HomeMy WebLinkAbout2016-03-22-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday March 22, 2016
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
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
6:30
Update on Enforcement at 55 and 31 Allen Street
Attorney William Dailey explained that Mr. Carrol is anxious to work with the commission to
come up with a solution. Mr. Dailey gave the commission a photograph of the Allen Street
property from 1957 and explained that the area has always been used as a farm.
Mr. Rich Kirby, from LEC,, explained to the commission that he did test pits in five locations
using an excavator. He provided the commission with a handout explaining the soils he found in
each location. The results of the test were mixed between areas of wetland and upland soils. He
established that there was a wetland on the south side of the barn, but he stated that this was a
small and low functioning wetland. Mr. Kirby stated that the Mr. Carol and Ms. Bina are willing
to replicate in another part of the property a wetland twice the size of the wetland he estimated.
He proposed creating a meandering stream in the bed of the stream that had been removed and to
replicate the wetland within the stream’s 25ft no disturb zone. Some concrete would also be
removed and the stonewall would be partially replaced.
Questions and comments from the commission:
The commission showed Mr. Kirby some slides that indicated that not all of his test pits were in
the area shown as wetlands on the town GIS maps. The commission requested that he dig some
more test pits in the areas that are indicated as wetlands.
The commissioners decided they would not make a judgement on the proposed wetland
restoration until after the new soil tests were provided to the commission.
th
Motion to continue the enforcement order hearing to the April 5 meeting made by Mr. Wolk
and seconded by Mrs. Dohan. Vote: 6-0 in favor.
New Hearings
7pm
DET 16-12
Lower Vine Brook Trail
Applicant/owner: Town of Lexington
Project: Resurfacing of Recreation trail
Karen Mullins- Conservation Administrator
Documents: RDA Package, Engineering Department sidewalk guidelines
Ms. Mullins explained that the proposed project would reconstruct the existing paved path along
the Lower Vine Brook. She explained that the project will be funded through the Community
Preservation Act and the work will be completed by the town’s Department of Public Works
following the Engineering department sidewalk construction deadlines. The work is expected to
take place in one phase in the Spring or summer.
Questions and comments from the Commission:
The commission asked when the path was constructed. Ms. Mullins stated sometime in the
1970s.
Questions or comments from the audience:
Keith Ohmart, 114 East Street and chair of the Greenways Corridor Committee, asked whether
there was any thought to build a section of the trail that could connect to the sidewalk at Adams
Street. Ms. Mullins explained that this portion of the trail is in the floodplain and that would
involve a much more in depth filing.
The abutters from 6 Fairfield Drive asked if the trail would be the same width as the current trail.
Ms. Mullins explained that the trail would be the same size.
Motion to issue a Negative Determination with Conditions made by Mr. Wolk and seconded by
Mr. Beuttell. Vote: 6-0 in favor.
DET 16-11
33 Bow Street
Owner/applicant: Mary J. Reid
Project: Addition to Single Family home
Mary Reid- Owner, David Mullen- architect
Documents: RDA Package, Proposed Plot plan
Mr. Mullen explained that this project is a proposed in-law apartment to an existing home. The
project was approved by the Zoning Board of Appeals. He stated that they will use compost filter
socks as an erosion control to keep construction debris from running into the brook.
Motion to issue a Negative Determination with conditions made by Mr. Beuttell and seconded by
Mrs. Miller. Vote: 6-0 in favor.
DET 16- 13
113/115 Hartwell Ave
Owner/Applicant: King Street Properties
Project: Connection to town drainage system
David Kelly- Kelly Engineering group, Mike Dominico- King Street Properties
Documents: RDA Package, 115 Hartwell Plans 11/16/2015, Stormwater Report
Mr. Kelly explained that this project is part of the development of a campus at 101 Hartwell Ave.
He stated that the parking garage is the last piece in developing this complex. He explained that
they have met with the engineering department and filed a stormwater management report. There
would be no increase in peak runoff and will comply with DEP runoff standards. Additionally,
he explained that the plans include a bioswale with a rain garden.
Questions and comments from the commission:
Mr. Hamilton entered the engineering report into the record.
The commission asked for a copy of the O and M plan.
The commission asked why this was coming in before the commission after construction instead
of before. Ms. Mullins explained that she thought this way was best so that construction was not
held up.
Motion to issue a Negative Determination with conditions made by Mr. Wolk and seconded by
Mr. Beuttell. Vote: 6-0 in favor.
Pending Matters Continued
7:35 pm
Follow up on Montessori School Property
Keith Ohmart and Laurel Carpenter spoke on behalf of the Greenways Corridor Committee.
Mr. Ohmart and Ms. Carpenter explained that they did not know until recently that the town had
right of first refusal on the piece of property owned by the Belmont Country Club. They stated
that the GCC has been interested in this property for a while because of the trail options that
exist. They are asking for the support of the Conservation Commission as they pursue this
further.
The commission stated that if the Town acquired this land for conservation , the Montessori
School might not be able to have their fields or play grounds on the land, because that does not
conform to conservation standards.
The commission suggested that the Montessori School look into purchasing the land and then
selling a conservation restriction on part of the land.
The commission explained that the area is a very wet piece of land and any type of work that
were to take place in that area would have to be permitted by the commission.
The commission explained that if the Montessori School were to sell a conservation restriction,
the Town might be able to use CPA funds to purchase it.
8:01pm
Approve GCC request to demarcate ACROSS Route G
Mrs. Dohan recused herself from the vote.
Motion to approve the demarcation of ACROSS Route G made by Mrs. Miller and seconded by
Mr. Beuttell. Vote: 5-0 in favor.
8:06pm
Approve Land Use Permit Application for the Lexington Council for the Arts, Parker Meadow
Motion to approve the Land Use Permit Application made by Mrs. Miller and seconded by Mr.
Wolk. Vote: 6-0 in favor.
8:08pm
Issue Order of Conditions for 435-439 Lincoln Street, DEP File No. 201-1015, BL 972
The commission discussed the types of conditions that they would want to see. They concluded
that they want a conservation restriction on the property rather than a restrictive covenant. The
commission also added conditions regarding the mandatory fertilizing clause in the homeowner’s
agreement.
Motion to issue the Order of Conditions made by Mrs. Miller and seconded by Mrs. Dohan.
Vote: 6-0 in favor.
8:12pm
Issue Certificate of Compliance for 9 Philip Road, Bowman School, DEP File No. 201-825, BL
783
Motion to issue the Certificate of Compliance made by Mrs. Miller and seconded by Mr. Wolk.
Vote: 6-0 in favor.
Discuss Town Meeting Article 36- National Flood Insurance District, Accept Revised FIRM
Map and Articles 32 and 33- Amend Tree Bylaw
Mr. Hamilton explained that the articles regarding the tree by law are being indefinitely
postponed, but asked if the commission was in support of Article 36. They agreed that they
supported that article and would discuss the tree articles when they were brought forward again.
8:14pm
Discuss offsite mitigation options at 151 Grove Street
The commission discussed possible offsite mitigation options proposed by the owner of 151
Grove Street. The commission decided that it is not their practice to allow this type of mitigation.
They stated that they are wary of agreeing to offsite mitigation except in extraordinary cases,
since they cannot easily monitor the offsite area. The commission added that there are other
options on this property to avoid the need for such mitigation.
8:17pm
Review and Approve Request by Applicant/General Contractor John McGeough to Act as
Erosion Control Monitor for 90 and 92 Grant Street
Ms. Mullins explained that Mr. McGeough would like to act as the erosion control monitor for
the projects at 90 and 92 Grant Street. The commission concluded that this could create a conflict
of interest, but would allow it if he sent in weekly reports and had a professional come out and
monitor the erosion controls after a storm event of more than a half inch in a 24-hour period.
Schedule Site Visits for Tuesday April 5, 2016 Meeting
Site visits were scheduled for the Saturday before the meeting. The commission will do a
separate site visit to Joyce Miller’s Meadow with Jordan McCarron at another time.
Approve Minutes: 3/7/2016
The commission decided to approve the minutes at the next meeting.
Reports
There were no new reports.
8:26pm
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 Assistant
Approved 4/19/2016