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HomeMy WebLinkAbout2017-09-05-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS CONSERVATION COMMISSION MINUTES Tuesday September 5, 2017 6:30 P.M. Estabrook Hall, Cary Hall 1605 Massachusetts Ave Chair Phil Hamilton opened the meeting at 6:33pm in the Hudson Room. Commissioners Present: Duke Bitsko, Alex Dohan, Ruth Ladd, David Langseth, Phil Hamilton Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation Department Assistant 6:33pm Enforcement: 91 Woburn Street Rich Kirby- LEC Environmental and Dominique Weyl- Owner Mr. Kirby explained that Ms. Weyl had removed invasive species from the rear of her yard in an area that she was not supposed to disturb. He explained that the owner believed that pulling invasive species was an allowed activity. He has submitted a planting plan for the commission to review and approve. The contractor doing the work will access the rear of the property through the neighbor's lot. Questions and comments from the Commission: The commission asked for clarification regarding the areas of restoration. Ms. Weyl explained that the whole area is going to be replanted except for an area where there was no pulling. The commission stated that they want to require three years of twice annual monitoring by a professional. The commission stated that they have considered issuing a fine because of the extent of the clearing, but will not in this case because of the perceived lack of clarity in the website. 6:52pm Enforcement: 37 Justin Street Aziz Rahman and Paula Karim- Homeowners Mr. Rahman explained that they are seeking approval for some changes that took place during the construction of the new home. They have provided additional drainage calculations to show that their infiltration system can handle the additional volume from the sump pump that was connected. Mr. Hamilton entered the engineering report into the record. Questions and comments from the Commission: The commission stated that they needed a clear plan and written explanation outlining exactly what the changes were. They suggested the homeowners file an Amendment to their Order of Conditions. The homeowners were told to bring the builder to the next meeting. 7:07pm DEP 201-1063, BL 1020 NOI, 10-12 Rangeway Road Owner: Fisher Nominee Trust Project: New Single Family Home Dennis Greicci- Andover Consultants Mr. Greicci explained that, since the last meeting, they met with the Zoning and Planning department to resolve issues that were brought up by that department. As a result of those meetings, they had to adjust the plans slightly. This resulted in an increase in impervious surface. Mr. Greicci stated that they propose to 61180 ft. of a ditch that was determined to be nonjurisdictional by DEP in 2016 and place a pipe to transmit any water from the adjacent upslope lot. No work is proposed within the 50 ft. buffer. Mr. Hamilton entered the Engineering Report into the record. The commission asked why the pipe had to be filled in for such a long distance. Mr. Greicci stated that they are trying to get as much yard area as possible. The commission asked if the pipe gets clogged, who will be responsible for cleaning it out. The applicant explained that they are designing the pipe so that it will not clog. The commission stated that they will want to see maintenance of the pipe included in the O and M plan. Motion to continue the hearing to 9/18/2017 at the applicant's request made by Ms. Ladd and seconded by Mr. Bitsko. Vote: 5-0 in favor. 7:23pm DET 17-24 RDA, 12 Cooke Road Owner/applicant: Libretto Project: Emergency connection to town drainage system Dan Orwig- Orwig Associates, Lisa Libretto- Homeowner Mr. Orwig explained that the applicant has had flooding in their basement. They have designed a system to pump the basement water to two infiltration systems. If those system cannot handle the amount of water pumped in, there will then be an emergency overflow connection to the town drainage system. Mr. Orwig stated that there is a series of alternating pumps and they are located below the frost line. They said that the Department of Public Works had no concerns about the proposal. Mr. Hamilton entered the engineering report into the record. Questions and comments from the Commission: The commission asked if there is any chance that the overflow to the street may freeze. Mr. Orwig stated that they have designed around that. Motion to issue a Negative Determination with conditions made by Mrs. Dohan and seconded by Mr. Langseth. Vote: 5-0 in favor. 7:32pm DET 17-25 RDA, 149 Adams Street Owner/applicant: Mary Beth Sweeney and Larry Conway Project: New deck Krisoulva Voliakrus- Designer and builder Ms. Voliakrus explained that they are proposing to build a new deck over an existing patio. They will use helical footings from the deck. The proposed deck is outside of the 50 ft. buffer and no new roof area is proposed. Questions and comments from the Commission: The commission asked that the applicant remove the old erosion controls that were in place from a prior project. The applicant agreed. Motion to issue a Negative Determination with Conditions made by Mr. Langseth and seconded by Ms. Ladd. Vote: 5-0 in favor. 7:38pm Commissioner Richard Wolk arrived. 7:38pm DET 17-26 RDA, 23 Hamblen Street Owner/applicant: LexInvest Inc. Project: Raze and rebuild Single Family home Rich Kirby- LEC Environmental, Dan Taylor- Builder Mr. Kirby explained that his client is proposing to tear down an existing single family home and rebuild a new one in its place. A small portion of the new house will be within the 100ft. buffer. They are going to meet the stormwater standards. Mr. Hamilton entered the Engineering report into the record. Questions and comments from the Commission: The commission expressed concern over the proximity of the house to the setback requirements. The commission stated that this project should be filed as a Notice of Intent because a portion of the home falls within the 100ft. buffer. The commission stated that a Notice of Intent gets recorded so that future owners understand that there are wetlands in the area. After speaking with the applicant, Mr. Kirby stated that they are going to formally withdraw the application and file a Notice of Intent. 8:03pm Pendine Continued Issue Order of Conditions: 758 Marrett Road, DEP 201-1062, BL 1019 Motion to issue the Order of Conditions for 758 Marrett Road made by Mr. Langseth and seconded by Mr. Bitsko. Vote: 4-0 in favor. Ms. Ladd and Mr. Hamilton did not vote. 8:05pm DEP 201-1068, BL 1025 NOI, 5 Fairfield Drive Owner/applicant: Jeremy and Nicola Majchrzak Project: Enlarge an existing deck, replace concrete steps, regrade driveway, replace water pump Rich Kirby- LEC Environmental, Jeremy and Nicola Majchrzak- homeowners Mr. Kirby stated that the current driveway sits at a low point of the lot. There is currently a pump that directs run off into an existing pipe and then into the wetlands. They are proposing to increase the size of the pump as well as regrade the driveway to stop water from collecting there. Mr. Kirby explained that they are also proposing to expand a covered porch by 100 sq. ft. They are proposing to remove some of the lawn area that has extended onto the abutting Conservation land. Mr. Hamilton entered the engineering report into the record. Questions and comments from the Commission: The commission asked if they are replacing the driveway. Mr. Kirby explained that they are replacing it in kind with slight grading to force the water into the pump. The commission stated that this is minor and would not trigger the need for full drainage. The commission stated that because there is an existing pump and pipe directly to the town drainage pipe on the site that will not be changed, they will not require infiltration prior to the connection to the town drain, as would be required if this were a new installation. The commission requested that at least two FENO markers be added to the property line to better demarcate the boundary, one at the property corner near the pump and another at the corner with the neighbor to the right as one faces the house from the street. Motion to close the hearing made by Mr. Langseth and seconded by Ms. Ladd. Vote: 6-0 in favor. 8:16pm DEP 201-1069, BL 1026 NOI, 167, 173, 177 Cedar Street Lot 6 Owner: Peter Staecker Applicant: 167, 173, 177 Cedar Street LLC Project: New single family home and associated site work Mike Novak- Meridian Associates, Ben Finnegan- Finnegan Development, John Farrington- Attorney, Fred Gilligan- attorney Mr. Novak explained that this lot is part of a larger subdivision project. They are proposing a new house and infiltration system. Trees to be removed are labeled as well as the limit of work line which ties into the limit of work line for the entire subdivision. They are proposing to put a restrictive covenant over a portion of the lot—all of the wetlands and the uplands from the 25' do not disturb line behind the house to the rear of the property. They will stay under the 50% buffer zone disturbance buffer for the site and will come back with some minor plan changes to tweak the threshold for the entire subdivision. Questions and comments from the Commission: The commission asked for clarification regarding the amount of trees that are to be taken down. Mr. Novak explained that they are going to try to save as many trees as possible even if they are marked to be taken down. The commission asked if the applicant would consider a tree well for two large trees behind the house. The applicant stated that he could consider that. The commission asked if it was possible to lower the buffer zone disturbance. Mr. Novak explained that they could not lower it further. The commission asked why the patio was encroaching within the 50 ft. buffer. Mr. Novak explained that patios are not considered structures and would not be subject to the 50 ft. buffer rule. The commission asked if they needed a new plan to define the area of the Restrictive Covenant. Ms. Mullins explained that they would just need to spell out the language of the Covenant in the order. Some commissioners expressed concern about this project because it is taking place in entirely undisturbed area. They were concerned about the loss of trees and the effect that tree loss would have on climate change, wildlife habitat, and increased downstream flooding. The commission stated that this project was not in the best interest of the wetlands. The commission added that the functions of a wetland are far reaching. Motion to close the hearing made by Mr. Langseth and seconded by Mr. Wolk. Vote: 5-0 in favor. 8:47pm DEP 201-1070, BL 1027 NOI, 167, 173, 177 Cedar Street Lot 10 Owner: Peter Staecker Applicant: 167, 173, 177 Cedar Street LLC Project: New single family home and associated site work Mike Novak- Meridian Associates, Ben Finnegan- Finnegan Development, John Farrington- Attorney, Fred Gilligan- attorney Mr. Novak stated that this project is a proposed single family home and infiltration system as part of a larger sub division. The patio on this plan has been relocated to be pulled away from the wetland. They are proposing FENO markers along the limit of work line which ties into the limit of work line for the entire project. The applicant is offering a restrictive covenant over a portion of the lot—all of the wetlands and the uplands from the 25' do not disturb line behind the house to the rear of the property except for a triangular area of upland at the far end of the property. Mr. Hamilton entered the engineering report into the record. Questions and comments from the commission: The commission asked if water would be running from the roadway into the driveway. Mr. Novak explained there is a high point at the front of the driveway. He added that they will adjust the plan to give the paving contractor a little wiggle room. The commission stated that they were concerned about the location of the wetlands and the pitch of the patio towards the wetlands in that area. Mr. Novak stated that they would reconsider the location. The commission stated that they have asked applicants to move patios outside of the 50 ft. buffer in the past because of the slope. Motion to continue the hearing to 9/18/2017 at the applicant's request made by Mr. Wolk and seconded by Mr. Langseth. Vote: 5-0 in favor. 9:04pm DEP 201-1066, BL 1023 NOI, 960-1010 Waltham Street Owner/applicant: Symmes Life Care dba Brookhaven at Lexington Project: Addition of assisted living facility and associated site work Mr. Hamilton explained that he has watched the LexMedia video from the last meeting and has signed the affidavit. Mr. Wolk recused himself from the hearing. Bill Dailey- Attorney, Jim Friedlich- President, Jim Borabach- Project Engineer, Jeanne Krieger- President of the Board of Trustees Mr. Dailey explained that since the last meeting on 8/7/2017, they have met with the planning board and had a positive meeting. They are continued with the Planning Board until they receive Conservation approval. Mr. Borabach stated that they have addressed the commission's issues regarding snow and ice removal. Snow fencing will be placed along 100 ft. of drive near the brook and include signage. The sidewalks will be treated with a drop spreader. They have also worked with the neighbors to calm some of their concerns. The team has met with the Engineering Department several times to review the project and have now received their approval. Engineering has since allowed them to bring the water line across the culvert crossing rather than under the brook. The O and M plan has been modified. Additionally, the applicant has provided pictures and Stream Stats showing the portion of Chester Brook on site to be perennial. One wing of the new building has been moved outside of the 50 ft. buffer. The wetland replication plan has been changed slightly to alleviate some the concerns regarding the separation of the roadway and the replication area. Mr. Hamilton entered the engineering report into the record. Questions and comments from the Commission: The commission asked if there was a provision for public access to the public land behind the property. Mr. Friedlich stated that there is access through sidewalks on the property. They are working with GCC to ensure this. Motion to close the hearing made by Mr. Langseth and seconded by Mrs. Dohan. Vote: 4-0 in favor. 9:26pm DET 17-21 RDA, 5 Battle Green Road Owner/applicant: Poline Gasparian Project: Emergency connection to town drainage system This hearing has been withdrawn. 9:27pm Commissioner Ruth Ladd left. 9:28pm Issue Certificates of Compliance: 197 East Street, DEP 201-882, BL 840 Ms. Mullins explained that this has some outstanding issues. The commission decided to the issue the Certificate but hold it until the issues are resolved. Motion to issue the Certificate of Compliance made by Mr. Wolk and seconded by Mr. Langseth. Vote: 4-0 in favor. 9:28pm Issue Certificates of Compliance: 6 Candlewick Close, DEP 201-1036, BL 994 Motion to issue the Certificate of Compliance made by Mr. Wolk and seconded by Mr. Langseth. Vote: 4-0 in favor. 9:30pm Steep Slope Regulation Discussion The commission decided to send the draft to Town Counsel. 9:31pm 100 foot buffer zone regulation discussion Mr. Hamilton explained that he has drafted two versions of this regulation. The commission must decide which version they want to go forward with. 9:47pm Comments: Proposed planning board amendments to the zoning bylaw and zoning map The Commission will discuss this at the next meeting. 9:50pm Motion to adjourn made by Mr. Langseth and seconded by Mr. Wolk. Vote : 4-0 in favor. Respectfully Submitted, Casey Hagerty Conservation Department Assistant Approved 9/18/2017