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HomeMy WebLinkAbout1972-03-13-CONCOM-min.pdf 0 1==.7 TOWN_ OF LEXINGTON, MASSACHUSETTS $ _ V }r° CONSERVATION COMMISSION MINUTES of Commission Meeting and Hatch Act Hearing March 13, 197,2:, ^ t.The meeting was called to order by the Chairman, Dr. Kassler, with .,' �;) Commission. members Mesdames Frick. and Pease and Mazerall (ex of- 'jlc` ,f ,c o�) present as well as Associate- Members Dr. Friedman and Mes- _f' dames- Nichols and Solomon and League of Women Voters observer Paige Alden. 4.2,t s Review of Hatch Act Procedures for Hearing„ Dr. Kassler said ,., . .- that all questions should be directed to the Chair. He also i said that if enough information is not available in the course of the hearing that it may be possible to postpone definitive recommendations. More DNR rulings on the Shawsheen watershed are not yet available'•, Article 82 (Planning Board' s request for $8500 for study of se- t-if lected large tracts of open land) . Mrs. Pease read out loud a statement she had drafted in support of this article, which she recommended be published as a handout for Town Meeting members. Commission members did not agree on how statement should be presented, but requested that the draft be typed and sent with the minutes so that it could be refined. MOVED and PASSED that the Commission provide a formal statement in support of Article 82. Mrs. Pease asked if, in the interest of saving time, she could show the draft to the Planning Board so they could com- ment on its content and possible method of presentation. Mrs. Pease also said that she favored inclusion of Town Manager' s participation in the study in the motion for Town Meeting. Minutes of February 7, 1972 open session were approved as submitted. Minutes of February 14, 1972 open session were amended as follows First sentence paragraph 2, page 1 should read, "Dr. Kassler said that beginning now a Commission member would be assigned responsibility for each area or project and would be in charge of gathering information on that particular subject. " Second line paragraph 5 should read, "Dr. Friedman was asked to be re- sponsible for this matter. " Page 1, paragraph 4, line 7 after "Shawsheen River water" the phrase "by the State Water Resources Commission' s Division of Water Pollution Control: These minutes were not fully accepted due to lack of time. PUBLIC HEARING REGARDING NOTICE OF INTENT OF BOSTON EDISON CO. TO ALTER CERTAIN INLAND WETLANDS LOCATED SOUTHEAST OF HARTWELL AVENUE, VICINITY OF LEXINGTON SANITARY LANDFILL, LEXINGTON The hearing was opened by the Chairman of the Conservation Com- mission,, Dr. Howard M. Kassler, who enumerated the duly advertised, posted and written notifications of this hearing, held in accor- dance with the provisions of G.L.C. 131, Sec. 40 (Hatch Act) as amended under Chapter 1020 , Acts of 1971. Present at the hearing were the following members of the COn- servation Commission. Angela E. Frick, Stanley A. Brown, Howard M. Kassler, D.M.D. , Wendy S. Pease, Margaret F. Rawls and MAY 1? 1972 Conservation Commission Minutes 3/13/72 Page 2 Atfi-' .. l.w HATCH ACT HEARING (,Coat'd) Paul E. Mazerall (ex-officio) and the,. following Associate Members of the Commission Manfred. P. Friedman, Laura F. Nichols, and Susan S. Solomon. Representing the applicant were the following• William H. Jones, Warren Roche and Edward de Lemos, all of Boston Edison Co. and Robert W. Foster, P.E. , of S'chofieldBrothers, Inc. Also present were the following Town of Lexington officials Stanley A. Brown, member of the Planning Board, Robert C. Heustis, Health Officer, James W. Lambie of the 4 Board of Health and John J. McSweeney, Town Engineer and from the Town of Bedford Conservation Commission Joseph Brine and Joseph F. Kenneally, Jr. Also present were Tom Curran of the Lexington Minute Man, Frank Sandy of 353 Emerson Road, Winslow R. Briggs and Ann W. Briggs of 2 Hadley Road, Iris G. Wheaton of 5 Hadley t Road and Paula Alden of 65 Gleason Road and Nevin Weaver and Elizabeth C. Weaver of 43 Highland Avenue. Mr. Roche of Edison Co. explained that on March 13 Town Engineer had received a set of revised plans. The changes had been made because within the past week the Boston Edison Co. had reached agreement had been reached with the Tennessee Gas Transmission Co. that felling could be done over their easement area. The Boston Edison Co. now has a purchase-sale agreement, contingent upon permit to fill and to build a transformer-switching station, to acquire 5.4 acres on Hartwell Avenue adjacent to the Boston and Maine Railroad and the Lexington Dump. Farley Brook flows through and along the boundary of this land. Plans call for filling 3 acres to an elevation of 120 feet. Present elevation of the site is from slightly less than 114 feet to about 118 feet above sea level - a portion of which is classified on topographical maps as "swamp" . Elevation of the Town easement-roadway into the dump is 118 feet. The Boston Edison Co. would build an open substation with transformers on one concrete pad and switchgear cubicles on another concrete pad (a slab about 12 to 18 inches thick, placed upon a three-acre bed of sand and crushed stone) . Anticipated cost tothe Boston Edison Co. would be $1 million by 1975 and another $1 million by 1980. Additional information on the proposal was brought out through answers and questions Q. Where will the road into the area be located? A. Off the Lexington dump access road. Q. Why this site? A. It is close to facilities (along an existing Edison Co easement) , in an industrial area where its presence would provide least impact on the town. The substation would handle service to nearby industrial installations, Hanscom Field and Bedford Q. Was the Boston Edison Co. aware of the DNR letter of February 12, 1971, which states that in the Shawsheen watershed area, any water storage capacity removed by filling must be replaced by ,_.10.f :°' Conservation Commission Minutes 3/13/72 Page 3 HATCH Ada' HEARING (cont'd/ a ponding or water storage provided on site. A. The Boston 04 Edison never heard of this. Mr. Roche stated that approximately 12 acres feet of water storage would be removed by filling. In .a severe storm the entire station coisld ba flooded up to a foot or two without permanent damage to the equipment ag„ Q. Town Engineer asked how the proposed elevation related to Hartwell Road and the railroad tracks. A. The 120 elevation is lower than both of these. -. ,, Q. How much of the area would be non-absorbent. A. There would be one pad 20' x 20' and another 20' x 4.0' . The entire rest of the proposed filling area would be gravel. About four feet of peat, which lies over hard pan, would be removed and replaced with sand and gravel. In answer to a later query on expansion plans, Boston Edison Co. representatives said that these pads should be able to carry equipment for power needs of Bedford as well as parts of Lexington through 1980. Expansion is done by replacement of components to increase carrying load. With the building of the substation the overhead wiring would be removed between that point and Bedford Street Q. (Health Department) How would water supply, waste disposal and flood control be taken care of? Could a substation be constructed on piers without solid base? Where could excavation for comparable water storage be provided? A. Since the substation would large- ly be unmanned, there would be no water supply and waste disposal. Pier construction was deemed not feasible due to the large number (150) of tons of equipment to be installed and serviced. In answer to another question about building at existing grade, Edison Company men replied that although occasional flooding or wetness could be tolerated in severe storms, constant wetness could not be tolerated. Q. (by Bedford Conservation Commission) Why had the Boston Edison Company not picked the land they already own on Bedford Street (near the Tennis Club) ? A. The Bedford Street site would be more visible and more difficult to plan politically. Q. ' s What about landscaping? How does the area get screened? (asked by Paul Mazerall and Mrs. Briggs) A. "In keeping with the area. " Landscaping would be similar to that of the Smith St.- Trapelo Road substation in Waltham i.e. screening would consist of a high picket (stockade-type) fence. Equipment would be 15 to 18 feet high. No planting is contemplated, Water Table and Flooding. Many questions were raised on this topic: Where is the water going? Two Hadley Road residents noted that with each additional development of land on the Hartwell Avenue side, the water table rises in the Eldred Street area. Mrs. Wheaton said that she has been marking high water and water levels in a hole in her basement and that the water now measures two inches' more than it did last year. Mrs. Wheaton also mentioned that last December the brook was flowing over the dump access road and over the Itek parking lot, Reports of Lexington residents differed from reports of company representatives Conservation Commission Minutes 3/13/72 Page 4 HATCH ACT HEARING (conE'd) on the amount of water standing on the land now - with the Edison men claiming greater dryness, except near the brook Q. Wouldn' t the tennis club like a nice pond? Is there any now- dry-enough land in the area to become an effective ponding area? Town Engineer Has there been a successful ponding? Commission Chairman Could a pond on the other side of Bedford Street be compensatory? Mr McSweeney pointed out two other pieces of land now owned by Boston Edison Co - one off Conestoga Road and another off Katandin Hill Q. (Mrs. Briggs) In an area such as the Tophet Swamp, which is subject to considerable pressure from filling, upheavals are likely to occur, according to the U.S. Department of Agriculture Soil Survey. There may be one such area near Itek and it looks as if one side of the hump on the land under discussion may be an up- heaval, since the land looks disturbed and nothing will grow there. A. The bump or hump was created when earth was dumped there a few years ago. Sometimes when filling is done over peat land is likely to slide sideways. Closing of Hearing - 9 35 p.m. Dr. Kassler pointed out that the Conservation Commission is required to submit its recommendations to the Department of Natural Resources within 7 days and urged all concerned Town bodies to submit their statements to the Com- mission as soon as possible. He also invited any present who would like to register their agreement or opposition to the proposed application to see the Secretary. Frank Sandy stated that as a stockholder in the Boston Edison Company he felt that the application was not consistent with the company' s stated policy to protect the environment. Continuation of Commission Meeting (Mr. Brown and Mrs. Rawls present) Filling in Conestoga Road Area. Mr. McSweeney explained that the filling was done in order to get equipment in to build the sewer. He said that the poind would be restored when the project was completed. He regretted that three trees more than necessary (on Town easement) were cut. Discussion of Hatch act Hearing. It was mentioned that Town Engineer received a letter from Boston Edison Company on March 13, in which it was stated that there should be a "resolution of drainage problems" before construction begins. Commission members expressed need for further directives from the DNR, citing what was promised in the letter of February 12, 1972. Commission members expressed concern that the brook was being squeezed between the dump and the proposed project. Dr. Kassler asked that Commission members give him any statements they may desire to write by Wednesday Mrs. Frick invited all available Commission members to her home on Sunday, at 11 a.m. to draft a letter to the D N.R. for final approval at the Commission' s meeting on Monday evening at 7 30. „ �� Conservation Commission Minutes 3/13/ 72 Page 5 Commission members commented that the purpose of the hearing was to gather information rather than to air opinion. Most agreed that although most speakers were not neutral , they were 1 contributing information. Hearing lasted long enough to hear �+ all who wished to speak, possibly subsequent hearings could be less time-consuming with practice, it was said. Negotiations for Town Meeting Articles. Mrs. Riff in will assist ' . in negotiations on the Ashley property, Mr. Bailey for Porter, and Mr. Busa for Pinard. Mr. Legro' s comments on the articles were communicated to Dr. Kessler by Mr. Kenney and there seem to be no legal problems at this time. Dr. Kassler reported that final ,, $ figures will be given to the Capital Expenditures and Appropria- tions Committees shortly. V Ashley. Mrs. Rawls, who had attended the Planning Board Meeting from 7: 30 until 8: 30 p.m. this evening, reported on the discussion i there. On March 17 Mr. Jenkins is due to sign an option for all or part of Mrs. Ashley' s land, depending upon how much land the Planning Board would approve for development. Mr. Jenkins first showed a plan with a long cul-de-sac road, but the Planning Board c\ found this unacceptable, since it would cross the brook in a a swampy area. They recommended instead a more easterly route, or, better yet, that no land below the 210-foot contour line be de- o veloped. Board voted to take neutral position on development of N this land on the hill, pending decision by other boards on school -g access, etc. (Provision could be made for two separate accesses 0 to the school site could be made from Marrett Road and from High- m land Avenue) . Mr. Jenkins said that it would be possible to de- velop thehillside only. As Mrs. Rawls saw it, there are four ro possible courses of action on acquisition. (1) Worthen Road option could be left open, with the Worthen o Road curve as the dividing line between Town and Conservation zi acquisitions, with the latter augmented by additional swamp • land and brook easement over the Steeves land. A (2) All of the land in (1) could be purchased for conserve- a tion, with reservation of Worthen Road corridor. c-- (3) (3) Most of the land would go for conservation, with the to division between conservation and other Town purposes based upon routes of school accesses. o (L ) All the purchase would be for conservation, with school accesses ("driveways" term preferred) reserved corridors. o 4-1m Estimated addition to the proposed Conservation-land acquisition m $ value would be about $36,000 if all the Ashley land (except for area around her home) were to be purchased. Dr. Kessler said that o the total land acquisition package, including Hamilton and Baldwin, U is now up to $352,000. Mrs. Rawls advocated preserving the woods p by acquisition of the whole site, since the area is already heavily z used and would be more important, should a school be built there. Furthermore, she said, additional woodland may be donated to the Town. . .Agreed to look into bonding possibilities for the large package. Meeting adjou=rned at 11 25 after oneA.hrour° executive Session,.