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HomeMy WebLinkAbout2013-12-03 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday, December 3, 2013 7:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Vice Chairman Phil Hamilton opened the meeting at 7:33pm in the Parker Room of the Town Office Building. Commissioners Present: Phil Hamilton, Stew Kennedy, Duke Bitsko, Dick Wolk (arrived at 7:37pm), and Jane Warren Commissioners Absent: Joyce Miller and David Langseth Others Present: Karen Mullins, Conservation Administrator and Michelle Tassi, Community Development Department Assistant 7:33 pm Cont. Hearing – NOI, 48 Valley Road DEP# 201-907, BL 867 Construction of an addition and site work within the 100-foot Buffer Zone to Bordering Vegetated Wetland Motion made and seconded to continue the hearing to December 17, 2013 at 7:30pm at the request of the applicant, 4-0 in favor. 7:44 pm Hearing – NOI, 121 East Emerson Road DEP# 201-917, BL 877 Applicant: David Brossi Raze and rebuild a single-family dwelling and associated site appurtenances within the 100-foot Buffer Zone Present for the Applicant: Rich Kirby, LEC Environmental, Al Gala, Gala Simon Associates and Dan Taylor, Construction Supervisor Mr. Kirby presented the plans for the proposed demolition and construction of a new single-family dwelling. Two infiltration systems will be installed and the dwelling will be 52’ away from the wetlands at its closest point. One tree will be removed to accommodate the new development. Comments from the Commission as follows: Mr. Hamilton read the engineering report as well as comments from Commissioner David Langseth regarding the drainage analysis and the different soil types not being reflected. Mr. Gala, the engineer, explained to the Commission that the area being disturbed is all one soil type and the undisturbed area is another soil type, and hence, only needed the disturbed soil type in the drainage analysis where development to occur and other area not changing pre to post. Mr. Bitsko asked about the drainage easement. Mr. Kirby stated that no work was being conducted in that area. Mr. Kennedy asked for clarification on one wetland flag and if the applicant was the property owner. Mr. Kirby stated that the wetland boundary was defined by the slope and the property owner was informed of the filing with the Conservation Commission and signed the application. Mr. Hamilton asked if the landscaping within the 25’ Buffer Zone was being proposed. Mr. Kirby replied that the landscaping on site was previously done. The Commission will require a new plan to be submitted showing the utilities. Deborah Zuckerman of 129 East Emerson Road asked for an explanation of how runoff is directed from the sump pump. Liz Burnett of 115 East Emerson Road asked Mr. Kirby to explain the location and function of the two infiltration systems. Motion made and seconded to close the hearing, 5-0 in favor. 7:55 pm Hearing – ANRAD, 0 Sherburne Road DEP# 201-916, BL 876 Applicant: Sheldon Corporation Wetland delineation Present for the Applicant: Scott Smyers, Oxbow Associates and Todd Cataldo, Construction Supervisor Mr. Smyers proposed a wetland delineation at 0 Sherburne Road. He submitted a revised plan based on the Conservation Commission site visit comments showing flag 3 connecting to flag 5 and submitted a letter with signature from the property owner. Comments from the Commission as follows: Mr. Hamilton commented on the BVW data sheets that were provided as back up in the application that shows the vegetation being dominant wetland vegetation up-gradient of the delineated boundary on the plan. Mr. Smyers responded that under the State method, if the soils are non-hydric with wetland vegetation, then the line can be located where the soils and vegetation are hydric. In response, the Commission continued to raise concerns of the wetland boundary delineation under the Lexington Code which defines wetlands based on one parameter, vegetation or soils whichever is more conservative. Thus, Mr. Kennedy pointed out to Mr. Smyers that in this case the local wetland boundary would be up- gradient from where shown on the revised plan based on the wetland vegetation delineation. Motion made and seconded to continue the hearing to December 17, 2013 at 7:30pm at the request of the applicant, 5-0 in favor. 8:11 pm Hearing – 25 Suzanne Road, NOI DEP# 201-918, BL 878 Applicant: Jeremy Kieval Construction of an addition, deck, and covered porch within the 100-foot Buffer Zone Present for the Applicant: Rich Kirby, LEC Environmental, Mike Novak, Meridian Associates and Jeremy Kieval, Homeowner Mr. Kirby presented plans for the proposed construction of an addition, deck, and covered porch. The deck is proposed to be 50’ away from the wetlands at its closest point. Mr. Kirby described the on-site conditions stating that there is an isolated vegetated wetland and stream in the area. The stream is shown as perennial on the map, but observations of no flow of water for 4 consecutive days provide evidence to overcome the perennial status, and hence, the stream is intermittent. Comments from the Commission as follows: Mr. Hamilton read the engineering report. Mr. Bitsko asked for an explanation of the 25’ Buffer Zones of the isolated wetland and the stream since it didn’t appear that any plan was proposed. Mr. Kirby identified that since all structures greater than 50 feet away that they were not proposing any mitigation. Mr. Bitsko expressed that the Commission at a minimum would require the wetland area to be converted from lawn to a restored wetland area and would look to have the 25-foot buffer zone restored as well. Further, Mr. Kennedy asked where on the plan did the lawn extend into the isolated wetland area. Mr. Kirby replied that due to the small scope of the project (which he convinced the owners to scale back and keep out of the 50-foot no structure zone), no mitigation of the wetland and buffer zones are proposed. The owners want to maintain all the lawn area on the site. Mr. Kennedy suggested that he would at least want the isolated wetland demarcated. Mr. Kirby requested a minute recess to converse with his client. After a brief recess, Mr. Kirby submitted a planting plan for restoration of a portion of the isolated wetland area. The Commission discussed increasing the restoration planting area to encompass the entire isolated vegetated wetland. The applicant agreed to plant an extensive restoration area to encompass the entire wetland area on site. Motion made and seconded to close the hearing, 5-0 in favor. 8:44 pm Hearing – 25 Ledgelawn Avenue, NOI DEP# 201-919, BL 879 Applicant: CJM Builders Raze and rebuild a single-family dwelling and associated site appurtenances within the 100-foot Buffer Zone and 200-foot Riverfront Area Present for the Applicant: Rich Kirby, LEC Environmental and Ryan Moran, CJM Builders Mr. Kirby proposed the demolition and construction of a new single-family dwelling. He explained the existing conditions and the proposed conditions. Including in this project is a restoration area, removal of two trees within the 25’ Buffer Zone, and a driveway trench drain. Comments from the Commission as follows: Mr. Hamilton read the engineering report and Mr. Langseth’s comments regarding soil documents and a clarification of the grades along the driveway and trench drain to ensure the driveway runoff will flow to the trench drain and the plan is not evident. The Commission suggested that the representative show spot grading along the driveway on the plan. Mr. Bitsko stated that the utilities are not shown on the plan. Mr. Kennedy asked if a sump pump was proposed. Mr. Wolk asked if the infiltration system was sized to account for a sump pump. Motion made and seconded to continue the hearing to December 17, 2013 at 7:30pm at the request of the applicant, 5-0 in favor. PENDING MATTERS 9:01 pm Update on Scruggs Litigation Ms. Mullins updated the Commission on the Scruggs litigation and the outcome identified that the current Negative Determination of Applicability with conditions under the local code was not an acceptable practice due to the language of the code (bylaw). The Commission discussed the importance of having the ability to continue to issue negative determinations with conditions for minor projects in the buffer zone and it would be beneficial to change the bylaw regulations to allow this process. Mr. Hamilton suggested that he would draft a proposal for the Commission and Town Counsel to review with the goal of bringing before Town Meeting for adoption at the Annual Town Meeting. 9:02 pm Update on Scottish Rite, 33 Marrett Road Compliance, BL 395 Ms. Mullins gave a brief update stating that Mike Novak from Meridian Associates has overseen the maintenance that the Commission required on site and that the Certificate of Compliance was issued. 9:14 pm Motion made and seconded to issue a Certificate of Compliance: Winthrop Road at Vinebrook Crossing, DEP# 201-892, BL 851, 5-0 in favor. 9:15 pm Reports: Bike Advisory, Community Preservation Committee, Land Steward Directors, Housing Partnership, Tree Committee, Land Management, Land Acquisition, etc. Ms. Mullins gave a report on the End of Farm Road/7 Farm Road. Due to the current electrical conduit and connection crossing the town’s drainage easement, the Town Engineer is requiring several conditions for the electrical conduit crossing, including the electrical conduit must be encased in concrete in the easement and demarcated on an as-built plan. Since this was not part of the original proposal, the Commission expressed they approved of this as a field change with the condition that the Administrator oversaw the work and required erosion controls. 9:16 pm Motion made and seconded to approve the minutes from the meeting on November 19, 2013 with a minor change, 5-0 in favor. 9:20 pm Motion made and seconded to adjourn the meeting, 5-0 in favor. Respectfully submitted, Michelle Tassi Community Development Department Assistant