HomeMy WebLinkAbout2016-05-16-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday May 16, 2016
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Phil Hamilton opened the meeting at 6:32 pm in the Parker Room of the Town Office
Building
Commissioners Present: Dick Wolk, Phil Hamilton, Joyce Miller, Duke Bitsko, Alex Dohan,
Kevin Beuttell
Others Present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:32
Issue Emergency Certificate: Sewer Main Issue in Dunback Meadow Conservation Area
Mr. Flamang explained that a broken sewer line was in Dunback Meadow. He stated that the
engineering department is seeking an Emergency Certificate to do resolve the problem.
Motion to issue an Emergency Certificate made by Mr. Wolk and seconded by Mr. Beuttell.
Vote: 6-0 in favor.
6:35pm
Update on Enforcement Order: Bina Farm/John Carroll, 55/31 Allen Street
Mr. Hamilton explained that the applicant has provided us with some more information
regarding the restoration plan as well as the stormwater management plan.
Motion to continue the enforcement hearing to 5/31/2016 at the applicant’s request made by Mr.
Wolk and seconded by Mrs. Dohan. Vote: 6-0 in favor.
Issue Amended Enforcement Order for Restoration/Corrective Actions: 28 Carriage Dr.
Ms. Mullins explained that they provided the commission with information regarding the erosion
controls as well as the stabilization at the end of the down spout. Grading details and a
stabilization plan were also provided.
Motion to release the cease and desist made by Mr. Wolk and seconded by Mrs. Miller. Vote: 6-
0 in favor.
6:39pm
Approve Request for Insignificant Plan Changes at 143 Maple Street, DEP File No. 201-979, BL
937
Ms. Mullins explained that the commission requested at the last meeting that drainage
calculations be submitted for the requested plan change. The engineer did provide calculations.
Motion to approve the plan change made by Mr. Wolk and seconded by Mrs. Miller. Vote: 6-0 in
favor.
Plan change request at 2 Opi Cirlce
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Ms. Mullins explained that the contractor wants to shift the driveway slightly which will actually
reduce the amount of impervious cover.
Motion to approve the plan change made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0
in favor.
Plan change request at 3 Douglas Road
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Ms. Mullins explained that the owner wishes to move the driveway as well as move the electrical
underground. That work will be done within the area that is already being disturbed.
Motion to approve the plan change made by Mr. Beuttell and seconded by Mrs. Miller. Vote: 6-0
in favor.
6:42pm
Order of Conditions, DEP File No. 201-1015, BL 972, 435 and 439 Lincoln Street, Request by
Applicant to correct standard Special Condition 24g. to remove tri-party requirement with the
State for the Conservation Restriction for lending purposes
John Farrington, Attorney
Mr. Farrington explained that they are requesting to take the state out of the Conservation
Restriction for lending reasons. He explained that they are requesting a two way agreement
between the town and the condo association. This agreement would be in the operating manual
for the condos.
Questions and comments from the commission:
The commission asked if this type of agreement would be less binding than the traditional
agreement the commission uses with the state. Mr. Farrington explained that the commission
would still have the same amount of monitoring power as in the traditional agreement. He also
explained that to change the agreement, the association would still have to appear in front of the
commission.
Motion to amend the Order of Conditions made by Mrs. Dohan and seconded by Mrs. Miller.
Vote: 6-0 in favor.
6:46pm
Schedule site visits for 5/31/2016 meeting
Site visits were scheduled for Thursday 5/26/2016 at 5:30pm
6:50pm
Approve minutes from 12/14/2015 meeting
Motion to approve the minutes made by Mr. Wolk and seconded by Mrs. Miller. Vote: 6-0 in
favor.
Approve Minutes from 5/2/2016
Minutes will be approved at the next meeting.
6:52pm
Land Use Permit Application- Bowman School Adventure Run
Ms. Mullins explained that this is the same event that the commission has permitted for the past
few years. Part of the run takes the participants through Dunback Meadow.
Motion to approve the Land Use Permit made by Mrs. Miller and seconded by Mr. Wolk. Vote:
6-0 in favor.
6:53pm
Appeals Update:
10 and 12 Rangeway , DEP File No. 201-1012, BL 969, DEP SORAD and Civil Complaint Update
o
Ms. Mullins reported that the DEP site visit was held after it was initially postponed. The DEP is
now doing their investigation. She added that the appeal under the by-law is being reviewed.
End of Rangeway, DEP File No. 201-968, BL 926, DEP SOOC Update
o
Ms. Mullins explained that the DEP has gone back and forth about whether this site must comply
with the stormwater regulations.
16 Summer Street, DEP File No. 201-996, BL 953, Civil Complaint Update
o
Ms. Mullins explained that there was some confusion about the defendants in this case. She
stated that the administrative record is being reviewed.
New Hearings and Meetings
6:57pm
DET 16-16
RDA, Bridge School, 55 Middleby Road
Owner/applicant: Town of Lexington
Project: Modular Classroom additions
Documents: Engineering Report 5/16/2016, RDA Package 4/26/2016, Stormwater Management
Plan 4/26/2016, Plans 4/26/2016
Fred King, Project Engineer
Mr. King explained that they are filing an RDA to demonstrate to the commission that the work
that will be taking place at the Bridge School will be over 100ft from wetlands. He explained that
the entire project would be in compliance with the stormwater standards and there will be
decrease in impervious surface.
Mr. Hamilton entered the engineering report into the record.
Questions from the commission:
The commission questioned who is responsible for caring for stormwater treatment systems on
school property. Ms. Mullins explained that it is a combination of the school department and the
facilities department. She explained that the town is working on creating a manual for this type
of work.
Motion to issue a negative determination with conditions made by Mr. Wolk and seconded by
Mrs. Miller. Vote: 6-0 in favor.
7:07pm
DET 16-17
RDA, Fiske School, 35A Colony Road
Owner/applicant: Town of Lexington
Project: Modular Classroom additions
Documents: Engineering Report 5/16/2016, RDA Package 4/26/2016, Stormwater Management
Plan 4/26/2016, Plans 4/26/2016
Fred King, Project Engineer
Mr. King explained that the project at Fiske is similar to the project at the Bridge School. He
explained that they were going to be over 800 ft. away from the wetlands. He explained that the
soils at this site are good for infiltration and they would be able to meet the stormwater
requirements. Mr. King stated they will be adding a roof drain infiltration system as well as deep
sump catch basins.
Mr. Hamilton entered the engineering report into the record.
Questions from the commission:
The commission asked for some details regarding the recharge system. Mr. King stated he would
add another access port to the plan.
Motion to issue a Negative Determination with Conditions made by Mr. Wolk and seconded by
Mrs. Miller. Vote: 6-0 in favor.
7:18pm
DET 16-18
RDA, 503 Lowell Street
Owner/applicant: Eric Amundsen and Brindha Muniappan
Project: Proposed excavation associated with a basement remodel
Dale Swanson, JF Basnett and Company
Mr. Swanson explained that there are two parts to the proposed project. The first would be to
excavate an area to accommodate for a window well. The other element would be to add a sump
pump that would drain the basement in case of flooding. The pump would drain to a catch basin
in the front of the home. He stated that the catch basin is outside of the 100ft buffer.
Mr. Hamilton entered the engineering report into the record.
Mr. Swanson responded to the engineering report explained that he will address the erosion
control issue. He explained that there will be no stock piling of materials on site. He also
explained that the sump pump is outside of the 100ft buffer.
Questions and comments from the commission:
The commission explained that they are wary of approving sump pumps without knowing the
pump rates. The commission explained they are concerned about what will happen if the pump
cannot handle the probable load.
7:36pm Mr. Langseth arrived.
The commission explained that in order to approve the sump pump they will need to see
engineering calculations.
Motion to continue the hearing to 5/31/2016 made by Mrs. Miller and seconded by Mrs. Dohan.
Vote: 7-0 in favor.
7:41pm
DEP File No. 201-980, BL 938
140 Adams St, Amend OOC
Applicant: Orr Homes
Owner:
Project: Modification to approved drainage plan
Scott Smyers- Oxbow Associates and Fred Russel- Project Engineer
Mr. Smyers explained that the commission met a few weeks back and decided that the applicant
would need to file an Amended Order of Conditions. He explained that the driveway was built
slightly larger than proposed and a patio was built in the rear of the house. Mr. Russell explained
that he has done the calculations for the additional impervious surface and has stated that the
additional impervious surface will be mitigated for.
Questions and comments from the commission:
The commission asked where the driveway was draining too. Mr. Russell stated that the
driveway was draining to the existing infiltration system.
Motion to close the hearing made by Mrs. Miller and seconded by Mr. Langseth. Vote: 7-0 in
favor.
7:46pm
DEP File No. 201-973, BL 931
66 Munroe Rd., Amend OOC
Applicant/owner: Ying Chen
Project: Tree removal
Roger Cook- Landscape Architect
Mr. Cook explained that as he was creating a restoration plan for 66 Munroe Rd. he noticed
seven trees that were deemed to be in failing health. He stated that the seven trees would need to
be taken down.
Questions and comments from the commission:
The commissioners who attended the site visit explained that the trees were in failing health.
The commission asked how the trees in the wetlands would be removed. Mr. Cook explained
that they will use a crane that will be situated in the driveway.
Motion to close the hearing made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 7-0 in
favor.
7:51pm
DET 16-14
RDA, 11 Marshall
Owner/applicant: Huixing Yuan
Project: Removal and replacement of an existing gravel driveway with pavers
Ms. Mullins explained that this applicant has withdrawn their petition.
7:51pm
DEP File No. 201-985, BL 915
10 Philip Road, Amend OOC
Applicant: Copley Design
Owner: Conroy Trust
Modification: Amend Drainage Design After the fact
Documents: Engineering review
Dan Orwig- Copley Design
Mr. Orwig explained that they have looked at a plan at 15 Hunt Road and incorporated that
design into their project. Mr. Orwig explained that they have been in contact with the
Engineering Department and have modified their O and M plan.
Mr. Hamilton entered the engineering report into the record.
Questions and comments from the commission:
The commission asked for some more information regarding how the brick will be held into
place. Mr. Orwig explained that there will be a key way in the brick.
The commission requested that the filter fabric be removed.
Motion to close the hearing made by Mr. Langseth and seconded by Mr. Beuttell. Vote 7-0 in
favor.
Motion to approve the Amended Order of Conditions made by Mr. Beuttell and seconded by
Mrs. Dohan. Vote: 7-0 in favor.
8:02pm
DEP File No. 201-962, BL 920
145 Grove St., Continued Notice of Intent
Owner/Applicant: Shmuel and Anat Katzelnik
Project: Reopen hearing on the proposed rain garden construction to manage driveway runoff
Al Gala- Project Engineer and David Sperduto- Wetlands scientist
Mr. Sperduto explained that this is a project to improve the driveway. He explained that there is
a depression in the driveway that has caused some pooling by the house. The proposed project
would involve sloping the driveway away from the garage towards a rain garden. He explained
that some trees have been added to the plan and test pits have been dug. Mr. Sperduto also stated
that a planting plan was provided.
Mr. Gala explained that this rain garden is not for bio retention purposes or pollution retention,
but mostly for groundwater dispersal. The critical root zones for the trees has been examined and
there would be specific instructions for the contractor regarding cutting tree roots. Mr. Sperduto
stated that the driplines are smaller than the critical root zones.
Questions and comments from the Commission:
The commission asked if the crest of the spillway was armored. The applicant stated that the
armor starts at the crest, but they will add armor to the crest.
The commission discussed the history of flooding at this house.
The commission discussed whether more trees should be planted as part of this project.
The commission discussed the original Order of Conditions that was issued for this property and
whether the on-going conditions were being complied with. Mr. Sperduto stated that he would
get in contact with the home owners and create a plan to comply with the Order of Conditions.
The commission requested that engineering calculations be provided for the rain garden.
The commission requested that an arborist be present during the time when the tree roots are
being cut.
The commission requested that FENO markers be placed along the 25ft buffer.
Motion to continue that hearing to 5/31/2016 at the applicant’s request made by Mr. Beuttell and
seconded by Mr. Langseth. Vote: 7-0 in favor.
8:39pm
Reports
Ms. Mullins explained that the first excavation has taken place, but it appears that another
excavation will need to take place because the levels are still above a reportable level.
The commission was reminded that the Hennessy Barn Open House is Tuesday June 7, 2016 at
5pm.
Ms. Mullins explained that Hanscom Air Force Base needs to make some changes to their
vegetation management program. She stated that the weather made the clearing difficult so they
will be doing cable logging. This process will be less intrusive than other methods.
8:46pm
Motion to adjourn made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 7-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 6/13/2016