HomeMy WebLinkAbout2017-05-30-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Tuesday May 30, 2017
6:30 P.M.
Parker Room, Town Office Building
1625 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,
David Langseth, Ruth Ladd
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30pm
Review Restrictive Covenant for 435-439 Lincoln Street to determine compliance with Order of
Conditions requiring a Conservation Restriction
This will be taken up later in the meeting.
6:32pm
Request for Insignificant Plan Change at 60 Hartwell Ave, DEP 201-1005, BL 962
Steve Wiehe, Weston and Sampson Engineering
Mr. Weihe explained that they are proposing to change the location of the level spreader. He
stated that they already have an existing trench open so it makes sense for them to follow that
trench.
Questions and comments from the Commission:
The commission asked for clarification regarding the rationale for this change. Mr. Wiehe stated
that it is a matter of convenience since the trench is already open. It will follow the grade in that
area.
The commission asked for clarification regarding how far the level spreader will extend. Mr.
Wiehe explained that it will extend 40 feet.
The commission asked for clarification regarding the stormwater calculations for the gutters. Mr.
Wiehe said he would follow up with that information.
The commission asked for clarification regarding a pipe on the back of the pad that was not
labelled. Mr. Wiehe said he would follow up with that information.
The commission told the applicant that the site was not yet stabilized.
The applicant will come back with more information on 6/12/2017.
6:49pm
Issue Certificates of Compliance: 8 Milk Street, DEP 201-1028, BL 986
Motion to issue the Certificate of Compliance made by Mr. Wolk and seconded by Mr. Langseth.
Vote: 7-0 in favor.
6:50pm
Approve restoration plan for 95 Hayden Ave, DET 17-3
This will be discussed later in the meeting.
6:50pm
Approve minutes: 5/1/2017, 5/15/2017
Motion to approve the minutes of 5/1/17 made by Mr. Wolk and seconded by Mr. Langseth.
Vote: 7-0 in favor.
Motion to approve the minutes of 5/15/17 made by Mrs. Dohan and seconded by Mr. Beuttell.
Vote: 7-0 in favor.
6:51pm
Mr. Hamilton introduced the new member of the Commission, Ruth Ladd.
6:51pm
Schedule Site Visits for the 6/12/17 meeting
The site visits were scheduled for 6/10/17 at 9am.
6:54pm
There were no new reports.
6:54pm
Arts Senior Living Project: Request to extend Order of Conditions (OOC, 201-938, BL 897) for
three years (June 2017 to June 2020)
Motion to extend the Order of Conditions for three years made by Mr. Wolk and seconded by
Mr. Langseth. Vote: 7-0 in favor.
6:58pm
DET 17-12
RDA, Cataldo Reservation
Applicant: Lexington Conservation Stewards
Owner: Town of Lexington
Representative: Holly Samuels
Project: Invasive species removal and replanting of native species
Holly Samuels, Landscape Architect
Ms. Samuels explained that she has been working with the Conservation Stewards and the
Invasive Species Task Force about doing a project along the Cataldo Reservation involving
removing invasive species and planting native plants. She is focusing her efforts on a 100 yard
strip along the walking path. They will be targeting specific invasive species and plant native
species in clusters. This project will be used as a model for invasive species removal around
town.
Questions and comments from the commission:
The commission requested that she make this information available to other local groups
engaged in removing invasive species. Ms. Samuels stated that she will make this information
public.
The commission asked if she is removing roots. She explained that she is only removing the
roots above the bank. The plants on the bank will just be trimmed.
The commission stated that the plants along the trail will need to be resilient since people often
walk off trail.
Motion to issue a Negative Determination with Conditions made by Mrs. Dohan and seconded
by Mr. Wolk Vote: 7-0 in favor.
7:07pm
DET 17-13
RDA, 40 North Street
Applicant/Owner: Daniela Rohne-Garlapati
Project: Utility work and additional pavement
Daniela Rohne-Garlapati, Homeowner
Ms. Garlapati explained she is in the midst of a home addition project that was outside of the
buffer, but they now need to do some utility work within the buffer zone. She explained that a
trench will need to be dug to bring in the electrical service. She stated that they also may be
adding some additional driveway area.
Questions and comments from the commission:
The commission stated that the plans for the driveway are unclear. Ms. Garlapati explained that
she will come back with a more detailed plan.
The commission discussed whether the whole project is now under their jurisdiction. The
commission decided that if the driveway is to be expanded, that would bring the entire project
under their jurisdiction.
Motion to continue the hearing to 6/12/2017 at the applicant's request made by Mr. Beuttell and
seconded by Mr. Langseth. Vote: 7-0 in favor.
7:29pm
DEP 201-1047, BL 1004
AOOC, 180 East Emerson
Applicant/owner: Jan Bultman
Project: Modification to approved plan
Rich Kirby- LEC Environmental, Jan Bultman and Elizabeth Goodwin-homeowners
Mr. Kirby explained that since they received the Order of Conditions, the architect has reviewed
the project and has determined that it will be easier to demo the house down to the foundation
rather than renovate the existing house. The scope of the work has not changed much and they
have worked with the engineer to ensure that the new work is mitigated for. A new infiltration
system is proposed.
Questions and comments from the Commission:
The commission stated that they were concerned about basement flooding because of the
location of the infiltration system. They stated that they are also concerned about potential
flooding of the neighbors if the system was moved. Mr. Kirby stated that he will talk with the
engineer.
Motion to continue the hearing to 6/12/2017 at the applicant's request made by Mr. Beuttell and
seconded by Mr. Langseth. Vote: 7-0 in favor.
7:42pm
DEP 201-1059, BL 1016
ANRAD, 453 and 489 Concord Ave
Applicant/Owner: The Cotting School
Project: Resource Area Delineation
Alyssa Jacobs- Epsilon Associates
Ms. Jacobs explained that Epsilon submitted an ANRAD for several parcels owned by the
Cotting School. At the site walk on Saturday, one flag location was moved.
Questions and comments from the Commission:
The commission stated that they also wanted to see the stream channel connected to the BVW.
Ms. Jacobs stated she will have the surveyor make that change.
The commission stated that they will need the updated plan before issuing the Order.
The commission asked if there were any improvements to the gravel walkway. MS. Jacobs stated
that it is an existing pathway with no changes.
Motion to continue the hearing to 6/12/17 at the applicant's request made by Mr. Wolk and
seconded by Mr. Langseth. Vote: 7-0 in favor.
7:51pm
DEP 201-XXXX, BL XXXX
NOI, 420/430 Bedford Street
Applicant: Leslie Knowles, Boston Properties
Owner: Elandzee Trust c/o Boston Properties
Project: Parking Lot Improvements
Chris Thompson- BSC Group
Mr. Thompson explained that this site has two existing office buildings on it. They are proposing
to mill and repave the existing parking lot. They are proposing to do some stormwater upkeep
such as cleaning out the catch basins. They will be meeting the DEP standards as a
redevelopment project.
Questions and comments from the Commission:
The commission stated that they understand the site is very constrained, but they would like to
see an effort to bring the project into compliance.
The commission asked if there were any conditions regarding maintenance from when the
building was constructed in the 80s. Mr. Thompson said he would look into this.
The commission asked the applicant to research options for bringing the site more into
compliance than it currently is.
The commission asked for details regarding the snow storage plan as well as the O and M plan
for the oil pillows.
The commission asked for more details regarding how the work will be done and the timeline.
The commission stated that they will need an as-built for the project to ensure that there was no
filling in the floodzone.
Motion to continue the hearing to 6/26/2017 at the applicant's request made by Mr. Wolk and
seconded by Ms. Ladd. Vote: 7-0 in favor.
8:17pm
Continued Meetings/Hearings
DET 17-9
RDA, 19 Baskin Road
Owner/applicant: Nick Yang
Project: Home addition
Motion to continue the hearing to 6/12/17 at the applicant's request made by Mr. Wolk and
seconded by Mrs. Dohan. Vote: 7-0 in favor.
DET 17-10
RDA, 27-31 Mass Ave
Owner/applicant: Mass Ave Realty Trust
Project: Site improvements including paving expansion and retaining walls
Motion to issue a Negative Determination with conditions made by Mrs. Dohan and seconded by
Mr. Wolk Vote: 7-0 in favor.
8:20pm
DET 17-11
RDA, 191 Spring Street
Owner/applicant: 191 Spring Street Trust
Project: Site improvements including loading dock relocation and patio addition
Motion to continue the hearing to Mrs. Dohan and seconded by Mr. Wolk Vote: 7-0 in favor.
8:21pm
DEP 201-XXXX, BL XXXX
NOI, 758 Marrett Road
Owner/Applicant: Minuteman Vocational Regional and Technical High School
Project: Raze and rebuild of existing school building and associated site work
Motion to continue the hearing to 6/12/2017 at the applicant's request made by Mr. Wolk and
seconded by Mr. Beuttell. Vote: 7-0 in favor.
8:22pm
DEP 201-1022, BL 979
NOI, 138 Laconia Street
Owner/Applicant: DEBCO Properties, David Burns
Project: New Single Family Home
Motion to continue the hearing to 10/2/17 at the applicant's request made by Mr. Wolk and
seconded by Ms. Ladd. Vote: 7-0 in favor.
8:23pm
Review Restrictive Covenant for 435-439 Lincoln Street to determine compliance with Order of
Conditions requiring a Conservation Restriction
Michael Rosen- Attorney for North Shore Residential Development
Mr. Rosen explained that his client is looking to ask the commission for a change in the language
of the Order of Conditions. His client is proposing a restrictive covenant rather than a
Conservation Restriction. He explained a restrictive covenant is just between the Commission
and the applicant rather than with the state as a third party.
Ms. Mullins explained that she has talked with Town Counsel about this option and he has
agreed that the Restrictive Covenant should be sufficient for the Commission's purposes. Town
Counsel stated the Commission should add an ongoing condition regarding the perpetuity of the
restriction. Mr. Rosen agreed to this.
The commission stated that North Shore Residential Development should file an Amendment to
the Order of Conditions to request this change.
8:29pm
DEP 201-1057, BL 1014
NOI, Old Mill Road
Owner: North Shore Residential Development and City of Cambridge
Applicant: North Shore Residential Development
Project: Improve an existing trail
Michael Rosen- attorney, Rich Kirby- LEC Environmental, Jack Sullivan-project engineer
Mr. Rosen explained that multiple memos have gone back and forth between his office and the
City of Cambridge. He explained that there is a property dispute between North Shore and the
City of Cambridge. Mr. Rosen went onto explain in more the detail why he believes North Shore
has rights to develop the trail on the paper trail. Mr. Sean McKendry, a lawyer for the City of
Cambridge, explained the City's point of view.
Mr. Hamilton explained that it is not the Conservation Commission's position to determine
whether a party has property rights. The commission just needs to be persuaded that a party has a
colorable claim to develop the project. The commission will check with Town Counsel to ensure
that North Shore's claim is sufficient to enable the Commission to permit the project. The
issuance of the permit does not affect the underlying property rights. The two parties will have to
seek a determination of the property rights in another forum.
Mr. Kirby then proceeded to explain the details of the project itself. He stated that the trail will
extend beyond Hobbs Brook and meet up with a trail in Lincoln. They will revise the plan to
show the flood elevation. The trail will be surfaced with woodchips and there will be a bridge
crossing over Hobbs Brook.
Questions and comments from the Commission:
The Commission asked for details about how the bridge will be brought into the site. Mr. Kirby
explained that bridge will be built on site.
The commission asked for details regarding how the stream will be protected during
construction. Mr. Kirby stated that there will be erosion controls in place and they have a
dewatering plan. They will be doing the construction during the low flow season. Mr. Lopez
stated that his crew will also be conscious of weather. He added that there will be no bank
disturbance.
The commission discussed who will be responsible for maintaining the trail. Mr. Lopez stated
the Condo Association will have a fund to maintain the trail. There are no specific details about
what this entails however.
The commission asked for more details regarding the temporary stream crossing.
Motion to continue the hearing to 6/12/17 at the applicant's request made by Mr. Wolk and
seconded by Mr. Beuttell. Vote: 7-0 in favor.
9:09pm
Pending Continued
Steep Slope Regulations
The commission continued their discussion regarding the potential steep slope discussion. The
commission is going to work on editing their proposed regulations. The commission is also
going to do some research into how common a steep slope into a wetland is in town.
9:54pm
Approve restoration plan for 95 Hayden Ave, DET 17-3
Motion to approve the planting plan made by Mr. Wolk and seconded by Mr. Langseth. Vote: 7-
0 in favor.
9:56pm
Motion to adjourn made by Mr. Langseth and seconded by Mr. Beuttell. Vote: 7-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 6/26/2017