HomeMy WebLinkAbout2017-08-07-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday August 7, 2017
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Phil Hamilton opened the meeting at 6:30pm in the Parker Room
Commissioners Present: Alex Dohan, Dick Wolk, Ruth Ladd, Kevin Beuttell, David Langseth
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30pm
Informal Hearing: King Street Properties, 75 Hayden Ave
Derek Redgate of Highpoint Engineering explained that the parking project at 65 Hayden Ave is
nearly complete. The owner of the property, King Street Properties, is now working on the next
phase of the project. They are proposing to build a 200,000 sq. ft. life science building at 75
Hayden Ave. as part of this project, they are going to build a parking garage and improve the
stream that runs through the site. They have to go through the planning department and Town
Meeting for zoning changes. After that, they will file a Notice of Intent in front of the
Commission. They will be reducing the amount of impervious surface on the site.
Questions and comments from the Commission:
The commission requested that the owner look at adding some contours to the stream.
The commission stated that the owner should explore pulling back some of the areas that are
encroaching within the 25 ft. buffer.
6:52pm
Request for Insignificant Plan Change: Bowman School, 9 Philip Road, DEP 201-1027, BL 985
Ms. Mullins explained that the applicant is changing the size of the water quality unit that was
approved.
Motion to approve the insignificant plan change made by Mr. Wolk and seconded by Mr.
Beuttell. Vote: 5-0 in favor.
6:53pm
Issue Certificates of Compliance: 5 John Hosmer Road, DEP 201-290, BL 243
Ms. Mullins explained that this project was not ready for a Certificate of Compliance yet.
Issue Certificates of Compliance: 93 Hancock Street, DEP 201-780, BL 740
Motion to issue a Certificate of Compliance made by Mr. Wolk and seconded by Mr. Beuttell.
Vote: 5-0 in favor.
6:54pm
Issue Order of Conditions: Old Mill Road, DEP 201-1057, BL 1014
Motion to issue a Certificate of Compliance made by Mr. Wolk and seconded by Mrs. Dohan.
Vote: 5-0 in favor.
6:56pm
Issue Amended Order of Conditions: 92 Grant Street, DEP 201-1008, BL 965
Motion to issue an amended Order of Conditions made by Mr. Wolk and seconded by Mrs.
Dohan. Vote: 5-0 in favor.
6:57pm
Approve expenditure of up to $500 from the Lexington Nature Trust for boardwalk project at
Daisy Wilson Meadow
Motion to approve the expenditure made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0
in favor.
6:59pm
Update: 14 Ridge Road
Ms. Mullins explained that she just wants to keep the commission up to date on a situation that
occurred regarding a tree falling from wetlands. The commission stated that they will revisit their
tree removal policy in the future.
7:OOpm
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. Wolk recused himself from this hearing.
Bill Dailey- Attorney, Jim Friedlich- President, Jim Borabach- Project Engineer, Jeanne Krieger-
President of the Board of Trustees
Mr. Dailey explained that the Attorney General and Town Meeting have approved the zoning
changes that are required for the proposed assisted living facility expansion. Brookhaven is
proposed to build 49 new units and they hope to begin in the fall of 2017.
Mr. Dailey stated that in 2007/2008, the commission reviewed this property before and
determined that the stream on site is an intermittent stream.
Mr. Borabach stated that main areas of concern for the Commission are an intermittent stream
that runs through the property and a certified vernal pool. The primary access to the new facility
will be pass over an existing culvert that is in the intermittent stream. Mr. Borabach explained
that they did explore the option of removing the culvert and installing a proper bridge crossing,
but they were unsure of how this would affect the hydrology of the stream.
The water and utility service will have to be routed under the stream. The engineering
department will not allow them to run the utilities along the culvert.
The stormwater design has three main points including a design point at a culvert, a detention
basin, and a box culvert in the driveway. Two wetland replication areas are proposed along the
side the culvert. The applicant has also removed the sidewalk along the vernal pool buffer.
Questions and comments from the Commission:
The commission stated that they would like more documentation regarding the status of the
stream.
The commission asked for more detail regarding the buffer disturbance calculations.
The commission stated that they were concerned about the replication area being so close to the
road.
The commission asked for more detail regarding the trees that are proposed to be planted.
The commission stated that they need more detail regarding the limit of work line.
The commission asked for a sketch of what the culvert crossing will look like.
The commission stated that they normally require overflows on the downspouts.
Questions and comments from the audience:
Malcom Kasparian, 956 Waltham Street, stated that he and other neighbors were concerned
about increased flooding in the area. He also stated, that in previous hearings regarding this site
in the back, there were questions over the status of the stream.
A representative of the Lexington Elks Club, 959 Waltham Street, also stated concerns about
increased flooding in the area. Mr. Borabach stated that there should be no difference in water
flow on the site.
Motion to continue the hearing to 8/21/2017 at the applicant's request made by Mrs. Dohan and
seconded by Mr. Ladd. Vote: 4-0 in favor.
8:04pm
DEP 201-XXXX, BL XXXX
ANRAD, 45 Bedford Street
Owner/applicant: Town of Lexington
Project: Confirmation of wetlands line
Tom Whitty- Lucas Environmental
Mr. Whitty explained that as part of starting to develop plans for a new fire station, they are
filing an ANRAD for planning purposed. He explained that there is a small wetland in the
Northwest Corner of the site that is the headland to a swamp in area.
Questions and comments from the Commission:
The commission stated that the wetlands buffer is rendered on points rather than flags. For any
future plans, they asked that the buffers be based on the flags.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 5-0 in
favor.
8:10pm
DET 17-20
RDA, 3 Hadley Road
Owner/applicant: Kyungjung Kim
Project: Additional footings for existing three season room
Kyungjung Kim- home owner
Mr. Kim explained that he has an existing three season room and they would like to convert it to
a year round room. They will have to dig a few additional footings to support the structure. He
added that he would also like to expand the existing porch.
Questions and comments from the Commission:
The commission stated that the applicant did not include the deck expansion as part of this
project. Because of the proximity to the wetlands, the commission would be unable to approve a
deck through a RDA. The applicant stated that he is now only proposing the additional footings
for the three season room.
Motion to issue a Negative Determination with Conditions made by Ms. Ladd and seconded by
Mr. Beuttell. Vote: 5-0 in favor.
8:22pm
DET 17-21
RDA, 5 Battle Green Road
Owner/applicant: Poline Gasparian
Project: Emergency connection to town drainage system
Motion to continue the hearing to 8/21/2017 at the applicant's request made by Mr. Wolk and
seconded by Ms. Ladd. Vote: 5-0 in favor.
8:31pm
DEP 201-1062, BL 1019
NOI, 758 Marrett Road
Owner/Applicant: Minuteman Vocational Regional and Technical High School
Project: Raze and rebuild of existing school building and associated site work
Motion to continue the hearing to 8/21/2017 at the applicant's request made by Mr. Beuttell and
seconded by Ms. Ladd. Vote: 5-0 in favor.
8:32pm
DET 17-19
RDA, 6 Hancock Ave
Owner/applicant: Debbie and Mark Fortin
Project: Garage addition
Mary Trudeau- Wetlands scientist
Ms. Trudeau explained that since they last appeared in front of the commission, the wetlands line
has been changed. The applicant is now deciding how they want to move forward with the
project considering that stormwater management will need to be installed now.
Motion to issue a positive determination made by Mr. Beuttell and seconded by Ms. Ladd. Vote:
5-0 in favor.
8:41pm
DEP 201-1063, BL 1020
NOI, 10-12 Rangeway Road
Owner: Fisher Nominee Trust
Project: New Single Family Home
Motion to continue the hearing to 9/5/2017 at the applicant's request made by Mr. Beuttell and
seconded by Mrs. Dohan. Vote: 5-0 in favor.
8:42pm
DEP 201-1064, BL 1021
NOI, 167-177 Cedar Street, Lot 10
Owner: 167, 173, 177 Cedar Street LLC
Project: New Single Family Home
Mike Novak- Meridian Associates, Ben Finnegan- Finnegan Development
Mr. Novak stated that since the last meeting, they have resolved the issues that arose surrounding
the depth of ground water. Everything was raised by one foot which eliminated the need for a
sump pump. The patio was moved further from the 50 ft. buffer and they were able to bring
down the total buffer zone disturbance down slightly. FENO markers were added along the limit
of work line.
Questions and comments from the Commission:
The commission stated that there should be some clarifying details provided regarding the yard
drains and the cul-de-sac drainage.
The commission asked why there are stairs leading directly to the Do Not Disturb Area. The
applicant explained that they do not want to cut off all access to the large yard.
The commission expressed concern that the subdivision on a whole may be over the 50%
disturbance threshold. The commission stated that they need to ensure that the entire project is in
compliance.
The commission expressed concern about the amount of disturbance that is proposed on the lot,
especially because this lot is undisturbed. Some commission expressed concern that no work
should be allowed within the 100 ft. buffer when is undisturbed. The commission stated that in
situations where there are serious site sensitivities, they can enforce a no build zone greater than
50 ft.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 4-1 with
Mr. Wolk voting against.
9:12pm
DEP 201-1065, BL 1022
NOI, 167-177 Cedar Street, Lot 6
Owner: 167, 173, 177 Cedar Street LLC
Applicant: New Single Family Home
Mike Novak- Meridian Associates, Ben Finnegan- Finnegan Development
Mr. Novak stated that since the last meeting they have replaced the stone infiltration trenches
with raised edges on the driveway and two yard drains. They have revised the plans to show
which trees are to be protected and which are to be removed. FENO markers were added to the
limit of work line. The Limit of work line was adjusted to slightly reduce the total buffer zone
disturbance.
Questions and comments from the Commission:
The commission stated that they would like to see spot elevations to clarify that the cul-de-sac
drainage is not going into the driveway drains.
The commission expressed similar concerns as the project at 167-177 Cedar Street lot 10
regarding construction within an undisturbed area.
The commission stated that they need to add inspection ports to the plan.
The commission stated that the proposed erosion controls are in the wrong area.
Motion to close the hearing made by Mr. Beuttell and seconded by Mrs. Dohan. Vote: 4-1 in
favor with Mr. Wolk voting against.
9:19pm
Appoint Commissioner to Community Preservation Commission
Mr. Wolk stated that he is willing to act as the representative to the Community Preservation
Commission.
Motion to appoint Mr. Wolk to the Community Preservation Commission made by Mr. Beuttell
and seconded by Ms. Ladd. Vote: 5-0 in favor.
9:19pm
No site visits were scheduled.
9:19pm
Approve minutes: 7/24/2017
The minutes will be reviewed at the next meeting.
9:21pm
Reports
Mr. Wolk reported that he is concerned about future development in areas that are currently
undisturbed. He expressed concern that the commission has set an assumption that the 50 ft.
buffer is the do not build threshold even though they do have jurisdiction over 100 ft. The
commission stated that they are going to be looking into a rule change in order to strengthen their
jurisdiction.
9:39pm
Motion to adjourn made by Mr. Beuttell and seconded by Ms. Ladd. Vote: 5-0 in favor.