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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