HomeMy WebLinkAbout2014-09-22 CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday, September 22, 2014
6:30 P.M.
Parker Room, Town Offices Building
1625 Massachusetts Avenue
Chair Joyce Miller opened the meeting at 6:33 pm in the Parker Room of the Town Offices
Building.
Commissioners Present: Joyce Miller, Phil Hamilton, Duke Bitsko and Alexandra Dohan
Commissioners Absent: David Langseth and Dick Wolk
Others Present: Karen Mullins, Conservation Administrator and Michelle Morelli, Community
Development Department Assistant
PENDING MATTERS
6:34 pm Land Use Permit Application: Fall Cookout/Campout, Daniel A. Ollendorf
Ms. Mullins presented the proposal for the cookout/campout conducted every
year by the scouts and stated no issues have come up in previous years.
Motion made and seconded to approve the land use permit application for the fall
cookout/campout at Willard’s Woods on October 25-26, 2014 from 3:00 p.m. to
9:00 a.m., 4-0 in favor.
6:35 pm Plan change: 121 East Emerson Road, DEP# 201-917, BL 877, Modify dwelling
footprint >50 ft from BVW
Rich Kirby, LEC Environmental Consultants, Inc. presented the plan change
request for modification of the dwelling footprint at 121 East Emerson Road.
Mr. Kirby asked for direction on whether this change would be considered a
minor plan change or if the Commission requests an Amendment to the Order of
Conditions. Mr. Kirby did not have a plan or revised drainage information. Ms.
Mullins gave a brief overview of the difference between the Notice of Intent
filing for the deck and the modification of the dwelling footprint. The
Commission would like both this proposal and the Notice of Intent filing
presented at the same time.
6:40 pm Plan change: 25 Suzanne Road, DEP# 201-918, BL 878, Conduct landscaping
>50 ft from the Bordering Vegetated Wetland
Tim Lee, Timothy Landscape Design presented the plan changes for 25 Suzanne
Road with a revised plan.
Motion made and seconded to approve the plan change to conduct landscaping
>50 ft from the Bordering Vegetated Wetland, 4-0 in favor.
6:46 pm The commission postponed issuing the Certificate of Compliance for 9 Brigham
Road until the meeting on October 6, 2014 at 6:30 pm.
Motion made and seconded to issue a Certificate of Compliance for 39 Arcola
Street, DEP# 201-931, BL 891, 4-0 in favor.
6:47 pm Motion made and seconded to approve the minutes from July 31, 2014, 4-0 in
favor.
Motion made and seconded to approve the minutes from August 18, 2014, 4-0 in
favor.
Motion made and seconded to approve the minutes from August 25, 2014, 4-0 in
favor.
Motion made and seconded to approve the minutes from September 4, 2014, 4-0
in favor.
Motion made and seconded to approve the minutes from September 8, 2014, 4-0
in favor.
6:49 pm Re-organization of the Conservation Commission
Motion made and seconded to nominate Philip Hamilton as chair of the
Conservation Commission, 4-0 in favor.
Motion made and seconded to nominate David Langseth as the Vice Chair of the
Conservation Commission, 4-0 in favor.
6:51 pm Liaisons for Bike Advisory Committee and Greenway Corridor Committee
Motion made and seconded to nominate Alexandra Dohan the liaison for the
Greenway Corridor Committee, 4-0 in favor.
Motion made and seconded to nominate Dick Wolk as the liaison for the Bike
Advisory Committee, 4-0 in favor.
6:54 pm Reports: Bike Advisory, Community Preservation Committee, Land Steward
Directors, Housing Partnership, Tree Committee, Land Management, Land
Acquisition, etc.
Ms. Mullins suggested inviting the stewards for a reception for Stew Kennedy.
Ms. Mullins will discuss the event with Jordan McCaron to coordinate.
Ms. Mullins gave a capital request update on meadow mowing, Lower Vine
Brook repaving (including knotweed and removal), and potential land
acquisition.
7:00 pm Meeting – 31 Massachusetts Avenue, RDA
DET# 14-14
Applicant: Mass Ave Realty LLC
Replacement of a retaining wall within the 200-foot Riverfront Area
Present for the Applicant: Ron Thompson & Greg Thompson, Representatives
for Mass Ave LLC
Ron Thompson gave a description of the area and replacement of a retaining
wall.
Comments from the Commission as follows:
Mr. Bitsko asked if the wall would be replaced with a wall the same height. Mr.
Thompson commented that the wall would be replaced in-kind. Mr. Bitsko asked
if construction activity would be done from the site or bike path. Mr. Thompson
stated that work would be done from the site, but they may need to do minor
activities. Mr. Bitsko suggested a condition for an erosion control along the bike
path.
Motion made and seconded to issue a negative determination with conditions, 4-0
in favor.
7:09 pm Meeting – 7 Coach Road, RDA
DET# 14-15
Applicant: Eyal Ron & Mary Rose Scozzafava
Sunroom construction activities and landscape improvements within the 100-foot
Buffer Zone
Mr. Bitsko recused himself from this meeting. Due to lack of a quorum the
th
meeting will be continued to October 6.
Motion made and seconded to continue the meeting to October 6, 2014 at 7:00
pm at the request of the applicant, 4-0 in favor.
7:12 pm Cont. Hearing – Concord Avenue between Spring Street & Waltham Street, NOI
DEP# 201-930, BL 890
Applicant: Town of Lexington Department of Public Works
Construction of a new sidewalk along the southern side of Concord Avenue
between Spring and Waltham Street, replacement of the culvert under Concord
Avenue at Hardy’s Pond Brook, installation of a driveway for the Town to access
the existing pump station, milling and repaving of Concord Avenue in the project
area, and demarcation of a bicycle lane
Present for Applicant: David White, Project Engineer, Woodard & Curran, Mike
Flamang, Town of Lexington Engineering Department
Mr. White explained the information regarding cross sections on the revised
plans. He gave additional detail on wetland mitigation; there would be an
increase of 210 sq. ft. of permanent alteration, 510 sq. ft. total Bordering
Vegetated Wetland alteration, and 1,040 sq. ft. of Bordering Vegetated Wetland
replication proposed.
Comments from the Commission as follows:
Mr. Hamilton asked for details of the work occurring to replicate the wetland.
Mr. White explained that excess soil will be removed and disposed of, organic
top soil brought in, and plantings will follow. Mr. Bitsko suggested use of coir
logs to provide stability for plant establishment and longevity in the bank
restoration.
Motion made and seconded to close the hearing, 4-0 in favor.
7:31 pm Cont. Hearing – 103 Woburn Street, NOI
DEP# 201-950, BL 908
Applicant: Lexington Development Group, LLC
Construct a garage addition, re-construct a covered porch, re-align an existing
driveway, and construct a wooden deck within the 100-foot buffer zone and 200-
foot Riverfront Area
Present for the Applicant: Rich Kirby, LEC Environmental Consultants
Mr. Kirby commented Mike Flamang, Town Engineer and Fred Russell, Project
Engineer discussed the proposal at 103 Woburn Street. In respects to comments
made by the Town Engineer, the plans were revised.
Comments from the Commission as follows:
Mr. Hamilton read the engineering review stating, “The project is an addition to a
single-family dwelling. Two sanitary sewer easements are on the property. They
are adequately protected by the proposed plan. Soil test excavations were done
and the results are reported. The distance between the infiltration structure and
the estimated seasonal high water table is sufficient. Stormwater is proposed to
be managed with two infiltration structures. The design appears to be proper. It
shows no increase in runoff off site after project completion. The proximity of
public facilities on the site make it critical that the installation be staked in the
field by a qualified professional before construction. The installation should be
reviewed by a licensed professional and as-built drawings should be on file.
During construction, erosion and sedimentation control procedures should be in
place. This should include a wheel-cleaning area for construction vehicles.” Mr.
Bitsko entered the Mullin Rule Statute into the record for watching the video of
the hearing for 103 Woburn Street on September 8, 2014.
Pam Pardoe of 107 Woburn Street voiced concerns of water runoff onto her
property. Mr. Kirby replied that the Town of Lexington has a stricter stormwater
management rule than any other town.
Guy Jarvis of 95 Woburn Street asked if other plantings besides trees could be
done along the 103 Woburn Street side. Mr. Kirby replied that a planting plan
was submitted for the buffer zone.
Motion made and seconded to close the hearing, 4-0 in favor.
Motion made and seconded to issue an Order of Conditions for 103 Woburn
Street, DEP# 201-950, BL 908, 4-0 in favor.
7:41 pm Hearing – 9 Tufts Road, AmendOOC
DEP# 201-835, BL 793
Applicant: Miljana Bovan
Installation of an infiltration system in the front yard within the 100-foot Buffer
Zone to Bordering Vegetated Wetland
Present for the Applicant: Miljana Bovan & Rasko Ojdrovic, Homeowners
Mr. Ojdrovic explained the infiltration system proposed for the front yard due to
ledge being found in the field during construction.
Comments from the Commission as follows:
Mr. Hamilton read the engineering report stating, “I have reviewed the
calculations submitted for the plan changes at this site. The calculations done on
the modified system show that, for the design storms, there is no increase in
runoff rate and volume of flow after the project compared to pre-project
conditions. We have no other comments.” Ms. Mullins raised concern that the
original proposal was to mitigate 850 sq. ft. of roof area in the front. The plan is
only for 450 sq. ft.
Motion made and seconded to continue the hearing to October 6, 2014 at 7:00
pm at the request of the applicant, 4-0 in favor.
8:07 pm Hearing – 2 Diamond Road (19 Grove Street), AmendOOC
DEP# 201-900, BL 859
Applicant: Greg Matteosian
Installation of a catch basin west of the driveway entrance off of Diamond Road
& installation of a brick walkway between the driveway & front house entrance
within the 100-foot Buffer Zone
Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Rick
Waitt, Meridian Associates, Inc., and Greg Matteosian, Property owner
Mr. Kirby presented a letter summarizing the proposed changes on site. Mr.
Waitt presented additional changes and explained issues stating during
construction there was possibility of a broken pipe, which caused water to
puddle.
Comments from the Commission as follows:
Mr. Hamilton read emails between Ms. Mullins and Mike Flamang, Town
Engineer regarding the catch basins and drainage on Diamond Road. Ms.
Mullins met with the project engineer who stated two additional pipes were in the
area. Ms. Mullins suggested finding out where the two pipes originated. Mr.
Waitt explained how elevations were determined and that no increased flooding
would occur downstream to someone else’s property. Mr. Bitsko asked the
guarantee of the isolated wetland functioning the same way it had in the past.
Mr. Kirby commented on the successful plant life in the restoration areas and
stated a two year monitoring schedule was included in the original Order of
Conditions.
Becky Linton of 22 Grove Street asked if chemicals were allowed to be used in
such an area. Ms. Mullins read a condition from the original Order of
Conditions; the use of chemical fertilizers, pesticides, herbicides and sodium-
based products is prohibited within 100 feet of the wetlands to reduce the impact
of these products on the resource areas when transported by stormwater or by
leaching through the soil. This condition shall remain in perpetuity and shall not
expire with the issuance of the Certificate of Compliance.
Motion made and seconded to close the hearing, 4-0 in favor.
8:47 pm Hearing – 121 East Emerson Road, NOI
DEP# 201-953, BL 911
Applicant: David Brossi
Construction of a deck and stairs within the 100-foot Buffer Zone to Bordering
Vegetated Wetland
Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Al Gala,
Gala Simon Associates, Inc., Dan Taylor, Contractor and David Brossi, Property
owner
Mr. Kirby presented construction of a deck off the rear of a single-family
dwelling at 121 East Emerson Road. In order to mitigate for deck construction
within the 50-foot buffer zone, 900 sq. ft. of lawn area and portions of the site
will be restored. Mr. Kirby explained a revised plan showing the approved plan
and existing conditions. Mr. Gala ran calculations showing the system is sized
to capture additional impervious area.
Comments from the Commission as follows:
Ms. Miller opposed the deck construction due to encroachment in the 50-foot no-
build zone. Mr. Kirby explained that the deck is about 300 sq. ft. and a
restoration plan was submitted to mitigate for the 94 sq. ft. of impervious surface
within the no-build zone. Mr. Bitsko commented the detail of the stairs off of the
deck is not shown accurately on the plan per the site visit. Ms. Miller asked if
the footprint of the deck could be reduced in order to stay outside of the 50-foot
buffer zone.
Mr. Hamilton asked how a foundation is built outside of the approved plan. Mr.
Taylor replied that it was not a definitive foundation plan.
Mr. Brossi stated it was not intended to go beyond the footprint or to deceive the
commission.
Deborah Zuckerman of 129 East Emerson Road stated that she filed with the
Conservation Commission for her own deck and was not allowed to make any
changes to the footprint. Ms. Zuckerman commented that the homeowners of
115 East Emerson Road had to reduce the footprint of their deck after filing with
the commission. Ms. Zuckerman also questioned the setback of the stairs coming
from the garage door.
Mark Burnett of 115 East Emerson Road voiced concerns of the contractor not
following plans that were previously approved, as well as concerns with
plantings towards the property line.
The Commission issued a brief recess for Mr. Kirby to speak with his client.
Mr. Kirby requested a continuance for this Notice of Intent and stated an
th
Amendment to the Order of Conditions will be submitted for the October 20
meeting for the modification of the dwelling footprint.
Motion made and seconded to continue the hearing to October 20, 2014 at 7:00
pm at the request of the applicant, 4-0 in favor.
9:29 pm Hearing – 124 Adams Street, NOI
DEP# 201-952, BL 910
Applicant: Dennis Sullivan, Aspen Construction LLC
Raze and rebuild a single-family dwelling, driveway, walkway, and patio within
the 100-foot Buffer Zone to Bordering Vegetated Wetland and Land Subject to
Flooding and 200-foot Riverfront Area
Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Al Gala,
Gala Simon Associates, Inc. and Dennis Sullivan, Aspen Construction LLC
Mr. Kirby gave a brief description of the site and proposal to raze and rebuild a
single-family dwelling at 124 Adams Street.
Comments from the Commission as follows:
This project is demolition
Mr. Hamilton read the engineering report stating, “
and replacement of a single family dwelling. There is a town drainage
pipe in an easement crossing the site. The proponent must take steps to
protect that pipe. Three test excavations were done on the site. The
results are reported on the submission. The ESHWT is shown. Storm
water is proposed to be managed with an infiltration chamber. There is
two feet of separation between the BMP and the ESHWT. The design of
the system is responsive. The runoff rate and volume after project
completion is shown to be less than existing conditions as defined in the
Wetland Regulation. The installation should be reviewed by a licensed
professional and as-built drawings should be on file. During construction,
erosion and sedimentation control procedures should be in place. This
should include a wheel-cleaning area for construction vehicles.”
Mr.
Bitsko asked to see the length of the retaining wall proposed within the
restoration area. Mr. Gala explained the retaining wall is up-gradient of
Bordering Land Subject to Flooding. Mr. Bitsko asked for a detail of the wall.
Mr. Gala commented that it is only a 2-foot wall being constructed and does not
need structural details. Mr. Hamilton read the interdepartmental comment from
the zoning department stating that structures below ground cannot be closer than
5 feet to the property line. Mr. Gala submitted a detail on the stabilized
construction entrance stating the road will be 12’ wide.
Kathy Slane of 128 Adams Street commented the property boundary lines may
be incorrect. Ms. Slane voiced concerns of town tree roots prohibiting
construction of the retaining wall.
Marianne McKenna of 118 Adams Street commented on extreme flooding in the
Vine Brook area and concerns with water runoff. Mr. Hamilton replied that
extensive runoff control is required. Mr. Kirby explained that a majority of the
vegetated Bordering Land Subject to Flooding will be preserved and existing
pavement removed. Mr. Kirby mentioned FENO bounds markers will be
installed along the 25-foot no-disturb zone. Ms. Mullins suggested submittal of a
plan for existing conditions stamped by a professional land surveyor.
Motion made and seconded to close the hearing, 4-0 in favor.
10:05 pm Hearing – 149 Wood Street, NOI
DEP# 201-951, BL 909
Applicant: Richard and Jean Thuma
Replacement of a retaining wall, removal of bituminous pavement, and
replacement of a wooden deck with a farmer’s porch within the 100-foot Buffer
Zone
Present for the Applicant: Dick Thuma and Jean Thuma, Homeowners and Jim
DeVellis, Engineer
Mr. Thuma apologized for misunderstanding the building and conservation
permitting processes. Mr. DeVellis explained the plan showing the square
footages of the pavement to be removed, proposed farmer’s porch construction,
removal of existing deck, and impervious removal and replacement with grass.
Comments from the Commission as follows:
Mr. Hamilton read the engineering report stating, “Calculations are responsive.
No other engineering comments.” Ms. Miller asked the distance of the farmer’s
porch closest point to the wetland. The farmer’s porch will be 43’ away from the
wetland at its closest point. Mr. DeVellis stated the deck is being removed, but
the fence is remaining on site. Ms. Mullins commented that she met with Mr.
Thuma when the issues were discovered during the building permitting process
and discussed next steps. Mr. Hamilton would like the conditions to reflect the
huge steep incline between the yard and the wetland.
Motion made and seconded to close the hearing, 4-0 in favor.
10:20 pm Motion made and seconded to adjourn the meeting, 4-0 in favor.
Respectfully submitted,
Michelle Morelli
Community Development Department Assistant