HomeMy WebLinkAbout2016-07-11-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday July 11, 2016, 2016
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Vice-Chair David Langseth opened the meeting at 6:30pm in the Parker Room of the Town
Office Building
Commissioners Present: Alex Dohan, Kevin Beuttell, Duke Bitsko, David Langseth, Joyce
Miller, Dick Wolk
Others Present: Casey Hagerty, Conservation Department Assistant
6:33pm
Update on Enforcement Order: Bina Farm/John Carroll, 55/31 Allen Street
Bill Dailey, Rich Kirby
Questions and comments from the Commission:
The commission asked for detail about the asphalt berm along the road. They expressed concern
that it will direct run off towards replicated wetland. Mr. Kirby explained that he is not
concerned about that because the area is flat.
The commission expressed concern over the change in the sediment basin. They requested more
details from the engineer regarding why and how the design changed.
The commission asked why the engineering drawings still stated that they were 60% complete.
Mr. Kirby said that it is the practice of the engineering company to not stamp or mark the
drawings complete until the Conservation Commission approves the plans. He added that any
changes in the plan would have to go to the Commission for approval.
The commission requested clarification regarding the use of live stakes. Mr. Kirby clarified that
they will just be using oak stakes and they will remove live stakes from the plan.
The commission asked about the piezometer readings. Mr. Kirby explained that they are not too
low considering we are in a drought; they are within the range of hydric soils. He added that a
watering O and M plan for the plants has been added.
The commission requested that they submit a list of invasive species that they will be removing.
The commission suggested the MIPAG list.
The commission recommended that they consult with the Town Engineering department
regarding the shape of the Berm.
Mr. Langseth entered abutter letters into the record. He explained that many of the issues raised
in the letters were not related to the Conservation Commission.
Questions and comments from the audience:
Ricky Pappo, 16 Blossomcrest, brought up concerns over contamination on the land. Mr. Carrol
explained that he is in full compliance with the state. The commission explained that this matter
would not affect the design of the wetland.
The abutter from 48 Allen Street brought up concern about how this project will affect the
abutting properties.
Marie Tulin, 56 Allen Street, requested that the applicant have a walk through at the site to walk
the neighbors around the site. Mr. Kirby stated that he would be willing to do this.
Motion to continue the hearing to 8/8/2016 made by Mr. Wolk and seconded Mrs. Miller. Vote:
6-0 in favor.
New Meeting and Hearings
7:04pm
DET 16-26
RDA, 91 Woburn Street
Applicant/owner: Dominque Weyl
Project: Raze and rebuild of a Single Family Home
Rich Kirby- LEC Environmental, Kyle Malloy- Gala-Simon Engineering
Mr. Kirby explained that his client is proposing to raze and rebuild a single family home. The
new home would be located entirely outside the buffer zone to wetlands in the front of the home
and the Riverfront area in the back of the home. The only work within the buffer zone would be
the demo of the house and the new driveway. The house will have an infiltration system and
there will be a pervious patio in the rear.
Questions and comments from the commission:
The commission stated they want silt sacks in the catch basins.
The commission requested that the elevation at the bottom of the infiltration system be added to
the plan.
The commission requested that the drain inlet be at 24 inches rather than 12. They also wanted
the geotextile removed from the bottom of the trench.
The commission stated that the engineering calculations were not done according to the
Lexington by-law and the preexisting conditions incorrectly included impervious surfaces.
Questions and comments from the audience:
Phyllis Gauthier, 85 Woburn Street, expressed concern over flooding because her property is
lower than 91 Woburn Street. The engineer explained that run off will be caught in an infiltration
system so there will be no increase in runoff.
Maura Tierny, 93 Woburn Street, also expressed concern about flooding because of how close
their properties are. The engineer explained that there will be a swale installed between the
houses that will direct water away from her house.
Michelle Garvis, 97 Woburn Street, expressed concern about trees being cut down. The
commission explained that there is a strict limit of work line and no forest work can be done
beyond that line.
Motion to continue the meeting to July 25, 2016 at the applicant’s request made by Mrs. Miller
and seconded by Mr. Beuttell. Vote: 6-0 in favor.
7:25pm
DET 16-27
RDA, 68 Hancock
Owner/Applicant: Peter Bain
Project: House addition
Kyle Malloy- Gala Simon Engineering, Peter Bain- Homeowner
Mr. Malloy explained that his client wishes to build an addition off the rear of his house. The
addition would be located outside of the 100ft. buffer, but they are installing a drainage system to
mitigate for increased run off into the wetlands.
Questions and comments from the Commission:
The commission requested some clarification regarding the contour lines along the side of the
house. They stated that it appeared a steeper slope was being created alongside the neighbor’s
property. Mr. Malloy explained that they will add a swale along the side of the property.
The commission requested that the compost pile be removed from the 25 ft. buffer.
The commission stated that they will require 5 FENO markers along the 25 ft. buffer.
Motion to issue a Negative Determination with conditions made by Mrs. Miller and seconded by
Mr. Beuttell. Vote: 6-0 in favor.
7:36pm
DEP File No. 201-1029, BL 987
NOI, 58 Sherburne Road South
Owner/Applicant: Barry Caouette
Project: Raze and rebuild of a Single Family Home
Rich Kirby- LEC environmental, Kyle Malloy- Gala Simon Engineering
Mr. Kirby explained that his client is proposing to raze and rebuild a single family dwelling. The
new home would be in generally the same area as the existing home. The project would include a
deck off the rear of the home and the entire project would remain outside of the 50 ft. buffer.
Questions and comments from the commission:
The commission asked for more detail regarding the test pit locations. Mr. Kirby explained that
one was not done at the infiltration system location, but the builder is aware that he will have to
relocate the system if the proposed area does not have favorable soils.
The commission stated that the engineer did not adhere to the Town Bylaw regarding pre-
existing conditions.
The commission commented that they did not think it was feasible for the walkways to be
cleaned by a professional street sweeper. Mr. Malloy said he would look into that.
The commission requested that the sump be set at 24 inches rather than 12 inches and that the
geo-textile fabric be removed from the bottom of the unit.
The commission requested markers along the 25 ft. buffer. Mr. Kirby stated that he is also
interested in doing invasive species removal.
Mr. Langseth entered the engineering report into the record.
Questions and comments from the audience:
Bobby Philip, 56 Sherburne Road South, explained that the members of the neighborhood have
met and are in opposition to the project. They are concerned about flooding, the infiltration
systems, and the effects on the neighbors. She stated that they want the applicant to hire a
consultant to study the effects on the neighbors.
Caroline Batine, 62 Sherburne Road South, is concerned about the amount of trees that they are
proposing to cut down.
Harry Palansky, 60 Sherburne Road South, explained that he has a sump pump system running
constantly. He is concerned that the new house will create even more problems.
Heidi Black, 141 Worthen Road, is concerned about how the grading the area may affect the
water flow. She is concerned that the new homeowners will be unable to maintain the stormwater
systems. She also added that she is concerned about an increase in mosquitos and other animals
due to increased water displacement.
The abutter from 60 Sherburne Road South is also concerned about increased flooding. She
explained that after a large house was built across the street there was a large flood.
Carol Bromberg, 24 Sherburne Road South, is concerned by the amount of peat they will have to
remove.
Kendra Maguire, 138 Worthen Road, stated that her house had to install French drains because
of all the flooding in the area.
Motion to continue the hearing to July 25, 2016 at the applicant’s request made by Mrs. Miller
and seconded by Mrs. Dohan. Vote: 6-0 in favor.
Continued
8:16pm
DEP File No. 201-1028, BL 986
NOI, 8 Milk Street
Owner: 8 Milk Street LLC
Applicant: Six Point Builders
Project: Raze and rebuild of a Single Family Home
Rich Kirby- LEC Environmental, James Dwyer and Andrew Zucker- owners/builders
Mr. Kirby explained that the house has been moved back a foot further from the 50ft. buffer. The
size of the patio has also been reduced and a retaining wall has been added to limit the drop off
towards the wetlands. The grading and elevation issues have been resolved. FENO markers
along the retaining wall have been added.
Motion to close the hearing made by Mrs. Miller and seconded by Mr. Buettell. Vote: 6-0 in
favor.
8:21pm
DEP 201-1022, BL 979
NOI, 138 Laconia Street
Owner/Applicant: DEBCO Properties, David Burns
Project: New Single Family Home
Motion to continue the hearing to 8/22/2016 at the applicant’s request made by Mr. Wolk and
seconded by Mr. Beuttell. Vote: 6-0 in favor.
Pending Continued
Approve Waltham and Hayden Farm licenses with Dennis Busa
Motion to approve the farm licenses for Dennis Busa made by Mr. Wolk and seconded by Mr.
Beuttell. Vote: 6-0 in favor.
8:23pm
Site visits were scheduled for 7/23/2016
Issue Land Use Permit Application for Vector Disease Control, Tick Monitoring
Motion to issues the Land Use Permit made by Mr. Wolk and seconded by Mrs. Miller. Vote: 6-
0 in favor.
Approve Request for Insignificant Plan Changes for DEP File No. 201- 955, BL 913, 15 John
Poulter Rd.
After some discussion, the commission decided that they could approve the plan change, but
need the designer to double check the inverts.
Motion to approve the plan change made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0
in favor.
Issue Amended Order of Conditions for DEP File No. 201-976, BL 934, Revere Street Culvert
Motion to issue the Amended Order of Conditions made by Mr. Wolk and seconded by Mr.
Beuttell. Vote: 6-0 in favor.
Issue Amended Order of Conditions for DEP File No. 201-902, BL 862, Rt. 95
Motion to issue the Amended Order of Conditions made by Mr. Wolk and seconded by Mr.
Beuttell. Vote: 6-0 in favor.
Issue Certificate of Compliance for 555 Lowell Street, DEP File No. 201-987, BL 945
Motion to issue the Certificate of Compliance made by Mrs. Miller and seconded by Mr.
Beuttell.
8:37pm
Reports
Mrs. Dohan reported that a horse farm in Bedford in interested in taking the horse sheds from
Wright Farm. They would be willing to make a donation. The commission was in favor of this
discussion and suggested a $1,000 donation. Mrs. Dohan said she would report back.
8:40pm
Discussion of John Moriarty proposal for Dunback Meadow
The commission discussed the proposal and decided that they would like to do a site visit to the
area.
8:41pm
Motion to adjourn made by Mrs. Miller and seconded by Mr. Beuttell. Vote: 6-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 8/22/2016