HomeMy WebLinkAbout2017-05-01-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday, May 12017
6:30 P.M.
Hudson Room, Cary Hall
1605 Massachusetts Ave
Chair Philip Hamilton opened the meeting at 6:30pm in the Parker Room
Commissioners Present: Phil Hamilton, Alex Dohan, Kevin Beuttell, Duke Bitsko, Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30pm
Informal Hearing- Whipple Hill Stream Restoration
Dave Pavlik- Lexington Town Engineer and Denise Cameron- Woodard and Curran
Mr. Pavlik explained that the engineering department is in the early stages of planning a stream
restoration project at Whipple Hill. This site has been identified as a priority site by the Mystic
River Watershed Association.
Ms. Cameron stated that the first concern is to remove a stone embankment. The stone wall will
be removed and a 1:1 bank will replace it. She explained that they are proposing a 1:1 slope
because they are limited in space;part of the project is located on private property and they are
attempting to keep the project off the abutter's land. Ms. Cameron told the commission that they
are going to explore ways other than rip rap to stabilize the steep slope. She added that a
hydrological analysis was done in the area which determined that there would be downstream
flooding if they do not remove the stone headwall.
Additionally, Ms. Cameron explained that 500 ft. up the trail, a section of the trail is washed out.
As part of this project they are proposing to fix this section of the trail using a method known as
a"rock sandwich."
Questions and comments from the Commission:
The commission asked for clarification of where the stream outlets. Ms. Cameron stated that the
stream flows under Summer Street in Arlington.
The commission asked if the rock sandwich technique is the best method for the trail restoration.
Ms. Cameron stated they would be open to exploring the option of a well-built boardwalk if the
commission would prefer that.
The commission asked the applicant to provide some examples of where a 1:1 bank that was
bioengineered has been successful. Ms. Cameron said she would look into this.
The commission discussed how to define the area in which the trail work will take place. They
discussed whether the area is considered buffer zone, wetland, intermittent stream etc.
The commission asked for them to provide the commission with the amount of disturbance that
will take place in each area.
6:59pm
DET 17-6
RDA, 17 Ledgelawn Ave
Applicant: Chris Annino
Project: Retaining wall repairs
Chris Annino- 17 Ledgelawn Ave
Mr. Annino explained that he is proposing to replace in kind two sections of his retaining wall
that are falling down. The project is 100 ft. away from the stream in the yard.
Motion to issue a Negative Determination with conditions made by Mr. Wolk and seconded by
Mrs. Doha. Vote: 5-0 in favor.
7:02pm
DEP 201-1043, BL 1000
NOI, 98 East Street
Applicant/owner: Sean and Jennifer Kennedy
Project: New covered entryway, woodshed,patio, and sports court
Rich Kirby- LEC Environmental, Sean and Jennifer Kennedy-homeowners
Mr. Kirby explained that since the last meeting they have reviewed the plans and created an
alternatives analysis with three scenarios. They have revised the plan to reflect the changes in
alternative three. This keeps the sports court and patio outside of the 50 ft. River front buffer.
They have also increased the size of the restoration area to 5,000 sq. ft.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in
favor.
Pendine Continued
7:10pm
Informal Hearing- 65 Cary Ave
Japing Jong, 65 Cary Ave
Mr. Jong explained that the wetlands are very close to his house, but he would like to do some
kind of addition. He has gotten the wetlands delineated and provided the commission with some
ideas of projects. The options include an addition in the rear, an open deck in the rear, and a
enlarged covered entry.
Questions and comments from the commission:
The commission stated that this area is known to have high ground water and he should have an
engineer do some test pits.
The commission stated that the deck is closer to the wetlands than the existing home which is not
ideal in their opinion.
The commission stated that it was good that there would be an overall reduction in impervious
surface because of the driveway being removed.
7:22pm
Informal Hearing- 44 Adams Street
John Farrington- Attorney, Mark Barons- Owner
Mr. Farrington explained that Mr. Barons recently bought a home that has a Conservation
Restriction on the property. They are asking the commission for a temporary easement on the
Conservation Restriction so that they can build a new home, sited along the edge of the
conservation restriction.
Mr. Farrington also told the commission that they are proposing to do some trail maintenance to
the Chiesa Farm Conservation Land as mitigation.
Questions and comments from the Commission:
The commission stated that even if they did grant a temporary easement for construction, in the
future the applicant will need an additional easement to maintain the home.
Mr. Barons explained that they can move the house further off of the Conservation Restriction,
but the home will then block the view of the historic barn on site. The commission explained that
protecting the Conservation Restriction is their primary priority.
7:38pm
Discuss 2017 Town Paving Program
Ms. Mullins explained that the town is beginning to do their spring paving. The Engineering
department has identified areas that are within the jurisdiction of the Commission and have
proposed erosion controls in those areas.
The commission stated that they were very pleased with the advance notice of the proposal.
7:40pm
Approve insignificant plan changes at: 99 Hancock Street, Diamond School, DEP 201-1013, BL
970
MS. Mullins stated that as the work has been on going at the Diamond School, the engineer
discovered an inlet that they were not aware of. The applicant has proposed a solution to this
problem that the Engineering Department has approved.
Motion to approve the insignificant plan change made by Mr. Wolk and seconded by Mr. Dohan.
Vote: 5-0 in favor.
7:42pm
Approve insignificant plan changes at: 29 Fairlawn Lane, DEP 201-1016, BL 973
Fred Russell-project engineer
Mr. Russell stated that the applicant is proposing three plan changes. The first is increasing the
size of the turnaround area on the driveway using permeable pavers. The second is to increase
the size of the house slightly in the front of the house. He explained that this work was already
completed, but that it did not increase the impervious surface because it was increased in the area
where overhangs were proposed. The third change has also been completed already. It is to add
an impervious patio under the deck where a door opens.
Questions and comments from the Commission:
Some of the Commissioners were having trouble understanding why the applicant did not come
to them for the changes before they were made. Mr. Russell stated that there was some confusion
about the process and that the work was not done maliciously.
Some of the commissioners stated that they do not understand why they were not informed about
the changes before they were done, but felt they were things that they would have approved
initially or through a plan change.
Motion to approve an insignificant plan change made by Mr. Beuttell and seconded by Mrs.
Dohan. Vote: 3-2 in favor with Mr. Wolk and Mr. Beuttell voting against.
7:55pm
Approve insignificant plan changes at: 132 Marrett Rd, DET 17-5
Ms. Mullins explained that the applicant wishes to add a new door access to the pool from the
home.
Motion to approve the insignificant plan change made by Mr. Wolk and seconded by Mr.
Beuttell. Vote: 5-0 in favor.
7:56pm
Approve insignificant plan changes at: 24 Constitution Road, DEP 201-1052, BL 1009
Ms. Mullins explained that this will be on the next agenda to discuss.
7:57pm
Issue Certificates of Compliance- 8 Lake Street, DEP 201-1009, BL 966
Rob Burge- Lexington Development Group and Fred Russell-Project Engineer
Mr. Russell explained that Ms. Mullins told them of some problems with the As-built plan for 8
Lake Street. The major issue, Mr. Russell stated, was that the infiltration system was built one
foot lower than proposed and now does not meet the condition of two feet of separation with
groundwater. He explained that he is going to do a mounding analysis to show that the two feet
of separation is not needed for this system to work properly. He stated that he is asking the
commission to give Ms. Mullins permission to sign off on the Certificate of Occupancy once the
mounding analysis is provided.
Questions and comments from the Commission:
The commission stated that this is a major concern for them because the project is not in full
compliance with their permit. The commission wants to know why the system was constructed
this way. Mr. Russell explained that they did not do this intentionally and they were not aware of
the problem until they did the survey.
The commission discussed whether they have ever approved a project with less than two feet of
separation between the infiltration system and the ground water. They could only remember one
circumstance.
The Commission asked for more details regarding the mounding test.
The Commission asked for clarification regarding another issue with the plan- the trench drain
being lower than proposed. Mr. Russell explained that this is not an issue because the level of the
100 yr. storm is lower than the trench drain.
The majority of the Commission stated that they are comfortable with Ms. Mullins releasing the
Certificate of Occupancy if the Engineering Department is ok with the results of the Mounding
Analysis.
8:12pm
Issue Order of Conditions: DEP 201-1055, BL 1012, NOI, Pleasant Street
Motion to Issue the Order of Conditions made by Mrs. Dohan and seconded by Mr. Beuttell.
Vote: 5-0 in favor.
8:13pm
Cotting School, Concord Ave (M. 11. P. 33) Enforcement Update
Ms. Mullins explained that the Cotting School did have a wetland delineation, but it was not
approved by the Conservation Commission. She stated that the Cotting School wants to keep all
of their work outside of the 100ft. buffer, but they began work without approval from the
Commission. The School was instructed to stop all work by Mr. McCarron, but it appears that
work has continued since they were instructed to stop. Ms. Mullins has since met with the
representatives of the School and advised them to file an ANRAD. The commission agreed that
this was the appropriate next step.
8:27pm
Approve minutes: 4/4/17
Motion to approve minutes made by Mrs. Dohan and seconded by Mr. Wolk Vote: 5-0 in favor.
Approve minutes: 4/18/17
Motion to approve minutes made by Mrs. Dohan and seconded by Mr. Wolk Vote: 5-0 in favor.
8:30pm
Schedule Site Visits for the 5/15/17 meeting
Site visits were scheduled for Saturday 5/13/2017 at 9:30am.
8:31pm
Steep Slope Performance Standards Regulation Discussion
The commission discussed the goals of this regulation and discussed what standards would
trigger the regulations. The commission worked on creating an outline that will be used to make
decisions. They are going to consider run off coefficient, depth to bedrock, soil types, vegetation,
erosion potential, and distance to wetlands.
8:51pm
Motion to adjourn made by Mr. Wolk and seconded by Mrs. Dohan. Vote: 5-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 5/30/2017