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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 th 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