HomeMy WebLinkAbout2000-07-25-CONCOM-min.pdf MINUTES - LEXINGTON CONSERVATION COMMISSION JULY 25, 2000
Commissioners present: Lisa Baci, Duke Bitsko, Bebe Fallick, Angela Frick and Richard Wolk.
Absent: Joyce Miller and Philip Hamilton.
Others present: Marilyn Nordby and Linda Gaudet.
Acting Chairman Angela Frick called the meeting to order when the quorum was filled at 8:00
p.m. in Room G-15, Town Office Building. The hearing scheduled for 7.45 was delayed until
this time.
High School Proiect (201-438) - Ms. Baci reported that Mrs. Miller requested that she set up a
site visit with the new Project Manager to discuss the status of the construction regarding the
drainage system. It was decided that it would be useful for all Commissioners possible to attend
the meeting. Lisa will try to set a meeting up through Peter Kelley
Cont'd. Hearing, 188 East Emerson Road - 201-471 8 p.m.
Present: Mary Rimmer, representative; and Mr. & Mrs. Colatosti, applicants.
Mrs. Frick read the Engineering report stating that he concurs with the engineer's methods and
conclusions for the revised drainage design.
The Commission had no further questions. Therefore, it was moved, seconded and unanimously
voted to close the hearing.
REED'S BROOK PROJECT Informal Discussion (201-470) 8:05 p.m.
Gary Fallick, the commission's representative, reported on the status of the project to date. He
had attended the Arlington Conservation Commission meeting where Kevin O'Brien presented
the plan that was the result of revisions made in accordance with the mediation agreement.
Arlington Conservation had issued the original Order in 1997 Mr O'Brien also reviewed the
history of the mediation. His discussion revolved primarily around the work in Arlington and
there was little discussion about the downstream impact in Lexington. The Arlington hearing
was continued to August 3 at 8 p.m. Michael Lelyveld spoke at the Arlington meeting regarding
the project. There was much discussion regarding the potential for success of the plan to
mitigate the current flooding in Summer Street including the introduction of a new upstream
drainage problem by an Arlington abutter. If there is a change to any of the drainage in
Arlington, there may also have to be changes to the proposed drainage system in Lexington
because the two projects are tied so closely together. Mr Fallick doesn't believe the Arlington
Conservation hearing is close to being closed.
Marilyn Nordby said that Dennis Lowry of ENSR has been hired as our consultant to review the
aspect of the proposal that deals with the creation of upland as a result of the dredging of the
channel in Lexington. He has been given all the necessary project material and will do an
MINUTES - LEXINGTON CONSERVATION COMMISSION 7/25/00 PAGE 2
analysis of the impact on the bank of the brook. Ms. Baci said he should make sure that
Arlington has done everything they should to comply with all the statutory language. She noted
there were no alternatives in terms of the drainage itself especially with regard to the DEP
suggestion to create an obstruction at the stone bridge. Ms. Nordby will give Mr Fallick a copy
of the proposal given to Mr. Lowry for his work.
Dick Wolk is concerned about pollutants flowing downstream into Lexington if work is done on
the landfill in Arlington. He asked if we could ask for water quality monitoring in our Order.
Lisa said they are doing groundwater monitoring now near Lexington and are tracking the
quantities of sediment (the quantity coming out of the stormwater system as it comes into
Lexington). We could ask them to do testing also. We could require it inside the Lexington line.
Gary Fallick suggested that the issues to be addressed in an Order would include: an emergency
plan to deal with a disaster event during the work; the possibility of obtaining damage insurance
to cover Lexington because the requirement in the bid documents published by Arlington only
pertains to Arlington; defining where the responsibility lies for restoring damage areas; and the
responsibility for future brook maintenance including care of rip-rapped channels. Ms. Baci
said that per the Mediation Agreement, Arlington will maintain the outfall pipes and be
responsible for residue from them and Lexington will be responsible for silting within Lexington.
Mr. Fallick will serve as intermediary if Dennis Lowry needs to enter Mr Lelyveld's land to
check the wetland line for the Commission. In regard to the Arlington landfill closing, Ms. Baci
said Arlington needs to submit to DEP all their plans which include providing all the design
plans and the landfill closure design; they must provide Lexington and abutters the same plans
for their review Arlington will be providing a risk assessment to DEP shortly Gary will follow
through on some of this.
HEARING. DUNHAM ST EXT LOT 1 R. DuPont. sinele-familv house 8:40 p.m.
Present: Roger DuPont, applicant; Scott Smyers, Oxbow Associates.
Mr. DuPont introduced the project for the construction of a single-family house on Lot 1,
Dunham Street. This is a part of a two-lot subdivision which is going before the Planning Board.
Only portions of lot 1 and a corner of the turnaround at_the end of Dunham_SIroet_falLvvithin_the
100-foot buffer. Dunham Street is extended into the paper street section of Dunham Street only
enough to construct a hammerhead to meet the requirements of the Planning Board. The
remainder of the paper street to the left of the lot will be extinguished. He needs the permission
of the original subdivision owners to release their rights to the paper street in order to extinguish
it. He has three of the four approvals necessary
Commissisoners' questions followed. Mssrs. DuPont and Smyers agreed that the yard use could
be restricted to the area within the retaining wall shown at the side of the house on the proposed
plan. No landscaping plan has been submitted. The Commission felt that in this case,the
Planning Board needs to approve the plan so that the Commission can review a final plan. They
also need to be certain that the extinguishment of the paper streets is possible. Mr DuPont said
they can commit to the footprint of the house and they will have an agreement for the release
MINUTES - LEXINGTON CONSERVATION COMMISSION 7/25/00 PAGE 3
from the fourth neighbor soon. Mr. DuPont said that he applied with Conservation first, as
directed by Planning,to be sure the project complies with the wetlands by-laws.
Mrs. Frick read the engineering report which concurred with the project engineer's methods and
conclusions. However, it was noted that a detail of the leaching basin structure illustrating rim,
invert, and base elevation and the extent of the stone backfill should be incorporated into the
NOI to avoid confusion during construction.
Ms. Nordby clarified that what the Planning Board generally needs is only an approval of
wetlands line in order to review the projects before them. Duke Bitsko and Jere Frick had
reviewed and approved of the wetland line at the site visit. Therefore, it was decided that the
meeting should be left open, but to formally approve the wetland line this evening. When asked
about what they would like submitted at the next hearing, the Commission said they wanted a
landscape plan that would discourage future homeowners from using at least a 25-foot buffer
between any yard and the wetland and a plan for snow storage. They also want more
information on safeguards to assure that the stone trench at the end of the Dunham Street
hammerhead will not fail. A revised plan will be expected at the next meeting.
Blair Ruocco, Webb Street abutter, wanted clarification of where the homes would be located on
Dunham Street. Linda DiSilva of 24 Webb Street expressed her concern about the wetlands and
the possibility of Dunham Street being extended.
Mr DuPont said that the owners of the abutting property,the Kavlakians, have no legal rights to
the street and would not be able to continue the street. The applicant anticipates that the road
will be accepted by the Town and the maintenance of the stone trench at the end of the hammer
head would then be the Town's responsibility When questioned as to the presence of the owner,
Mr. DuPont said that he owner has owned the property since 1923 and was unable to attend
because of illness.
It was moved, seconded and voted to approve the wetland line as delineated on the plan. With
the applicant's consent, it was moved, seconded and voted to continue the hearing to September
5 at 8.30 p.m.
ORDER OF CONDITIONS. 188 EAST EMERSON ROAD - 201-471
It was moved, seconded and voted to approve the Order of Conditions for 188 East Emerson
Road as submitted.
Minutes - It was moved, seconded and unanimously voted to approve the minutes of July 20,
2000, as corrected.
17 Carley Road—201-461 The Commission reviewed a plan for an expansion to an approved
addition and decided that the revised plan should come in for an Amendment to the Order of
Conditions.
Tree Committee - Bebe Fallick reported that she attended a Tree Committee meeting last week.
She will be writing a new By-Law with Town Counsel for the protection of trees.
MINUTES - LEXINGTON CONSERVATION COMMISSION 7/25/00 PAGE 4
1 Senior Center Site Committee Bebe Fallick reported that she is attending meetings for this
committee and it would be helpful for her to have a map with all the Conservation areas marked
and a list of all the Conservation areas. These will be given to Bebe from the Office.
Metromedia—Bikeway—201-464 - Mrs. Frick reported that Metromedia has finally consented
to install an extra conduit line along the Bikeway in Lexington/Arlington.
Leeislature approves Open-Space Measure - Mrs. Frick submitted for the file an article
regarding the passage of a bill (The Community Preservation Act) to help communities fight
urban sprawl by buying up open space for preservation.
Certificate of Compliance Pheasant Brook Lot 2. 58 Solomon Pierce Road - 201-168 and
201-153
Ms. Nordby explained that these Orders are not applicable to the construction on the lot and in
the case of 201-168 was placed on the record by mistake. 201-153 was the original Pheasant
Brook I Subdivision Order and is not longer applicable. It was moved, seconded and
unanimously voted to issue the Certificates of Compliance for 58 Solomon Pierce Road.
Site Visits - Saturday, August 5—346 Woburn Street (10 a.m.). Duke Bitsko will look at 17
Carley Road on his own.
The meeting adjourned at 10 p.m.
Respectfully submitted,
Linda A. Gaudet
Secretary