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HomeMy WebLinkAbout2000-06-06-CONCOM-min.pdf MINUTES - LEXINGTON CONSERVATION COMMISSION JUNE 6, 2000 Commissioners present: Lisa Baci, Duke Bitsko, Bebe Fallick, Angela Frick, Philip Hamilton, Joyce Miller and Richard Wolk(8:20 pm). Others present: Marilyn Nordby and Linda Gaudet. Chairman Miller called the meeting to order at 7:50 p.m. in Room G-15, Town Office Building. Cont'd. Hearing for ANRAD LOT 3 HARTWELL AVE. Magnus Engineering. - 201-469 Wetlands Boundary Present: Joseph Steinkrauss, Attorney for Magnus; Chester Redmond and James Redmond of Commonwealth Engineering; Carl Melberg, Biologist; P.K. Shah, Magnus Engineering, the applicant. Others are listed in the file. Mr Redmond explained the revised plans reflect changes made in the field with the Commission on their site visit when the soils were checked at additional locations. The lot line on the easterly side of the property, as deeded, is the brook. Soil sample data has been submitted. Vegetation, soils and hydrology were used to delineate the BVW boundary There is less than an acre of upland on the 4 1-acre parcel (41,320 s.f. of upland and 137,276 s.f. of wetland). The Commission stated this is an extremely sensitive lot and that the applicant should think seriously about its potential for development. It was moved, seconded and voted to approve the wetland line as delineated on the revised plan. DET #00-5. 250 LINCOLN ST J deHaro, Addition 8 p.m. Present: Mary Trudeau; Deborah deHaro, applicant. Others are listed in the file. Ms. Trudeau presented the plan for the construction of a 16x22-foot addition to the existing single-family home at 250 Lincoln Street. The addition will be on lona tubes in the same location as the existing deck. A new 8x26 foot deck will be constructed on the west side of the proposed addition. The proposed addition is 65 feet from a wetland located on the abutting lot. Wetlands on the southern end of the lot are more than 100 feet from the proposed work. There appears to be an intermittent stream in the wetlands system. Roof runoff will be discharged to a french drain system located around the perimeter of the addition. Ms. Trudeau noted that the Town's Engineer requested that a percolation test be performed on site and the results have recently been submitted for approval. Ms. Trudeau believes the french drain as proposed is oversized for the project. Abutter Mary Boucher said the stream was declared an intermittent stream for the Coppersmyth Way project on Marrett Road. She supports the project. MINUTES - LEXINGTON CONSERVATION COMMISSION 6/6/00 PAGE 2 The Town Engineer has not submitted his report, therefore the meeting must be continued. With the applicant's permission, it was moved, seconded and voted to continue the hearing to June 20 at 8.20 p.m. If the Engineering is approved,the Order may be ready for approval at the next meeting. Order of Conditions, 53 Ledaelawn Avenue - (201-467) It was moved, seconded and voted to approve the Order of Conditions for 53 Ledgelawn Avenue as amended. Certificate of Compliance, 11 Lantern Lane - 201-402 It was moved, seconded and voted to issue a Certificate of Compliance for 11 Lantern Lane. Minutes - It was moved, seconded and voted to approve the minutes of 5/23/00 as submitted. (Dick Wolk arrived at 8.20 p.m.) Site Visits: - Saturday, June 10, 9:30 a.m. —Reed's Brook. Saturday, June 20, 9.45 a.m. — 188 E. Emerson Road; 10 a.m. - Winning Farm. Senior Center Site Committee: Mrs. Fallick reported she has been attending recent meetings for the Senior Center on Thursday evenings from 7.30 to 9:30 Since Conservation coverage at meetings is important, she asked that a substitute attend when she is away Mrs. Miller should be notified of these dates. HEARING, REED'S BROOK CLEANING, Town of Arlington - 201-470 8.30 p.m. Present: Kevin O'Brien, Asst. Director of Dept. of Planning and Community Development, Town of Arlington(Applicant); Jennifer Doyle-Breen and Mark Meserve, Metcalf&Eddy; Michael Lelyveld, abutter; Susan Fisher, Lexington Minuteman. Others are listed in the file. Mr. O'Brien introduced the project to clean the sediment from the Reed's Brook channel in Lexington just downstream from the Arlington/Lexington line. This is part of a project to develop athletic fields on the Arlington landfill located east of the town line. The purpose of the channel cleaning is to correct flooding in the watershed area that drains to the brook and the abutting residential lots. The original plan was designed to meet all state and local regulations without doing any work in Lexington. An Order of Conditions issued by the Arlington Conservation Commission for work in Arlington was appealed by abutters living in Lexington. The mediation process was initiated by DEP and involved the abutters and the Lexington Conservation Commission. The DEP was concerned that cleaning the brook might destroy the wetland which had been formed by the brook constantly overflowing its banks. However, during the mediation process evidence was provided from both Lexington and Arlington Public Works Departments that at the time of the enactment of the state Wetlands Protection Act, this section of the brook had been routinely cleaned, and therefore, would qualify as a limited project in which cleaning could continue. MINUTES LEXINGTON CONSERVATION COMMISSION 6/6/00 PAGE 3 Mark Meserve explained the plan. To improve drainage, the work will consist of replacing and installing new drainage pipes in Arlington, constructing a detention basin on the landfill and cleaning the Reed's Brook channel within Lexington. The brook channel cleaning is not required for drainage improvements, but it is required to satisfy the settlement agreement reached during mediation. More detail and back up data is included on page A-24 of the NOI. Jennifer Doyle-Breen stated that the project presented with this submittal is only for work in Lexington. She reviewed the location of the wetland boundary on the plan and a map. Reed's Brook flows from the Arlington landfill through Lexington where it joins the Munroe Brook and flows to the Arlington Reservoir. A section of the brook is culverted where it passes under Lowell Street. The resource areas include Reed's Brook, and bank and bordering vegetated wetland. The BVW is an emergent wetland dominated by purple loosestrife, cattails, commonweed, a few large willow trees and scrub shrub at the edges where the elevation is higher Adverse impact is unavoidable because of work that will take place in the resource areas to remove the silt from the brook channel. In addition to silt removal from the channel,they plan to remove large boulders and replace rip-rap along the channel banks. There will be work in the southern branch of the channel which receives water from Arlington street drainage. Their calculations show that a lower groundwater elevation in the early part of the growing season to about ten-feet on either side of the brook channel would result in a 7,000 s.f. loss of BVW which exceeds the performance standard of a 5,000 s.f. threshold. Because this is a limited project,the Conservation Commission may permit the project to proceed. Temporary impacts will be limited as much as possible by restricting the contractor to a 15-foot working area along the brook during the sediment removal. A silt curtain will be installed across the stream at various locations to prevent the silt from flowing downstream. Within the 15-foot disturbed area along the brook channel, the outer five-feet will be restored as a wetland with the inner 10-feet area restored with an upland seed mix. The replication area for compensation of the wetland removal is located on the landfill and is in the detention area. The replication area will be 10,400 s.f., slightly more than 1 1 300 s.f of vegetation along Reed's Brook is classified as bank under the Mass. WPA and the Lexington By-Law, but as vegetated wetlands under the Clean Water Act. This gives total area of 7,300 s.f. of BVW The Commission was given a picture and description of a Linkbelt 1600 piece of equipment proposed for removing the sediment. A revision was distributed to NOI Attachment N which clarified that the sediment would only be tested if something suspicious was noted. In answer to Mrs. Frick's concern that the rip-rap along the channel be restored, Mr. O'Brien said that most of the rocks in the channel are riprap that has fallen in and every effort will be made to replace them to their appropriate location. In regard to the sediment testing, Mr. O'Brien, said the results of the sediment testing are detailed in the NOI. Testing will take place if there is some indication it is needed. There will be a resident engineer on site at all times. Mrs. Miller said the Commission received a letter from one of the project abutters, Mr. Lelyveld, who has been active in following this project. She asked him to summarize the letter for the hearing. He complimented the developers of this project. However, he feels the project has changed since the mediation. The major design change is that a pipe will be installed in Reed Street to direct the southern branch of the brook to the detention pond because otherwise they MINUTES - LEXINGTON CONSERVATION COMMISSION 6/6/00 PAGE 4 cannot meet the regulations for a 2-year storm. Best Management Practice provides for detention near the brook. Mr. O'Brien agreed that this discrepancy should have been caught earlier Mr. Lleyveld is concerned that the modeling will not work, that the area is too flat for the pipe to drain, and there is a maintenance issue when it is partially silted up or when the detention pond becomes submerged in a rainstorm. He doesn't want to prevent the brook from being dredged because he feels they are at risk for flooding because the brook is filled right up to the top. At the same time he doesn't want it dredged at any cost. Mrs. Miller said that the hearing must be continued because our Engineer has not yet reviewed all the material. Ms. Baci is concerned that the downstream flows not be affected and she would like to see more detail on how that is to be handled. In response, Mr. O'Brien said that all the changes are intended to mitigate the downstream flows and regulate them so they are the same as they are today He said that all their permits have to be amended as a result of changes that have been made. They have to go back to the Arlington CC, DEP and the ACOE. He thinks the Lexington Commission should approve the plan before they go back to the Arlington CC or perhaps both processes should remain open to be sure all questions are answered. Changes in Arlington affect the Lexington side. Mr. O'Brien will be given a copy of Mr. Lelyveld's letter. Regarding the location of wetland mitigation, Ms. Breen said that the Commission can choose to require adherence to whatever performance standard they would like. The performance standards don't specify a certain distance from the impact area for mitigation, only that it must be along the same stream and in approximately the same location relative to the stream. She thinks they meet those standards in terms of mitigation. The Town line is an arbitrary line for wetland boundary identification. They don't meet all the BVW performance standards (in terms of the 5,000 s.f.), but they have criteria for replication areas. Ms. Breen said that this was addressed on A-30 of the NOI, but they would provide more information if the Commission wanted additional detail. She said replication in the area of the Lexington portion of the project would be difficult because most of the area that isn't wetland, is privately owned or forested. Cutting down a forest to build a wetland doesn't make sense. Mr. Bitsko asked where the sediments will go. Mr. O'Brien said that most will go to the site in Arlington as described in revised Attachment N. Mr Lelyveld is concerned about the construction in Reed Street and asked why it can't be done in the landfill. Mr. O'Brien said that to have that pipe uo throuuh the landfill which has up to about 25 feet of trash means an additional 2400 cubic yards of trash would need to be excavated and brought to a trash disposal area, spread and buried at great cost. Ms. Baci said there are environmental issues such as if the integrity of the pipe is breached,the water would drain into the landfill and eventually into the brook. This would be a major concern for the Commission. In response to concern regarding sediment washing back into the channel after the work, Ms. Breen said that a lot of this is heavily vegetated and mats will be placed down for the truck that will be hauling out the sediment. There will be seeding and the natural plants should also revegetate immediately With the applicant's permission, it was moved, seconded and unanimously voted to continue the hearing to July 11, 2000 at 8.30 p.m. The site walk will be held on Saturday, June 10 at 9:30 a.m. MINUTES LEXINGTON CONSERVATION COMMISSION 6/6/00 PAGE 5 REPORTS 10 a.m. Mrs. Miller reported that David Kessler will take Caleb Warner's place on the Cambridge Reservoir Advisory Board and needs to be officially appointed. It was moved, seconded and voted to appoint David Kessler as Caleb's representative on the Cambridge Reservoir Advisory Board. He should be invited to attend a Commission meeting. Mrs. Miller will send him a note. Lexington Christian Academy- Mrs. Miller read a letter from Palmer& Dodge, our attorney, noting that the plaintiffs have recently discovered there is a deed restriction on the property that would prevent the additional parking spaces for which they have been attempting to receive permission. It is expected that the plaintiffs will be dismissing the case in the near future. The Commission will be kept updated. Orienteering Discussion—Whinnle Hill - Mrs. Miller read a letter from Mr Dangel dated May 18, 2000, regarding the Orienteering program he plans at Whipple Hill. He would have to notify the Commission of any future use of the land. He wants a reconfirmation of our previous letter Ms. Nordby said that when he came into the office, he found that he could use our maps and therefore, he will give us a map that we can use in our Lexington Guide. A confirmation letter will be sent to Mr Dangel for him to proceed. Arlington—Great Meadow - Ms.Nordby reported that there is discussion in Arlington about putting a cemetery in the Great Meadow, but there is no definite action. Photo for Town Renort - It was decided that a photo will be taken at a future site visit. Book Recommendation - Ms. Baci recommended the book, Suburban Nation. It is an excellent book on how to develop areas with less sprawl. It discusses developments friendly to pedestrians and the environment. It may be useful for planning for the Senior Center. Bob Bowver's Retirement Party - Bob's party will take place on Friday, June 16, from 4 to 7 p.m. Bebe will do a presentation on behalf of the Commission and give him a Commission tee chin The meeting adjourned at 10.15 p.m. Respectfully submitted, Linda A. Gaudet Secretary