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HomeMy WebLinkAbout2014-10-20 CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Monday, October 20, 2014 6:30 P.M. Parker Room, Town Offices Building 1625 Massachusetts Avenue Joyce Miller opened the meeting at 6:36 pm in the Parker Room of the Town Offices Building. Commissioners Present: Joyce Miller, Alexandra Dohan, Dick Wolk and Duke Bitsko Commissioners Absent: David Langseth and Phil Hamilton Others Present: Karen Mullins, Conservation Administrator and Michelle Morelli, Community Development Department Assistant PENDING MATTERS 6:36 pm Motion made by Ms. Dohan and seconded by Mr. Wolk to issue a Certificate of Compliance for 9 Brown Road, DEP# 201-772, BL 731, 4-0 in favor. 6:37 pm Hearing – Lexington Code Ch. 130 Rules Revisions Ms. Mullins stated back in 2011 the Conservation Commission discussed drafts of the regulations, particularly the ratio for replication of wetlands. The Commission discussed a ratio of 2:1 and 3:1. Ms. Mullins commented that other town bylaws typically state a 2:1 ratio. Ms. Mullins summarized revisions made regarding a vernal pool definition and performance standards on page 10, section 5.7, the word bylaw has been changed to the words, ‘town code’, and the vernal pool definition has moved under section 3. The Commission discussed taking more time to review the revisions. Motion made by Mr. Wolk and seconded by Mr. Bitsko to continue the hearing to November 3, 2014 at 7:00 pm, 4-0 in favor. 6:44 pm Discussion regarding conditions of three marshes at Lexington High School following reconstruction of the adjacent playing fields Ms. Miller summarized the letter of concern submitted by Jim Williams. The Commission discussed the area and possible monitoring. Mr. Wolk asked what parameters would be used to monitor. Mr. Bitsko commented that the baseline could be vegetation. The Commission would like Jim Williams to track and document the changes in vegetation. 6:52 pm Update on invasive species management plan for I-95, Rt 2 bridge replacement project, DEP# 201-902, BL 862 Ms. Mullins gave an overview of MassDOT working with Dave Kaplan, Cambridge Water Department to conduct invasive species management along Route 2. Documents were submitted by MassDOT for feedback from the Commission. 6:55 pm Motion made by Mr. Wolk and seconded by Mr. Bitsko to appoint Phil Hamilton, Bob Creech, Wendy Gebrenya, Adam Glick, John Keeley, Mike Tabaczynski and Alex Dohan to the Turning Mill Conservation Area Subcommittee, 4-0 in favor. 6:56 pm Motion made by Mr. Wolk and seconded by Mr. Bitsko to issue a Certificate of Compliance for 2 Diamond Road, DEP# 201-900, BL 859, 4-0 in favor. The Commission postponed issuing a Certificate of Compliance for 14 Winthrop Road, DEP# 201-885, BL 844, 4-0 in favor. 6:57 pm Reports: Bike Advisory, Community Preservation Committee, Land Steward Directors, Housing Partnership, Tree Committee, Land Management, Land Acquisition, etc. Ms. Mullins reported that 25 Ledgelawn Avenue would like feedback on a plan change to construct a retaining wall and bring fill into the area. The Commission would feel comfortable with a plan change as long as the scope of work proposed is outside of the 25-foot buffer zone. 7:00 pm Motion made by Ms. Dohan and seconded by Mr. Wolk to approve the minutes from October 6, 2014, 4-0 in favor. 7:00 pm Cont. 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, Inc., David Brossi, Applicant and Dan Taylor, Contractor Comments from the Commission as follows: The Commission heard the proposal for construction of a deck with the amendment to the order of conditions to increase the footprint of the dwelling. 7:00 pm Hearing – 121 East Emerson Road, AmendOOC DEP# 201-917, BL 877 Applicant: CJM Builders, Inc. Site work conducted beyond the scope of the original Order of Conditions; the footprint of the constructed dwelling is larger than the footprint of the approved dwelling Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Inc., David Brossi, Applicant and Dan Taylor, Contractor Mr. Kirby gave an overview of the proposed work for construction of the deck and the amendment to the order of conditions in which the footprint of the dwelling was increased during construction. Mr. Wolk entered the affidavit into the record for watching the LexMedia video from the September 22, 2014 hearing regarding this matter. Ms. Miller stated her outrage that the Order of Conditions was not complied with by the applicant and contractor. Comments from the Commission as follows: Ms. Miller commented that a proposed patio was filled in and is now part of the dwelling. Ms. Dohan asked for clarification on the original approved footprint of the house as shown on the plan. Mr. Bitsko asked if the plan in front of the Commission showed all impervious surfaces that will be constructed. Mr. Wolk asked the square footage of the structure previously approved by the Commission. Mr. Kirby stated a 1,900 square foot dwelling was proposed and a 2,485 square foot dwelling was constructed. Mr. Wolk would like a larger plan submitted showing the footprint of the dwelling approved by the Conservation Commission, a transparent overlay showing the plan submitted to the Building Department, and an overlay of the existing dwelling that was constructed. The Commission took a brief five minute recess until 7:30 pm in order for the representative to speak with his client. Deborah Zuckerman of 129 East Emerson Road commented that the stairs coming off of the garage are not shown on the plan. Mr. Kirby responded that the grade will be changed to accommodate one stair which will be shown on the plan. Ms. Zuckerman would like to see the grade changes on the new plan. Mark Burnett of 115 East Emerson Road asked about the process for submitting and reviewing plan changes during construction under the local bylaw. Ms. Miller commented that the Commission will be issuing a cease and desist order. Mr. Wolk stated the plans need to show the roof overhangs. Ms. Miller read the letter submitted by Liz and Mark Burnett of 115 East Emerson Road, which summarized issues discussed by all of the abutters. Ms. Miller read the names of the abutters that submitted letters; Richard Melnick, Elaine Dratch, Charles & Elaine Brenner, Liz & Mark Burnett, David Gendelman, Wendy Czarnecki and Deborah Zuckerman. Motion made by Mr. Wolk and seconded by Ms. Dohan to issue an enforcement order to cease and desist work until the order of conditions is complied with, 4-0 in favor. Jeffrey Goldberg of 177 East Emerson Road stated abutters share the outrage of the Commission that filing processes were not followed by the applicant and contractor. Motion made by Mr. Wolk and seconded by Ms. Dohan to continue the hearing for the amendment to the order of conditions at the request of the applicant to November 3, 2014 at 7:00 pm, 4-0 in favor. Motion made by Mr. Wolk and seconded by Ms. Dohan to continue the hearing for the Notice of Intent to construct a deck at the request of the applicant to November 3, 2014 at 7:00 pm, 4-0 in favor. 8:05 pm Hearing – 22 Ledgelawn Avenue, NOI DEP# 201-954, BL 912 Applicant: CJM Builders, Inc. Re-locate an existing driveway associated with a raze and rebuild of a single- family dwelling within the 200-foot Riverfront Area Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Inc. and Brian Morin, CJM builders Mr. Kirby stated the re-location of the driveway is within the jurisdiction of the Commission. The demolition and rebuild of a single-family dwelling is outside jurisdiction of the Conservation Commission. One tree is proposed to be removed. Comments from the Commission as follows: Ms. Miller read the engineering report stating, “This project is demolition of a dwelling and construction of a new single-family dwelling. A report of soils test results is on the plans. Calculations are responsive. New impervious area is offset with a subsurface infiltration system. The calculations show that the rates and volume of runoff after construction are less than existing conditions for the design storms. Water and sewer services are shown on the plan. The infiltration structure in the front yard must be situated such that it does not overlap the water and sewer services. Operation and maintenance instructions are part of the drainage report and are sufficient. The construction should be inspected by a design professional and as built drawing should be submitted to the Town Engineer. During construction, erosion and sedimentation control procedures should be in place. This should include a wheel-cleaning area for construction vehicles.” In response to Mr. Bitsko’s question, Mr. Morin commented that the stone pad would be removed after construction. Edward Cheng of 23 Ledgelawn Avenue asked about the direction of runoff from the re-location of the driveway. Mr. Kirby commented under the proposed conditions an infiltration system will capture runoff, therefore not displacing water onto other properties. Ms. Mullins commented relocating the driveway causes less impervious surface to be within the Riverfront Area. Motion made by Mr. Wolk and seconded by Ms. Dohan to close the hearing, 4-0 in favor. Ms. Dohan stated that after checking with Lynne Pease in the Selectmen’s Office, she can participate on both the Conservation Commission and Greenway Corridor Committee, as well as vote on both. Ms. Dohan will need to recuse herself when it becomes a conflict of interest. Ms. Dohan commented that she is unable to be an official liaison for the Greenway Corridor Committee, but the Conservation Commission does not need one. 8:27 pm Motion made by Mr. Wolk and seconded by Ms. Dohan to adjourn the meeting, 4-0 in favor. Respectfully submitted, Michelle Morelli Community Development Department Assistant