HomeMy WebLinkAbout2018-12-10-COMCOM-min 1
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
December 10, 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 Kevin Beuttell
Commissioners Absent: Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Katie Luczai, Conservation
Department Assistant
6:30pm
Request for Partial Certificate of Compliance: 430 Concord Ave DEP4201-938 BL 897
Mr. Rich Kirby and Mr. Mike Capachietti presented before the Commission. Mr. Kirby
explained that the vegetation is continuing to germinate in the area. Mr. Kirby stated that he will
produce more detailed erosion control reports during the following monitoring period.
Mr. Capachietti explained that there have been two changes made during the construction of the
project that did not go before the Commission. One of these changes was to the proposed catch
basin. Instead of installing two catch basins the system was re-designed to install one larger catch
basin. This caused the driveway to be elevated in order to accommodate that change. The second
change, Mr. Capachietti explained, was the movement of the catch basin due to the location of
utilities. Additionally, Mr. Capachietti stated that temporary propane tanks were installed
because of the gas company strike.
Mr. Kevin Beuttell asked if updated engineering calculations could be submitted to the
Commission.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission issued a partial
certificate of compliance pending submittal of engineering calculations and final review by the
Conservation Administrator. Vote: 6-0.
Request for Certificate of Compliance: 39 Sherburne Road DEP4201-920, BL 880
Applicant has not submitted all material. Request has been postponed.
Request for Partial Certificate of Compliance: 98 East Street DEP 4201-1043, BL 1000
2
Ms. Jennifer Kennedy, the applicant, stated that in following with their compliance they have
removed the invasive species and have planted over 100 native species.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission issued the certificate of
compliance. Vote: 6-0.
Request for Certificate of Compliance: 5 Winding Road DEP4201-1070, BL 1027 (a.k.a. Lot 10
of 167, 173, 177 Cedar St)
Mr. Mike Capachietti presented before the Commission. Mr. Capachietti stated that in contrast to
the approved plan, a retaining wall was not constructed and the proposed patio was constructed
at a smaller size than proposed.
Mr. Beuttell raised his concern about the low elevation of the drain.
Mr. Capachietti stated that the drainage elevation was raised.
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission issued the certificate
of compliance pending a final site visit by the Conservation Administrator. Vote: 6-0.
Issue Order of Resource Area Delineation, 91 Hartwell Ave, DEP No. 201-1112, BL 1070
On a motion by Mr. Langseth and seconded by Ms. Dohan the Commission voted 6-0 to approve
the Order of Resource Area Delineation.
Vote to Accept Land Donation from David Burns, 40 and 42 Ridge Road (M. 61 P. 57G and
57F), totaling approximately 4.63 acres, and as shown as Lots Bl and Cl on recorded Plan 522
of 2015
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 6-0 to accept
the land donation from Mr. David Burns.
Approve Meeting Minutes: November 26, 2018
On a motion made and seconded, the Commission voted 6-0 to accept the meeting minutes.
Schedule Site Visits for January 71h, 2019 Meeting
It was decided that the site visits will begin at 9am going into the New Year.
C. 130 Regulations, Section 5(5) Buffer Zone Update
Mr. Bitsko and Mr. Hamilton attended the MACC workshop on buffer zones. Mr. Bitsko
reported that it was very helpful. It was led by two BSC consultants, Gillian Davies and
3
Ingeborg Hegemann, who provided a slide presentation and written materials (including a draft
model buffer zone regulation) and led an exercise on how to review a project in the buffer zone.
Regarding the Commission's draft of a new buffer-zone regulation, Ms. Mullins stated that she
heard back from one consultant and they recommended that there be more specific language.
7:OOpm
New Public Meetings/Hearings
DEP4201-1117, BL 1075
Arlington Reservoir, NOI
Applicant: Town of Arlington Recreation Department
Project: Bathing beach improvements and walking path improvement pilot test
Mr. John Marshall of the Arlington Recreation Department presented before the Commission.
Mr. Marshall gave an overview of the project, which will include the installation of a filtration
system and creating a pilot section of reconstruction on an existing pathway.
Mr. Mark Mariano of Weston and Sampson stated that the current building housing the filtration
system was built in the 1980's and is in need of renovation. There are currently "dead spots" of
water because the water is being constricted. They plan to create a loop system in the filtration
piping, which will help to skim the water. Everything in the surrounding area will be restored
back to its original condition.
Mr. Langseth asked if everything was going to be done in the dry.
Mr. Mariano confirmed.
Mr. Langseth asked if any outside pumping will be done.
Mr. Mariano stated that no outside pumping will be done during the project.
Mr. Beuttell asked if the work will involve any trees during the beach portion of the project.
Mr. Mariano stated that they will not be getting into the root system of the trees.
Ms. Cassie Bethoney of Weston and Sampson presented the proposed trail work. Ms. Bethoney
stated that there are 61 linear feet of trail that they will be working on. They are proposing to
stabilize the trail with flexible porous paving. The trail, Ms. Bethoney explained, will be
expanded to 6 feet in width.
Ms. Bethoney stated that the bank stabilization of the trail project will include installing coir logs
which will stack on top of themselves. This will slow down the water flow and allow for plants
to be established in the area. They intend on removing the invasive species and keeping all of the
trees. They will replant native species in due time. Ms. Bethoney stated that they currently have a
4
suggested planting plan but are continuing to work with their contractor and will design the plant
based on where the existing trees are.
Mr. Mel Higgins presented before the Commission with additional overview of the project. Mr.
Higgins stated that there are three different protected areas within the project area.
The first is the land under water. Mr. Higgins explained that the affected area would consist of
sand being disturbed in associated with the removal of existing pipe. New pipes will be installed
and covered with sand. No vegetation will be disturbed. The second is the water itself. Mr.
Higgins stated that the 100 year flood zone will not be affected. There will be no change in grade
or flood storage. The last protected area is the bank. Mr. Higgins stated that there will be 5 linear
feet of bank associated with the bathing beach improvements as pipe has to cross the area. There
are 60 linear feet associated with pipeline improvements. Mr. Higgins stated that the
improvements to the bank will help with the sediment in the water.
Mr. Langseth inquired about how the porous paving works.
Ms. Bethoney stated that to install the pavement they aerate and fill in the area with crushed
stone. They then pour 2 inches of porous pavement on top of the stone. Ms. Bethoney stated that
the material is similar to that of the rubberized material found on playgrounds that are made from
recycled tires. It will be an ADA compliant surface. Ms. Bethoney explained that in order to
install, the area affected will be limited and most of the work will be done by hand. The edges of
the path will be tamped.
Mr. Langseth asked what would happen if the material were to erode and get into the water.
Ms. Bethoney stated that the town of Arlington currently has the material installed in other
public places and they have not experienced the material breaking down so far. Ms. Bethoney
indicated that if the material were to erode and pollute the water the material and path would be
removed immediately. She reminded the Commission that this is why this trail section will be a
pilot study in order to see if this material could be installed for the entirety of the path.
Mr. Langseth raised his concern regarding stone paths and how they can erode.
Ms. Bethoney stated that they will be using 445 stones. The stone will apron around and feather
away from the path.
Mr. Beuttell raised his concern over the potential severing of tree roots.
Ms. Bethoney stated that they will work around the root systems as best as possible. They will
not cut anything greater than 2 inches in diameter. She confirmed that they are working with an
arborist.
Mr. Beuttell asked if erosion control blankets could be installed.
5
Ms. Bethoney explained that they are planning to lay a flexible mat on the area that will
disintegrate over time. The mat will be applied like hydro-seed applications which would
stabilize the soil. Ms. Bethoney confirmed that she will send details of this product to the
Commission.
Mr. Beuttell asked what their invasive species removal plan was.
Ms. Bethoney stated that they will use the cut and daub method and pull plants where it is
necessary. They will be using herbicides at most for maintaining their work.
Ms. Dohan inquired what the long term plan was for invasive species maintenance.
Mr. Marshall stated that it will depend on how long the phases of the project take. It will
ultimately depend on their resources.
Ms. Bethoney stated that all plants installed will be native to the area.
Mr. Bitsko asked about their timeline for planting.
Ms. Bethoney stated that these projects are on two different schedules. They will continue to
work with the contractor regarding the plant removal and plantings throughout the project.
Mr. Bitsko stated that in terms of erosion control that ice should be taken into consideration as it
can be destructive to erosion controls. Mr. Bitsko also asked that trees and plants be flagged and
approved by someone from the town.
Chairman Hamilton inquired about the maintenance of the trail surface.
Ms. Bethoney stated that the surface will need to be vacuumed in order to maintain its porous
surface or else the material will harden akin to regular asphalt.
Mr. Marshall stated that they do not currently own a vacuum needed for this maintenance but
plan on renting one.
Ms. Bethoney completed the presentation by stating that the trail project should take about a
week and an arborist will be on site during the entire project.
On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted to close the
hearing. Vote: 6-0.
7:46pm
DET418-24
57 Solomon Pierce Road, RDA
Applicant: Lisa Bloom
Project: Removal of trees and invasive species
6
The applicant, Ms. Lisa Bloom presented before the Commission. Ms. Bloom presented her
proposed work before the Commission. Their neighbor is very concerned about the potential for
falling trees due to snowfall.
Mr. Langseth asked if the application included invasive species.
Ms. Bloom stated that they intend on managing potential invasive growth where the tree removal
will be taking place.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted to close the
hearing. Vote: 6-0.
7:50pm
DET#18-25
359 Lincoln Street
Applicant: John Noonan of Noonan & McDowell, Inc.
Project: Soil Test
Mr. Richard Domings and Mr. John Noonan presented before the Commission. Mr. Noonan
stated that they intend on conducting a soil test. After the test is complete they will patch the
surfaces of earth that were exposed.
Ms. Dohan asked if they could use biodegradable compost tubes instead of straw wattles.
Mr. Noonan stated that they intended cutting open the straw and use the thatch. They would pull
the plastic out of the materials.
Mr. Langseth noted that compost silt sock are typically a very heavy material and could require
machinery to move.
Mr. Noonan stated that the test will only last about three hours so straw would make the most
sense for their project.
Mr. Langseth agreed.
Ms. Mullins asked the Commission if they had looked at the points of access on the property
during their site visit.
Chairman Hamilton stated that they did. He confirmed that there are points of access in the
corner of the property. The land is sloped but still accessible.
Mr. Langseth asked if any vegetation was going to be removed or impacted during their project.
7
Mr. Noonan stated that there is low vegetation density with various 1 to 2 inch saplings
throughout the property but the project should not impact them.
An abutter, Mr. George Valada, located at 367 Lincoln Street,presented before the Commission.
Mr. Valada raised his concern over the potential development of the property. He stated that the
trees in the area are rotting due to the amount of water in the area. Mr. Valada stated that the
neighborhood has experienced flooding problems that have become a growing matter. If the land
were to be developed Mr. Valada suspects the problem would become worse.
Chairman Hamilton reminded the audience that this application solely concerns soil testing on
the property.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission closed the hearing and
issued a Negative Determination with Conditions. Vote 6-0.
8:O1pm
DEP 4201-1118, BL 1074
26 Dane Road, NOI
Applicant: James Beasley (ZeroEnergy Design)
Project: Raze and rebuild an existing single family dwelling
Mr. Mike Capachietti, Mr. Rich Kirby, Mr. James Beasley, Ms. Stephanie Horowitz and Mr. Tim
Lee presented before the Commission.
Mr. Kirby stated that the new house is as far away from the wetlands as possible. The new
structure will be completely outside of the 25 foot no structure zone. They have an extensive
restoration plan. Mr. Kirby stated that the new construction will increase the impervious area by
250 square feet. On the rear of the property there will be a crushed stone patio laid with paver
stones.
Mr. Capachietti stated that the driveway will be a porous pavement. It will need to be swept or
vacuumed. Mr. Capachietti added that the patio will drain like a deck. He also added that the roof
runoff will be sent to the subsurface infiltration system.
Mr. Capachietti continued to explain that they conducted soil tests. They discovered that there is
no traditional parent material so they are proposing on excavating 2 feet of earth. They will then
add Title 5 sand.
Mr. Langseth noted that the property and surrounding areas are flat. Mr. Langseth asked about
water flow.
Mr. Capachietti affirmed that everything will flow to the drains.
Mr. Langseth asked if they had considered future structures on the property such as play sets.
8
Mr. Capachietti stated that as long as structures go no further than 1 foot into the ground then
nothing in the area should be impacted. Additionally, Mr. Capachietti explained that the retaining
wall on the property will act as a"no use" area.
Ms. Ladd asked if they could include FENO markers on everything.
Mr. Lee agreed. Mr. Lee added that all plants installed will be native to the area.
Ms. Horowitz added that the house will be energy independent and the home will be super
insulated.
An abutter, Mr. Andrew Harrower stated his concern over the grading of the property.
Mr. Rich Kirby confirmed that the single family dwelling will be raised in elevation by 1 foot in
the front of the property.
Mr. Harrower stated that about a meter of water accumulates on his property in the aftermath of
any storm. Mr. Harrower continued to state that there are few storm drains located on the street.
He stated that if the new driveway at 26 Dane Road is not cleaned regularly then it is assumed
that the runoff will flow onto his property.
Mr. Capachietti stated that everything is designed to flow towards the wetlands.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted to continue the
hearing until Monday, January 71h 2019.
Continued Public Hearings
DEP File No. 201-1116, BL 1073
NOI, 4 Lake Street
Applicant: Richard Chan
Project: Installation of brick patio within the 100ft. Buffer Zone
Requested a continuance until January 7, 2019.
On a motion by and seconded the Commission voted 6-0 to continue the hearing until January 7,
2019.
On a motion by and seconded the Commission voted 6-0 to close the hearing.