HomeMy WebLinkAbout2017-10-30-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday October 30, 2017
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Phil Hamilton opened the meeting at 6:32pm in the Hudson Room.
Commissioners Present: Duke Bitsko, Dick Wolk, Kevin Beuttell, Ruth Ladd, Alex Dohan.
David Langseth, Phil Hamilton
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:32pm
Emergency Certificate: Juniper Hill
Ms. Mullins explained that over the summer, there was some erosion damage on a trail in Juniper
Hill. Upon further investigation, the Engineering department discovered that there is a town
culvert there with a 90 degree turn. In heavy rainfalls, the culvert backs up and spills over
causing erosion. They are going to repair the trail and TV camera the culvert to see if there is any
blockage.
Motion to issue an Emergency Certificate made by Ms. Ladd and seconded by Mrs. Dohan.
Vote: 7-0 in favor.
6:35pm
Issue Order of Conditions: 39 Middleby Road, DEP 201-1071, BL 1028
Motion to issue the Order of Conditions made by Mr. Wolk and seconded by Mr. Beuttell. Vote:
7-0 in favor.
6:36pm
Issue Amended Order of Conditions: 37 Justin Street, DEP 201-1011, BL 968
The commission discussed what conditions they want to add to this permit. The commission also
discussed the possibility of a fine. This will be discussed further at the next meeting.
Motion to issue the Amended Order of Conditions made by Mr. Beuttell and seconded by Mr.
Langseth. Vote: 6-1 in favor with Mr. Wolk voting against.
6:53pm
The certificates of compliance will be reviewed at the next meeting.
6:54pm
Approve minutes from 10/2/2017
Motion to approve minutes made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 7-0 in
favor.
6:55pm
Schedule Site Visits for the 11/13/17 meeting
Site visits were scheduled for 11/11/17 at 9am.
6:56pm
Reports
Mrs. Dohan reported that on 11/2/17 the Wright Farm Focus Group will be meeting.
6:57pm
DET 17-29
RDA, 19 Bellflower Street
Owner/applicant: Justine Neely
Project: Repair and replace existing retaining wall
Justine and John Neely- homeowners
Mrs. Neely explained that they bought their home from a builder after an addition was put on a
few years ago. However, the retaining wall in the back yard was not built properly and they
would like to rebuild the wall to the specs of the original plan that the commission approved.
Questions and comments from the commission:
The commission asked if a Certificate of Compliance was issued for this project. Ms. Mullins
said that she would look into this.
The commission stated that they want to condition erosion controls.
Motion to issue a Negative Determination with conditions made by Mr. Wolk and seconded by
Mr. Beuttell. Vote: 7-0 in favor.
7:08pm
DEP 201-1076, BL 1033
NOI, 4 Peachtree Road
Owner/applicant: Naplex Construction LLC
Project: Raze and rebuild SFD
Rich Kirby- LEC Environmental
Mr. Kirby explained that this project is a Raze and Rebuild of a single family home. He stated
that there will be a reduction in impervious cover within the buffer because they are proposing to
remove a shed in the buffer. There will be two infiltration systems to mitigate for the new house
and driveway.
At the site visit, the commission expressed concern regarding the trees to be removed. Mr. Kirby
told the commission that seven trees are proposed to be removed, bunt only two are within the
buffer. He stated the that the applicant is going to try to save as many trees as possible but is
taking a conservative approach by marking those trees to be removed. The applicant has offered
to have a pre demo meeting with the Conservation office and a tree arborist to review the trees at
that time.
Mr. Hamilton entered the engineering report into the record.
Questions and comments from the Commission:
The commission asked what kind of patio is proposed. Mr. Kirby explained that it is impervious,
but he is unsure of the type of stone to be used.
The commission stated that they are uncomfortable with deciding which trees are to be removed
at a pre demo meeting. They want an accurate plan.
Questions and comments from the audience:
Lian Ho and Paul Shi Ho, 389 Woburn Street, each explained that they are concerned about the
trees that are to be removed. They explained that a great deal of wildlife lives in those trees.
Motion to continue the hearing to 11/13/2017 at the applicant's request made by Mr. Wolk and
seconded by Mr. Langseth. Vote: 7-0 in favor.
7:36pm
DEP 201-1075, BL 1032
ANRAD, Dunham and Webb Street
Owner: Lawrence Trebino
Applicant: Angie Kavlakian
Project: Confirmation of wetlands line
Jame DeCoulas- representing Lawrence Trebino and Angie Kavlakian
Mr. DeCoulas stated that they are in front of the commission for the sole purpose of determine
the wetland boundary on the property. Five areas have been delineated on the site and two
transects were identified. Mr. DeCoulas showed the commission historic aerial photos of the site
and explained that the area has historically been used as farmland. He stated that there are no
plans to develop the site at this time.
Questions and comments from the Commission:
The commission explained that in a complex situation like this, they usually ask for a peer
reviewer to look at the wetlands.
The commission explained how their by-law works regarding wetland delineation. They told the
applicant that he will need to review it under their standards.
The commission asked if there were any vernal pools on the property. Mr. DeCoulas said that
there were no vernal pools.
Questions and comments from the audience:
Merril Jane Epstein, 42 Webb Street, explained that the neighborhood has been very concerned
about this property since there was extensive unpermitted cutting in the 1990s. She stated that the
owner reached a settlement with the town but it was never carried out.
Melissa Lee, 8 Cornerstone Way, explained that the area behind her house is always wet and
there is flooding.
Ping Chen, 12 Dunham Street, stated that he has problems with flooding and shares concerns
about the flooding increasing in the neighborhood.
Addie May, Dunham Street, expressed similar concerns about flooding.
Andy Freihling, TMM Precint 5, asked if the area has been evaluated for any potential vernal
pools. He also expressed concern that storms have been getting more frequent and more intense
in recent years. He is concerned what affect climate change will have on the wetlands as well as
any potential development.
Travis Lee, 8 Cornerstone Way, asked how this delineation varies from delineations done in the
past. Mr. Hamilton stated that the commission only approves wetlands lines for three years.
Blair Ruocco, 54 Webb Street, expressed concern over the accuracy of the wetlands delineation.
Simon She, 34 Webb Street, asked how the wetlands vary between winter and summer months.
The commission explained that wetlands take a great deal of the time to change. The commission
looks at soil samples which do not change with the seasons.
Don Sherman, 74 Webb Street, asked if wetlands off the property have been delineated. Ms.
Mullins stated that the applicant has gotten permission from the town to delineate wetlands on
the Town Conservation Land. The commission stated that they walked back to a pond on the
Conservation land but it was well over 100ft. from the property.
Rick Corazzini, 19 Utica Street, stated that the commission should go to the property in the
Spring when it is really wet out there.
Motion to continue the hearing to 11/13/2017 at the applicant's request made by Mr. Wolk and
seconded by Mr. Beuttell. Vote: 7-0 in favor.
8:27pm
DET 17-28
RDA, 404 Lincoln Street
Owner/Applicant: Jinsi Tan
Project: Septic abandonment and connection to town sewer
Ron Tiberian- representing homeowner
Mr. Tiberian explained that his client is proposing to abandon a cesspool in the back yard and
connect to the town sewer system. The abandonment will be done in the rear of the property
which abuts wetlands. The Engineering Department has approved this project.
Questions and comments from the Commission:
The commission asked if there is back up power to the system. Mr. Tiberian explained that there
is no back up power, but there is 20 hrs. of storage in the system.
Motion to issue a Negative Determination with conditions made by Mr. Langseth and seconded
by Mr. Beuttell. Vote: 7-0 in favor.
8:30pm
DEP 201-1074, BL 1031
NOI, 6 Peacock Farm Drive
Owner/applicant: Carlos and Leslie Hoyt
Project: Home addition and driveway replacement
Markus Pinney- consultant, Peter Gammie- Civil Engineer
Mr. Pinney explained at the last meeting there was concern over the slope of the driveway and
the use of permeable pavers on that slope. Since that meeting, Mr. Gammie has revised the
design to include lateral berms. He has also redone the stormwater calculations to mimic the
driveway as impervious and demonstrated that they will still meet the stormwater standards.
Questions and comments from the commission:
The commission expressed concern over the constructability of the berms that were proposed.
The commission stated that they want to include a condition that will allow the applicant to
change the design if needed.
The commission stated that they did not receive new stormwater calucaltions. Mr. Gammie
stated it was his mistake and just sent the summary table. He will resend the full analysis.
Motion to close the hearing made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0 in favor.
8:51pm
100 foot buffer zone regulation discussion
The commission discussed the language and definitions that they want to use for this regulation.
9:49pm
Survey marker regulation
Ms. Mullins stated that she will talk to the Town Engineering Department to find out what their
regulations are.
9:58pm
Motion to adjourn made by Ms. Ladd and seconded by Mrs. Dohan. Vote: 7-0 in favor.
Respectfully submitted,
Casey Hagerty
Conservation Department Assistant
Approved 11/13/2017