HomeMy WebLinkAbout2018-11-26-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday November 26, 2018
6:30pm
Parker Room
Town Office Building, 1625 Mass. Ave, Lexington, MA
Commissioners Present: Phil Hamilton, Alex Dohan, Ruth Ladd, David Langseth, Duke Bitsko
and Dick Wolk
Commissioners Absent: Kevin Beuttell
Others present: Karen Mullins, Conservation Administrator and Katie Luczai, Conservation
Department Assistant
6:30pm
Compliance Discussion: 430 Concord Avenue, 201-938, BL 897
Richard Kirby of LEC Environmental and Jim Tranghese of Dellbrook presented their upcoming
compliance filing to the Commission. Mr. Kirby has been overseeing the erosion control
monitoring and restoration efforts. Mr. Kirby has been working with Meridian Associates to
complete the as built survey. Mr. Kirby informed the Commission that they intend to file for a
partial certificate of compliance for the upcoming December 10th Conservation Commission
meeting.
Ms. Mullins informed the Commission that she visited the site about two weeks ago and
everything looked compliant.
An abutter, Ms. Sharon Hayes of 426 Concord Avenue asked if it would be possible for abutters
to visit the property in order to see the restoration efforts.
Mr. Jim Tranghese informed Ms. Hayes that he can schedule private appointments for visits if
contacted directly. Ms. Hayes and Mr. Tranghese exchanged contact information.
6:39pm
Cotting School new parking lot project update and installation of lighting
Ms. Megan Buczynski of Activitas, Bridget Irish and Mr. Bruce Emboi presented before the
Commission.
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Ms. Buczynski updated the Commission on the upcoming installation of lighting and other work
on the property. Ms. Buczynski explained that per requests from the Lexington Fire and Police
departments they are installing solar powered lights in the parking lot. One light will be installed
on an existing shed and another will be positioned on the edge of the parking lot. These lights
will be about 12 to 15 feet in height and will shed a 0.1 foot candle. Ms. Buczynski stated that
the positions of the lights are flexible and are willing to negotiate with the Conservation
Commission if they would like to move the lights to different locations in the parking lot.
Ms. Buczynski explained that there is currently a line of boulders that were placed when the
contractors first began work. The line of boulders currently is placed 8 feet within the 100 foot
buffer zone. A berm was installed in front of the boulder line to prevent run off Ms. Buczynski
informed the Commission that they can move the line of boulders to the official 100 foot buffer
zone line.
Ms. Buczynski continued to explain that they are lastly hoping to install a path through the
wooded area to the school before snow falls.
Ms. Mullins explained that the construction at the Cotting School falls under the Dover
Amendment which means they have limited zoning requirements. Lighting was not discussed as
a part of the original plan because of the Dover Amendment. Ms. Mullins reminded the
Commission that they had asked the Cotting School to provide updates to construction which
may impact the buffer zone.
Ms. Mullins voiced her support for moving the boulder line to the 100 foot buffer zone.
Ms. Buczynski stated that the light fixtures are shoebox LED lights.
Mr. David Langseth and Ms. Ruth Ladd voiced their support for moving the boulder line to the
100 foot buffer zone.
Ms. Bridget Irish explained that the lights will be motion sensitive.
Ms. Dohan suggested that boulders could be moved to the hatched areas of the lawn in order to
further limit where cars can move.
Ms. Buczynski stated that the gravel parking lot will have wheel stops installed.
Chairman Phil Hamilton voiced his support for moving the boulders to the 100 foot buffer zone
line.
Mr. Langseth asked if there was a distinct mowing line which would indicate where landscapers
should not mow
Ms. Buczynski stated that they will make sure that the "no mow" line is clearly marked.
Ms. Mullins inquired about where snow storage was indicated on the plot plans provided.
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Ms. Buczynski was unable where the snow storage will be on the property.
Approve Meeting Minutes from Conservation Commission meeting dated October 29, 2018
Motion to approve the meeting minutes from the October 29, 2018 Conservation Commission
were approved on a motion by Ms. Dohan and seconded by Mr. Duke Bitsko. Vote: 6-0.
Approve Meeting Minutes from Conservation Commission meeting dated November 13, 2018
Motion to approve the meeting minutes from the November, 2018 Conservation Commission
were approved on a motion by Ms. Dohan and seconded by Ms. Ladd. Vote: 6-0.
Site Visits
A site visit schedule for Saturday, December 8th, 2018 will be arranged and distributed to the
commission accordingly.
Reports
There has been no feedback received in regards to the buffer zone regulations.
Applicant's Request to Continue Hearing regarding 4 Lake Street, DEP 201-1116, BL 1073
Motion to continue the public hearing for 4 Lake Street, DEP 201-1116, BL 1073 to the
following Conservation Commission meeting on December 10th, 2018 at the applicant's request
by Ms. Ladd and seconded by Mr. Langseth. Vote: 6-0.
7:05pm
NEW PUBLIC MEETING
DET 4 18-23
RDA, 5 Hadley Road
Applicant: Quingmin Chen
Project: Installation of front steps
Documents Received: RDA application (11-6-2018), photos (11-6-2018),plans (11-6-2018)
Mr. Fred Tahmasian presented before the Commission.
Mr. Tahmasian explained the proposed construction for new steps leading to the front door. They
will be the same size. On the side of the steps will be rocks. Underneath the steps there will be
wood.
Ms. Mullins pointed out that the most important part of this construction is that there should be
erosion controls.
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Mr. Tahmasian explained that they are also installing a new front walkway which will be
comprised of gravel, sand and brick. This will be more permeable that what is currently there.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted to issue a
Negative Determination with conditions. Vote: 6-0.
7:llpm
DEP File No. 201-1112, BL 1070
ANRAD, 91 Hartwell Ave
Applicant: Meridian Lexington Owner, LLC c/o John Cappellano, Richard Kirby
Project: Confirmation of the boundaries of jurisdictional Wetland Resource Areas
Documents Received: ANRAD application with Plan (9-25-2018), Jurisdiction of Stormwater
Swales (11-20-2018)
Previous Hearings: 10-15-2015, 10-29-2018, 11-13-2018
Mr. Richard Kirby, Mr. John Cappellano and Mr. Mike Foster presented before the Commission.
Mr. Kirby submitted a revised floodplain map.
There was discussion regarding historic plot plans for 91 Hartwell Ave. Though there are plant
symbols on the plot plan, it was determined that they may not necessarily indicate wetlands.
Mr. Kirby stated that aerial photos from years ago match with the old plot plans that they have
reviewed.
Chairman Phil Hamilton agreed with the characterization of the storm water swale but did not
agree that the swale is necessarily outside of jurisdiction. Chairman Hamilton continued to state
that the regulations used in Mr. Kirby's evaluation of the area could interpreted to maintain
jurisdiction over the swale.
It was discussed and ultimately decided that both parties have conflicting interpretations of the
regulations.
Chairman Hamilton stated that it would be beneficial to see any superseding orders issued by the
MassDEP regarding cases like this one. Chairman Hamilton emphasized that what the
Commission decides on this case would set precedent for future cases of this nature.
Mr. David Langseth asked if the Commission does determine this area as a wetland would it then
have the same protections as any other wetland.
Chairman Hamilton confirmed that it would.
Ms. Mullins stated that before 1996 there was no requirement to include storm water
management.
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Mr. Kirby stated that if the area was determined to be a wetland that would have a significant
impact on the re-development of the area. Mr. Kirby continued to state that if the area is
determined to be a wetland, it can be agreed that it has low function and value. Mr. Kirby stated
that the area could be replicated on the property in an area contiguous to the remaining wetlands
on the property. Mr. Kirby said that the area, regardless of the Commission's decision, would
have to be brought up to today's standards.
Mr. Cappellano stated that the swale will be turned into a structure during construction.
There was discussion whether the swale would be considered a wetland under the local bylaws.
It was decided that the Commission would approve the wetland line delineated by the applicant
except that it would be noted that the swale (and perhaps additional drainage swales depending
on further investigational) could be subject to regulation as wetland under the local by-law.
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted to close the
hearing. Vote: 6-0.
8:03pm
DEP File No. 201-1114, BL 1072
ANRAD, 70 Hancock Street
Applicant: The Jillson Company c/o Jason Lavoie, Alex DiCrescentis and Charles Foster
Project: Confirm wetland area delineation
Documents Received: ANRAD application with Plan (10-9-2018), Wetland Data dated 9-18-
2018 (10-9-2018), Wetland Data dated 11-10-2018 (11-14-2018)
Previous Hearings: 10-29-2018, 11-13-2018
No one presented before the Commission.
Wetland data sheets were submitted.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted the close the
hearing. Vote: 6-0.
8:12pm
On a motion made and seconded, the Commission voted 6-0 to adjourn the public meeting.
Respectfully Submitted,
Katie Luczai
Conservation Department Assistant
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