HomeMy WebLinkAbout2017-08-21-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday August 21, 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: Duke Bitsko, Alex Dohan, Dick Wolk, Ruth Ladd, Kevin Beuttell,
David Langseth
Others present: Karen Mullins, Conservation Administrator and Casey Hagerty, Conservation
Department Assistant
6:30pm
Request for Insignificant Plan Change: Clarke School, 17 Stedman Road, DEP 201-1014, BL
971
Fred King- Schofield Brothers
Mr. King explained that during construction, they discovered a culvert that they did not know
was there. The culvert has been temporarily taken off line. Because the utilities under the road
are already installed, they are unable to connect this pipe to the drainage system. At this point,
they are proposing to extend the pipe and tie it into the stream. There are no changes expected to
the hydrology.
Questions and comments from the commission:
The commission requested that a grate be put at the end of the pipe to keep animals out. The
applicant agreed.
The commission asked if there was another option to stop erosion besides rip rap on the bottom
of the stream. Mr. King explained that the current stream bed has rip rap in that area.
Motion to approve the plan change made by Mr. Wolk and seconded by Mr. Beuttell. Vote: 7-0
in favor.
6:44pm
Request for Insignificant Plan Change: 10 Churchill Lane, DEP 201-1021, BL 978
Dan Moeller- builder/owner
Mr. Moeller explained that he spoke with Ms. Mullins about extending the retaining wall in the
back yard. Ms. Mullins instructed him that he would have to go through the engineering
department because there is a sewer easement on the property. He received approval from
engineering and built the wall, but did not come back in front of the commission for approval.
Questions and comments from the commission:
The commission stated that from a conservation perspective, the changes seem appropriate, but
asked what would happen if engineering needed access to the easement. Mr. Moeller stated that
the Department of Public Works went in and repaired the sewer line prior to the wall being
installed. It is expected that the line will need no further attention for many years.
Motion to approve the insignificant plan change made by Mr. Beuttell and seconded by Mrs.
Dohan. Vote: 7-0 in favor.
6:56pm
Request for Insignificant Plan Change: 118 Burlington Street, DEP 201-1034, BL 992
Mary Trudeau- wetland scientist
Ms. Trudeau explained that the driveway was made wider than what was originally proposed.
The engineer has provided backup to show that the drainage system is able to accommodate the
additional impervious area. The rear retaining wall was built five feet longer than approved and a
set of stairs was added off the deck. Ms. Trudeau explained that there was a discrepancy in the
depths of the infiltration units, but that was an error on the plan which has been adjusted.
Motion to approve the insignificant plan changes made by Mr. Beuttell and seconded by Mr.
Langseth. Vote: 7-0 in favor.
7:03pm
DET 17-22
RDA, Bedford Street Sidewalk
Owner: Massachusetts Department of Transportation
Applicant: Town of Lexington Engineering Department
Project: Crosswalk and sidewalk improvements
Dave Pavlik- Town Engineering Department, Tony Ma- GCG Associates
Mr. Pavlik explained that MassDOT has done a traffic study in town and has identified the
intersection at Bedford Street and Eldred Street as a good location for a pedestrian crosswalk.
Mr. Ma went onto explain the details of the traffic study. The entire project is within the state
highway layout. The project would involve relocating two bus stops, installing a crosswalk,
widening the sidewalk, and installing a signaled crossing.
Questions and comments from the Commission:
The commission asked if it will be a raised crosswalk. Mr. Ma said it will not be.
The commission asked what sort of trenching would be needed for the electronic signal. Mr. Ma
explained that the trenching will be contained to the area of construction.
The commission asked if there was way to mitigate for the additional sidewalk area. Mr. Ma
stated that because this is MassDOT property, they were very limited as to what stormwater
management they could do. The state will not allow them to connect into their system.
The commission asked that the applicant explore the option of installing a grass swale along the
sidewalk. The commission stated that they will condition this.
Motion to issue a Negative Determination with Conditions made by Mr. Beuttell and seconded
by Mrs. Dohan. Vote: 7-0 in favor.
7:42pm
DET 17-23
RDA, 7 Sanderson Road
Owner: Bin He and Chaomei Shi
Applicant: Castelli Construction Company
Project: Second Story Addition
Rich Kirby- LEC Environmental, Joe Castelli- Castelli Construction
Mr. Kirby explained that applicant is proposing to add a second story addition to an existing
home. The entire addition would be within the existing footprint. No earthwork is proposed and
the construction materials will be contained to the driveway.
Questions and comments from the Commission:
The commission discussed whether to condition FENO markers on the property. They stated that
their appeared to be mowing on a town owned piece of land. They decided that this issue was a
neighborhood issue not just this owner and will take it up separately. They will require
Conservation bounds to demarcate the property line.
Motion to issue a Negative Determination with conditions made by Ms. Ladd and seconded by
Mr. Langseth. Vote: 7-0 in favor.
7:53pm
DET 17-21
RDA, 5 Battle Green Road
Owner/applicant: Poline Gasparian
Project: Emergency connection to town drainage system
Howard Kellian- architect, Polina Gasparian- owner
Mr. Kellian explained that they are proposing an emergency drain connection to the town
drainage system. Two infiltration systems are proposed. If those fail, the system will then drain
into the town system. The applicant explained that there is high ground water at this location and
the neighbor is constantly pumping water into their yard as well.
Mr. Hamilton entered the engineering report into the record.
Questions and comments from the Commission:
The commission stated that the soils need to be verified and the calculations needs to be redone.
Motion to continue the hearing to 9/5/2017 at the applicant's request made by Mr. Beuttell and
seconded by Mrs. Dohan. Vote: 7-0 in favor.
8:09pm
DET 17-13
RDA, 40 North Street
Applicant/Owner: Daniela Rohne-Garlapati
Project: Utility work and additional pavement
Mr. Hamilton entered the Engineering report into the record.
Questions and comments from the Commission:
The commission stated that the only outstanding item was approval from the Engineering
department which the applicant has since received.
Motion to issue a Negative Determination with Conditions made by Ms. Ladd and seconded Mrs.
Dohan. Vote: 5-0 in favor. Mr. Langseth and Mr. Hamilton did not vote.
8:11pm
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
Steven Garvin- Samiotes Consultants
Mr. Garvin explained that they have addressed the three main problems addressed by the
Commission: Drainage, snow, and lighting. The applicant explained they took the most
conservative approach to addressing the stormwater issues by adding two additional stormwater
features. In regards to concerns about lighting, the lights were removed along the side of the
wetlands and they are proposing to add hoods to the other proposed lights. Additional signage
was added to the and the existing guardrails will be improved.
Dave McKinley of Castle Booth Architects gave the commission more detail regarding the road
running alongside the wetlands and the proposed playing fields. He stated that they would like to
keep the existing road so that they do not lose native trees along the side. The relocation
scenarios are not ideal because it will result in a loss of native trees, a reduction in playing fields,
an increase in disturbance along the edge of the wetlands, and a loss of vista. The existing road
will not be torn up, but just repaved.
Questions and comments from the commission:
The Commission stated that the lay out of the playing fields could be adjusted to move the road
further from the wetlands.
The Commission stated that they need to get a complete set of documents. The applicant agreed
to this.
The Commission stated that this stormwater design is different from many of the designs they
typically see. There are no large infiltration systems proposed. Mr. Garvin stated that because of
the playing fields they are able to use different types of stormwater management.
The Commission stated that they want clarification from they want clarification from a snow
plow contractor that they will be able to execute the snow management plan as proposed.
Motion to close the hearing made by Mrs. Dohan and seconded by Mr. Beuttell. Vote: 7-0 in
favor.
8:57pm
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
Motion to continue the hearing to 9/5/2017 at the applicant's request made by Mrs. Dohan and
seconded by Mr. Langseth. Vote: 7-0 in favor.
8:58pm
Enforcement 91 Woburn Street
Dominique Weyl- owner
Ms. Mullins explained that there was extensive clearing in the rear of the property at 91 Woburn
Street. About 80 feet of vegetation was cut back. Ms. Mullins stated that this work happened
beyond the boulders that were supposed to demarcate a Do Not Disturb area.
Ms. Weyl explained that she was attempting to do an invasive species removal project. She
stated that she believed her contractor only removed native species. Ms. Weyl has since hired
Rich Kirby to create a restoration plan.
Questions and Comments from the Commission:
The commission stated that they were very disappointed with the actions of the owner. They are
considering issuing a fine and are anxious to review her restoration proposal on 9/5/2017.
Motion to issue an Enforcement Order at 91 Woburn Street made by Mr. Langseth and seconded
by Mrs. Dohan. Vote: 7-0 in favor.
Enforcement 97 Woburn Street
Ms. Mullins explained that the homeowner of 97 Woburn Street demolished portions of an
existing driveway within the buffer to wetlands and riverfront area.
Michelle Jarvis, the homeowner, explained that they hired a contractor to remove approximately
2,000 sq. ft. asphalt driveway that they are do not use. She stated that because she was removing
impervious surface, she did not think a permit was needed. Ms. Jarivs presented the commission
with three types of Native seedmix that she is proposing to plant in the area where the asphalt
was removed. Ms. Jarvis added that she would also like to add a small fence and native plantings
along the border with 91 Woburn.
Questions and comments from the Commission:
The commission stated that they are in favor of the asphalt being removed, but explained to Ms.
Jarvis to always contact the Conservation Office for guidance before taken on a large project like
this.
The commission stated that they were ok with the proposal presented by Ms. Jarvis for seeding,
plantings and fencing and will permit this through an enforcement order.
Motion to issue an Enforcement Order at 97 Woburn Street made by Mr. Beuttell and seconded
by Mr. Langseth. Vote: 7-0 in favor.
Enforcement 37 Justin Street
Ms. Mullins explained that 37 Justin has recently submitted materials to obtain a Certificate of
Occupancy. Upon review, Ms. Mullins found several mistakes including a deck that extended
further than approved and a new basement entrance. There was also a pipe that was added that
drained to the wetlands.
The engineer of the project from Alpha Omega Engineering explained that the contractor is
going to address the issue regarding the unapproved pipe. He stated that the drainage system is
working functionally. The applicant stated that they would like to keep the additional structures
and will come back with a proposal to mitigate for those changes.
The commission stated that they would like to do a site visit.
9:42pm
0 Grove Street: Review and Discuss Planning Board Special Permit
Mr. Hamilton has explained that the planning board has issued a permit for a balanced housing
development on Grove Street. The proposed work will be entirely outside of the buffer zone.
Questions and comments from the Audience:
Beth Zonis, Leda Zimmerman Mary Ann Partridge, Tina McBride (all of Lexington) asked the
commission what their role would be in the permitting process. The commission explained that
at this point, all of the work is outside of their jurisdiction so they will sign off on the permits.
The Conservation Commission does not have the legal authority to alter or delay the
development approved by the Planning Board. The commission stated that Conservation staff
will the limit of work line and resource areas during construction, so that any adverse effects of
the development can be detected early and addressed.
10:22pm
Issue Certificates of Compliance:10 Norton Road, DEP 201-1033, BL 991 (partial)
Motion to issue a partial Certificate of Compliance for 10 Norton Road made by Mrs. Dohan and
seconded by Mr. Beuttell. Vote: 7-0 in favor.
Issue Certificates of Compliance: 60 Hartwell Ave, DEP 201-1005, BL 962 (partial)
Motion to issue a partial Certificate of Compliance for 60 Hartwell Ave made by Mr. Beuttell
and seconded by Mrs. Dohan. Vote: 7-0 in favor.
10:23pm
Issue Order of Conditions:
167-177 Cedar Street, Lot 10, DEP 201-1064, BL 1021
167-177 Cedar Street, Lot 6, DEP 201-1065, BL 1022
Ms. Mullins stated the applicant has requested that the commission delay the issuance of the
Order of Conditions to 9/18/2017.
10:27pm
Issue Order of Resource Area Delineation: 45 Bedford Street, DEP 201-1068, BL 1024
Motion to issue the Order of Resource Area Delineation made by Mrs. Dohan and seconded by
Mr. Beuttell. Vote: 7-0 in favor.
10:27pm
Approve minutes: 7/24/2017
Minutes will be reviewed at the next meeting.
10:27pm
Site visits were scheduled for 9/2/2017 at 9am.
10:29pm
Steep Slope Regulation Discussion
The commission discussed their draft of the steep slope regulation. The commission decided that
they will run their draft by Town Counsel.
10:46pm
100 foot buffer zone regulation discussion
Mr. Hamilton stated that he would attempt to draft a regulation regarding the protection of the
100 ft. buffer. The commission is in favor of this and will discuss in more detail at the next
meeting.
10:52pm
Reports
Ms. Mullins reported the LexHab has proposed some changes to the lot lines at the split of the
Wright Farm property. The commission stated that is seemed like a minor change and wouldn't
be an issue.
10:54pm
Motion to adjourn made by Ms. Ladd and seconded by Mrs. Dohan. Vote: 7-0 in favor.