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HomeMy WebLinkAbout2016-03-07-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Monday March 7, 2016 6:30 P.M. Parker Room, Town Office Building 1625 Massachusetts Ave Chair Phil Hamilton opened the meeting at 6:36 pm in the Parker Room of the Town Office Building Commissioners Present: Alex Dohan, Kevin Beuttell, Dick Wolk, Phil Hamilton, Joyce Miller, Duke Bitsko, David Langseth Others Present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation Department Assistant 6:31 Site visits were scheduled for Saturday March 19 at 9:30am. Reports Mr. Hamilton reported that he wants to schedule a meeting of the Community Garden Sub- committee. 6:33 Update on Enforcement at 55 and 31 Allen Street Rich Kirby from LEC Environmental explained that he has been contacted by Attorney Bill Dailey to be brought into the project. He stated that he is not under retainer yet, but expects to be in the next few days. He requested a continuance for two weeks. Questions and comments from the commission: The commission asked Mr. Kirby when he expected to be put under retainer. They also asked him why there was a delay in getting to that point. Mr. Kirby stated that he expected to be hired in the next few days. He also explained that he was unable to write a proposal for Mr. Dailey before the conservation commission hearing. The commission asked Mr. Kirby what work he anticipated doing. He explained that he thinks he will be reviewing information that was gathered by the LSP. The commission requested that he present the commission with his own opinion based on his own observations rather than relying on the observations of others The commission explained to Mr. Kirby that at the next meeting they want to be presented with a concrete plan as to the steps forward. Questions and comments from the audience: Ricky Pappo, 16 Blossom Crest, asked Mr. Kirby more about what LEC does. She questioned the time line and why Mr. Kirby was not brought on from the beginning. Ms. Pappo also expressed concern over the amount of work that was done and whether there would still be indications of wetlands. Alexander Schwatzer questioned why there was no other representative present from 31/55 Allen Street present. Glen Lucas, Allen Street, asked why there were no results being presented tonight. Mr. Hamilton explained that the commission wanted results from a wetlands scientist not just an engineer and that Mr. Kirby is a wetlands scientist, but that he has not yet been able to evaluate the site.. Ten neighbors and abutters were present at the meeting. Motion to continue until 3/22/2016 made by Mr. Wolk and seconded by Mrs. Dohan. Vote: 7-0 in favor. Issue Order of Conditions for Diamond School, DEP File No. 201-1013, BL 970 Mr. Langseth did not vote. Motion to issue the Order of Conditions for Diamond School, 99 Hancock Street, made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0 in favor. Issue Order of Conditions for 10 Churchill, DEP 201-1021, BL 978 Mr. Langseth did not vote. The commission discussed what conditions should be put in the order regarding the buffer zone and the 50% rule. Motion to issue the Order of Conditions made by Mr. Wolk and seconded by Mrs. Miller. Vote: 6-0 in favor. Issue Certificate of Compliance to Mulberry Lane, DEP File No. 201-758, BL 716 The commission explained that there were a few issues at the site visit that they want addressed before they will issue the Certificate of Compliance, including plant establishment, encroachment within 25 ft. buffer, and trash and construction debris. They will reconsider the request for a Certificate of Compliance in May. Approve expenditures from Lexington Nature Trust Expenditures for the 2015 Holiday Donation appeal and a reprinting of the Lexington Alive Trail Guide totaling $3,560.69. Motion to approve expenditures made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 7-0 in favor. New Hearings 7pm DEP 201-1022, BL 979 NOI, 138 Laconia Street Owner/Applicant: DEBCO Properties, David Burns Project: New Single Family Home Rich Kirby- LEC environmental, Al Gala- Project engineer, David Burns- Builder/owner/applicant Documents: NOI Package, Stormwater calculations 2/10/2016, Plans 2/10/2016, Engineering Review 3/7/2016, Interdepartmental Review Mr. Bitsko recused himself from the hearing. Mr. Kirby explained that the proposed project would be a new single family dwelling within the buffer zone. He stated that there are two certified vernal pools on the site. The proposed construction would involve minimal grading and would include a series of retaining walls. Stormwater would be directed to infiltration systems and FENO markers would demarcate the 25 ft. buffer. Mr. Kirby stated that no trees would be removed and that the sewer line would run down Ridge Road and connect to an existing system on East Emerson Road. He added that the applicant would repair the potholes along Ridge Road to the proposed driveway. Mr. Hamilton entered the engineering report and interdepartmental report into the record. Questions and comments from the commission: Based on the interdepartmental report, the commission recommended that the applicant submit his proposal to the planning board before the conservation commission considers it. Mr. Burns explained that he thought this was the correct order to move in, but he will request a continuance to May 31, 2016. The commission requested that the applicant clarify who will be responsible for the future maintenance of the sewer system. The commission requested that the applicant consider changing the location of the underground storage tank. Motion to continue the hearing to May 31, 2016 at the applicant’s request made by Mrs. Dohan and seconded by Mr. Langseth. Vote: 6-0 in favor. Continued Hearings DEP File No. 201-1015, BL 972 NOI, 435 and 439 Lincoln Street Owner: Leo P. and Margaret M. McSweeney, John R. Dailey Applicant: North Shore Residential Development Inc. Project: Balanced House residential development Jack Sullivan- Sullivan Engineering, Brian Lopez, Gary Larson- landscape architect, Rich Kirby- LEC environmental Documents: Supplemental NOI information 3/2/2016 Mr. Sullivan explained that he updated the plans to reflect the concerns expressed at the last meeting. He stated that they will be adding a Conservation restriction on the land towards the north and that the units bordering that area will have a small fence to keep people from encroaching on the protected area. Mr. Sullivan said that they will block the trail with large boulders to keep cars from driving and dumping materials down the trail. Mr. Kirby stated that the limit of work line will encompass the areas that they will target for debris removal. During debris removal, they will be removing some soil which will help with invasive species eradication. Questions and comments from the commission: The commission asked if there was a plan for handling toxic waste that may be discovered during the debris removal. The applicant explained that they will work with a LSP and follow DEP standards. The commission requested that the applicant add a provision to the restrictive covenant regarding herbicide use. Motion to close the hearing made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 7-0 in favor. 7:57pm Motion to adjourn made by Mrs. Miller and seconded by Mr. Langseth. Vote: 7-0 in favor. Respectfully submitted, Casey Hagerty Conservation Department Assistant Approved 4/5/2016