HomeMy WebLinkAbout2018-10-15-CONCOM-min 1
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
Monday, October 15, 2018
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Phil Hamilton opened the meeting at 6:30 pm in the Parker Room of the Town Office
Building.
Commissioners Present: Chair—Phil Hamilton, Alex Dohan, Dick Wolk, David Langseth, Kevin
Beuttell, Ruth Ladd and Duke Bitsko
Others present: Karen Mullins, Conservation Administrator and Katie Luczai, Administrative
Clerk
6:30 pm
NEW BUSINESS/PENDING MATTERS
• Request for Insignificant Plan Change:
- Eversource Rt. 2 HDD Conduit, DET 417-29
Applicant present: Tori Fletcher of Eversource
Documents received:
- Request for insignificant plan change (10/05/2018)
- Utility sketches (10/05/2018)
Ms. Fletcher stated that they are requesting no change in conditions but are installing two more
lines (2 additional conduits) adjacent to their present work. Ms. Fletcher explained that the
change in plans consists of directional drilling as opposed to regular drilling.
Mr. Langseth inquired if the drill can be controlled that well.
Ms. Fletcher assured them that they can follow the drill to ensure that the drill head is going in
the correct path.
Ms. Dohan asked if there will be splice boxes installed.
Ms. Fletcher stated that there will be more splice boxes but they will be installed near the current
splice boxes so as to minimize the amount of impacted land.
There were no questions or comments from the audience.
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On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission approved 7-0 in
favor.
6:37pm
• Request for Insignificant Plan Change
- 160 Lincoln Street, DEP File No. 201-1081, BL 1038
Documents received:
- Request for Insignificant Plan Change (10/5/2018)
- HydroCAD Report (10/5/2018)
- Revised Site plan dated 10-3-2018 (10/5/2018)
- Engineering comments (10/17/2018)
There were no applicants present.
The Commission decided to postpone discussion until applicant was present.
• Certificates of Compliance
- 56 Turning Mill Road, DEP File No. 201-975 BL# 933
Documents received:
- Request for COC (9/18/2018)
- Revised As-Built site plan dated 7-1-2016 (9/18/2018)
Scott Smyers is present.
Mr. Smyers reported that plantings have been installed according to the Conditions. He affirmed
that the plantings have taken hold.
Ms. Mullins reminded the commission that additional plantings were done because of work
within the area(mowing) along the driveway which was in the buffer zone.
Mr. Smyers confirmed that the additional plantings were planted in 2016.
Ms. Mullins inquired about the mowing activity.
Ms. Dohan added that the residents have been compliant and consistent as far as she can tell in
regards to mowing.
There were no questions or comments from the audience.
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On a motion by Mr. Wolk and seconded by Mr. Langseth, the Commission approved the motion
in favor 7-0.
- 24 Hancock Street, DEP File No. 201-1020 BL# 977
Documents received:
- Request for COC (9/16/2018)
- Revised As-Built site plan dated 9-4-2018 (9/16/2018)
No applicants present.
Ms. Mullins stated that no site visits had been conducted. She reminded the Commission that the
Order of Conditions had been amended. Since that time they have put in a much bigger
infiltration system and the boundary markers in the back of the property have been installed.
Chairman Hamilton stated that since the applicant was absent the Commission would not vote.
Ms. Mullins suggested that the Commission issue the permit on condition that a site visit has
been conducted.
There were no questions or comments from the audience.
On a motion by Ms. Dohan and seconded by Mr. Beuttell the Commission voted in favor 7-0 on
conditions that Ms. Mullins completes a site visit.
6:43pm
- 10 Peachtree Road, DEP File No. 201-561, Bylaw No. 521
No applicants present.
Documents submitted:
- COC request (10-4-2018)
- As Built site plan dated 9-26-2018 (10-3-2018)
- HydroCAD report (10-3-2018)
Ms. Mullins reminded the Commission that when the Order of Conditions was issued in 2002
and they did not comply. The contractor dug at the property to investigate the infiltration system
and exposed more impervious cover. The provided information from the applicant was sent to
the Engineering Department and was given a favorable report.
There were no questions or comments from the audience.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted in favor 7-0.
- 85 Kendall Road DEP File No. 201-1048, Bylaw No.1005
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Documents received:
- COC Request (10/4/2018)
- As built site plan dated 9-21-2018 (10/4/2018)
- Photo receipts (10-9-2018)
No applicant was present.
Ms. Mullins described the restoration in the area. Oxbow Associates had completed the final
restoration plantings.
There were no questions or comments from the audience nor the commission.
On a motion by Mr. Langseth and seconded by Mr. Beuttell the Commission voted in favor 7-0
on condition that Ms. Mullins conduct a site visit.
6:48pm
• Issue Extension to Order of Conditions
- 6 John Hosmer Lane, Lot 5, DEP File No. 201-986 BL 4944
Documents received:
- Request for extension to Order of Conditions (10/2/2018)
Applicant is not present.
The Commission discussed the value of extending the Order of Conditions by only one year
when considering the amount of work that has been done thus far.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted in favor 6-1
in favor to extend the Order of Conditions with Mr. Wolk opposed.
- 16 Summer Street DEP File No.201-996, BL 953
Documents received:
- Request for extension to Order of Conditions (10/2/2018)
Applicant: Shelly Henderson and Ray Gabler
Ms. Mullins reminded the Commission of the court proceedings that held up work at 16 Summer
Street following the Order of Conditions that were issued in 2015. The Order of Conditions were
issued almost three years ago on November 17'h, 2015.
There were no questions or comments from the audience.
Mr. Langseth made a motion to extend the Order of Conditions for 3 years, seconded by Mr.
Beuttell, the Commission voted in favor 7-0.
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6:56pm
• Enforcement Status and Follow up: 4 Lake Street
Applicant: Andrew Chan
Mr. Chan began by discussing the letter of violation that he had received July 13th 2018.
Chairman Phil Hamilton stated that this hearing before the Commission is in order to get
retroactive approval for violating the Order of Conditions. The Chairman asked if wetland lines
were drawn.
Ms. Mullins confirmed that the wetland has been delineated.
Chairman Hamilton stated that the Commission is under the obligation to enforce the order and
that the Commission wants a definite commitment from Mr. Chan that he will file for a
retroactive filing for the brick patio installed within the Buffer Zone.
Mr. Chan hopes to file as soon as possible with an invasive species management plan with the
retroactive filing.
Chairman Hamilton stated that one may not remove invasive species from a wetland without a
permit.
The Commission discussed the possibility of dealing with the Notice of Intent for the patio
separately and deal with the species management under the Violation Order.
Mr. Langseth confirmed that there is no guarantee that this patio will be approved but that it is
the goal of the Commission to be the least disruptive.
The Commission will be waiting for the filing from Mr. Chan.
7:18pm
New Public Hearings
DEP File No. 201-XXX, BL XXXX
NOI, 11 Vine Brook Road
Applicant: Nick Pauling, Sramowicz Development LLC
Project: Proposed demolition and reconstruction of a single family dwelling
Documents received:
- NOI application (9/25/2018)
- Engineering comments (10/17/2018)
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Mr. Pauling described the proposed project which includes 50 sq. ft. of new impervious
coverage, an inlet drain for the driveway paver and restoration efforts along the buffer zone.
Ms. Mullins stated that the Engineering report had not been submitted yet.
Mr. Langseth inquired about the drainage design and whether it will comply.
Mr. Pauling confirmed that they presented the incremental impervious area coverage.
Mr. Langseth stated that total impervious cover is the most important number someone can
submit.
The Commission discussed the close construction to the setback limits which currently are
planned as three inches away from the setback limit.
Mr. Pauling confirmed that there will be a foundational framing as built submitted.
Chairman Hamilton recommended that they do not go right up to the 50 ft. buffer.
Mr. Pauling stated that they have a special permit pending approval by the ZBA.
Ms. Mullins stated that the Conservation Commission does require a foundation as-built.
Ms. Dohan asked to replace straw wattles with compost filter socks on the plans.
Mr. Beuttell raised his concern over lack of wetland data forms submitted and would like some
more expertise to review these plans. Mr. Beuttell additionally asked to identify the washed stone
in the infiltration system.
Mr. Pauling assured the Commission that there are existing wetland markers on the property.
Mr. Bitsko inquired about the foundation drain.
Mr. Pauling explained that that they want hydrostatic pressure to be relieved as to comply with
the wishes from the building department.
Ms. Ladd would like to know where the borings are.
Mr. Pauling discussed the setbacks and said that the applicant is flexible in adjusting to setbacks
that the Commission would be more comfortable with.
There were no questions or comments from the audience.
On a motion by Mr. Langseth and seconded by Mr. Wolk the Commission voted in favor 7-0 to
continue the public hearing to October 29.
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7:42pm
DEP File No. 201-1112, BL 1070
ANRAD, 91 Hartwell Ave
Applicant: Meridian Lexington Owner, LLC c/o John Cappellano
Project: Confirmation of the boundaries of jurisdictional Wetland Resource Areas
Documents received:
- ANRAD application (9/25/2018)
- Revised site plans dated 10-15-2018 (10/15/2018)
Richard Kirby and John Cappellano mare the presentation.
Mr. Kirby described modifications to the wetland boundaries. Mr. Kirby described the purpose
of this meeting was to confirm the proper design and function of the proposed storm water
swales in the parking lot.
Mr. Beuttell and Mr. Kirby discussed the jurisdictional authority that the Commission may or
may not have over the storm water features.
Ms. Mullins suggested the commission that the area was built as a storm water function but is not
being maintained and the area acts as a wetland. This means that if the area now functions as a
wetland, the Commission has jurisdiction over it.
Mr. Beuttell wanted to have the jurisdictional issue confirmed.
Chairman Hamilton requested Mr. Kirby and Ms. Mullins to seek a formal explanation from the
MassDEP to clarify this situation.
On a motion by and seconded by the Commission voted to approve 7-0 to continue the public
hearing to October 29.
DEP File No. 201-XXX, BL XXXX
NOI, 476 Marrett Road
Applicant/Property Owner: Andrew Huang
Project: Construction of a second-story addition/expansion of a single-family dwelling and
driveway resurfacing
Documents received:
- NOI Application (9/25/2018)
- Revised as built site plans 10-11-2018 (10/15/2018)
- Engineering comments (10/17/2018)
Richard Kirby (LEC Environmental), Andrew Huang (owner) and Al Gala(engineer)presented
the application.
Mr. Kirby described the proposed project.
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Chairman Hamilton confirmed with Mr. Gala that the driveway, which is directly adjacent to the
wetland, will be ripped up and widened.
Mr. Beuttell raised concern about the lack of efforts to mitigate storm water runoff
Mr. Langseth added that if the driveway does not move, it would not have to be counted as
impervious open space but if it is being torn up then it would have to be counted as open space.
The Commission discussed the infiltration system and the impact that this proposed project will
have on the neighbors.
Mr. Kirby asked the Commission for a brief recess. Chairman Hamilton obliged at 8:26pm.
At 8:29pm, Chairman Hamilton reconvened the hearing.
Mr. Kirby announced the decision to install pervious pavers for the entire driveway. There will
also be infiltration of more of the house run-off
Todd Rhodes of 482 Marrett Road, a non-direct abutter raised his concerns.
Mr. Rhodes stated his wishes for a well vegetated back yard.
8:42pm
On a motion by Mr. Bitsko and seconded by Ms. Dohan the Commission approved 7-0 to
continue the public hearing to October 29.
Other Business Cont.
• Approve Meeting Minutes: 9-17-2018, 10-1-2018
8:26pm
Ms. Mullins assured the Commission that the meeting minutes will be discussed at the next
meeting.
• Schedule site visits for 10/29/2018 Meeting
Ms. Mullins advised the Commission that they will be notified of the several site visits to be
completed.
• Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward
Directors, and Tree Committee
There were no reports.
8:28pm
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Ms. Dohan reported the proposed project at Cotton Farm.
8:42pm
Chairman Hamilton stated that the pending land acquisition will be postponed until the spring.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted to adjourn the
meeting at 8:44pm.
Approved 10-29-2018
Respectfully submitted,
Katie Luczai
Conservation Department Assistant