will be 104’ away from the upper part of the bank at
its closest point. Mr. Williams explained that the homeowners are
proposing to build on top of an existing brick patio.
Comments from the Commission as follows:
Mr. Hamilton commented that he is in favor of issuing a negative
determination with conditions. Mr. Bitsko asked if the brook will be
considered a perennial stream under this determination. Mr. Hamilton
replied that the commission was not determining the characteristic of the
brook. Ms. Mullins explained that she met with Mr. Williams prior tot he
meeting and the determination is proposed to show that the work is outside
the 100-foot buffer zone.
Motion made and seconded to issue a negative determination with
conditions, 6-0 in favor.
7:37 pm Cont. Hearing – NOI, 53 Eldred Street
DEP# 201-911, BL 871
Construction of a 12’ x 16’ shed within the 100-foot Buffer Zone to
Bordering Vegetated Wetland
Documentation: NOI Application 8/7/13
Motion made and seconded to continue the hearing to October 8, 2013 at
7:30 pm at the request of the applicant via email, 7-0 in favor.
7:38 pm The Commission postponed the hearing for 7 Middleby Road until the
representative and applicant were present.
7:40 pm Hearing – NOI, 675 Lowell Street, Butterfield Pond
DEP# 201-908, BL 868
Improvements to the upstream and downstream slopes along the length of
the dam
Documentation: NOI Application and Drawing Plans 9/3/13 and
Additional Plan 9/5/13
Present for the Applicant: Mel Higgins, Weston & Sampson
Mr. Higgins gave a brief description of the area and the work that has been
done up to this point. He explained the two different phases of the project
improvements.
Comments from the Commission as follows:
Mr. Bitsko asked for more information regarding the replication wetland
including test pits, a planting plan, and monitoring and survivability
specifications. He commented that they should explore invasive species
management and lowering the grading of the replicated wetland. Mr.
Bitsko asked the reason for extensive tree removal. Mr. Higgins replied
that it is a state regulation for dam safety. The Commission discussed
maintenance and that the Town portion is not part of the scope of this
project. Mr. Bitsko suggested investigation of a native seed mix with an
erosion control blanket along the slopes. Mr. Langseth voiced his concern
regarding the survivability of the replicated wetland and asked for a
longitudinal section of the mineral sheet. Ms. Mullins asked if the grades
were changing on the southern side and Mr. Higgins replied that they are
not changing.
Motion made and seconded to continue the hearing to October 8, 2013 at
7:30 pm at the request of the applicant, 7-0 in favor.
8:12 pm Cont. Hearing – NOI, 7 Middleby Road
DEP# 201-906, BL 866
Demolition and construction of a new single-family dwelling within the
100-foot Buffer Zone to Bordering Vegetated Wetland
Documentation: NOI Application 8/7/13, Site Plan of Land,
Memorandum, and Addendum for Drainage Calculations 9/6/13, Revised
Memorandum, Site Plan, and Operations and Maintenance Plan 9/20/13
Present for the Applicant: Scott Smyers, Oxbow Associates, Inc. and
Michael Walsh, Homeowner
Mr. Smyers stated that the operations and maintenance plan and revised
memorandum were submitted. He explained that a second infiltration
system was put in for the sump pump infiltration. Mr. Smyers commented
that the proposed conditions will have 677 square feet less of impervious
surface.
Comments from the Commission as follows:
Mr. Langseth asked about the elevation of the existing basement. Mr.
Smyers replied that it was at elevation 225. Mr. Walsh stated that within
reason, the basement level could be raised 6 inches. Mr. Wolk voiced his
concerns regarding the basement elevation level. He stated that he is
bothered by the testimony given by the neighbors that the drain in the
street has already been compromised, there is no guarantee that there are
adverse impacts, per the regulations the lot is considered native and
therefore, the reduction of impervious surface is irrelevant, and he believes
there are enough issues on this property to potentially be problematic. The
Commission will condition raising the basement elevation level by 6” to
bring it closer to the existing basement level.
Motion made and seconded to close the hearing, 7-0 in favor.
8:26 pm Cont. Hearing – NOI, 82 Pleasant Street
DEP# 201-909, BL 869
Construction of an addition and an extension of a garage within the 100-
foot Buffer Zone to Bordering Vegetated Wetland
Documentation: NOI Application 8/7/13, Site Plan of Land and
Supplemental Letter 9/5/13, and Letter from 94 Pleasant Street 9/24/13
Present for the Applicant: John Noonan, Noonan & McDowell, Inc. and
Albert and Yung Shen Huang, Homeowners
Comments from the Commission as follows:
Ms. Miller read the information that was needed from the previous hearing
and the letter from the neighbors at 94 Pleasant Street. Mr. Bitsko asked if
the owner would be responsible for monitoring and inspecting. Mr. Huang
replied that he will be in charge of the maintenance including vacuuming
the driveway and removing leaves from the down spouts. Mr. Bitsko
questioned the effectiveness of pervious pavement on a steep slope and
asked if maintenance would be required for the trench drain. Mr. Noonan
explained that no maintenance would be required for the trench drain. He
commented that the driveway will need to be inspected during
construction and the proper mix be used. This will ensure the driveway is
adequate and constructed properly. Mr. Noonan explained that the
driveway is steep and then flattens out in front of the garage. The runoff
will either be infiltrated or intercepted by the trench drain. Mr. Langseth
asked if the design of the driveway accounted for storage volume because
the Commission normally does not see proposals for pervious pavement
on a slope. Mr. Langseth voiced his concern of future homeowners
wanting to sealcoat the driveway and asked if brick pavers could be used.
The Commission asked for a condition for the driveway to remain
pervious. Mr. Kennedy recommended that the applicant educate
themselves on benefits to pervious asphalt.
Motion made and seconded to close the hearing, 7-0 in favor.
8:49 pm Hearing – NOI, 486 Lowell Street
DEP# 201-910, BL 870
Construction of an addition and renovation within the 100-foot Buffer
Zone to Bordering Vegetated Wetland
Documentation: NOI Application and Site Plan 9/4/13
Present for the Applicant: Fred Russell, Professional Engineer and Chris
and Bruno Visocchi, Seedling Realty and Development
Mr. Russell proposed a 410 square foot reduction of impervious surface,
an infiltration system, and removal of a concrete pad within the 50’ buffer
zone. There will be no trees removed and the driveway will remain
unchanged.
Comments from the Commission as follows:
Mr. Langseth asked which portions of the roof runoff go to the infiltration
system. Mr. Russell stated that two thirds of the front of the house or 540
square feet of runoff drains to the infiltration system. Ms. Miller read the
engineering report.
Motion made and seconded to close the hearing, 7-0 in favor.
8:55 pm Hearing – AmendOOC, 61 Solomon Pierce Road
DEP# 201-888, BL 847
Construction of retaining walls and re-alignment of the driveway within
the 100-foot Buffer Zone
Documentation: Request to Amend the Order of Conditions and
Drainage/Grading Plan 9/12/13
Present for the Applicant: Rich Kirby, LEC Environmental Consultants,
Inc., Al Gala, Gala Simon Associates Inc. and Nick Delegas, Homeowner
Mr. Kirby explained that minor modifications were done on this property.
The Commission was not previously consulted for approval of the
retaining walls or re-alignment of the driveway. Mr. Kirby stated that the
drainage calculations were re-done in accordance with the new
modifications.
Comments from the Commission as follows:
Ms. Miller read the engineering report. Mr. Bitsko asked how much the
driveway shifted to the wetland. Mr. Kirby replied that the driveway
moved 1-1 1/2 feet towards the wetland and it is resting on the 25’ buffer
zone. Mr. Kirby commented that an extensive invasive species
management is being done within the area. Mr. Wolk suggested that the
representative use different colors on the plan to show the changes that
were made.
Motion made and seconded to close the hearing, 7-0 in favor.
PENDING MATTERS
9:02 pm Plan modification for a sump pump connection to the infiltration system: 63
Ledgelawn, DEP# 201-862, BL 820
Ms. Mullins stated that Mr. Russell revised the drainage calculations, increasing
the infiltration system to account for the sump pump that was installed. Mr. Wolk
asked why a sump pump was necessary. The Commission suggested that the
applicant and representative attend a conservation meeting.
9:06 pm The Commission postponed issuing a certificate of compliance for 44 Lincoln
Street, DEP# 201-874, BL 832 due to a few ongoing issues.
9:08 pm Ms. Miller read the comments from the Conservation Administrator regarding
the issues at 9 Tufts Road. Mr. Ojdrovic and Miljana Bovan were present for this
discussion. Mr. Ojdrovic explained the reasons for the changes. Mr. Hamilton
asked why the changes were implemented without further consent from the
Conservation Commission. The Commission suggested the applicants to consult
with Karen and go over the major issues concerning this property. The
Commission postponed issuing a certificate of compliance for 9 Tufts Road,
DEP# 201-835, BL 793.
9:24 pm Motion made and seconded to issue a certificate of compliance: 26 Solomon
Pierce Road, DEP# 201-153, 7-0 in favor.
Motion made and seconded to issue a certificate of compliance: 26 Solomon
Pierce Road, DEP# 201-168, 7-0 in favor.
Motion made and seconded to issue a certificate of compliance: 26 Solomon
Pierce Road, DEP# 201-202, 7-0 in favor.
9:25 pm Reports: Bike Advisory, Community Preservation Committee, Land Steward
Directors, Housing Partnership, Tree Committee, Land Management, Land
Acquisition, etc.
Mr. Kennedy reported that the structures in Whipple Hill will be completed on
th
Wednesday, September 25.
Ms. Mullins reported that the New England Wild Flower Society is seeking
approval to lead a winter woody plant id class with 15 adult students to Whipple
Hill.
Motion made and seconded to approve the field trip by the New England Wild
Flower Society to Whipple Hill on Wednesday, November 20, 2013 from 10:00
am – 2:30 pm, 7-0 in favor.
Mr. Bitsko commented on Lincoln Park being wet and asked if a boardwalk
could be put in the area. He pointed at that similar projects may need to minimize
grades and use erosion control blankets.
Ms. Mullins commended the stewards on the help they provided with
maintenance of the Conservation Land in the absence of the interns.
9:32 pm The Commission scheduled the site visits for 33 Bernard Street on Saturday,
October 5, 2013 at 9:00 am.
The Commission postponed approving the minutes from the meeting on
August 21, 2013.
The Commission postponed approving the minutes from the meeting on
September 10, 2013
9:34 pm Motion made and seconded to adjourn the meeting, 7-0 in favor.
Respectfully submitted,
Michelle Tassi
Community Development Department Assistant