HomeMy WebLinkAbout2016-04-19-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday April 19, 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: Dick Wolk, Phil Hamilton, Joyce Miller, Duke Bitsko, David Langseth
Others Present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30
Issue Order of Conditions
NOI, Joyce Miller’s Meadow, DEP 201-1026, BL 983
Motion to issue an Order of Conditions for Joyce Miller’s Meadow made by Mr. Wolk and
seconded by Mr. Langseth. Vote: 4-0 in favor.
NOI, 11 Saddle Club Road, DEP 201-1024, BL 981
Motion to issue an Order of Conditions for 11 Saddle Club Road made by Mr. Wolk and
seconded by Mrs. Miller. Vote: 4-0 in favor.
NOI, 23 Bedford Street, DEP 201-1025, BL 982
Motion to issue an Order of Conditions for 23 Bedford Street made by Mr. Wolk and seconded
by Mrs. Miller. Vote: 4-0 in favor.
Issue Certificate of Compliance at 25 Robinson Road, DEP File No. 201-831, BL 789
Motion to issue a Certificate of Compliance for 25 Robinson Road made by Mr. Wolk and
seconded by Mrs. Miller. Vote: 4-0 in favor.
Approve Minutes
Motion to approve the minutes from 3/22/2016 made by Mrs. Miller and seconded by Mr.
Langseth. Vote: 4-0 in favor.
The minutes from 4/5/2016 will be voted on at the next meeting.
Site visits
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Site visits were scheduled for Saturday April 30 at 9:30 am.
Plan Change at 66 Munroe Rd., DEP File No. 201-946, BL 904
Ms. Mullins explained that a plan change request was brought to her by 66 Munroe Rd. to
request to remove seven trees, four of which would be within the buffer zone. She stated that a
landscape architect visited the site and found these trees to be in danger of falling.
The commission discussed whether they felt this could be done through a plan change or whether
an amendment was necessary. The commission decided that it should be done through an
Amendment to the Order of Conditions, because several of the trees were in the wetland.. They
also stated that they want to do another site visit and have the proposed trees to be removed
marked.
6:42pm
Commissioner David Langseth arrived.
Reports:
Mr. Hamilton reminded the commission that he had drafted a letter to the Board of
Selectmen regarding the Belmont Country Club. He stated that all of the commissioners
had seen and approved of the letter, but that he felt that a formal vote should be taken and
recorded.
Motion to approve the statement to the Board of Selectmen made by Mr. Wolk and
seconded by Mr. Langseth. Vote: 5-0 in favor.
Mr. Bitsko asked for an update on the DEP site visit to 10-12 Rangeway. Ms. Mullins
explained that on the site visit, there was water flow through the pipe. At this point, the
DEP must investigate further if there is a connection to an upland wetland or if there is
evidence of BVW along the bank leading from the pipe.
Ms. Mullins reported on the enforcement update at 28 Carriage Drive. She explained that
back in December she had put a building permit for a retaining wall on hold because of
wetlands in the area. Work had commenced without a permit and the Conservation
Commission had issued a cease and desist order.. She explained that there is an old
detention swale in the area that has not been managed. Ms. Mullins explained that under
the WPA, any stormwater management system built before 1996 and was not maintained
is now considered a wetland.
The commission asked how much of the work has been done. They also asked how close
to the wetland it is. Ms. Mullins explained that they wall is essentially complete and it
appears to be closer than 25 ft. to the wetland.
The commission asked if there was an issue for the property that has not maintained the
stormwater system. Ms. Mullins said she would look into this.
Dale Hernquest, the owner of 28 Carriage Drive, explained that she wants to move
forward with getting this project wrapped up.She stated that the retaining wall needed to
be replaced and she had difficulty finding someone to do the job. She stated that she does
not believe the area is a wetland. She explained that the house is under agreement to be
sold so the issues need to be resolved.
The commission discussed the issue at hand. They concluded that this problem could be
handled through the enforcement order rather than through a new filing. The commission
stated that they would like to do a site visit there.
New Hearings and Meetings
7:03pm
BL 984
NOI, 7 Battle Green Road
Owner/Applicant: Kevin Wagner
Project: Connection to the town drainage system
Doug Miller, GPR Engineering and Kevin Wagner, Homeowner
Documents: Letter from Kevin Wagner 4/19/2016,
Mr. Miller explained that his house was built in 2015 and immediately had major water issues in
the basement. He explained that when the house was built it had a drainage system, but parts of
the system were not working and the basement flooded. As a result, the homeowner installed two
sumps in the basement, but the pumps were unable to handle the amount of water. The pumps
began overflowing into the yard, sometimes reaching the abutting properties. The applicant
explained that he is proposing an interceptor drain that would capture the ground water before it
reached the basement. The basement would have a drainage system that would connect to the
interceptor and drain and then that would flow to a new manhole and connect directly to the
town drainage system. Mr. Miller explained that they will use the parts of the existing drainage
system that are working to assist with the problem.
Mr. Wagner then explained that he has gone to multiple departments within the town to try to get
help for his problem. He told the commission that two engineering companies came to the house
and recommended the direct connection to the town system. He stated that he is concerned about
having an infiltration trench in the front yard because of liability issues.
Questions and comments from the commission:
Ms. Mullins explained that this project is only within the jurisdiction of the commission because
of the connection to the town drainage system.
The commission stated that they felt that one of the biggest issues here is that the house should
not have been built with a basement. They did not feel that lowering the ground water would be
the best solution.
The commission asked what the elevation of the ground water was. Mr. Miller explained that
some test pits were dug when the house was being built but the majority of them seemed to
indicate dry soils at the time.
The commission asked for more information about which corners of the basement were wet.
The commission asked why the existing drainage system cannot be repaired. They asked why it
failed to begin with. The applicant explained that it would be very expensive to determine why
the system failed and may not be able handle the amount of water they need it to. The
commission pointed out that, unless all avenues for infiltrating the water have been exhausted,
the commission does not approve connections to the town drain.
Mr. Hamilton entered the engineering report into the record. He explained that the Conservation
Commission cannot approve the direct connection to the town drain if the Engineering
Department does not approve.
The commission explained that adequate information has not been provided to the town
regarding the possibilities for drainage from the site.
Questions and comments from the audience:
The abutter from 5 Battle Green Road explained that right now all of the water from 7 Battle
Green Road is pouring into their yard and ponding there. They would like to see the direct
connection so that their lot is not being impacted.
The abutter from 18 Minuteman Lane explained that the land behind 5 and 7 Battle Green Road
has turned into a swamp.
Motion to close the hearing made by Mr. Langseth and seconded by Mr. Wolk. Vote: 5-0 in
favor.
7:40pm
DET 16-14
RDA, 11 Marshall
Owner/applicant: Huixing Yuan
Project: Removal and replacement of an existing driveway
Motion to continue the meeting to 5/2/2016 at the applicant’s request made by Mrs. Miller and
seconded by Mr. Langseth. Vote: 5-0 in favor.
DEP File No. 201-1023, BL 980
NOI, 3 Fiske Road
Owner/applicant: John and Loryann D’Agostino
Project: Raze and rebuild a Single Family Home
Rob Bibbo- Professional Land Surveyor and Ed Chang- Professional engineer
Documents: Updated plot plan 4/7/2016, Updated Stormwater plan 4/7/2016, Engineering report
4/19/2016
Mr. Bibbo explained that he and Dr. Chang met with the engineering department to resolve some
of the problems brought up at the last meeting. Mr. Bibbo explained that they have added rip rap
to the detention basin to help stabilize the banks. He stated that part of the driveway has been
changed to pervious pavers and the filter fabric in the catch basins has been changed to a silt
sack.
Questions or comments from the commission:
The commission asked if the detention pond could limit the neighbors next door because of the
location. Ms. Mullins explained that because this system was built after 1996, the pond will not
be considered a protected resource area.
The commission requested that some small swales be added around the detention pond to direct
any overflow away from the neighbor’s property.
The commission stated that they did not feel the detention pond was graded correctly. They
expressed concern over the location of the pond as well as how close it will be to the trees on the
property.
Motion to continue the hearing to May 2, 2016 at the applicant’s request made by Mrs. Miller
and seconded by Mr. Langseth. Vote: 5-0 in favor.
8:01pm
Motion to adjourn the meeting made by Mrs. Miller and seconded by Mr. Langseth. Vote: 5-0 in
favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 5/2/2016