HomeMy WebLinkAbout2018-08-20-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
Monday August 20, 2018
6:30 P.M.
Parker Room, Town Office Building
1625 Massachusetts Ave
Chair Philip Hamilton opened the meeting at 6:30pm in the Parker Room of the Town Office
Building
Commissioners Present: Phil Hamilton, Ruth Ladd, Kevin Beuttell, Duke Bitsko, Richard Wolk
Others present: Karen Mullins, Conservation Administrator and Jennifer Gingras, Administrative
Clerk
6:30 pm
NEW BUSINESS/PENDING MATTERS
• 75 Hayden Ave, limit of Work boundary expansion and revised wetland restoration
Presenter: Michael DiMinico, King Street Properties and Doug Hartnett, High Point
Engineering
Mr. Hartnett stated that the contractor cleared beyond what was the limit of work. The
tree company cleared more than what was approved. They want to continue with the
culvert work but also proceed with the restoration plan.
Ms. Ladd asked what the total impact was. Mr. Hartnett responded it was about a total of
3000 sq ft.
Mr. Beuttell asked if the other culvert work has been completed (yes, substantially). Mr.
DiMinico stated they are working on creating a channel and they have a temporary plan
in place that they are putting mats down and plan to seed it. They will also restore one of
the areas with a roadside seed mix. Mr. Beuttell asked the applicants if there is any other
work that will be going on in the wetlands (just the culvert work). Mr. Beuttell asked if
the contractor is comfortable with what's on the plan (they will make sure).
Mr. Hamilton asked how big the trees were that were taken down (Mr. DiMinico stated
that he would guess 8-20" in diameter and they are mostly red maples. The planting
schedule has a total of 16 trees and 100 shrubs).
Mr. Wolk asked if all the shrubs were on the approved list(yes, except for witch hazel,
but that is native).
Mr. Bitsko asked what the mitigation timeline is (up until October 15).
Mr. DiMinico stated that once the garage is finished, they will begin the building
construction.
Mr. Hamilton asked when the monitoring will begin to make sure everything is growing
(The monitoring will begin in the Fall, which begins the cycle. They are a year ahead on
the old order). Mr. Hamilton stated that maybe they should specify the progress of the
plantings and add it as a condition.
On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 5-0 to
approve the insignificant plan change.
Grant of Conservation Restriction, Rao, Lot 6, 5 John Hosmer Ln
This is a conservation restriction not approved by DET. Ms. Mullins stated that they
heard from the state that they approved the conservation restrictions. The Conservation
Commission can approve it subject to the approval of Town Counsel.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 to
approve the grant of the conservation restriction.
• Issue Orders of Conditions:
- 213 East Street DEP File No. 201-1106, Bylaw No. BL 1064
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 5-0 to
issue the Order of Conditions.
- 16 Cedar Street, DEP File No. NA, Bylaw No. BL 1061
On a motion by Mr. Wolk and seconded by Ms. Ladd, the Commission voted 5-0 to issue
the Order of Conditions with the condition that a year of monitoring be done.
- 0 Diana Lane, DEP File No. 201-1104, Bylaw No. BL 1062
On a motion by Mr. Wolk and seconded by Ms. Ladd, the Commission voted 5-0 to issue
the Order of Conditions.
• Request for Insignificant Plan Change, Fire Station, 45 Bedford St., DEP 201-1097, BL
1054, Revise property boundaries per survey, utility locations, and connections
A representative was not present. Ms. Mullins confirmed that no follow up has been
received.
• Enforcement Update: 609 Waltham St, vegetation clearing
Ms. Mullins stated that a week ago on Friday, she noticed an excavator out at 609
Waltham St. There is another lot adjacent to it owned by the family. As she was driving
by, she noticed clearing taking place and she notified them to cease work. Ms. Mullins
did not receive any outreach from the owners. She sent out a notice of violation. They
had hired LCD and the clearing is just going up to the flagging. Mr. Hamilton asked if it
looks like they are complying (they haven't responded to the letter. They were just
notified they were clearing without a permit). The commission agreed that once they
respond to the letter,they will meet with them.
• Meeting Minutes: 8/6/2018
On a motion by Mr. Beutell and seconded by Mr. Wolk, the Commission voted 5-0 to
approve the meeting minutes of August 6, 2018.
• Planning Board Project Comments
Ms. Mullins stated that National Development wants to see if the Conservation
Commission has any more comments. The other item is the Stormwater Management
Systems will not release any discharge. At this point, they are proposing to stay outside
of jurisdiction. As part of the development, the Greenway Corridor Committee has
proposed that a trail be put in to connect Watertown Street to Pleasant Street. It is
proposed to hug along the Mass Ave./Rt. 2 easement. It would be in the buffer zone and
riverfront as well. Ms. Ladd asked if the Commission already asked if they could put
restrictions (yes).
• Buffer zone Regulation Amendments
They will all be brought up to date at next meeting.
• Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward
Directors, and Tree Committee
7:00 pm
NEW PUBLIC MEETINGS/HEARINGS
DEP File No. 201-XXXX, Bylaw No. BL XXXX
NOI, Marshall Road
Owner/applicant: Town of Lexington DPW/Engineering
Project: Reconstruct the sewer pumping station and provide emergency generator within the 100-
foot BVW buffer zone
Presenters: Dave Pavlik, Engineering Department, and Barry Pierce, Wright-Pierce Engineering,
Mr. Pierce stated that the pumps and wet wells were last updated 50 years ago. There is an
existing control cabinet and some structures below grade. There is a wet well down below that
houses the pumps and switches, etc. They are trying to remove dangers for operators and town
staff. It is a confined, damp space and can be a dangerous environment. In accordance with the
Town's Capital Improvement Plan, they are proposing to provide a generator to keep power
going during a storm, which will also allow for a safer environment. This site has been
challenging because it is very confined and is at the end of a cul-de-sac. It currently services 2
sewer services at the Pheasant St and Marshall Rd area. During the preliminary informal
meeting, they had discussed building a stand-alone unit and transferring it over but because of
the location of the drainage easement, they will now need to remove and replace the unit. The
design also incorporates a stand-alone valve structure. They will be able to manipulate above
grade and incorporate a bypass structure. They have a drainage easement that flows into the
existing wet well. The wet well is going to be 23 ft deep. The next structure to the valve vault
will be 17 ft. The control cabinet and the generator will be put in place about 2 ft deep below the
frost line. They have a concrete pad for the 2 pieces of equipment to sit on. Because they don't
have the availability for natural gas and propane was too dangerous, they have designed a diesel
generator. The tank has a fill port. They will incorporate drip prevention into the concrete pad.
There will also be a double walled tank with alarms if it's breached. In the restoration of the
property, it's currently on a majority of grass. The control cabinet will sit on a gravel bed. They
will use compost berms on the back side for extra barrier protection. During construction, they
have proposed limit of work and silt sacks. They also planned on putting inkberry bushes in as
well, which their environmental manager suggested. During the site walk, they mentioned
restoration in the buffer area. They could do that but they don't think they will be disturbing
very much.
Mr. Pavlik stated that they are proposing audio alarms and will also be upgrading the remote
alarm system.
Mr. Beuttell asked how the tank gets refilled (a remote truck,just like homes with an oil tank).
Mr. Beuttell asked if a detail of the concrete pad can be provided (yes). Mr. Beuttell asked if the
invasive burning bush in the area could be replaced (yes).
Audience Members, Mr. and Mrs. Michael and Marilyn Fenollosa of 10 Marshall Rd stated that
they are completely satisfied with the proposal.
On a motion made and seconded, the Commission voted to close the hearing at 7:14 pm.
Continued Public Meeting/Hearings
7:15 pm
DET 18-16
RDA, 57 Cary Ave
Owner/Applicant: M. Berliner
Project: Rear cantilevered roof awning over deck within the 100-foot bordering vegetated
wetland (BVW) buffer zone
The applicant was not present. Ms. Mullins stated that the applicant would like to put a 99 sq. ft.
overhang over the existing deck. The house is adjacent to 55 Cary Ave. The awning will have
no structural supports on the ground and will extend 4.5 ft from the house. It falls right at the 50
ft. buffer. The wetlands on this property have not been delineated. The building permit is
currently on hold.
The Commission discussed making this application a precedence to keep people from doing
work inside the 50 ft buffer zone. Ms. Mullins stated that the awning is over an existing deck
structure. Ms. Ladd asked if run off be an issue (Ms. Mullins responded that it will not be an
issue as it falls right on the existing deck structure). Mr. Bitsko asked Ms. Mullins what the
purpose of the awning will be (Ms. Mullins stated that the owners wanted a screened in area to
keep bugs off them while they sit outside).
Ms. Mullins stated that the Commission can place a condition on the decision to not convert the
space to anything other than an awning.
Mr. Hamilton stated that he would like the applicant to know that even though this is a small
project, it's something the Commission takes very seriously.
Mr. Wolk stated that although the project is very minor, he would still like to see a plot plan.
On a motion by Mr. Beauttell and seconded by Ms. Ladd, the Commission voted 5-0 for a
Negative Determination with the condition that they receive a photograph of the work once
completed.
7:27pm
DEP File No. 201-1105, Bylaw No. BL 1063
NOI, 3 Third St
Owner/applicant: M. Levitt
Project: Construct an addition within the 100-foot BVW buffer zone
*Issue Order of Conditions if hearing closes
Mr. Hamilton read the updated Engineering Department comments into the record.
No further comments from the applicant.
On a motion made and seconded, the Commission voted to close the hearing.
On a Motion by Mr. Wolk and seconded by Mr. Beauttell, the Commission voted 5-0 to issue an
Order of Conditions.
7:29 pm
DEP File No. 201-1103, Bylaw No. BL 1060
NOI, 1 Fulton Road
Owner/applicant: R. Salafia and P. Rice
Project: Construct sunroom, shed, and deck additions within the 100-foot BVW buffer zone
Mr. Hamilton read the additional comments from the Engineering Department into the record.
Mr. Bitsko asked if the Commission received an O&M report. Ms. Ladd stated that an O&M
report is not required for this type of work.
On a motion made and seconded, the Commission voted to close the hearing.
An Order of Conditions will be issued at the next meeting.
7:35pm
DEP File No. 201-1102, Bylaw No. BL 1059
NOI, 99 East Street
Owner/applicant: 99 East Street LLC
Project: Demo and construct new house within bordering land subject to flooding (BLSF), the
200-foot riverfront area, and the 100-foot buffer zone from bank and BLSF
Ms. Dohan recused herself from the hearing.
Presenter: Scott Smyers with Oxbow Associates and Peter Daus-Haberle
Mr. Smyers stated that the Commission had a question on the elevation calculations for the flood
zone. As part of inquiry with engineer, they determined the elevations to be between 181 and
182. They also reduced the size of the driveway. 750 sq. ft. of currently impervious surface will
be converted to lawn. They will also be removing the shed, and driveway, and provide invasive
plant control and restoration of the wetlands.
Ms. Mullins stated that the Engineering Department has not replied back with comments.
Ms. Ladd asked Mr. Smyers if the idea is to have all the water from the driveway go down to the
curb (the spot elevations are on there. The idea is that it will all go into the infiltration).
Ms. Mullins stated that normally the engineer would design it with a depression. The issue with
curbing is that it could impact the flood plain. The issue could be solved by dropping the trench
drain down a couple of inches.
The Commission stated that the trench drain would be satisfactory.
Mr. Beuttell stated that he appreciates the changes and the comments he has are about
documentation. Mr. Beuttell stated that the Commission needs to see where they are filling and
cutting and the amounts. They also need to see more proposed spot grades. His concern is that a
contractor won't have a clear direction on what to do. Mr. Daus-Haberle stated that he counts 32
spot elevations around the house and 14 around the house at every corner and around the patio.
Mr. Beuttell stated that it needs to be clearer on the plan where the spot elevations are. Mr.
Beuttell stated that one of the conditions is that they will require an as-built survey to confirm the
grade.
Mr. Smyers stated that according to the regulations, the proposed work doesn't exceed the
existing landscaped yard. It does exceed the 10% of the riverfront area on the property.
Mr. Beuttell asked what the total area of disturbance is (30,050 sq. ft. of proposed disturbance,
including the existing yard). Mr. Beuttell stated that it's not clear to him how much above the
10%they are going.
Mr. Bitsko stated that they need more robust shrubs and trees on the property and would like to
know the quantity of the plantings and the species.
Mr. Hamilton stated that they need the comments from the Engineering Department and
clarification on the elevations, along with more spot grades around the patio and infiltration
system and more explanation of calculations. If all the requests are met at the next meeting, they
will issue the Order of Conditions at that time.
On a motion made and seconded, the meeting was adjourned at 8:17 pm.