HomeMy WebLinkAbout2019-01-07-CONCOM-min 1
TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
January 7, 2019
6:30pm
Parker Room
Town Office Building, 1625 Mass. Ave, Lexington, MA
Commissioners Present: Phil Hamilton, Alex Dohan, Ruth Ladd, David Langseth, Duke Bitsko,
Kevin Beuttell and Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Katie Luczai, Conservation
Department Assistant
6:30pm
Issue Order of Conditions: Arlington Reservoir, DEP 201-1117, BL 1075
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 to issue the
Order of Conditions.
Issue Order of Conditions: 26 Dane Road, DEP 201-1118, BL 1074
On a motion by Mr. Langseth and seconded by Mr. Bitsko, the Commission voted 6-0 to
As-built Foundation Plan Change Request: 20 Cooke Rd, DEP 201-1089, BL 1046, foundation
setback approved at 31.4 feet but built to 28 feet
The applicant's representative, Chi Man, presented to the Commission the as-built foundation
plan which showed the foundation 3.4 feet closer to the wetland than proposed and approved.
The applicant stated that this mistake occurred because of differing plot plans provided by the
surveyor. Chairman Hamilton stated the seriousness of this mistake.
Mr. Langseth asked how it happened that the Conservation Commission permit conditions were
overlooked.
Mr. Man stated that the surveyor and builder were focused more on the zoning requirements.
Mr. Wolk confirmed that the property owner is the developer. This is the developer's first
project.
The Commission voiced the seriousness of this mistake. The Commission discussed the
importance of complying with conservation permits.
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On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 0-7 to deny
the as-built foundation plan change.
Request for Insignificant Plan Change: 119 Maple Street DEP 201-513 BL473
Ms. Kathryn Flanagan presented before the Commission. Ms. Flanagan stated that there are
hemlock trees on her property which are currently threatened. In order to preserve the hemlock
trees she asked the Commission to approve the use of an agricultural oil. The oil will be sprayed
twice per year by SavaTree. The spray is 1% horticultural oil mixed with water. Without the
spray applied, it was predicted that the tree would die within 4-10 years.
Mr. Langseth stated that in certain situations treatments can also be injected into the roots and
asked if such treatments were part of the plan.
Ms. Flanagan stated that injection was going to be proposed as a back-up plan however injecting
the roots is more obtrusive and so that idea was disregarded.
On a motion by Mr. Beuttell and seconded by Mr. Wolk, the Commission voted 7-0 to approve
the insignificant plan change.
Request for Insignificant Plan Change: 45 Bedford Street DEP 201-1097 BL 1054
Continued until January 28, 2019.
Request for Certificate of Compliance: 61 Turning Mill Road DEP 201-1007 BL 964
On a motion by Mr. Wolk and seconded by Ms. Ladd, the Commission voted 7-0 to issue the
certificate of compliance pending a site visit by Ms. Mullins.
Request for Certificate of Compliance: 18 Cooke Road DEP 201-869 BL 827
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to issue
the certificate of compliance.
Request for Certificate of Compliance: 5 Winding Road DEP 201-1058 BL 1015
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission vote 7-0 to issue
the partial certificate of compliance.
Approve Meeting Minutes: 12-10-2018
Postponed until January 28, 2019.
Site Visits for January 28, 2019
It was confirmed that site visits will begin at 9am on Saturday, January 19.
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Reports Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee
Ms. Dohan told the Commission about the upcoming presentation to adopt the Town of
Lexington as a Bee City. This would include educational programs. CLC is the non-profit
sponsor.
7:OOpm
New Public Meetings/Hearings
DET 18-26
RDA, 16 Longfellow Road
Applicant: Sheldon Corporation
Project: Confirmation of absence of jurisdictional resource areas on subject site
Scott Smyers of Oxbow Associates presented before the Commission.
Mr. Smyers stated that there is a depression in the back of the property which had been
discovered by the Conservation department as a potential wetland which is why they are before
the Commission today. Mr. Smyers stated that he conducted soil tests and therefore does not
believe that the results meet the criteria that would deem the rear of the property as a wetland.
There are no hydric soils.
Mr. Langseth asked if there are any restrictions on filling the land.
Mr. Smyers stated that there are no restrictions for a single family home.
Ms. Mullins added that there are stormwater management guidelines that must be followed if the
property is greater than 1 acre. Drainage has recently become the top complaint by residents.
Mr. Langseth stated that flooding and drainage are likely to be a neighborhood issue, and that
filling the low area on this property could affect other properties.
Mr. Beuttell asked if this property could be treated as isolated land subject to flooding.
Chairman Hamilton noted that the applicant had not provided a calculation showing that the
depressed area did not meet the Lexington definition of Isolated Land Subject to Flooding and
suggested that the hearing be continued until the applicant can provide that calculation. The
applicant agreed to do that.
Mr. Bitsko suggested that stormwater storage be directed elsewhere on the property.
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Mr. Langseth stated that there appears to be a Swale along the property line that drains to the
depression in the rear of the property.
An abutter, Mr. Edison Tan located at 15 Longfellow Road raised his concerns. He stated that a
couple of times per year following storms that a very large area of water accumulates among
several abutting properties.
An abutter, Ms. Susan Foster located at 8 Longfellow Road raised her concerns. Ms. Foster
stated that it is not just in the winter when water collects. She stated that if the land in the rear of
the property is filled then the water will be displaced and will pool to a greater degree on the
abutting properties.
On a motion by Mr. Beuttell and seconded by Mr. Wolk, the Commission voted 7-0 to continue
the hearing at the applicant's request until the meeting of January 28.
7:18pm
DET 18-27
RDA, 27 Constitution Road
Applicant: DPW, Town of Lexington
Project: Upgrade to existing Constitution Road Wastewater Pump Station
Mark Barrett of the Lexington DPW presented before the Commission.
Mr. Barrett stated that the wastewater station was constructed in 1973. It is currently reaching the
end of its useful life. Mr. Barrett stated that the wet well will stay in place. A new valve pit will
be installed adjacent to the wet well within the right of way. Mr. Barrett explained that the trench
work will be take place in the street. They will be using compost silt socks and catch basins.
Mr. Barrett explained that the wetlands are not delineated but they are aware that it is the head
waters of Kiln Brook is nearby.
Mr. Bitsko confirmed that they plan on removing one tree for the proposed work.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to issue a
negative determination with conditions.
7:23pm
DEP 201-XXX BL 1076
Notice of Intent, 244 Wood Street- MIT Lincoln Labs
Applicant: MIT Lincoln Labs
Project: Proposed electrical building modifications within the 100 foot buffer zone
Ms. Ruth Ladd recused herself.
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Mr. Chris Nowak of VHB presented before the Commission.
Mr. Nowak stated that for the project they will be bringing in a fourth feeder electrical line onto
the site at the northern edge of the facility. They will additionally be installing a new duct bank.
Outside of the buffer zone there will be draining improvements made on the property in
conjunction with some parking area reconstruction.
Mr. Beuttell asked if vegetation removal could be well documented and provided to the
Commission.
Mr. Nowak stated that there will be vegetation removal about 20 feet off of the rear of the
building.
Mr. Beuttell stated that there are obvious erosion problems on the property.
Mr. Langseth raised his concerns over the hill slope work. Mr. Langseth continued on to state
that much of the proposed work is left to the contractor to fulfill without enough detail for the
Commission to evaluate at this time.
Mr. Nowak stated that in order to prepare for the work by the contractor they will be installing
additional erosion controls.
Mr. Langseth agreed that installing additional controls will be helpful but the contractor will still
be obligated to abide by the conservation permit.
Mr. Novak stated that they have test pit information.
Mr. Beuttell and Mr. Novak discussed the concerns regarding the proposed drainage system.
On a motion made by Mr. Beuttell and seconded by Mr. Bitsko the Commission voted 7-0 to
continue the hearing until January 281h, 2019, at the applicant's request.
8:O1pm
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
Mr. Andrew Chan and Mrs. Erica Downs presented before the Commission.
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Mr. Chan stated that he is proposing to remove the brick patio and enlarge planters. There will be
a 6 inch wide channel of crushed stone and piping. Mr. Chan added a permeable barrier on the
south side of the patio.
Chairman Hamilton noted that Mr. Chan, a civil engineer, certified his own plans. Chairman
Hamilton raised his concerns regarding the ethics of this action.
Mr. Langseth stated that if the entire construction process is well documented and photographed
then that would be sufficient for him.
Ms. Cynthia Sherman, an attorney representing 2245 Massachusetts Avenue spoke on behalf of
the abutters.
Ms. Sherman stated that Mr. Chan certifying his own plans is self-serving. She reminded the
Commission that this applicant is here today after violating the town bylaws and is asking for
forgiveness rather than permission. Ms. Sherman added that the applicant, Mr. Chan has violated
the regulations before. Ms. Sherman stated that her clients are concerned about the elevation of
the land and how that will affect the flow of the water.
Chairman Hamilton stated that there are spot grades.
Mr. Chan stated that the lower patio is addressed in the plans and engineering memo. Mr. Chan
added that the water draining will be captured by the patio.
Mrs. Downs described the vegetation management plan.
Mr. Bitsko stated that it is important that the herbicide be applied by a professional.
Ms. Ladd stated that the monitoring period should be 2 years.
Ms. Mullins asked what the expectation was for enforcement.
It was decided that enforcement will be treated as a separate issue. The vegetation management
plan discussion will be continued until the spring, since Ms. Downs testified that no planting
would be done before then.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to close the
hearing.
8:41pm
DEP 4201-1118, BL 1074
26 Dane Road, NOI
Applicant: James Beasley (ZeroEnergy Design)
Project: Raze and rebuild an existing single family dwelling
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On a motion made by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 to
close the hearing.
On a motion made by Mr. Beuttell and seconded by Mr. Wolk, the Commission voted 7-0 to
issue the order of conditions.
On a motion by and seconded the Commission voted 7-0 to adjourn the meeting.