HomeMy WebLinkAbout2016-01-25-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday, January 25, 2015
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue
Chair Phil Hamilton opened the meeting at 6:30 pm in the Parker Room of the Town Office
Building.
Commissioners Present: Alex Dohan, Kevin Beuttell, Dick Wolk, Phil Hamilton, Joyce Miller,
Duke Bitsko
Others Present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30pm
Informal Hearing
1010 Waltham Street, Brookhaven Expansion
Jim Boraback- Brookhaven Representative, William Dailey- Attorney
Mr. Boraback and Mr. Dailey explained that Brookhaven wishes to expand their services to a
property that they recently purchased. It would involve a 10,000 sq. foot expansion with 49
assisted living units. The second component would include a bridge spanning across an
intermittent stream with a road that would connect the two pieces of the facility. He explained
that they would modify the retention pond as a way to compensate for the increase in impervious
cover. Additionally, there would be path that was accessible to the public that would connect the
property to existing conservation trails.
Mr. Boraback told the commission that they have been meeting with other town departments to
try to hear everyone’s concerns before they go ahead with the permitting process. He explained
that the stream crossing is necessary for public safety.
Comments and concerns from the commission:
Ms. Mullins explained the Directive Review Team at the town hall and how it operates. She told
the commission that this project has come in front of DRT multiple times. They were originally
proposing two stream crossings, but they have went down to one.
The commission stated that the potential applicants should get in contact with the neighbors early
on in the process so that they are aware of what is being planned.
The commission asked that the potential applicant revisit the path connection and consider
building it in a more wooded area.
6:45pm
Site visits were scheduled for Saturday February 6, 2016 at 9:30am.
6:46pm
Plan change at 92 Adams Street, DEP File No. 201-904, BL 864
Ms. Mullins explained that the owner now wishes to add a porch to the front of the house that
was not previously approved. The porch is outside of the 100 ft buffer, but needed to be taken
into account for the engineering reviews.
Mr. Hamilton entered the engineering report into the record.
Motion to approve the plan change made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 6-0
in favor.
6:48 pm
Plan change at 61 Solomon Pierce Road, DEP File No. 201-888, BL 847
Ms. Mullins explained that when she was on an inspection of this project she noticed that part of
the patio was not infiltrating into the system and the water was running off into the wetland. The
engineer submitted a plan to the commission that compensated for this additional runoff.
Mr. Hamilton entered the engineering report into the record.
Motion to approve the plan change made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 6-0
in favor.
6:50 pm
Issue Order of Conditions for 60 Hartwell Ave, DEP File No. 201-1005, BL 962
Mr. Hamilton explained that the hearing was closed at the last meeting and there was an
agreement that certain issues would be addressed as conditions in the Order of Conditions. He
stated that the Order of Conditions would be written based on the most recent submission to the
commission.
The commission asked for clarification regarding how long would be given for new plant
establishment. It was explained that for at least one year, the invasive species will be pulled back
and the new species will be monitored.
Motion to issue the Order of Conditions for 60 Hartwell Ave made by Mr. Wolk and seconded
by Mrs. Dohan. Vote: 6-0 in favor.
Issue Order of Conditions for 37 Justin Street, DEP File No. 201-1011, BL 968
Motion to issue the Order of Conditions for 37 Justin Street made by Mrs. Dohan and seconded
by Mrs. Miller. Vote 6-0 in favor.
Issue Order of Conditions for 29 Fairlawn Lane, DEP File No. 201-1016 BL 973
Motion to issue the Order of Conditions for 29 Fairlawn Lane made by Mrs. Miller and seconded
by Mr. Beuttell. Vote: 6-0 in favor.
Issue Order of Conditions for 48 Brandon Street, DEP File No. 201-1018 BL 975
Motion to issue the Order of Conditions for 48 Brandon Street made by Mrs. Miller and
seconded by Mr. Wolk. Vote: 6-0 in favor.
Issue Order of Resource Area Delineation for 10-12 Rangeway, DEP File No. 201-1012, BL 969
Ms. Mullins presented an Order stated that reflected the Commission’s approval of the BVW at
points 7 and 8, as well as finding the proposed status of the stream is inaccurate based on
evidence of hydrological activity and the submitted video, which did not establish that the pipe
was completely blocked and unable to carry flow to from the up gradient wetland.
Motion to issue the Order of Resource Area Delineation made by Mr. Beuttell and seconded by
Mrs. Dohan. Vote: 6-0 in favor.
Issue Certificate of Compliance for Maguire Road and Hartwell Ave, DEP File No. 201-994 BL
951
Motion to issue a Certificate of Compliance for Maguire Road and Hartwell Ave made by Mr.
Wolk and seconded by Mrs. Miller. Vote: 6-0 in favor.
6:58pm
Enforcement at 55 and 31 Allen Street
Ms. Mullins explained that she drafted an enforcement order for the property along with an
associated map showing the protected resource area and latest RDA plan. She also included
aerials from 2012. She explained that the map has highlighted areas which must be restored. The
order would require the property owner and/or tenant to install erosion controls by February 9,
2016. On February 22, 2016, the tenant and/or owner would have to come to the commission
meeting and explain their restoration plan. The commission said that the order looked fine, but it
should be accompanied by a cover letter to make the meaning very clear.
Questions and comments from the audience:
Peter A. Kreisky, 3 Clematis Road, stated that he is very concerned that there will be serious
flooding because of the closing in of the stream. He stated that he is worried that when the snow
melts, there would be serious flooding.
Jay Parsons, 65 Allen Street, said that his main concern is to keep on top of the situation. He is
very concerned with the amount of work that has gone on without a permit. He told the
commission that he is working with the Charles River Watershed Association on the matter. He
is concerned with what is running off into the wetlands.
Marie Tulin, 56 Allen Street, stated that she is speaking on behalf of many neighbors. She is
relieved that the commission is taking action, but wants to be ensured that their actions will be
fixed.
Motion to issue the Enforcement Order for 55 and 31 Allen Street made by Mrs. Miller and
seconded by Mrs. Dohan. Vote: 6-0 in favor.
Continued Hearings
7:10pm
DEP File No. 201-1013, BL 970
NOI, 99 Hancock Street, Diamond School
Owner/Applicant: Town of Lexington
Project: School addition and associated site appurtenances
Fred King- Wetlands Scientist, Ken DiNisco- Architect, Vivian Lowe- architect, Bill Brown-
landscape architect
Documents: Presentation and question handout 1/25/2016
Mr. King explained the presentation as the commissioners viewed it. The presentation went into
more detail about how the schools will be meeting the stormwater requirements as well as how
they are meeting the recharge and water quality standards. The presentation also went into a
graphic explanation of how the land use would be changing.
Mr. Brown explained that seven trees would be removed within the buffer zone, but 22 would be
planted. The trees on the whole property would be replaced with mostly native trees and some
non-native trees that are beneficial for educational purposes. He also explained that the bio
retention basins will be planted with a wet and dry seed mix combination. Mr. Brown told the
commission that along the road and driveway, they will use a wildlife seed mix but have a
maintenance plan indicating how the areas alongside the driveway.
Mr. King told the commission that they have done some more research into the existing
underground recharge system and it seems to be in good condition. During construction, the
system will be taken off line and heavy equipment will stay out of that area. He also stated that
the road sub drain will be moved further away from the wetland.
Questions and comments from the commission:
The commission requested updated plans.
The commission expressed concern over the seedmix used in the bio-retention basin.
The commission asked the applicant to explore educational options regarding the building. The
commission stated that they felt this project was a good opportunity to educate children about
green infrastructure. The applicant answered that they would look into adding some educational
aspects to the project.
The commission questioned why all the plantings would not be native.
Motion to continue the hearing at the applicant’s request to February 9, 2016 made by Mr. Wolk
and seconded by Mr. Beuttell. Vote: 6-0 in favor.
7:58 pm
DEP File No. 201-1014, BL 971
NOI, 17 Stedman Road, Clark School
Applicant/Owner: Town of Lexington
Project: School addition and associated site appurtenances
Fred King- Engineer, Ken DiNisco- Architect, Vivian Lowe- architect, Bill Brown- Landscape
Documents: Presentation 1/25/2016, Question handout 1/25/2016
Mr. King gave the commission a similar presentation as he did for the Diamond School. He
explained that the peak flows and volumes will be met. He also explained to the commission
how they are meeting the performance standards. Mr. King used a visual presentation to explain
the land use changes as well as the wetland restoration along the riverbank.
Mr. King then went into more detail regarding the landscape plan. There will be 23 trees
removed from the 100ft Buffer Zone, but 38 new trees will be added.
The alternatives analysis was explained in greater detail. Overall, the grade of the site as well as
the necessary functions of the school limited the applicant as to where they could place the
addition. He added that the school is essentially surrounded by wetlands, so there is no clear
better alternative location. He stated that there are no sites available in town for a new school.
Questions and comments from the commission:
The commission asked if there were any other alternatives for the drainage from the roof of the
addition rather than having it run into the stream. The asked whether a bio retention system was
possible. Mr. King and Mr. DiNisco told the commission that adding gutters to the area would be
a maintenance issue. They also stated that they are making up for this in other areas of the
project. They do not have to meet DEP water quality certification standards.
The commission requested that the applicant do more research into the plants and seedmix that
will be used for the wetland restoration area.
The commission also asked that the applicant look at using all native plants.
The commission requested a summary of the one year storm.
Comments from the audience:
John and Wendy Stone expressed concern over the trees that would be removed as a result of the
tennis court being moved. The applicant told the Stone’s that they would plant a shade barrier
along the side of the tennis court. The applicant also explained that the parking lot along the
street was being eliminated which will reduce the traffic.
Motion to continue the hearing at the applicant’s request to February 9, 2016 made by Mrs.
Miller and seconded by Mrs. Dohan. Vote: 6-0 in favor.
8:32pm
DEP File No. 201-1017, BL 974
NOI, 139 Wood Street
Owner/Applicant: Raj Janu
Project: Proposed garage addition and home and landscape improvements
Motion to continue the hearing to February 9, 2016 at the applicant’s request made by Mr. Wolk
and seconded by Mrs. Dohan. Vote: 6-0 in favor.
DEP File No. 201-1020, BL 977
NOI, 24 Hancock Street
Owner/Applicant: Kevin and Leslie Sargis
Project: Remove existing barn from its foundation and temporarily move the barn
Motion to continue the hearing at the applicant’s request to February 9, 2016 made by Mr.
Beuttell and seconded by Mrs. Dohan. Vote: 6-0 in favor.
8:35 pm
DEP File No. 201- 1019 BL 976
NOI, 6 Bryant Road
Owner: Kan Lui and Katherine Wang
Applicant: Kevin Xu
Project: Raze and rebuild Single Family Dwelling
Kevin Xu- Builder, Debbie Anderon- Wetlands Scientist, Tom Ryder- Engineer
Documents: Operation and maintenance plan,
Mr. Ryder explained that they made the requested changes for engineering department they were
just waiting on final review. They added an additional infiltration unit and did soil testing. The
engineer also commented that they could add compost filter socks.
Questions and comments from the commission:
The Commission asked if any more research has been done into the wetlands line. Ms. Anderson
answered that she was unaware that the commission wanted more research to be done. She stated
that she is willing to go out with Ms. Mullins to do more soil testing.
The commission requested details of the clean outs on the infiltration chambers.
Questions and comments from the audience:
The owner of 6 Bryant asked for detail into how the conservation process works.
Marjorie Radlow, 8 Bryant Road, expressed concern over the water problems on the street. She
feared that the situation would get worse especially with the loss of the trees.
Allison Abdu also expressed concerns regarding the flooding in the neighborhood.
Motion to continue the hearing to February 9, 2016 at the applicant’s request made by Mrs.
Dohan and seconded by Mrs. Miller. Vote: 6-0 in favor.
9:07pm
28 Carriage Drive, Enforcement
Ms. Mullins explained that she placed a building permit for a retaining wall on hold because it
would need permission from the commission to move forward. However, building inspections
took place and the applicant informed Ms. Mullins that the work was already completed. Upon
an inspection it became clear that water was flowing directly to the wetland. The enforcement
order would have the applicant come to the commission with a restoration plan.
Motion to issue the enforcement order made by Mr. Wolk and seconded by Mr. Beuttell. Vote:
6-0 in favor.
9:11pm
The commission decided to postpone the approval of the January11, 2016 minutes until the next
meeting.
9:12pm
Motion to adjourn the meeting made by Mrs. Miller and seconded by Mr. Wolk. Vote: 6-0 in
favor.
Respectfully Submitted,
Casey Hagerty
Conservation Department Assitant
Approved 2/9/2016