Loading...
HomeMy WebLinkAbout1972-05-08-CONCOM-min.pdf u %,. to .b cox,CC Isi041;;44 ows oflexington, massachusetts. !d4. t' 00N av ON, .COMMIS$ION MINUTES. of Commission- meeting of May 8, 1972. AM I The Conservation Commission of the Town of Lexington, Massa- chusetts held its regular meeting scheduled to be held at 7 45 p.m. in the Legion Room of Cary Hall in the Town of Lexington, Massachusettsat the ,place, 'hour and date duly established for the Bolding 'of such meeting. -The- Chairman called the meeting to order at 7:55 p.m. , with l the following Commission members present Dr. Howard M. Kassler, ¢% @haarman, Norman P. Cohen, Mrs. Wendy S. Pease, Mrs. Margaret ' F, lavls, 444 the following absent Mrs. Angela E. Frick. Others < f= w present were Dr. Friedman, Mrs. Solomon, Robert Bradley of _ "^. k Drummey, Rgsane and Anderson; Paula Alden and Warren Roberts. The Chairman declared a quorum present. Titelbaum. The .Commission received a letter from the Board of Appeals informing that Dr. Titelbaum has applied for a variance in order to subdivide his remaining land into two house lots, one for another house to be built closer to Concord Avenue. The Board of Appeals asked for the Commission' s opinion. Agreed that the Commission should not take an official stand. However, several members expressed reservations about possible impairment of view. Proposed Excavation Near Clarke Junior High School, (This dis- cussion began when Robert Whitman of the Permanent Building Com- mittee arrived. ) The Department of Natural Resources, in their permit to fill issued over a year ago, required that there be provided an on-site water-storage area to replace the waterholding removed when land was filled for playing fields. According to Mr. Whitman, this work was not in the original specifications for the building and would be a "contingency" expense. a First plans called fol./water-holding basin to be located near the northeast corner of the school, on school property. But now, it has been discovered, it might be cheaper and easier if the ex- cavation were to be located on the north side of the Clematis Brook, slightly to the east - on conservation land (Swenson Farm) . Heavy equipment could then come in from Marrett Road over the playing field area ("supercharged" peat) . Excavating in the originally- planned area would require that the equipment would have to cross the brook (now paved with flat stones for maintenance ease) and approach less closely due to peat. DNR has required that the overflow basin be dug to the 204-foot elevation, or about 720*cubic yards must be removed (30,000 square feet to an average depth of 22 feet) . The brook bottom in that area is at 202. 9 elevation. Twelve feet from the brook on the northerly side runs a 24" sewer main sheathed in wood at eleva- tion 194 feet. 1.Le, Commission asked about costs of the two plans. Mr. Whitman said *Dr Manfred Friedman later calculated that this figure should read "2700 cubic yards" a1 Con$e;. ° ftigm. m asiOn Minutes 5/8/72 Page 2 the contractor had gives a rough figure of $20,:000 to 030,000. Commission asked 'if' hayi g the pond in Conservation land on the -- same side of the brook% the sewer line Would cause trouble. oft Mr. Whitman said he did not thihk so, due to the depth of sewer ot and the fact that the stream would have to rise a foot or two above its present high level in order to flood the excavation. .Commission asked about responsibility and liability if the ex- cavation should be in conservation. land. hey also pointed out �� that such. an alteration would require permission of DNR and HUD, �, R ' whose reimbursement arrangements limit use of the land. Ques- k; ; . tiona also arose about affect upon state school building assist- ance: and, :what the contract would do with the excavated peat. (Au - iger4 '"Aedistribute it on site. " ) 44 ' Upon request of the Commission, Mr. Whitman said he would ob- -. ILtain more accurate estimates from the contractor in 2 or 3 weeks. He said that the Commission would also have to participate in Hatch Act procedures over this project, since the original per- mit had expired. Messrs. Bradley, Whitman and Roberts departed at the end of this discussion. Applications - Federal. Mrs. Greene said that she had received material from Mr. Brown late last week and found work to be done on three of them OSA-51 Whipple Hill. Application must be made for additional funds under existing contract and a new application must be made for additional funds for 50% reimbursement for eminent domain settlement and expenses above pro tanto payment to Hamilton, etc. , for which partial 50% reimbursement had already been received. Mrs. Greene said that she was re- questing additional information on the Town' s payments through the Selectmen' s office. When the full amounts are known, the Commission will have to pass a resolution to submit an application to HUD. A copy of the court order will also be needed, OSL-MA-Ol-06-1004 (Drummer Boy, Wilson, Frissore and Soule) Contract must be executed. Upon advice of Mr. Cohen, Com- mission took steps to do this later in the meeting (and Minutes, in the first two and concluding paragraphs were so worded to conform with HUD requirements for this execution. ) OSL-MA-01-06-1019 (Titelbaum, BallOu, Cooke) . Some time ago Mr. Brown had supplies additional information on this over the telephone so that it had been "rated" by MUD, and, as the Secretary learned from Philip Rosenberg of HUD, had not passed. HUD now gives preference to communities which have less than 2.5 acres per 1,000 population, contain high density low-cost housing, and have received little or no HUD assistance in the past. Thus this application will be rejected, and there is little hope that any further funds will be available from this source. Mr. Rosenberg had re- commended applying to BOB of Dept. of Interior. x.. z" 46„,„ b` ser%t�ra G ab •Minutes 5/8/72 Page r Application for 1®� 2 ,Arti.cles initia_l, •Steps have been taken for .applicaon;;to dither HUD' or BOB, with the sending of letters 'f notif ication to MAPC and Office of Planning and Coordita,tion. ,r In. General. The Commission was Advised tb send a letter to HUD, informing them that Dr. Kassler has been elected the new Chairmazi and ,is empowered to act on their behalf on applicataons. Secretary was instructed by the Commission to send this letter. Zavan and Learninc Centers. Mr. Cohen had been in touch with . Town 'Counsel. about this. Mrs. Bawls reported that L&L wish to put the conservation restriction in the deed. Mrs. Bawls will 3. see that the. Commission obtains a photocopy of all deeds and " 4;tit sq plans concerned so the Town Counsel can work on this. Hill-Meek Land. Town Counsel needs a better plan for recording purposes. Mr. Cohen will see about either obtaining a new plan or fixing up the existing one for the option. May 20 MACC Conference. Town Manager has granted permission for three to go. Mrs. Pease will send in reservations for herself and Mesdames Solomon and Bawls and possibly Mrs. Frick (at her own expense) . Naming Lands. Mrs. Pease asked that guidelines-directions be drawn up at an informal meeting she proposed to be held on either Wednesday, May 17 or Thursday, May 18 evening. Among those who volunteered for this committee were Dr. Friedman and Mrs. Rawls . May 11 CLC Meeting. Dr. Kassler said that he would bring along copies of the Conservation Goals. Walk of Clematis Brook. The difference between the banks recently cleaned and those left untouched for several were quite apparent to the participants. new plan Scottish Rites Museum/must be approved by Board of Appeals. Town Manager expressed confidence that the group would cooperate in granting a 200-foot scenic restrbtion along Mass. Ave. Query about Idlewilb was received from James Jones. It mars that the area of wetness about which he had expressed concern will be included in the open area in the new plan. 1972 Minutes of February 22, 28 and March 6/were approved with amendments as itemized below February 22, Page 1,. Paragraph 4, next to last full line should end with words, i'Mr. O' Connell" ,.; .fi . t�;n+: Conser4at-i ri ommi"s'sion_ Minutes 5/8/72 Page 4 ,AsFebruary 28, Page. 2, at enc) of first paragraph•. sentence should . ,R be .added "Mrsawlsl said she favors purchase of the entire piece, Mr. Jetkin‘6 has under option. " Second paragraph should end With end of second sentence, "as soon as 'possible. " Ar March- -6 First paragraph of discussion , Brie 7 on should read, "-tions. At. the Committee meeting Mrs. Frick was asked to sur- ( vey- several nearby towns such as Wayland, Lincoln and Weston `g' to see how they handle land acquisition. " Next paragraph should re , PA '!'Questions .on Wetlands and Conservation Restrictions were answered atthe -meeting of the Mass. Association of Conservation Commis- Siens Sattirctay, which was attended by Mesdames Nichols and Pease. It was discovered that conservation easement (restriction) goals s may be in conflict with a town' s easements to clean and dredge brooks. The, importance of cooperation between involved boards was stressed at the conference. Wetland was defined as land =t with water on it aster a heavy rainfall or land where water fills the hole created when a shovel of dirt is removed. " Green and White lot Adjacent to Porter. Mr. White said he would not donate all or any part of his lot on Shaker Glen Brook unless all land owners along the brook did the same, Dr. Kassler reported. North Lexington Pollution. Dr. Kassler asked that a Commission member check the North Lexington Brook downstream of the Lumber Yard to see if the pollution reported by Mrs. Nichols still exists. Conservation Restriction Terminology. Mrs. Pease noted that at the MACC meeting the term "conservation restrbtion"was used and never the word "easement" . Commission members agreed that the word "restriction" might gain better local understanding. Notice of Regular Meeting. The Chairman declared that NOTICE OF MEETING, pursuant to Section 23A of Chapter 39 of the General Laws, had been duly given by the filing of said notice with the Town Clerk on April 28, 1972, and that said notice had been on display on the public bulletin board in the Town Office Building, a public building, since that date. The Chairman ordered that a copy of said notice, along with a certificate as to service of notice of meeting, signed by the Secretary to the Commission, be attached to the minutes of this meeting. Resolution to Execute Contract. The following resolution was introduced by Norman P. Cohen, read in full and considered (A copy of the resolution is attached. ) Mr. Cohen moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Aoward M. Kassler, and all Commission members present voted in favor. The Chairman thereupon declared said motion carried and said resolution adopted '�' ,. � ado-4,o «I ti iil' APrvkP Conservation Commission Minutes 5/8/72 Page 5 11 xecuti °e Session was declared from 9 20 to 9 50 p.m There being, nb_- further business, the meeting was adjourned at xv 141515; until Monday, May 15, at 7 45 p.m. n; Hespectful4y submitted, . 49 Mrs. Erna S. Greene 44 Secretary to the Commission NOTE Copy of Notice of Meeting as posted on the Town Bulletin Board is included only in the Minutes Book (copy on file) .