HomeMy WebLinkAbout2017-03-06-CONCOM-min
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday March 6, 2017
6:30 P.M.
Hudson Room, Cary Hall
1605 Massachusetts Ave
Chair Philip Hamilton opened the meeting at 6:31pm in the Hudson Room of Cary Hall
Commissioners Present: Phil Hamilton, Duke Bitsko, Alex Dohan, Dick Wolk, David Langseth,
Kevin Beuttell
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:31pm
Plan Change at 435-439 Lincoln Street, DEP 201-1015, BL 972
Jack Sullivan, Project Engineer, explained that there have been some minor changes to the
approved plan that they would like to implement. On two of the houses, the proposed patios
would be changed to open decks.
Questions and comments from the Commission:
The Commission commended the applicant for coming before them for the plan change before
the work was done.
Motion to approve the plan change made by Mr. Beuttell and seconded by Mr. Bitsko. Vote: 5-0
in favor.
6:34pm
Issue Certificate of Compliance at 6 Bryant Road, DEP 201-1019, BL 976
The applicant will be attending the next meeting to discuss this.
Issue Certificate of Compliance at 20 Victory Garden, DEP 201-967, BL 925
Motion to issue the Certificate of Compliance made by Mr. Wolk and seconded by Mr. Buettell.
Vote: 5-0 in favor.
Issue Certificate of Compliance at 44 Hartwell Ave. DEP 201-903, BL 863
This will be discussed at the next meeting.
6:35pm
Mr. Langseth arrived.
Extend Order of Conditions for 3 years at the Old Reservoir, DEP 201-437, BL 393
The commission reviewed the monitoring reports submitted by the applicant. The commission
stated that they would like to see more detail in future reports.
Motion to Extend the Order of Conditions of 3 years made by Mr. Langseth and seconded by Mr.
Beuttell. Vote: 6-0 in favor.
6:39pm
Issue Order of Conditions for DEP 201-1044, BL 1001 at 45, 55, 65 Hayden Ave
The commission discussed the special conditions that they would like to see in the Order. They
included invasive species removal, monitoring and fulfillment of the payment requirements prior
to the preconstruction meeting.
Motion to issue the Order of Conditions made by Mr. Langseth and seconded by Mr. Bitsko.
Vote: 5-1 with Mrs. Dohan voting against.
6:43pm
Ratify Emergency Certificate for 60 Hartwell Ave Beaver Dam Modification
Ms. Mullins explained that the beaver has built a dam in a part of the brook that is in danger of
overflowing into the sewage system. They will have to breach the dam in order to remove the
beaver so they are requesting permission from the commission.
Motion to issue the Emergency Certificate made by Mr. Wolk and seconded by Mr. Langseth.
Vote: 6-0 in favor.
6:45pm
Approve minutes from 1/23/17
This will be discussed at the next meeting.
Approve minutes from 2/6/2017
Motion to approve minutes made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 6-0 in
favor.
Approve Minutes from 2/21/2017
Motion to approve minutes made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 6-0 in
favor.
6:53pm
Schedule Site Visits for the 3/21/2017 Meeting
Site visits were scheduled for Saturday 3/18/17 at 9:30am.
6:53pm
Vote to extend date of Dunback Meadow Garden Closing
Mr. Hamilton explained that the process of expanding the Community Garden has taken longer
than initially proposed. The Community Garden subcommittee has suggested that they keep the
Dunback Meadow Garden open through the growing season of 2018 in order to properly prepare
Idylwilde.
Motion to extend the date of the Dunback Meadow closure made by Mr. Langseth and seconded
by Mrs. Dohan. Vote: 6-0 in favor.
6:57pm
Reports
There were no reports.
7:00 pm
CONTINUED MEETINGS/HEARINGS
DEP 201-1049, BL 1006
NOI, 99 Hancock Street, the Diamond School
Applicant/owner: Town of Lexington
Project: Hancock Street Driveway expansion
Ken DiNisco- DiNisco Associates, Fred King- Schofield Brothers Engineering
Mr. King explained that the Conservation Commission did a site visit to the school the past
weekend. He added that the Engineering department has signed off on the project as well.
At the last meeting, the Commission had asked for more information regarding permeable pavers
or asphalt for the sidewalk. Mr. King explained that on this site, they had ideal soils for
infiltration so that was a preferred method. Permeable pavement was explored in the design
process but was ultimately ruled out. Mr. King explained that there are a great deal of utilities
that run under the driveway and they would have to be removed if porous pavement was used.
Porous pavement would also significantly increase the cost of the project. A porous sidewalk
was ruled out because it would be more maintenance for the School Department and they were
unsure how the additional water would interact with the drainage system.
Questions and comments from the Commission:
The Commission asked who maintained the porous pavement walkway behind the school. Ms.
Mullins explained that the Victory Garden HOA is responsible for that path.
The commission asked if they would be doing invasive species removal. Mr. DiNisco stated they
are proposing to remove the Oriental Bittersweet in the area. They will be cutting and painting it.
Mr. DiNisco added that his team will be meeting with the concerned abutters in the coming
weeks.
Motion to close the hearing made by Mr. Beuttell and seconded by Mr. Wolk. Vote: 6-0 in favor.
NEW MEETINGS/HEARINGS
DEP 201-1051, BL 1008
NOI, 85 Grant Street
Applicant/owner: Wilson
Project: Home addition
Peter Gammie, Civil Engineer and Joan Wilson, Homeowner
Mr. Gammie explained that there is a resource area across the street from the applicant’s
property. The 100 ft. buffer extends into the property and 25 sq. ft. of the addition will be within
the buffer. Mr. Gammie explained the two watersheds on the property and demonstrated to the
commission that none of the water is running into the wetlands across the street. Mr. Gammie is
proposing a net decrease in overall runoff to Grant Street.
Mr. Hamilton entered the engineering report into the record.
Questions and Comments from the Commission:
The commission commented that they did not get a plan detailing the stormwater system. Mr.
Gammie explained that it was a mistake and it will be delivered to them.
The commission and the project engineered discussed the jurisdiction of the commission because
only 25 sq. ft. of the proposed addition was within the buffer zone. The commission explained
that because a portion of the project is within the buffer, the project falls under their jurisdiction
and requires stormwater attenuation.
The commission discussed whether the Vine Brook, which is culverted under the property, is
within their jurisdiction. Ms. Mullins explained that because the culvert is uninterrupted for over
200 liner feet, it is outside of their jurisdiction in this area.
The commission explained that the proposed infiltration system is within the town easement for
the culverted Lower Vine Brook, and that placement could not be approved.
Motion to continue the meeting at the Applicant’s request to 3/21/2017 made by Mrs. Dohan and
seconded by Mr. Beuttell. Vote: 6-0 in favor.
7:39pm
DEP 201-1045, BL 10002
NOI, 288 Concord Ave
Applicant/owner: Thomas and Donna Denoto
Project: Home addition and driveway expansion
Dave Crossman- B and C Associates
Mr. Beuttell stated for the recorded that he has watched the LexMedia Video and signed the
Mullens affidavit for a missed hearing on 2/21/17.
Mr. Crossman explained that he submitted a new plan showing the proposed FENO markers, the
trees to be removed on the entire site, and additional language regarding the replanting in the
area where the shed is to be removed. He stated that in that area, they will be using a seed mix
and erosion control blankets until the area is stabilized.
The commission stated for the record that they are considering the stream on site perennial for
this filing.
The commission stated that as a condition, they want to know what seed mix will be used on the
Conservation land. The applicant agreed to this.
Motion to close the hearing made by Mrs. Dohan and seconded by Mr. Langseth. Vote: 6-0 in
favor.
Motion to issue the Order of Conditions made by Mrs. Dohan and seconded by Mr. Beuttell.
Vote: 6-0 in favor.
7:49pm
DEP 201-1046, BL 1003
NOI, 52 Turning Mill Road
Applicant/owner: Jeong- Ju Cho
Project: Garage Addition
Scott Henderson- project engineer
Mrs. Dohan recused herself from this hearing.
Mr. Henderson explained that an alternatives analysis has been submitted and he provided the
commission with some additional materials. He walked the commission through each alternative
and explained that their goal was to keep the project on the existing pavement. Because of the
need to turn the cars around, they had to increase size of the garage. Six alternatives were shown
with only one being a preferred option for the client.
Questions and comments from the commission:
The commission stated that they felt there were other alternatives that could be explored. The
commission stated that they did not think it was necessary to stay within the existing driveway
footprint.
The commission asked whether the applicant had looked into the possibility of a green roof. Mr.
Henderson stated that architecturally, this plan was not feasible. He added that the area is also
very vegetated and the roof would not get enough sunlight.
The commission stated that there should be something along the edge of pavement such as a curb
to block a driver from going into the wetlands while making a three point turn. The commission
also discussed if the three point turn would be necessary or if the applicant could back down the
driveway.
The commission discussed the shed on the property and whether it is considered a structure. The
commission stated that they typically do consider sheds structures. However, when considering
an existing structure’s proximity to a wetland, they measure from the structure itself and not
from an unattached shed.
The commission debated whether having the cars protected from the wetlands is a sufficient
benefit to justify a new structure close to the wetlands.
Motion to close the hearing made by Mr. Beuttell and seconded by Mr. Langseth. Vote: 6-0 in
favor.
8:26pm
DEP 201-1048, BL 1005
NOI, 85 Kendall Road
Owner/applicant: Feng Gao
Project: Home addition
Scott Smyers- Oxbow Associates
Mr. Langseth stated for the record that he has watched the LexMedia video of this hearing and
have signed the Mullens Affidavit for a missed hearing on 2/6/2017.
Mr. Smyers stated that since the last hearing they have resubmitted the project with the stream
defined as perennial. A vegetation plan has been submitted for both sides of the brook. On the far
side stream they have increased the size of the restoration area. Total, there will be 1,800 sq. ft.
of restoration. A planting plan for the restoration area has been submitted.
Questions and comments from the commission:
The commission asked what size plants were proposed. Mr. Smyers stated they are proposing 24-
36 inch shrubs and 6ft. tall trees.
The commission asked for some clarification regarding the shape of the restoration area. Mr.
Smyers explained that because they want to maintain some lawn area on the side closest to the
house so they are offering up a larger portion of the back half of the lot. The commission stated
that they are ok with this approach, but would like to see the path pulled back slightly from the
river. The applicant agreed to this.
The commission stated that they would like to see some sort of demarcation to delineate the
restoration area. Mr. Smyers stated he would look into this.
Motion to continue the hearing to 2/21/2017 at the applicant’s request made by Mr. Wolk and
seconded by Mrs. Dohan. Vote: 6-0 in favor.
8:53pm
Pending matters continued
Discussion of Planning Board report regarding land appraisals
Ms. Mullins explained that she is waiting to hear back from the Planning Department regarding
this report.
Steep Slope Performance Standards Regulation Discussion
The commission reviewed Mr. Beuttell’s edits to the regulation. Some changes were discussed
regarding the threshold jurisdiction. The commission discussed how the slopes should be
measured and what contours they should require on a plan.
The commission decided that they would do some research into prior filings to get a better
understanding of how they would implement this regulation.
9:19pm
Motion to adjourn made by Mr. Langseth and seconded by Mr. Wolk. Vote: 6-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 3/21/2017