HomeMy WebLinkAbout2015-10-19-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday, October 19th 2015
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue
Chair Philip Hamilton opened the meeting at 6:32 pm in the Parker Room of the Town Office Building.
Commissioners Present: Kevin Beuttell,Phil Hamilton, Alex Dohan, Dick Wolk, Joyce Miller
Others Present: Karen Mullins, Conservation Administrator, Casey Hagerty, Conservation Department
Assistant
Pending Matters
6:32pm
Eagle Scout Presentation by Sean Lehoux
Mr. Lehoux explained that for his Eagle Scout project he wishes to build a bench at West Farm
overlooking Wilson farm. He stated that he will build the bench with the help of his family members.
Comments/Concerns from the commission:
The commission stated that Mr. Lehoux should seek help from someone who can help him with invasive
species removal.
Mrs. Miller made a motion to approve the project and Mr. Beuttell seconded.Vote: 5-0 in favor.
6:34pm
Eagle Scout Presentation by Liam Wurtz
Mr. Wurtz explained that for his Eagle Scout Project he would like to build a compost bin at
Idylwilde Community Garden. He stated the project would use cement to secure the pit into the
ground. The project would be completed over two weekends with help from volunteers.
Comments and concerns from the Commission:
The commission told Mr. Wurtz that they would give him a window of time to complete the
work.
The commission wanted to be ensured that Mr. Wurtz was collaborating with the garden
stewards. Mr. Wurtz told the commission he was in communication with the gardeners.
Motion to approve the project made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 5-0 in
favor.
6:36 pm
Plan change 116 School Street (DEP File 4201-965, BL 923)
Mrs. Mullins explained that applicant for the project at 116 School Street did not get approval
from the zoning board to construct a two family home. She stated that he is now building a single
family home. The drainage system would remain the same size and the impermeable surface
would be reduced.
Comments and concerns from the commission:
The commission stated that the applicant did not need to file a formal amendment to get the plan
change approved.
6:37pm
Issue Order of Conditions to 6 Blueberry Lane, DEP File No. 201-999,BL 956
Motion to issue an Order of Conditions made by Mrs. Miller and seconded by Mrs. Dohan.Vote: 5-0 in
favor.
6:38pm
Issue Order of Conditions to 12 Brookside Ave, DEP File No. 201-1000, BL 957
Motion to issue an Order of Conditions made by Mrs. Miller and seconded by Mr. Beuttell.Vote: 5-0 in
favor.
6:40pm
Requests for Certificates of Compliance at 16 Solomon Pierce Road(DEP File 9 201-500, BL 458)
Phil Posen, lawyer representing Dr. Huang (owner)
Mr.Posen explained that he was seeking a certificate of compliance on behalf of his client. He recognized
that his client's situation is not ordinary.
Comments and concerns from the audience:
The commission questioned the location of where they would be approving an Order of Conditions.
The commission stated that they would need to do another site visit before they could issue the Certificate
of Compliance.
6:52pm
Requests for Certificates of Compliance at 103 Woburn Street(DEP File No. 201-950, BL 908)
Steve Stratford, owner
Mrs. Mullins explained that the property in question is in compliance with the Order of Conditions. The
only question that remains was whether the restoration area meets the requirements for buffer zone
restoration. Mrs. Mullins stated that the restoration area looked bare.
Comments and concerns from the Commission:
The commission stated that they want more seed mix used in the restoration area.
The commission wanted to be ensured that the new owner would continue to comply with the order of
conditions. Mrs. Mullins informed the commission that they could issue a partial Certificate of
Compliance so that the new owner would be responsible for carrying out the remainder of the work.
Mrs. Miller made a motion to issue a partial Order of Conditions and Mrs. Dohan seconded.Vote: 5-0 in
favor.
6:57pm
There were no new reports
6:57pm
The meeting minutes will be approved at the next meeting.
New Hearings
6:58pm
RDA, Dunback Meadow
DET 15-25
Applicant: Greenway Corridor Committee
Owner: Town of Lexington Conservation
Project: Installation of memorial plaque and benches
Documents: RDA Package dated 9/28/2015, Pictures, Site Map
Susan Kenyon, Greenways Corridor Committee
Mrs. Dohan recused herself from this hearing.
Ms. Kenyon explained that she and the Greenways Corridor Committee wish to install a
memorial bench and plaque on a boulder in Dunback Meadow for her late husband and
influential Greenway Corridor Committee member Rick Abrams. She explained that Dunback
Meadow was important to Mr. Abrams and it was also along the ACROSS Lexington trail
system.
Comments/concerns from the commission:
The commission asked whether other locations were considered for this project. Ms. Kenyon
explained that they had but this was the most feasible as well as sentimental.
The commission raised an issue brought by a Conservation Steward stating the boulder should
remain untouched. Ms. Kenyon stated that the plaque could go on the benches.
The commission raised concern that there is already another memorial project going to be placed
in Dunback Meadow. They were concerned that they were allowing too many projects on
Conservation Land.
The Commission decided they need to make another visit to the site before they could make a
decision.
7:11pm
RDA, 19 Ledgelawn Ave
DET 15-26
Applicant/Owner: Stephen Parus
Project: Replacement of a wooden retaining wall, construction of a new permeable paver patio, and
replacement of two brick walkways
Documents: RDA Package Dated 9/28/2015, Project Description dated 9/29/2015 Site map dated
9/17/2012
Stephen Parus, owner
Mr. Parus explained that his proposed project would involve adding a patio with a walkway
towards the deck. He stated that he is also changing the size and positioning of the retaining wall
in his yard in order to make the yard more level.
Concerns and comments from the commission:
The commission stated that wall that is proposed extends into the 25ft no disturb zone. Mr. Parus
said that he would change that.
Motion to issue a Negative Determination with conditions made by Mrs. Miller and seconded by
Mrs. Dohan. Vote: 5-0 in favor.
7:20pm
RDA, 41 Valleyfield Road
DET 15-27
Applicant/Owner: Suzzane Pan
Project: Stair replacement
Documents: RDA Package dated 9/29/2015, building plans dated 9/29/2015
Carrie Oberhouser Builder and Suzzane Pan, owner
Ms. Oberhouser explained that her client hired her to replace the existing asphalt stairs and
landing with granite. The new walkway and stairs would have the same footprint as the old stairs
and walkway.
Comments and concerns from the commission:
The Commission stated that they did not see a problem with the stair construction but they had
some issues with the rest of the property. They explained that during their site walk they saw
disturbances to the wetlands including clearing, a compost pile, and a footbridge. Ms. Pan stated
that the footbridge was in place before she bought the property.
The commission asked for clarification regarding an issue in 2006 regarding clearing. The
language from 2006 stated that the clearing of the wetland needed to be stopped but there was no
clear language regarding the compost bin.
The commission stated that the enforcement issues are separate from the current construction and
will be dealt with separately.
Mrs. Mullins stated that neighbors call whenever there is significant rain fall to tell her that the
footbridge washed away and is causing downstream flooding.
Comments and concerns from the audience:
Abutter:
An abutter stated that she has lived next door for 35 years and neither her bridge or Ms. Pan's
bridge have ever washed away except for one time in a severe storm.
Motion to issue a Negative Determination with conditions made by Mrs. Dohan and seconded by
Mrs. Miller. Vote: 5-0 in favor.
7:39pm
DEP File No. 201-1003, BL 961
NOI, 63 Winter Street
Applicant: Barons Custom Homes LLC
Owner: Anna E. Rogers
Project: Raze and rebuild existing single family home
DEP File No. 201-1004, BL 960
NOI, 65 Winter Street
Applicant: Barons Custom Homes LLC
Owner: Anna E. Rogers
Project: Raze and rebuild existing single family home
Documents: NOI dated , Building plans dated, Stormwater management plan dated, engineering
report dated 10/19/2015
Ann Martin, LEC Environmental, Mark Barons- Builder, Jim Burke- Engineer
Ms. Martin presented both of these projects simultaneously. Both existing homes would be
demolished and rebuilt. She stated that at 63 Winter Street, the new dwelling would be built
completely outside of the buffer zone. The home is designed as a walkout with a porch off of the
first floor. There would be a standard infiltration system. Ms. Martin explained that a portion of
the project at 65 Winter Street is in the buffer zone, about 85 feet away from the wetland. The
work at 65 Winter Street would involve the removal of a barn in the 25 ft no disturb zone as well
as the installation of an infiltration trench.
Comments and concerns of the commission:
The commission questioned why the limit of work extended into the 25ft no disturb zone. Ms.
Martin explained that it was because the existing barn is within the 25 ft zone.
The commission raised concern about the walkout area at 63 Winter street. They stated they that
they felt that there should be a walkable area around the perimeter of the house.
The commission questioned how the existing satellite dish would be removed. Ms. Martin told
them that it would be removed in the same way that the barn would be removed.
The commission requested that there be no fabric on the bottom of the infiltration trenches.
The commission requested that they retaining wall be re-evaluated.
The commission requested that there be no filter cap on the overflow filter.
The commission stated that they wanted a mowing plan for the barn area as well as an O&M
plan for infiltration trenches.
Motion to continue the hearing at the applicants request to October 26th, 2015 made by Mrs.
Miller and seconded by Mr. Beuttell. Vote: 5-0 in favor.
8:03pm
DEP File No. 201-1002, BL 859
NOI, 139 Grove Street
Applicant: Douglas Orr
Project: Raze and rebuild Single Family home
Documents: NOI dated 9/29/2015, Stormwater management plan 9/29/2015, Building plans
9/29/2015, engineering report dated 10/19/2015
Doug Orr- Orr Custom Homes and Scott Smyers- Oxbow Associates.
Mr. Smyers presented a proposal for a new single family home built within the Riverfront buffer
zone. He stated that the proposed project would include an infiltration system, erosion controls,
and native plantings.
Comments and concerns from the commission:
The commission raised a question regarding the retaining wall in the yard. They questioned
whether it was good for erosion control. They also questioned whether it complied with zoning
regulations.
The commission requested that the engineer confirm that they trench drain is flat and can handle
the water from the swale.
The commission requested that the washed stone detail on the infiltration trench be labeled.
The commission requested that the geotextile detail be shown.
The commission wanted native seed mix to be added to the planting plan.
The commission stated that they wanted the corners of the property demarcated.
The commission stated that the applicant needed to add a limit of work line to the plans.
Vote to continue the hearing at the applicant's request to October 26th 2015 made by Mrs. Miller
and seconded by Mrs. Dohan. Vote: 5-0 in favor.
8:25pm
DEP File No.201-996, BL 953
NOI, 16 Summer Street
Applicant/owner: 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
Documents: Survey dated 10/19/2015, Drainage plan dated 10/15/2015, Building plan dated
10/2/2015, and abutter's letters dated 9/24/2015
Mike Novak- Meridian Engineering.
Mr. Novak explained that he had completed a drainage analysis on the property. On the proposed
plan they have added a path to have access down to the stream, an addition to the paved portion
of the driveway, and a stone infiltration trench. He explained that they would be doing 375 sq
feet of restoration. He stated the fence would be placed three feet off the property line.
Comments and concerns from the commission:
The commission requested clarification of the soil types.
The commission wanted confirmation on the shed setbacks.
The commission raised a question about the tree's being cut down along the property line.
The commission questioned whether the new impervious surface would by pass by the
infiltration system or go into it.
The commission requested that the native stumps not be removed from the restoration area.
The commission requested that there be some type of demarcation on the property to show where
mowing should stop.
Comments from the audience:
Shelly Henderson, 16 Summer Street- Ms. Henderson requests permission to move ahead with
the restoration plan.
Robert Whalen, 12 Summer Street- Mr. Whalen brought up the fact that many of the trees that
are proposed to be cut down are on the property line. He also stated that the trees were healthy
and now appear to be dead.
The commission informed Ms. Henderson that she could start with the restoration plantings as
part of the enforcement order, but could not go further than that at the moment.
Mrs. Miller made a motion to continue that hearing at the applicant's request to November 2nd
2015 and was seconded by Mrs. Dohan. Vote: 5-0 in favor.
9:OOpm
DEP File No. 201-984, BL 942
NOI, 151 Grove Street
Applicant/Owner: Marcel P.J. Gaudreau
Project: Demolish and reconstruct a new single-family dwelling within the 100-foot Buffer Zone
to Bordering Vegetated Wetlands
Marcel Gaudreau- owner and Scott Smyers- Oxbow Associates
Mr. Gaudreau presented is proposed plan for his home at 151 Grove Street. He stated that his
plan has changed since he last presented in front of the commission. He explained that the house
was made smaller and will include a geothermal energy system.
Comments and concerns from the commission:
The commission stated that they were uncomfortable with how much of the house would be built
in the 50 ft no build zone. They stated that they felt there were other options as to where the
house could go.
The commission stated they would conduct another site visit.
Motion to continue the hearing at the applicant's request made by Mr. Bitsko and seconded by
Mr. Beuttell. Vote: 5-0 in favor.
9:40pm
DEP File No. 201-986, BL 943
NOI, 6 John Hosmer Lane
Applicant/Owner: 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 at the applicant's request made by Mrs. Dohan and seconded by
Mrs. Miller. Vote: 5-0 in favor.
9:42 pm
Motion to adjourn made by Mr. Beuttell and seconded by Mrs. Miller. Vote: 5-0 in favor.
Respectfully Submitted,
Casey Hagerty
Conservation Department Assistant
Approved: 11/30/2015