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HomeMy WebLinkAbout2017-01-09-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Monday January 9, 2017 6:30 P.M. Hudson Room, Cary Hall 1605 Massachusetts Ave Chair Philip Hamilton opened the meeting at 6:34pm in the Parker Room of the Town Office Building Commissioners Present: Phil Hamilton, Duke Bitsko, Alex Dohan, Kevin Beuttell, Dick Wolk Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation Department Assistant 6:34pm Issue Order of Conditions at 85 Ward Street, DEP 201-1040, BL 997 Motion to issue an Order of Conditions made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 5-0 in favor. Issue Order of Resource Area Delineation at 167, 173, 177 Cedar Street, DEP 201-1041, BL 998 Mr. Hamilton has watched the video of this hearing from 12/19/16 and has signed the Mullins affidavit. Motion to issue an Order of Resource Delineation made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in favor. Issue Certificates of Compliance at 6 Bryant Road, DEP 201-1019, BL 976 and 20 Victory Garden, DEP 201-967, BL 925 Ms. Mullins explained that these projects were not ready for the Certificate of Compliance. 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 This plan change request will be discussed at the following meeting. Enforcement Discussion, 60 Munroe Rd, DEP 201-990, BL 947 Mr. John Farrington and Mr. Tony Fanuele were present. Mr. Farrington submitted a memo to the Commission. Mr. Hamilton explained to the Commission that the current issues in front of the Commission were the number of days to fine the builder as well as the amount to fine per day. The commission discussed whether it was appropriate to begin the fining from the day the foundation was inspected or the day the as-built was made. The commission concluded that the builder should have had knowledge that the foundation was in the wrong location at the time of inspection. The Commission stated that the fine should end on the day the applicant brought the problem to the attention of the Conservation office- 294 days. Each Commissioner discussed what they felt was an appropriate amount for the builder to be fined. The commissioners discussed the severity of the violation and whether it called for the maximum fine of $100 per day or a lesser amount.. Three Commissioners felt the fine should be $50 a day, one Commissioner felt that the fine should be $75 a day, and one Commissioner felt the fine should be $100 per day. Motion to issue a fine of $50 per day for 294 days made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 3-2 in favor. Mr. Bitsko and Mr. Wolk voted against and felt the fine should be higher. 7:06pm DEP 201-1042, BL 999 ANRAD, 7 Crosby Road, Hastings School Owner/applicant: Town of Lexington Project: Resource Area Delineation Fred King- Schofield Brothers Engineering and Vivian Low- DiNisco Architects Mr. King explained that there is a plan to put a new elementary school on the site and this ANRAD is the initial starting point for planning. They reflagged the wetland recently. He described the wetlands as a wooded swamp area and an intermittent stream. Questions and comments from the Commission: The commissioners agreed that they felt the wetlands flags were correct based on the site visit. The commission asked if Mr. King could provide them with the details that show that the stream is intermittent. Mr. King stated he would submit the documents to the office. Questions and comments from the public: A few abutters from the area asked what the process is for building the new school is. The commission explained at this point they are just approving the wetlands line, but any work within the 100 ft. buffer will have to be approved by the Commission. The commission stated that they want to see the stream information before closing the hearing. Motion to continue the hearing to 1/23/17at the Applicant’s request made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0. 7:17pm DET 17-1 RDA: 47 Ledgelawn RDA Owner/applicant: Pannetta Construction Co. Inc Project Second Story addition and limited site work Frank Panetta: owner/builder Mr. Panetta explained that this project is to add a second-story addition to an existing home as well as some limited site work. He stated that he met with Ms. Mullins and has slightly adjusted his plan based on her comments. 100 sq. ft. of additional driveway area will be added. The applicant explained that he wishes to add an underground gas tank to the rear of the house, but will add above ground tanks if the commission would prefer that. The commission discussed whether a 25 ft. no disturb buffer would be sufficient for Riverfront area. The commission also asked for clarification regarding the trees that are labeled to be removed. Mr. Panetta explained that he will come back to the commission with an updated plan. Questions and comments from the public: Elaine Stirzen, 45 Ledgelawn, explained that she was concerned about gas tanks being installed in the neighborhood. The Commission explained that the fire department has regulations regarding gas tanks and she should check in with them. Motion to continue the meeting to 1/23/17 at the applicant’s request made by Mrs. Dohan and seconded by Mr. Bitsko. Vote: 5-0 in favor. 7:38pm DET 17-2 RDA, 36 Sanderson RDA Applicant: William Caira Project: New front portico and rear deck addition Bill Caira- contractor Mr. Caira explained that his client wishes to add a front portico to the house that will be under 100sq. ft. and expand their deck, but keep it outside of the 50 ft. buffer. Questions and comments from the Commission: Ms. Mullins explained to the Commission that during a larger project done at this house, wetland replication was required which has altered the 50 ft. buffer. She stated that deck expansion is now within the updated 50 ft. buffer. Motion to continue the hearing to 1/23/17 at the applicant’s request made by Mrs. Dohan and seconded by Mr. Wolk. Vote: 5-0 in favor. 7:48pm DET 17-3 RDA, 95 Hayden Ave Applicant: 95 Hayden LLC Project: New light poll installation Chris Gajeski- Meridian Associates Mr. Gajeski explained that the proposed project is a lighting upgrade project. He stated that part of the project has already been completed. He said that the applicant was not aware that some of the light poles were within the buffer zone. About 90% of the project has been completed. The remaining five lights to be installed do not require any excavation or trenching. Mr. Gajeski has installed erosion controls on the site. Questions and comments from the Commission: The commission stated that on their site visit they saw that the erosion controls were not installed correctly. Mr. Gajeski explained that since the site visit, the mistakes have been corrected. The commission explained that they would like to go back to ensure that the stabilization issues have been corrected. Mr. Gajeski explained that the applicant will not be installing the remaining lights until the Spring so he will come back in the Spring with a more detailed plan. The Commission stated that they would like to visit the site to confirm the correct installation of the erosion controls and the applicant agreed. Motion to continue the meeting to 1/23/17 at the Applicant’s request made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor. 8:02pm DEP 201-1043, BL 1000 NOI, 98 East Street Applicant/owner: Sean and Jennifer Kennedy Project: New covered entryway, woodshed, patio, and sports court Motion to continue the hearing to 1/23/17 at the applicant’s request made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor. 8:02pm DEP 201-1003, BL 960 Amended Order of Conditions, 63 Winter Street Applicant/owner: Baron’s Custom Homes LLC Project: Modifications including foot print changes, additional driveway, and additional retaining walls Rich Kirby- LEC Environmental, Jim Burke- Project Engineer, John Farrington- Attorney, Mark Barons- Builder/owner Mr. Kirby explained that there were some changes from the approved proposal with the largest ones being a foot print change as well as an additional driveway. He stated that the changes were outside of the 100 ft. buffer. Mr. Burke explained that the existing drainage system is capable of handling these changes. Mr. Kirby explained that the site will be stabilized by the Spring. Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in favor. CONTINUED MEETINGS/HEARINGS 8:07pm DET 16-50 RDA, 121 Marrett Road Applicant/owner: Cotton Farm Realty Trust Project: Relocation of an existing driveway Scott Smyers- Oxbow Associates Mr. Smyers explained that they are proposing to restore an old driveway in order to access the lot. There will be minimum of grading and disturbance. The restored driveway will be located mostly outside of the 100 ft. buffer zone. Questions and comments from the commission: The Commission asked how steep the driveway will be. Mr. Smyers explained that he was not sure of the grade, but it does not have to comply with zoning requirements because it is existing. Motion to issue a Negative Determination made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in favor. 8:18pm DET 16-42 6 Lothrop RDA Owner/applicant: Yu Wei Project: Construct addition to an existing single-family home Motion to continue the hearing to 1/23/17 at the Applicant’s request made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor 8:18pm DEP 201-1039, BL 996 NOI, 6 Milk Street Owner/Applicant: Li and Wu Project: Raze and construct new single-family home Rich Kirby- LEC Environmental, Mark Giarusso- Hybrid Built Homes, Arby Rappi- Project engineer Mr. Hamilton entered the Engineering report into the record. Mr. Kirby explained that the restoration area has been enlarged, FENO markers were relocated, inspection ports were added, the filter fabric was removed from the bottom of the system, and the water line was shown on the plan. Additionally, predevelopment conditions were added to the stormwater plan and the O and M was altered. Motion to close the hearing made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 5-0 in favor. 8:23pm DEP 201-939, BL 898 30 Oakmount Circle, Amended Order of Conditions Applicant/owner: Copley Design Modification to the house footprint and watershed areas and realign drainage systems Motion to continue the hearing to 1/23/2017 made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor. Pending Continued Approve minutes: 12/19/2016 Motion to approve the minutes made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor. ZBA Comments for 1/12/2017 Meeting: 45-65 Hayden Avenue, Modifications of Special Permit with Site Plan Review: Add 144 surface parking spaces on the site The commission commented to the zoning board to not close the hearing until they have gone through the Conservation Commission. Discuss Steep Slope Regulations Mr. Hamilton explained that he has been working on drafting a policy regarding steep slopes and retaining walls. The Commission decided to review the proposal in more detail at the next meeting. The commission also discussed adding a regulation or standard condition requiring a foundation as-built plan upon completion of an approved foundation. 8:40pm Site visits were scheduled for Saturday 1/21/17 at 9:30am. 8:45pm Motion to adjourn made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 5-0 in favor. Respectfully submitted, Casey Hagerty Conservation Department Assistant Approved 1/23/2017