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HomeMy WebLinkAbout2000-11-28-CONCOM-min.pdf MINUTES - LEXINGTON CONSERVATION COMMISSION NOVEMBER 28, 2000 Present: Lisa Baci, Duke Bitsko, Bebe Fallick, Angela Frick, Philip Hamilton, Joyce Miller and Richard Wolk(8.15). Others present: Marilyn Nordby and Linda Gaudet. Chairman Miller called the meeting to order at 7'45 p.m. in Room G-15, Town Office Building. REED'S BROOK DISCUSSION Present: Kevin O'Brien, Arlington Planning Dept., Alan McClennan, Arlington Planning Director; Cheryl Blaine, Counsel for Arlington; Gary Fallick, Commission representative; Michael Lelyveld and William Toth, abutters. Prior to the meeting Mr. O'Brien submitted a letter dated November 22, 2000, stating Arlington's position and concern related to the appealed Order of Conditions, and a Draft Settlement Agreement. He asked if the Commission would be willing to mediate by way of discussing the Settlement Agreement which he believes would be a straightforward process. Both Mrs. Miller and Mr. Hamilton explained the Commission's position regarding this request. There are only two ways for Arlington to proceed. One is to withdraw the appeal of the Order of Conditions and file with the Commission for an Amendment to the Order of Conditions. This would allow for all the specific changes to be addressed in a public forum. Arlington would still have the right to appeal the Amendment to the Order Mrs. Miller said that the Commission would be agreeable for the Amendment to be heard at a public hearing and would consider the proposed amendment at that hearing. The other option is to go back to mediation as required by the original settlement agreement. If their appeal stands, DEP may require formal mediation. In a mediation process the Commission would have to appoint representatives. Mr O'Brien was concerned that Arlington would not be heard. Mrs. Miller confirmed that the Commission would hear the evidence presented in a public hearing if Arlington filed for an Amendment to the Order of Conditions. It was suggested that Arlington talk with DEP regarding the status of the appeal. The deadline for filing for an Amendment to be heard at the 1/2/01 meeting is December 13 Continued Hearing, 334 Waltham Street, K. Chan, single-family house 8.10 p.m. The Chans submitted a letter requesting that the hearing be continued to December 12 to allow time for more engineering information to be submitted. Therefore, it was moved, seconded and voted to continue the hearing to December 12. 1. MINUTES - LEXINGTON CONSERVATION COMMISSION 11/28/00 PAGE 2 F Ratification of Enforcement Order—Lexington High School - 201-438 It was moved, seconded and voted(Lisa Baci abstained)to ratify the Enforcement Order issued to the Lexington High School. Ms. Baci reported on the conditions at the School. It was decided that a hay bale line should be installed to prevent parking near the detention basin. She suggested another site visit in the near future. Ratification of Enforcement Order—Juniper Hill Conservation Land It was moved, seconded and voted to ratify the Enforcement Order issued to Raffi Yeghiayan, 188 Spring Street, for dumping and cutting on Juniper Hill Conservation land. Mr. Yeghiayan responded to the Enforcement Order in his letter of November 28, 2000, which states the removal will be accomplished on weekends within a month. (Mr. Wolk arrived at 8.15 p.m.) Site Visits for 12/12 meeting - 10 a.m., Saturday, December 9—Cotton Farm, 121 Marrett Road; then to 3 Stonewall Road. Commissioners Baci, Bitsko, Fallick, Frick, Hamilton, Miller and Wolk voted to go into Executive Session for the purpose of discussing land acquisition. The meeting resumed in open session. Continued DET #00-8, Lexington Christian Academy wetlands boundary 8.30 p.m. Dawn McKenna informed the meeting that Carol Batstone passed away recently She was a neighbor of LCA who attended all the meetings for the project. Mrs. Miller stated that Mrs. Batstone was pleasant to work with and will be missed. Present: Gregg Moore, LEC representative; Dylan James and Rick Waitt, Meridian Engineering; others are listed in the file. This meeting was continued from 11/14/00 to allow concerns of the abutters to be addressed Gregg Moore responded to the questions submitted by Paul Newman. The site was revisited by the consultant and Commission with regard to the Bank. Mr. Moore explained where the soil pits were dug and pointed out that in some cases vegetation was the major indicator. He reviewed the changes that were made at Flag 53A and 60 and the sites of the test pits which were dug with auger holes. He explained the methodology of the Eastern United States Regional Curve for Wetlands Streams for obtaining the mean annual high water for Reeds Brook which runs into the stream on the LCA property and distributed a chart illustrating his description. David Sperduto of Gunther Engineering represented the abutters. He questioned the soils at various locations, and Mr. Moore reviewed his findings. He questioned the methodology used by LEC to determine the mean high water mark. Mr Sperduto handed out an excerpt from 10.58(2)(a)2 regarding the characterization of the river reach which states the mean annual high water line will be the line represented by bank indicators. He illustrated how bank indicators MINUTES LEXINGTON CONSERVATION COMMISSION 11/28/00 PAGE 3 would apply to this project. He thinks the width of stream can be calculated with simple measurements in the field. Mr. Moore replied that the cross section using the Regional Curve is provided on the map. He said Mr. Sperduto's method would exaggerate the mean annual high water and would not be appropriate in this watershed area. It is patchwork and diffuse. He did think it is a sound hypothesis. Mr. Moore illustrated the cross section area using his method and found it to be somewhere around 12 s.f Adjustments can be made using the same chart and for change in slope. Mr. Waitt said the problem is being able to determine what the channel is in the field because it changes. Mr. Moore said the elevation of the scour marks across the site would be mirroring the 100-year flood line. Mr. Waitt said that the method that Mr. Sperduto brought up is a theory Mr. Moore said two of the components are already known(the depth and the width) and if they did the calculations for Mr. Sperduto's method, he believes the results would be the same for the cross section drainage areas. Mr. Waitt said he didn't think that even if this measurement were done, it would satisfy the issue with the abutters. He thinks that the abutters and the applicant/representatives must work together as a group. LCA hopes to construct a 5-foot path from the school to the property they acquired on Lowell Street, and to construct a driveway at#114 Lowell Street. The Commission agreed that good communication between LCA and the neighbors is extremely important, but is not in the jurisdiction of the Commission. Dean Romano of 124 Lowell Street said he had a pleasant informative meeting with Dr. Koops recently and that he believes the School has a moral obligation to meet with the neighbors. He is still confused why property adjacent to his hasn't been declared as wetlands because water reaches the back door at 118 Lowell Street. Mrs. Miller explained that wetlands are determined by soils and vegetation. Mrs. Carmody said that the area is a whole big wetland and asked how invasive the School is going to be. Mrs. Miller explained that the Commission is constrained by and responsible to act under the State Act and the local Wetland By-Law The Commission can only address the wetlands and drainage issues. There was a 15-minute recess to give the abutters time to talk and come to an agreement about meeting with the School to overcome the communications problem. The meeting resumed. Mr. Waitt announced that an agreement was reached and there is a common goal to improve communications. He will ask Dr. Koops to arrange a meeting with the neighbors. With Mr. Waitt's approval, it was moved, seconded and voted to continue the meeting to December 12 at 9.15 p.m. MINUTES LEXINGTON CONSERVATION COMMISSION 11/28/00 PAGE 4 ELECTION OF OFFICERS Joyce Miller was nominated to continue to serve as Chairman of the Conservation Commission. The nomination was seconded and it was unanimously voted to elect Joyce Miller as Chairman. Philip Hamilton was nominated to continue to serve as Vice-Chairman of the Conservation Commission. The nomination was seconded and it was unanimously voted to elect Philip Hamilton as Vice-Chairman. FARM LICENSES - Waltham Street Farm and Hayden Woods Farm Fields It was moved, seconded and unanimously voted to approve the Farm Licenses for Waltham Street and Hayden Woods Farm Fields for a period of three years each. The rental fees will remain the same: Waltham Street Farms will be $240/year for 8 acres of land and Hayden Woods will be $100/year for 2.6 acres of land. The meeting adjourned at 10.15 p.m. Respectfully submitted, Linda A. Gaudet Secretary L