HomeMy WebLinkAbout2017-10-02-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday October 2, 2017
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Phil Hamilton opened the meeting at 6:30pm in the Hudson Room.
Commissioners Present: Duke Bitsko, Phil Hamilton, Dick Wolk, Kevin Beuttell, Ruth Ladd,
Alex Dohan
Others present: Karen Mullins, Conservation Administrator
6:30pm
Request for Informal Meeting: Marshall Road Pump Station, Town Engineering Department
Dave Pavlik- Town Engineer, Kevin Olsen- Sanitary Consultant
Mr. Pavlik explained that town has a plan to upgrade sewer pump stations all over town. The
next on their list is a pump station at the end of Marshall Road. The existing pump station is
within the buffer to perennial stream and associated wetlands. The proposed new station will be
within 30ft. of the stream. They are proposing a restoration planting plan. The new station will
have a backup generator and will be diesel fueled. Standard BMPs will be practiced during and
after construction. Mr. Olsen stated that they will be filing a formal NOI in the coming months.
Questions and comments from the Commission:
The commission asked if there is any way to move the structure further from the stream. Mr.
Pavlik explained that they are very limited as to where they can place it for multiple reasons.
The commission asked if there is flood zone issues. The consultant stated that there are not.
The commission asked about the lifetime of the generator. The consultant explained that it is at
least 20 years.
The commission confirmed that the stream is perennial. The consultant explained that they are
working within riverfront area.
The commission asked for a formal planting plan as part of the NOL The applicant agreed.
6:49pm
Request for Insignificant plan change: Clarke School, DEP 201-1014, BL 971
Fred King- Schofield Brothers
Mr. King explained that the Fire Department has requested that a stone dust path be built to the
field from the gym exit to the existing bridge and into the field. Mr. King explained that in case
of a fire, it is better to have a defined path to lead people away from the building. There are also
some handicapped students who would benefit from the path to the fields. The grading is very
flat and spot grades have been added to the plan.
Motion to approve the insignificant plan change made by Mr. Beuttell and second by Mr. Wolk.
Vote: 6-0 in favor.
6:56pm
Request for Insignificant plan change: 18 Constitution Road, DEP 201-884, BL 843
Venkata Bhupatiraju- homeowner
Mr. Bhupatiraju explained to the commission that they originally had proposed to add a two car
garage to the property. However, the scope of the work has changed and they are now proposing
to just add a parking pad. The same stormwater plan will be implemented. Additionally, they are
proposing to put a small retaining wall in the yard rather than grade yard as originally proposed.
Engineering has signed off on the retaining wall, but no test pits have been done in the area of
the infiltration system.
The commission stated that test pits would need to be done before this can be approved.
7:03pm
Request for Insignificant plan change: 430 Concord Ave, DEP 201-938, BL 897
Rich Kirby, LEC Environmental
Mr. Kirby explained that they are proposing three changes to the approved plan. The first is that
they have to implement a remediation plan do to some contamination found on site. The second
change is that there are a few overhangs that extend within the 50 ft. buffer that were not
originally approved. They have submitted revised plans showing the relatively minor change.
Additionally, as mitigation for the addition roof area, they are proposed to restore an additional
1700 sq. ft. This mitigation area is proposed on the town owned land adjacent to the property.
Questions and comments from the Commission:
The commission asked for clarification regarding the location of the mitigation area. Mr. Kirby
explained that the area is directly next to the property. It was an area that was formally part of the
property but was taken by eminent domain by the town. Mr. Kirby explained that the state does
allow for offsite mitigation, but it has to be done at a 2:1 ratio.
The commission asked what the status of the project is. Mr. Kirby explained that they are
currently implementing the RAM plan. The rough grading of the restoration area will be next as
well as the construction of the retaining walls. The planting is anticipated to be done next spring.
The commission stated that they did not think encroachment into the 50ft. buffer is a minor
change. They are concerned about the precedent that this will set. Mr. Kirby explained that this is
a unique situation because the buffer is extending from a replicated wetland area rather than a
natural one.
He is not prepared to approve as insignificant since it was within 50.
Motion to approve the insignificant plan change made by Mr. Beuttell and seconded by Mr.
Bitsko. Vote: 4-0 in favor.
7:20pm
DET 17-27
RDA, 87 Hill Street
Owner/applicant: Lexington Housing Authority
Project: Deck replacement and new stairs
The applicant explained that they are proposing to rebuild the existing deck and add a set of
stairs off the rear. New sonotube footings will be poured and the soil will be brought off site.
Questions and comments from the Commission:
The commission asked that the trash be picked up in the rear of the property. The applicant
agreed.
The commission asked that erosion controls be installed. The applicant agreed.
The commission asked if it was possible to turn the stairs 90 degrees to the side lot line. The
applicant stated that they could do that.
Motion to issue a negative determination with conditions made by Mr. Beuttell and seconded by
Ms. Ladd. Vote: 6-0 in favor.
7:29pm
DEP 201-1071, BL 1028
NOI, 39 Middleby Road
Owner/applicant: John Franson
Project: New patio
Mark Salvatti- attorney, John Franson- homeowner
Mr. Salvatti explained that his client is proposing to put an impervious patio in the backyard. He
stated that they are working with an engineer, but do not have his calculations yet. The patio is
about 70ft. from the wetlands on site.
Questions and comments from the commission:
The commission stated the engineering review is needed for approval. They will have the
calculations by the next meeting.
Motion to continue the hearing to 10/17/2017 at the applicant's request made by Mr. Beuttell and
seconded by Ms. Dohan. Vote: 6-0 in favor.
7:33pm
DEP 201-1011, BL 968
Amended Order of Conditions, 37 Justin Street
Owner/applicant: Muhammed Rahman and Paula Karim
Project: after the fact changes to approved plan
Saade Barbar- builder, Aziz Ramon- homeowner
Mr. Barbar explained that there was some miscommunication between himself, the engineer, and
the surveyor which resulted in several changes to the approved plan. The size of the porch was
increase, an overhang was added over a door way, and a sump pump was installed. He explained
that they would like to keep those changes and are offering additional plantings as mitigation.
Questions and comments from the Commission:
The commission discussed whether plantings would be sufficient because of the sensitivity of the
site. The commission stated that they would need to see the plantings on a plan in order to
approve it.
The commission asked for more details regarding how the mistakes were made. Mr. Barbar
stated that there was miscommunication between architect, engineer, and surveyor.
The commission discussed their options. The applicant stated that they would come back with an
adjusted plan.
Motion to continue the hearing to 10/17/2017 at the applicant's request made by Ms. Ladd and
seconded by Mr. Wolk. Vote: 6-0 in favor.
7:48pm
DEP 201-1072, BL 1029
NOI, 23 Hamblen Street
Owner/applicant: LexInvest
Project: Raze and rebuild SFD
Rich Kirby- LEC Environmental, Al Gala-project engineer, Dan Taylor- owner/builder
Mr. Kirby explained that his client is proposing to raise and rebuild the existing home. They
originally filed a Request for Determination. Mr. Kirby stated the wetland is across the street
from the home. Only a small portion of the house is within the buffer. The current house is
within the groundwater table. The new house will be bigger, but will manage the stormwater on
the property. The basement will be above the ground water table. They are proposing some site
grading to ensure that rainwater will also be captured by the system. The system has
redundancies to ensure the longevity of the system.
Mr. Hamilton entered the Town Engineering report into the record.
Questions and comments from the Commission:
The commission how the owner would access the rear of the house to maintain the infiltration
systems in the rear? There is enough room for a small excavator to get back there.
The commission for more detail regarding the heights of the retaining wall in relation to the
infiltration system. The applicant explained that they will add a poly sheet against the wall to
protect it if the system overflows.
The commission asked if the proposed method of cleaning out the infiltration system will work
because of the distance from the road. Mr. Gala explained that the trucks have long hoses that
will be able to reach the rear of the property.
The commission expressed concern about the difference in height between the property and the
abutting property. The applicant explained that they are capturing all the water on site. Rain
water will either be directed to the infiltration system or it will infiltrate on site.
The commission stated that they want to condition a foundation as-built plan.
The commission stated that they want to condition that the owner submit a yearly maintenance
report.
Mr. Hamilton entered abutters' letters into the record.
Questions and comments from the audience:
Anne Marie Tan, 17 Hamblen Street, expressed concern regarding potential flooding as a result
of the construction. She added that there is historical flooding in the area.
Walter Allen, 20 Homestead Street, also expressed concern about flooding in the area.
George McCormack2l Hamblen Street, explained that before new construction in the area, they
never had any water issues. They have now had to install sump pumps. He expressed concern
that the proposed retaining walls will affect his existing stockade fence. Mr. Kirby explained that
the block style retaining wall that they are putting in is not invasive during construction.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 6-0 in
favor.
8:34pm
DEP 201-1073, BL 1030
NOI, 15 Oxbow Road
Owner/applicant: JMG Development Corporation
Project: Raze and rebuild SFD
Mike Novak and Chris Gajeski- Meridian Associates, Joe Geolmini- owner/builder
Mr. Novak explained that they are proposing to demo the existing single family home and build
a larger one. The home will be 71 feet away from the wetlands at the closest point. An
impervious patio is proposed in the rear of the house. The run off from the patio and house will
be captured by a stormwater system. They are proposing to place FENO markers along the 25 ft.
buffer and allow that area to renaturalize.
Questions and comments from the Commission:
The commission asked if it is possible for the applicant to save a large beech tree in the rear. The
applicant explained that the retaining wall will be placed in the area where that tree is. He stated
that he is going to try to save another tree on the site.
The commission stated that the one year storm rates are just on the line. The applicant should
keep this in mind if any changes arise.
The commission asked that the poly sheet detail be added to the plan.
Motion to close the hearing made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0 in favor.
Continued Meetings/Hearings
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 12/11/2017 at the applicant's request made by Mr. Wolk and
seconded by Ms. Ladd. Vote: 6-0 in favor.
Issue Certificate of Compliance: 10 Churchill Road, DEP 201-1021, BL 978
Motion to issue the certificate of compliance made by Mr. Wolk and seconded by Ms. Dohan.
Vote: 6-0 in favor.
Issue Certificate of Compliance: 39 Sherburne Road, DEP 201-920, BL 880
This request is not ready
Issue Certificate of Compliance: 48 Brandon Street, DEP 201-1018, BL 975
Motion to issue the certificate of compliance made by Mr. Beuttell and seconded by Ms. Dohan.
Vote: 6-0 in favor.
Approve minutes: 9/5/2017, 9/18/2017
Motion to approve the minutes of 9/5/2017 made by Mrs. Dohan and seconded by Ms. Ladd.
Vote: 6-0 in favor.
Motion to approve the minutes of 9/18/2017 made by Mrs. Dohan and seconded by Ms. Ladd.
Vote: 6-0 in favor.
Schedule site visits
Site visits were scheduled for 10/14/2017 at 9am.
Steep Slope Regulations
The commission discussed the edits to the draft regulation from Town Counsel. They will
recirculate the draft in order to finalize it.
100 foot buffer zone regulation discussion
The commission discussed the most recent draft of the regulation. They are going to revisit
section 5 of the existing regulations. Ms. Mullins will circulate the electronically.
9:25pm
Motion adjourn made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 6-0 in favor.
Respectfully Submitted,
Casey Hagerty
Conservation Department Assistant
Approved 10/30/2017