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HomeMy WebLinkAbout2015-09-21-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Monday, September 21, 2015 6:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Avenue Chair Philip Hamilton opened the meeting at 6:35 pm in the Parker Room of the Town Office Building. Commissioners Present: Kevin Beuttell,Phil Hamilton, Joyce Miller, Alex Dohan, Duke Bitsko,Dick Wolk(6:37 pm). Others Present: Karen Mullins, Conservation Administrator, Casey Hagerty, Conservation Department Assistant Informal Hearing 6:35 pm Proposed school renovations: DiNisco Architects Ken DiNisco, Vivian Low, Fred King, Bill Brown This was an informal hearing regarding future work at three Lexington schools that abut wetlands: The Fiske School, the Diamond school, and the Clarke School. Mr. DiNisco explained that the Fiske School, Diamond School, and Clarke School are currently being discussed as locations for school expansions. Each school project would be under the conservation commission jurisdiction. Each school site has different issues that would interest the commission. He stated that Clarke would be the most complicated of the schools. Comments from the Commission: The work at the Diamond School would be just as complex as the work at the Clark School. They are asking the Commission to redefine what is considered a wetland which is out of the scope of their authority. The replacement of the culvert with a bridge is a good idea. There is concern over the road at the Diamond school that would connect the two parking lots in both directions. Having two way traffic can have an effect on the wetland. It is suggested that they look into building outdoor classrooms. Mrs. Mullins said that once they get the wetlands reports they will set up a site visit. New Hearings 7:15 pm DET#15-22 RDA, 2101 Massachusetts Ave Applicant: Mariellen Rodman Project: Proposed deck addition within 100 feet of bordering vegetated wetlands Mariellen Rodman- owner Documents: RDA Package dated 8/31/2015,proposed building plans and plot plan. The applicant is proposing a replacement set of steps and a landing to her stone patio. These are contained entirely in the patio area and does not infringe on any vegetation. There is a wetland in the back yard. The proposed work is between the 50 and 100 foot buffer. Comments from the commission: The commission clarified that what is on the ground will not actually be changing and Ms. Rodman confirmed. The commission asked what the grade is on the ground and Ms. Rodman explained that there is a zero grade. Mrs. Miller moved motion to issue a negative determination, Mrs. Dohan seconded. 6-0 Negative determination with conditions. 7:20 pm DET415-23 RDA, 49 Fottler Ave Applicant: Welcome Ezra Hale and Kristin Bjork Project: Proposed landscaping within 200 foot wetland buffer zone Holly Samuels, landscape architect Documents: RDA Package dated 8/31/2015, Landscaping plans dated 8/31/2016, Addendum to landscaping plans dated 9/21/2015 The applicant presented her plans for landscaping the yard. She wished to modify the landscape within 200 feet of Millbrook. The proposed project would involve constructing three permeable paver surfaces. The applicant explained that the proposed project would also remove invasive species and some saplings and also add new native plantings. Comments from commission: The commissions asked that the permeable paver detail be added to the plans and that the stones be labeled as wash stones. Mr. Wolk moved to motion a negative determination with conditions, Mrs. Miller seconded. 6-0 Negative determination with conditions 7:25 pm DET415-24 RDA, 27 Woodpark Circle Applicant: Brian Kavanagh Project: Proposed connection to town drainage system Al Gala, Engineer Documents: RDA Package dated 5/1/2015, Drainage Calculations 8/25/2015, Drainage plans, 4/8/2015, Engineering review 9/17/2015 Mr. Gala proposed a project for the applicants that would involve creating a pump system that would overflow to the town drainage system. Mr. Gala was called to the property to investigate a flooding basement. He did soil tests and looked at the existing drainage system and realized that it was not sufficient to handle the water flow. The proposed system will be located in the backyard. Comments from the commission: The need for an O&M plan for future owners was addressed and should be added as a condition. The commission asked why was the basement was built two feet under the ground water level. Mr. Gala stated that when the house was built in 2003 they did not realize they had a problem. The commission clarified that there are no previous filings on this property because it is outside their jurisdiction The commission expressed concern about allowing the connection unless it is absolutely necessary. The commission asked for clarification regarding the plans. Mr. Gala explained the inflow is at 97.5 and the outflow is 96.63. Comments from abutters: Lather,25 Woodpark Circle, stated that since the house has been built there has been major issues with water. He wished that the town extended the drainage system to the whole circle. Decision: Motion to order a negative determination issued by Mrs. Dohan and seconded by Mrs. Miller. Vote 5-1 with Mr. Wolk voting against. 7:45 pm DEP File No. 201-, BL NOI, 16 Summer St. Applicant: Gabler Realty Trust Project: Proposed completion of landscape work, construction of a shed, extension a driveway within the 100-foot Buffer Zone of Bordering Vegetated Wetlands and Bank, and conduct restoration activities Rich Kirby, LEC Environmental Consultants Documents: NOI Package 9/1/2015, Abutters' and attorney letters, Plan 8/17/2015, Engineering Review 9/17/2015 Mr. Kirby presented the proposed plans for the applicants at 16 Summer St. The applicant seeks after the fact approval of the removal of trees and other vegetation as well as permission for further vegetation clearing and landscape work and the installation of a shed, fencing, and pervious paver sidewalks and an extension of the existing driveway. Concerns from the commission: The large number of trees removed or proposed to be removed. Good native species being removed and replaced with lawn. The shed must meet zoning requirements Lack of clarity over the ownership of some trees to be removed The proposed gap in the fence at the 25 foot wetland buffer line. The proposed driveway extension needs approval of the engineering department Need for clarification of whether the project exceeds the Commission's regulation limiting disturbance in the buffer zone. Comments from the audience: Robert Whalen, 12 Summer St, listed actions that the applicant had taken without approval and stated that they had resulted in increased stormwater runoff and erosion Pamela Whalen, 12 and 0 Summer St, asked questions to Mr. Kirby. She wanted to know whether her property has been surveyed. She also stated that the applicant had removed stumps after she had been ordered to stop. Mrs. Henderson, 16 Summer St, stated that she would withdraw her request to erect the fence along the driveway. Mrs. Mullins advised that the applicant that the commission would need a report from the Engineering Department regarding the proposed driveway extension. Mrs. Miller motioned to continue the hearing until the meeting on September 28th and Mrs. Dohan seconded the motion. 8:30 pm DEP File No. 201-719, BL 676 Amend Order of Conditions, 200 Shire Way Applicant/Owner: Shire HGT, Inc. Modification: Construct two previously proposed reserve parking lot areas c Documents: Stormwater Management, Plans John Hart, Engineer The original Order was filed in 2007 and was extended for two more years in February 2015. In August the applicant requested to come back for an amendment because they found the need for additional parking. The proposed amendment would add 57 new parking spots. Mr. Hart stated that despite adding additional impervious paver they will still be 7,000 sq. feet less of impervious surface than originally proposed. They have a snow storage plan and are adding a snow septor so that it would flow directly to the for bay. Comments from the commission: The commission stated that an engineering review would be necessary The commission appreciated the storm water management concerns. The proposed project will also go in front of the Zoning Board Comments from Audience: Jeanie Canalie, 29 Shade Street, inquired as to how the whole process works. She wanted to be ensured that the case would have to go in front of the Zoning Board as well as Town Council Motion to approve amendment with conditions moved by Mrs. Miller and seconded by Mr. Wolk. Vote 6-0 in favor. Continued Hearing DET415-21 RDA, 48 Bartlett Avenue Applicant: Ryan Patric, Lexington Christian Academy Project: Replace paver path at Munroe Brook crossing within the 200-foot Riverfront Area, Bordering Land Subject to Flooding, and 100-foot BVW Buffer Zone Motion to continue hearing to 9/28 DEP# 201-969, BL 927 NOI, 32 Hartwell Avenue Applicant: Boston Properties Parking lot repaving and improvements within bordering land subject to flooding and within the 100-foot buffer zone to wetlands and blsf Rick DiAgelis, Attorney Domenic Rinaldi, Engineer Documents: Plans 9/21/2015 Mr. Rinaldi presents his edited plan for the parking lot repavement of 32 Hartwell Ave, an existing building. They are attempting to control run off to wetlands and gain additional treatment areas before running into the wetland. There will be 860 sq. ft. of permanent wetlands alteration in order to build a swale on the southern side of the lot. They are proposing 2000 sq. feet in wetlands replacement to mitigate the additional swale. Concerns and comments from the commission: Issues that were previously addressed in an email were discussed The possibility of the project being able to meet the 80% TSS standard The need for an O&M Plan Appreciation was expressed for the 2:1 wetland replication area Motion to close the hearing offered by Mr.Bitsko and seconded by Mr. Wolk. Vote 5-0 in favor. 9:20 pm DEP 201-993 BL 950 NOI 23 Oxbow Rd Katie Enright Documents: Updated site plan 9/16/2015 Ms. Enrigth addressed comments from the meeting on 8/24/2015. She explains that a shallow pond has been installed to confirm the soils in the front of the house. Spot grades were also added to the infiltration system. Motion to close the hearing offered by Mr. Wolk and seconded by Mrs. Dohan . Vote 5-0 in favor. 9:24 pm DEP File No. 201-995, BL 952 NOI, 230 Lincoln Street Applicant: David Burns, DEBCO Properties Owner: Ranjoo S. Herr Project: Proposed demolition and construction of a single-family dwelling and associated site appurtenances within the 100-foot Buffer Zone of Bordering Vegetated Wetlands Rich Kirby from LEC environmental Documents: Updated site map 9/14/2015 Mr. Kirby Kirby explains the revised plans for the raise and rebuild for 230 Lincoln St. The cross sectional detail of the retaining wall is added as well as the wash stone detail. The perimeter drain daylights near the 25 ft. no disturb zone. The patio is going to be made of a permeable pavers. Comments from commission: The commission questioned the invert pipe for the foundation drain. He thinks the plans show it to be sticking a foot out of the ground. Mr. Kirby states that the pipe will discharge wherever it meets elevation and that is will not be near the 25 foot buffer zone. It will face away from the wetland. The commission asked Mr. Kirby to change the plans to show where the pipe will outlet because some cover will be necessary. Mr. Kirby says that is a good idea. Comments from the public: Karen Beck, 228 Lincoln Street. Ms. Beck is concerned with the marked property line. She wants demarcation of her property line in the field. She believes that the construction will increase water flow discharging onto her property. She also wants to understand what happens in terms of breakage of the ledge. Would they have to go in front of the commission again? Mr. Kirby assures her that water is not likely to flow into her property and a dewatering plan would have to be implemented through terms of law. He also adds that in order to blast they need permission from the fire department. Mrs. Mullins adds that as part of the Order of Conditions they would address the issue of the ledge. Mr. Hamilton adds that they have convinced engineering that construction will not increase volume on the site. Motion to close hearing offered by Mrs. Dohan and seconded by Kevin 9:40 pm DET415-20 RDA, 20 Maguire Road Applicant: Boston Gas Co. d/b/a National Grid Owner: WLC Five Properties VI, LLC Project: Installation of gas utility extension from Maguire Road to 20 Maguire Road office building within the Mean Annual High Water Line to Kiln Brook, the 200-foot Riverfront Area, Bordering Land Subject to Flooding, and 100-foot BVW Buffer Zone Motion to continue the hearing to September 28th at the applicant's request made by Mrs. Dohan and seconded by Mr. Beuttell, 5-0 in favor. 9:40 pm DEP File No. 201-986, BL 943 NOI, 6 John Hosmer Lane Applicant: Arjun Rao Project: Construction of a single-family dwelling and associated appurtenances within the 100- foot Buffer Zone of Bordering Vegetated Wetlands Motion to continue the hearing to September 28 at the applicant's request made by Mrs. Dohan and seconded by Mr. Beuttell, 5-0 in favor. 9:41 pm DEP File No. 201-984, BL 942 NOI, 151 Grove Street Applicant: Marcel P.J. Gaudreau Project: Demolish and reconstruct a new single-family dwelling within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Motion to continue the hearing to October 5th at the applicant's request made by Mrs. Dohan and seconded by Mr. Beuttell, 5-0 in favor. Land Use Permit Application: Greater Boston Youth Mountain Biking 10/3/2015 and 10/17/2015 The Commission received an application from Paul Benson representing the Greater Boston Youth Biking group. They wish to use Turning Mill Parking Area on October 3, 2015 and October 17, 2015 from 9:30-12:30. They will provide a short lesson and then go on a group ride. Comments from the commission: Mrs. Mullins explained that this is a different group from last year, but they got approval from Burlington for the use of the Landlock Forest. She said that she can be sure the Park Ranger is there. The normal Conservation rules would apply. Motion to approve offered by Mr. Wolk and seconded by Mrs. Dohan, 5-0 in favor. Land Use Permit Application: Poor Farm Neighborhood Picnic 9/27/2016 Lisbeth Bornhofft, the Stewards of Poor Farm, requested a Land Use Permit as Poor Farm on September 27th from 4-7pm for a neighborhood picnic. There would be no fires, equipment or alcohol. Motion to approve offered by Mr. Wolk and seconded by Mrs. Dohan, 5-0 in favor. 9:47 pm Conservation Encroachment 7 Fulton Road Mrs. Mullins explained that the owners hired a landscaper to do work on their property in order to control a tick problem. They extended their clearing into Shaker Glen by 20 feet. She worked with engineering to determine a property line and they stopped work; no order has been issued. The owners will be present next week and will submit a restoration plan. 9:50 103 Woburn Street Plan Change, DEP File No. 201-950, BL 908 Steve Carvallo, Lexington Development Group Documents: updated plans 9/21/2016 Mr. Carvallo presented a project to get after the fact approval for a 16ft long walkway with permeable pavers. Restoration plantings have been done. The existing home had a concrete patio and he explained that they did not realize they needed a permit for permeable pavers. Motion to approve offered by Mrs.Dohan and seconded by Kevin, 5-0 in favor 9:52 2 Viles Rd Plan change, DEP File No. 201-961, BL 919 Steve Carvallo, from the Lexington Development Group Documents: updated plans 9/21/2015 Mr. Carvallo explained a proposal to construct a permeable paver patio on the back of the house. The original plans had one on them, but they need to move the location. A sliding glass door has been added to the right side of the house. They also requested a permeable paver patio to connect to the stairs. Motion to approve offered by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Vote to approve Mr. Wolk to the Community Preservation Committee Motion to approve, 4-0 in favor Fiscal year 2017 Budget discussion Mrs. Mullins explained that operating budget is due October 13th so the commission needs to start looking at it. The Conservation Department realized that they can only do one mowing each year rather than two. Issue Certificate of Compliance 82 Pleasant Street DEP File NO. 201-171, BL 118 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Issue Certificate of Compliance 26 Middle Street DEP File No. 201-660 BL 617 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Issue Certificate of Compliance 40 Fern Street DEP file No. 201-934, BL 894 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Issue Certificate of Compliance 22 Ledgelawn Ave DEP File No. 201-954, BL 912 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Issue Certificate of Compliance 44 Hartwell Ave DEP file no. 201-903, BL 863 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor Issue Certificate of Compliance 53 Eldred Street DEP file no. 201-911 BL 871 Motion to issue Certificate of Compliance motioned by Mr. Wolk and seconded by Mrs.Dohan, 5-0 in favor 9:57pm Motion to adjourn made by Mr. Langseth and seconded by Mr. Wolk. Vote: 5-0 in favor. Respectfully submitted, Casey Hagerty Conservation Department Assistant Approved: October 26, 2015