HomeMy WebLinkAbout2016-12-19-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday December 19, 2016
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Vice Chair David Langseth opened the meeting at 6:32pm in the Parker Room of the Town
Office Building
Commissioners Present: David Langseth, Duke Bitsko, Alex Dohan, Kevin Beuttell, Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:32pm
Informal Discussion, Maguire and Hartwell Ave Intersection and Bridge Improvements, Town
Engineering
Dave Cannon- Lexington Engineering Department, Simon Hilt and Tom Hanson- Stantec
Engineering
Mr. Hill explained to the Commission that the intersection of Hartwell Ave and Maguire Road is
currently a dangerous intersection and the town is working to improve the area. Two major
alternatives are being explored. The first option would be a two lane rotary. This would have the
greatest impact on the wetlands. The second option would be a signalized intersection. The
signalized intersection would have less impact on the wetlands than the first option. In both
scenarios, the Hartwell Ave Bridge will be replaced.
Mr. Hill stated that the rotary option will have over 5,000 sq. ft. of wetlands disturbance, but they
,
explained that they could use a Limited Project Provisionbecause the site could be considered a
risk to public safety.
Questions and comments from the Commission:
The commission explained that they could not remember ever approving a project under the
Limited Project Provision.
The commission asked for clarification regarding the foot path included with the project.
The commission asked for clarification regarding slope stabilization. Mr. Hill explained that a
vegetated slope is believed not to work in this scenario.
6:48pm
Issue Order of Conditions at 6 Candlewick Close, DEP 201-1036, BL 994
Mr. Wolk, Mr. Langseth, and Mrs. Dohan have watched the LexMedia videos and signed the
Mullen affidavit.
Motion to issue the Order of Conditions for 6 Candlewick Close made by Mr. Wolk and
seconded by Mr. Beuttell. Vote: 5-0 in favor.
Issue Order of Resource Area Delineation at 443 Lincoln Street, DEP 201-1038, BL 995
Mr. Wolk, Mr. Langseth, and Mrs. Dohan have watched the LexMedia videos and signed the
Mullen affidavit.
Motion to issue the Order of Resource Area Delineation at 443 Lincoln Street made by Mr. Wolk
and seconded by Mr. Beuttell. Vote: 5-0 in favor.
Issue Partial Certificate of Compliance for 65 Winter Street, DEP 201-1004, BL 961
Motion to issue a Partial Certificate of Compliance made by Mrs. Dohan and seconded by Mr.
Beuttell. Vote: 5-0 in favor.
Full compliance is pending full stabilization and restoration.
Issue Certificate of Compliance for 4 Lake Street, DEP 201-940, BL 899
Motion to issue Certificate of Compliance made by Mr. Beuttell and seconded by Mr. Wolk.
Vote: 5-0 in favor.
Issue Certificate of Compliance for 14 Hamblen, DEP 201-988, BL 955
Motion to issue Certificate of Compliance made by Mr. Beuttell and seconded by Mr. Wolk.
Vote: 5-0 in favor.
Issue Certificate of Compliance for 6 Blueberry, DEP 201-999, BL 956
Mike Novak- Meridian Associates
The Commission asked Mr. Novak if the grading has been pulled back from the tree. Mr. Novak
answered that has not been done yet. The commission decided they would issue a full certificate
once that work is complete.
Motion to issue a Partial Certificate of Compliance made by Mr. Wolk and seconded by Mrs.
Dohan. Vote: 5-0 in favor.
Issue Certificate of Compliance for 116 School Street DEP 201-965, BL 923
Ms. Mullins explained that the matters retaining to the restoration area were ongoing at this
point.
Motion to issue a Partial Certificate of Compliance made by Mr. Beuttell and seconded by Mrs.
Dohan. Vote: 5-0 in favor.
6:56pm
Request for an Insignificant Plan Change, Concord Ave Sidewalk Project, DEP 201-930, BL
890, modify slope stabilization method from fully vegetated to armored with partial vegetation
Steve Erikson- Norse Environmental Services
Mr. Erikson explained that the original project was to replace a 5’x5’ culvert and part of the
project called for slope stabilization using vegetation. Because the project was finished towards
the end of the growing season, the contracted decided to use rip rap to stabilize the slope. Mr.
Erikson recommended to the contractor to add some top soil and vegetation to the rip rap. He
stated that the area is currently stabilized.
Questions and comments from the commission:
The commission asked why the applicant did not go back to the commission for the change
before it happened. Mr. Erikson explained that he was unaware that the contractor made these
changes. They brought it to the Commission’s attention as soon as he was aware.
The commission asked what types of grasses and plugs were planted on the slope. Mr. Erikson
explained that they were all native species, but he can provide the commission with specific
information at the next meeting.
NEW MEETINGS/HEARINGS
7:08pm
DET 16-49
RDA, 28 Columbus Road
Applicant/owner: Asim Khwaja and Sehr Jalal
Project: Shed dormer addition to second floor
Bill Erikson- architect
Mr. Erikson explained that this project is to add a shed dormer addition to an existing home. The
entire dormer would be within the existing roof line. They are proposing to establish a limit of
work line and check the existing stormwater system. No additional impervious surface is being
proposed.
Questions and comments from the commission:
The Commission stated that during construction the application should protect the gutters near
the construction area during construction to stop debris from entering the drainage system.
Motion to issue a Negative Determination with Conditions made by Mr. Wolk and seconded by
Mr. Beuttell. Vote: 5-0 in favor.
7:13pm
DET 16-50
RDA, 121 Marrett Road
Applicant/owner: Cotton Farm Realty Trust
Project: Relocation of an existing driveway
Motion to continue hearing to 1/9/2017 at the applicant’s request made by Mr. Beuttell and
seconded by Mr. Wolk. Vote: 5-0 in favor.
7:18pm
DEP 201-1040, BL 997
NOI, 85 Ward Street
Applicant/Owner: Richard F Perry
Project: Raze and rebuild a single family dwelling
Rich Kirby- LEC Environmental, Mike Novak- Meridian Associates, Dick Perry- Owner
Mr. Kirby explained that the new house would be 88 ft. away from the wetlands. There will be a
decrease in impervious surface within the buffer zone. He stated that tree protection has been
proposed as well as FENO markers along the property line.
Mr. Langseth entered the Engineering report into the record.
Questions and comments from the Commission:
The commission questioned what the total difference in impervious surface is. Mr. Kirby stated
he did not have that information, but it was an overall decrease in impervious surface within the
buffer.
The commission asked why a permeable membrane was needed on the recharge system. Mr.
Novak explained that because the slope is steeper in that area they wanted some extra protection
from leakage.
The commission asked why there was no stormwater system of the driveway. Mr. Novak
explained that they were able to capture enough from the system for the home.
The commission requested that the applicant clean up some of the waste on the property. The
applicant agreed to clean up debris in the wetlands.
Motion to close hearing made by Mr. Beuttell and seconded by Mr. Wolk. Vote: 5-0 in favor.
7:36pm
DEP 201-1041, BL 998
NOI,167,173,177 Cedar Street
Applicant: Ben Finnegan
Owner: Peter and Susan Staecker
Project: Resource Area Delineation
Michael Novak and Chris Gajeski- Meridian Associates
Mr. Gajeski explained t the commission that there was a previous delineation done in 2007, but
he made some modifications from that line. He explained that the stream on site is an
intermittent one. During the site visit, both vegetation and soils were evaluated.
Questions and comments from the commission:
The commission asked why the stream is considered intermittent. Mr. Gajeski explained that he
did a five part test to come to that conclusion. He stated that it is not shown as perennial on
USGS maps.
Questions and comments from the audience:
Mr. Kenneth Wright of 160 Cedar Street asked what the contemplated development was. Mr.
Langseth explained that at this point, the commission is just approving the wetlands line and they
are unsure of any future development plans.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in
favor.
7:45pm
DEP 201-990, BL 947
Amend Order of Conditions, 60 Munroe Road
Owner/Applicant:
Project: Modification to relocate house footprint and the do not disturb buffer zone and
restoration and enhancement areas
Scott Smyers- Oxbow Associates, John Farrington- Attorney, Tony Fanuele- Owner/builder
Mr. Smyers explained that the house was built 22 feet away from the wetlands rather than the
approved 33 feet. He stated that the original house that was there was only 12 feet away from the
wetlands. They are proposing to add 860 sq. ft. of restoration area which is twice the size
originally approved. They are proposing to add a small retaining wall to demarcate the do not
disturb area as well as two FENO markers in the rear. The deck stairs have been repositioned to
be outside of the 25 ft. buffer.
Questions and comments from the commission:
The commission asked for clarification regarding how the material that will be excavated for the
retaining wall will be handled. Mr. Fanuele explained that the wall will be excavated by hand
and the soils will be removed immediately.
The commission asked what size plants will be put in the restoration area. Mr. Smyers explained
that he will be using three gallon containers that are 2-3 feet high.
The commission asked for more detail regarding the size of the retaining wall. Mr. Fanuele
explained that it will be 12 inches thick and will stick 4 inches above the grass line.
The commission asked for clarification regarding when the wall will be installed. Mr. Fanuele
and Mr. Smyers explained that the wall will be installed as soon as the weather allows in the
Spring. The additional plantings will be done at that time also. The commission decided on June
1, 2017 as the deadline for the wall being installed.
The commission requested that the applicant explore removing invasive species on the property.
Mr. Smyers said they will explore doing this as long as the invasive species are on their property.
Motion to close the hearing Mr. Wolk and seconded by Mrs. Dohan. Vote: 5-0 in favor.
Motion to issue the Amended Order of Conditions made by Mr. Beuttell and seconded by Mrs.
Dohan. Vote: 5-0 in favor.
8:20pm
Enforcement Discussion, 60 Munroe Rd, DEP 201-990, BL 947
Mr. Langseth explained that the commission is not inclined to have the builder move the house
so that leaves them with levying a fine. The commission discussed how much the commission
could fine and when the fine could begin from. Mr. Langseth explained that they can fine up to
$100 a day. He stated that they were first notified that the foundation was in the wrong place on
11/10/2016. The foundation was inspected by the Building Department on 1/21/2016. The
amount of days between those two dates is 294 days.
Attorney Farrington stated that the Commission’s rules regarding fining are somewhat
complicated. He stated that the applicant was not aware that there was a problem with the
foundation until the final survey was done on 11/10/2016. He told the commission that he felt it
was more appropriate to start fining from that day because that is when the builder learned of the
problem. Mr. Langseth stated that the as-built was stamped on 10/26/16 so that would be a more
appropriate date.
The commission discussed why the builder was not aware of the problem at the time of the
inspection. During the inspection that inspector is looking for construction problems, not
setbacks.
Mr. Smyer explained that the house is actually 8.5ft closer than proposed and the bulk head is 11
ft. closer.
The Commission will take this up at their next meeting.
8:50pm
DET 16-42
6 Lothrop RDA
Owner/applicant: Yu Wei
Project: Construct addition to an existing single-family home
Motion to continue the meeting to 1/9/2017 at the Applicant’s request made by Mrs. Dohan and
seconded by Mr. Beuttell. Vote: 5-0 in favor.
DEP 201-1039, BL 996
NOI, 6 Milk Street
Owner/Applicant: Li and Wu
Project: Raze and construct new single-family home
Motion to continue the hearing to 1/9/2017 at the Applicant’s request made by Mrs. Dohan and
seconded by Mr. Beuttell. Vote: 5-0 in favor.
8:52pm
Planning Board comments for 0 Grove Street
The commission discussed an upcoming Planning Board hearing in which 0 Grove Street will be
on the agenda. The commission stated that a representative from the commission should attend
the meeting. They also decided that they should submit written comments to give to the Planning
Board ahead of time. The issues the Commission were going to address in their comments
included the steepness of the slope, some of the lots are within the 100 ft. buffer, the vernal pool
was not delineated, drainage analysis was not submitted, and some issues with catch basins and
overflows.
9:30pm
Approve minutes: 12/5/2016
Motion to approve the minutes made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 5-0 in
favor.
Enforcement Updates
Ms. Mullins stated that 95 Hayden and 63 Winter St. have applied for the 1/9/17 meeting. 36
Summer Street has installed erosion controls and the fill has been removed.
9:33pm
Schedule Site Visits for the 1/9/2016 Meeting
Site visits were scheduled for 1/7/17 at 9:30am.
Reports
Mr. Wolk reported that the CPC approved the request for appraisal at 39 Highland Ave for the
Conservation Commission and LexHab.
9:37pm
Motion to adjourn made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 5-0 in favor.