HomeMy WebLinkAbout2000-12-12-CONCOM-min.pdf MINUTES LEXINGTON CONSERVATION COMMISSION DECEMBER 12,2000
Present: Lisa Baci, Duke Bitsko, Bebe Fallick, Angela Frick, Philip Hamilton and Joyce Miller.
Absent: Richard Wolk.
Others present: Karen Mullins (first meeting as Administrator); Marilyn Nordby (arrived at 10
p.m.) and Linda Gaudet.
Chairman Miller called the meeting to order at 7.45 p.m. in Room G-15, Town Office Building.
DET #00-9 COTTON FARM. 121 Marrett Road. Wetlands Boundary 7.45 p.m.
Present: Todd Cataldo, applicant; Aim Marton, LEC Environmental Consultants. Others are
listed in the file.
Ms. Marton presented the plan for the wetlands delineation of the Cotton Farm on Marrett Road.
The Commission agreed with the flagging at their recent site visit. An intermittent stream
borders the property The wetlands were determined by both vegetation and soils.
The Commission had no questions. It was moved, seconded, and unanimously voted (6-0)to
approve the wetland line as detailed on the plan.
Certificate of Compliance. 5 Brent Road 201-449
It was moved, seconded and voted (6-0) to issue a Certificate of Compliance for 5 Brent Road.
Commissioners Baci, Bitsko, Fallick, Frick, Hamilton and Miller voted by roll call vote to go
into Executive Session at 7:55 p.m. for the purpose of approving minutes.
The meeting resumed in open session at 7:58 p.m.
Butes - Tt was moved_ seconded and voted (6-Q1 to approve the minutes of November 14_
2000, as amended. It was moved, seconded and voted (6-0)to approve the minutes of November
28, 2000, as amended. It was moved, seconded and voted (6-0) to approve the minutes of
December 5, 2000, as submitted.
Site Visits for January 2. 2001 Meetine - Saturday, December 16. 33 Banks Avenue— 10 a.m.,
201 Waltham Street— 10:30 a.m., Hanscom (Bldg. 1216)— 11 a.m.
HEARING. 359 NO EMERSON ROAD I. Macey Garaee 8.10 p.m.
Present: Gregg Moore, LEC Environmental Consultants. (Mr. Moore explained that the
applicants were away and unable to attend.)
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MINUTES LEXINGTON CONSERVATION COMMISSION 12/12/00 PAGE 2
Mr. Moore presented the plans for the construction of a two-car garage with associated
enlargement of the existing driveway and a 4-foot wide walking path within the buffer zone to
BVW The garage with a minor extension of the existing driveway will result in an additional
1,042 s.f. of impervious surface. The wetlands flagging was revised in the field at the
Commission's site walk and the plan has been revised to reflect this change. The applicant
obtained a variance from the Board of Appeals for the proposed garage setbacks in order to
provide the maximum buffer between the Bordering Vegetated Wetland(BVW) and the
proposed garage. The garage, at its closest point, will be 35 feet from the BVW while the
existing house, at its closest point, is 22 feet from the BVW Roof runoff from the proposed
garage will be directed through roof drains to a leaching facility installed beneath the proposed
garage. This infiltration system will collect the increase in the rate of stormwater runoff from the
additional impervious surfaces and infiltrate it on-site.
Responses to Commissioners' questions followed. The slight extension of the driveway is the
result of the zoning requirements. With regard to the landscaping, Mr. Moore said there is a
thick wall of rhododendrons, flowering dogwood trees and pines in front. He stated that quality
plants could be planted that would provide extra protection. The Commission will require a
natural buffer along the wetland line. Approval of a landscaping plan will be a requirement in
the Order of Conditions. The existing shrubs should be shown on this plan.
Mrs. Miller read the Engineering report from Tom Hayes, P.E., stating that the design was
prepared using standard and accepted engineering practice, and that he concurs with the
engineer's methods and conclusions.
It was moved, seconded and unanimously voted (6-0) to close the hearing. Mr. Moore agreed to
allow an extension of issuing the Order of Conditions until January 9, 2001
Cont'd. HearinE. 334 Waltham Street - 201-480 8.30 p.m.
Mrs. Miller read a letter dated 12/8/00 from Ching Chan,the applicant, requesting that the
hearing be continued to January 16, 2001 It was moved, seconded and voted(6-0)to continue
the hearing to January 16, 2001, at 8.30 p.m.
Near 334 Waltham Street - Mrs. Frick reported that she is concerned about truck loads of fill
being placed off Waltham Street, near the Chan's property Ms. Mullins will investigate this
matter.
Tree Committee - Mrs. Fallick reported that there are two possible bylaw changes to be
proposed at Town Meeting.
Senior Center - Mrs. Fallick summarized the proposals for the Senior Center to date.
Town Warrant - Mrs. Miller reported that the Community Preservation Act will not be placed
on the Warrant by the Selectmen. Mrs. Miller will talk to Town Counsel about including this as
part of a report under Article 2.
MINUTES LEXINGTON CONSERVATION COMMISSION 12/12/00 PAGE 3
HEARING. 3 STONEWALL ROAD L. Kohler. addition 8:50 p.m.
Present: Larry and Paige Kohler, applicants; David Crispin, BSC, others are listed in the file.
Mr. Kohler presented the plan for an addition to a single-family house at 3 Stonewall Road. The
plan was revised on 12/7/00 to show that the addition design includes a foundation wall at 42
feet from the BVW and a 5-foot cantilevered section at 36 feet from the BVW at the closest
point. The sunroom (244 s.f) will replace the concrete patio (400 s.f.). The proposed addition
will be built on the grassed yard and will not extend beyond the 36-foot buffer zone that
currently exists at the closest point between the rear of the existing house and the BVW The
landscaping will not change, but a pine tree may be lost due to construction. The roof drains will
be connected to an infiltrator system located to the rear of the proposed addition. There will be
no increase in runoff. A catch basin will be installed in the new proposed driveway to capture
the new driveway runoff and direct it to an infiltrator system located off the edge of pavement.
The carport will remain. The increase in impervious surface is 800-1000 s.f of driveway, 1200
s.f of roof and 920 s.f. of pavement. The leaching system is sized to recharge the net increase.
To date, test pits have not been dug.
Responses to questions from the Commission followed. Mr. Crispin thought that the pipe seen
by Mrs. Miller in the southeastern corner of the property was a storm drain for the Stonewall
Road stormwater runoff. He will try to find out more about it. The total increase of impervious
area is approximately 3200 s.f. The closest distance between the existing house and the BVW is
36 feet. The existing carport is about 20 feet from the BVW Mrs. Frick is concerned because of
the extensive flooding in the surrounding area, and she is concerned about the impact of
constructing additional structures close to the BVW Ms. Baci stated that there may be a conflict
with the interpretation of the bylaw regulations. Pursuant to the Bylaw Rules Performance
Standards Section 5(5)(B) Buffer Zone-Existing Structures, properties presently not in
compliance with the setbacks for new construction will not be permitted to increase their degree
of non-conformance. Due to the location of the BVW, there are actually two buffer zones
associated with the BVW and the existing house. To the south, there is a 36-foot buffer at the
closest point between the house and the BVW, however,to the east,there is a 62-foot buffer at
the closest point between the house and the BVW To the south, the new proposed sunroom will
he 32 feet from the BVW at its closest point andiatheeast,the new proposed addition will he 16
feet from the BVW at its closest point. Mr. Crispin said the pre and post runoff volumes will not
change. The Commission is concerned about future homeowners' activities: Future owners may
want more lawn area around the house and additional structures beyond what the Kohler's
propose. Mr. Kohler said the landscaping will stay exactly as it is now and that any future owner
would have to come to the Commission for a change. Mrs. Miller said the problem is assuring
that future owners won't change it; the land must be protected. The Commission is always
concerned that future homeowners will encroach when additions are built so close to the
wetlands. This area has been severely impacted by development. Mr. Kohler said he is building
a structure no closer than the existing structure and this plan was developed to conform with the
Bylaw as written. Mr. Hamilton said that because of the configuration of the wetland line, it
looks like there are two buffer zones. The buffer to the south is 36-feet between the existing
house and the BVW, however, the buffer to the east is greater and is 62-feet. Mrs. Miller said
the wetlands were not delineated at the front of the house. Mr. Crispin said the topsoil is humus
MINUTES LEXINGTON CONSERVATION COMMISSION 12/12/00 PAGE 4
and when he flagged the line, he didn't think that area was a wetland. Results of the test pits
should be submitted as soon as possible. The Commission is concerned about the interpretation
of the regulations. They are looking at all the factors being proposed. This hearing must be
continued for submittal of requested information, exact impervious surface being added; the
percentage of buffer zone being disturbed; test pit data; existing and proposed elevations-
topography; and location of pipe outlet and the direction of the flow from the pipe. When asked
about the amount of fill required, Mr. Kohler said only an insignificant amount of fill will be
needed for the proposed driveway
Deborah Kassman, 5 Stonewall Road, stated she is concerned about the project because of the
flooding problems in the area. A large portion of her property is underwater.
With the applicant's permission, it was moved, seconded and voted (6-0) to continue the hearing
to January 2, 2001, at 9 p.m.
Cont'd. DET #00-8—LEXINGTON CHRISTIAN ACADEMY wetlands boundary 9:25 n.m.
Present: Gregg Moore, LEC Environmental Consultants; Richard Waitt, Meridian Engineering.
Others are listed in the file.
Mr. Waitt stated that he had a site walk with David Sperduto and Paul Newman. They reviewed
the areas along the bank in the field. The plan in the area of the brook has not been revised from
the original data submitted. They also checked the orchard area (flag 60) and there was
agreement of the wetland line there. When checking the area at Flag 53 near Arcola Street, Mr.
Waitt moved the flag 12 feet upland and added a new flag 53AA. This is the only change to the
plan and he feels quite confident about this flagging.
Mr. Sperduto of Gunther Engineering,who represents the abutters, said he thought the distance
along the bank was a greater distance, but compromised to agree with the 13 '/2 feet. Mr.
Sperduto said that he agreed with the change at flag 53 in the field,but he has had second
thoughts and asked that the Commission have a third party verify the soils in that area. Mrs.
Miller said the site visit had been arranged to resolve differences of opinion. She assumed that
had happened.
Ms. McKenna, along with the abutters, is concerned about possible school expansions in this
area. Mr. Waitt explained to them that the wetlands at flags 47 through 53 would not affect the
School's ability to expand the building. Ms. Baci further explained that the wetlands at flags 47
through 53 affect adjacent properties not under school ownership. If the wetlands line was
moved in this area, it would affect adjacent homeowners and restrict them from expanding on
their property Mr. Waitt stated the sole purpose for having the wetlands delineated under this
proposal is for the possible construction of a footpath leading to the houses on Lowell Street.
It was moved, seconded and unanimously voted (6-0)to approve the wetland line as amended
and as shown on the latest plan dated 12/11/00.
MINUTES LEXINGTON CONSERVATION COMMISSION 12/12/00 PAGE 5
ORDERS OF CONDITIONS —WINNING FARM - 201-441 TO 445
Commissioners allowed to vote on this project are Lisa Baci,Angela Frick, Philip Hamilton and
Joyce Miller. The Commission reviewed and edited the drafted Order of Conditions for each of
the five Notices of Intent. It was moved, seconded and voted(4-0) to issue a denial under the
Act and the Bylaw for the Right-of-Way, Winning Farm project, off Blueberry Lane. It was
moved, seconded and voted(4-0)to issue a denial under the Act and the Bylaw for Lot 1,
Winning Farm project. It was moved, seconded and voted (4-0)to issue a denial under the Act
and the Bylaw for Lot 2, Winning Farm project. It was moved, seconded and voted (4-0)to
issue a denial under the Act and the Bylaw for Lot 3, Winning Farm project. It was moved,
seconded and voted(4-0) to issue a denial under the Act and the Bylaw for Lot 4, Winning Farm
project.
The meeting adjourned at 11.30 p.m.
Respectfully submitted,
Linda A. Gaudet
Secretary