HomeMy WebLinkAbout2015-09-28-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday, September 28, 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, Dick Wolk, David
Langseth (6:31 pm).
Others Present: Karen Mullins, Conservation Administrator, Casey Hagerty, Conservation Department
Assistant
Pending Matters
6:31pm
Land Use Permit Application
Dan 011endorf
Cub Scout Pack 137
Ms. Mullins presented a Land Use Permit Application for a Cub Scout Pack 137 for am
overnight camping trip in Willard's Woods on October 24th, 2015. Ms. Mullins explained that
this group has done this in the past.
Motion to approve offered by Mr. Buetell and seconded by Mrs. Dohan. Vote: 6-0 in favor
6:33pm
Informal Presentation- School Marsh
Jim Williams
Former Lexington High School science teacher
Mr. Williams explained that he is concerned about the marshes at Lexington High School. He
has noticed that since construction has been done there, the marshes have dried up. He requested
that the commission do a site visit to see if they can notice this change.
The commission stated that they would organize a visit and consult with DPW about the
previous construction.
6:40 pm
Informal Presentation
18 Sanderson Road
Rich Kirby, LEC environmental
Mr. Kirby presented on behalf of the owner of the property. He explained that his client is
proposing building an additional house on their lot so that the whole family can live together.
Mr. Kirby stated that the potential applicant has agreed to 10,000 sq feet of wetlands restoration
in the yard.
Concerns and comments from the commission:
The commission stated that they would like to see mitigation for the existing driveway as well as
the new driveway.
There appeared to be a lot of impervious areas in the 50ft buffer.
The driveway extending into the 25ft no build zone could be a problem.
6:55pm
Enforcement,
7 Fulton Road 6:55pm
Lawrence Schwartz, owner
Mr. Schwartz presented his restoration plan for his encroachment into the abutting Shaker Glen
Conservation land. He stated that this year his family had problems with ticks and they wanted to
do some landscaping to try to curb the problem. He thought the property line was further back
and did not realize the landscaper encroached onto conservation land. He said he would cluster
three or four different varieties of plants in the cleared area of conservation land.
Concerns and comments of the commission:
The commission wanted to ensure that the plantings would go on town property
The commission stated they do not want the plants cared for or mowed after planting
The density of the plants appeared to be low therefore a seed mix would be necessary.
Motion to approve restoration plan offered by Mr. Langseth and seconded by Mrs. Dohan. Vote:
6-0 in favor.
7:05pm
Plan Change
279 Emerson Road
Bob Phelan (owner), Mike Novak(engineer)
Mr. Novak presented a proposed plan change for an already approved project at 279 Emerson
Road. The changes would include moving an infiltration system 20 feet, shifting the patio to the
side of the house, and a proposed gravel parking lot. In terms of the parking area, Mr. Novak
explained that the drainage plans would not be changed and the infiltration system would still be
outside of the 200 ft river front zone.
Concerns/comments from the commission:
The gravel on the driveway should be clean crushed stone with metal edge border to retain it in
place.
The potential for potential erosion of fines from the crushed stone was addressed.
Movement made by Mrs. Miller to approve the plan change and Mr. Langseth seconded. Vote: 6-
0 in favor.
New Hearings
7:14
DEP File No. 201-997, BL 954
NOI, 9 Blodgett Rd
Applicant: Joel Werrick
Project: Raze and rebuild existing single family home
Documents: NOI package dated , Stormwater management plan, building plans
Rich Kirby, Fred Russel, and Joel Werrick
Mr. Kirby presented a proposed project for a new single family house on Blodgett Road in which
they would tear down the existing home and build a larger one. The project would include an
infiltration system to handle storm water as well as a shallow swale.
Comments/concerns from the commission:
The commission expressed concern about how the driveway drainage was being handled.
The use of a sump pump is confirmed.
The geotextile detail on the plan should be clearer.
Comments from the audience:
Luanna Devennis of 7 Blodgett Road expressed concern about water flowing into her lot.
A motion to close the hearing was offered by Mrs. Miller and was seconded by Mr. Langseth.
Vote 6-0 in favor.
7:30pm
DEP File No. 201-998, BL 955
NOI, 14 Hamblen St.
Applicant: Stephen Macchia
Project: Raze and rebuild existing single family home
Documents: NOI Package, Stomwater Management Plan, Building plans
Rich Kirby, LEC and Mike Novak from Meridian Engineering
Mr. Kirby presented a proposed project for a raze and rebuild of a single family home. There will
be a trench drain with a sump box to collect runoff as well as a storm water management system
that will bring water to an infiltration system. The proposed project would include tree protection
and tree replacement.
Concerns and comments from the commission:
A question was raised as to how the wetland was delineated. Mr. Kirby responded that LEC and
other wetlands scientists had changed the way they have determined the presence of hydric
soilsare told that the way wetlands are delineated has changed in recent years
The commission requested that the detail on the infiltration should be showed as well as the
detail on the crushed stone.
The commission requested double washed stone
Comments from audience:
Tracy Boruta of 136 Cedar Street expressed concern about the trees running along the property
line next to the proposed project. She wanted to be ensured that the builder will cooperate with
her regarding plantings
Motion to close the hearing made by Mr. Langseth and seconded by Mrs. Dohan. Vote 6-0 in
favor.
Continued Hearings:
7:55pm
DET 415-21
RDA, 48 Bartlett Ave
Applicant: Ryan Patric, Lexington Christian Academy
Project: Replace paver path at Munroe Brook crossing within 200 foot Riverfront Area,
Bordering Land Subject to flooding, and 100-foot BVW buffer zone
Documents: Cross sectional view of brick pavers
Ryan Patric and David Allen
Mr. Patric explained to the commission that he submitted to the commission the requested side
view of the brick pavers.
Comments and concerns from the commission:
The commission wanted to ensure that erosion controls would be used if there was going to be
stockpiling of stone dust.
Motion to issue a negative determination made by Mrs. Miller and seconded by Mr.Langseth.
Vote 6-0 in favor.
7:58pm
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
Documents: Site plan 9/28/2015
Andrea Kendall, LEC Environmental and Andrew Kelly from National Grid
Ms. Kendall explained the details of the project. The whole project has been completed except
for the crossing of Kiln Brook because the applicant did not realize that they required
conservation approval. She explained that there is enough coverage to embed the pipe in the road
way and they did obtain the Conservation Restriction details. She stated that the remaining
question regarding the project is whether the gas line can remain or whether it must be removed.
They would prefer to put the remainder of the pipe in the lawn rather than the parking lot. Ms.
Kendall explained that trenching activities would be kept to a minimum.
Comments and concerns from the audience:
The commission is concerned about the oversight on National Grid's part.
The commission questioned National Grid's interpretation of the language in the Conservation
restriction.
The commission wants to be ensured that National Grid will abandon the pipe in the
Conservation Restriction and it will not be used in the future.
The commission stated that they want to be provided with an as built plan.
The commission stated that there should be no stock piled soils.
Mrs. Miller moved to issue a negative determination with conditions and Mrs. Dohan seconded.
Vote 6-0 in favor.
8:25pm
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
Documents:
Mike Novak, Meridian Associates
Mr. Novak presented a potential project. He explained that he is not looking for a vote at the
meeting. Mr. Novak told the commission that he did some research into the meeting minutes
from the last time this property was in front of the commission and he did not find anything
specifically stated that lot 5 would not be developed. Mr. Novak explained that two new
driveways would be built.
Comments and Concerns from the Commission:
The commission is concerned with the language of the minutes from 1993 when the house on 5
John Hosmer Lane was built.
Serious concern was expressed over the elevation and slope of the potential project.
Concern was expressed over the concessions that were made in 1993. The commission would
like to see 5 John Hosmer Lane brought up to current standards.
The commissioner expressed concern over the width of the driveways.
Motion to continue to October 19th at applicants request moved by Mr. Langseth and seconded
by Mrs. Miller. Vote 6-0 in favor.
8:46pm
DEP File No.201-996, BL 953
NOI, 16 Summer Street
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
Motion to continue the hearing until October 5th at the applicants request offered by Mrs. Miller
and seconded by Mrs. Dohan.
8:47pm
Enforcement Order
85 Reed Street
Mrs. Mullins explained that the previous owners of 85 Reed Street applied for an amendment,
but pulled it at the request of the new owner. The current owner hired a landscaper and
constructed an unpermitted patio.
Comments and concerns of the Commission:
The commission expressed concern over the fact that the current owner was aware of the
ongoing Order of Conditions and still did the work.
The commission stated that they would want to fine the owner for the work that she did.
A motion issued an enforcement order moved by Mr. Wolk and seconded by Mrs. Miller. Vote
6-0 in favor.
8:54 pm
Issue Order of Conditions
32 Hartwell Avenue
DEP# 201-969, BL 927
Motion to issue Order of Conditions offered by Mrs. Dohan and seconded by Mrs. Miller. Vote
6-0 in favor.
8:55pm
Issue Order of Conditions
23 Oxbow Road
DEP File No. 201-993, BL 950
Motion to issue Order of Conditions offered by Mrs. Miller and seconded by Mr. Wolk. Vote 6-0
in favor.
8:56pm
Issue Order of Conditions
230 Lincoln Street
DEP File No. 201-995, BL 952
Motion to issue Order of Conditions offered by Mrs. Dohan and seconded by Mrs. Miller. Vote
6-0 in favor.
Discussion:
Mr. Wolk discussed the criteria that he believed should be necessary for a project to connect to
the town drainage system. He stated that he did not want the project at 27 Woodpark Circle to be
considered a precedent for future projects.
9:O1pm
Motion to close the hearing moved by Mrs. Dohan and seconded by Mrs. Miller. Vote 6-0 in
favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved: October 26, 2015