HomeMy WebLinkAbout2018-09-04-CONCOM-min TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
DRAFT MINUTES
Tuesday, September 4, 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, Duke Bitsko, Kevin Beuttell,
and Ruth Ladd
Others present: Karen Mullins, Conservation Administrator and Jennifer Gingras,
Administrative Clerk
6:30 pm
NEW BUSINESS/PENDING MATTERS
• Request for Insignificant Plan Change, Fire Station, 45 Bedford St., DEP 201-1097,
BL 1054, Revise plan to remove vehicle wash stormwater runoff connection to
wastewater system as required by engineering
Presenter: Kevin C. McGarry, Senior Civil Engineer, Fuss & O'Neill, Inc.
Mr. McGarry stated that at the August 6, 2018 meeting, he had presented several changes to
the Commission, such as a water and oil separator. The Commission asked him to look into
installing a separator on the line. They looked into it but found that the separator isn't
designed to handle high flows. Because of this, they are now proposing to replace the
separator with a catch basin and pump. The trap hood will be replaced with a baffle. The
floatable liquids will get trapped on top and water will be forced to flow out into the sediment
flow bay and into a retention system. Overall, it will provide an additional level of
pre-treatment.
Mr. Beuttell asked Mr. McGarry what needs to be done from an O&M standpoint(nothing
yet, it will be inspected the same way as a catch basin with a deep pump would be). Mr.
Beuttell stated that in his opinion, as long as it's clarified to when it's inspected and cleaned
out, it's a reasonable change.
Mr. Hamilton stated that they can state that in the conditions.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 to
approve the insignificant plan change.
• Request for Certificates of Compliance:
- 15 Oxbow Rd, DEP File No. 201-1073, BL 1030, JMG Development
Ms. Mullins stated that she received an additional plan showing that the grading did go to the
catch basin. The applicants also submitted a photo to show the water is draining and
she met with them on site to verify site conditions. The applicants addressed the
O&M update because the catch basin will probably need more cleaning than it
normally would.
Mr. Hamilton asked if the applicants are in compliance except for the insignificant plan
change (Ms. Mullins responded yes).
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 to issue a
Certificate of Compliance with an insignificant plan change.
- 82 Grant St, DEP File No. 201-988, BL 945, Levitt
Ms. Mullins stated that at the August 6, 2018 meeting the Commission discussed what the
applicant would need for restoration. Ms. Mullins did not receive a plan but received
information that the work was completed and plantings were implemented on site.
Ms. Levitt stated that she did submit a plan, and the plants were put in. She had a good
understanding of what needed to be done and realizes now that she should have
showed the Commission before completing the work. There are still some evergreens
that need to get put in. Ms. Levitt presented a plan to show the plantings put in. The
reason that they went ahead and did the work is because they couldn't find anyone in
Lexington that would work with them for landscaping and ended up finding someone
out of Concord that could do the work right away.
Mr. Hamilton stated that the Commission needs to visit the site before the issue the Certificate
of Compliance.
Ms. Mullins stated that while the Commission is out on the site, they need to look at the 25 ft
buffer markers and make a decision on what they want the applicant to do with them.
• Issue Orders of Conditions:
-Marshall Road, DEP File No. 201-1108, Bylaw No. BL 1066
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 to issue
the Order of Conditions.
- 1 Fulton Road, DEP File No. 201-1103, Bylaw No. BL 1060
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 to issue
the Order of Conditions.
• Request for Memorial Bench Placement at Chiesa Farm for Beth Carrigg Beers,
September 25, 1964 - August 18, 2018
The Commission discussed the issue of not having a policy in place for memorial benches.
They will have to re-visit the discussion.
• Request for insignificant plan change: The Homes at Hobbs Brook, DEP File No.
201-1101, BL 1058, Revise proposed path layout to address Planning Board and
Conservation Commission permit conditions
The applicant showed the plan for the trail to the Commission. The new location of the trail
will cause less disturbance in the riverfront area and more improvement.
Mr. Beuttell stated that the sediment fore bay will need additional maintenance and asked
where that will take place (between buildings C and D).
Mr. Bitsko asked if the Cambridge Water Department is aware of the plan (yes, they have a
letter on file).
Ms. Mullins asked the applicant if they showed the plan to Eversource since they have an
easement(They had conference call with Eversource on Friday and they discussed
path and access).
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 to
approve the insignificant plan change.
• Enforcement Updates:
- 609 Waltham St, vegetation clearing
Ms. Mullins stated that as of August 27, 2018, no further work has been done and she has not
received further contact from the property owner. Mr. Beuttell stated that restoration
needs to take place to address the clearing. Ms. Mullins stated there is a 25 ft. no
disturb area and it's cleared up to the flagging. The question is if they need to do
restoration within the 25 ft. buffer. Ms. Ladd asked if the letter was sent certified (yes;
however, the owner is deceased and the family members are now involved). The
Commission agreed to having Ms. Mullins send another letter to the property owners
and also contact LEC to see if they can provide any information.
- 4 Lake St., Chan [past permit approvals: 201-940, BL 899 (2015) and 13-19
(2103)]
Ms. Mullins stated that she had a meeting with the property owner on August 22 to go thru
her letter to him and make suggestions. She also asked for a restoration plan and time
table. The owner told her that he would provide a response.
- Eversource, new electrical duct bank install without notification and permits
between Marrett Road Substation and Lincoln Street within Cambridge River
Watershed and Hobbs Brook protected resource areas
Presenters: Jennifer Bataro with Eversource, Denise Bartone with Environmental Dept of
Eversource, Mark Waldwin, Director of Electric Field Operations, Don McCab with
Eversource, Mike Sweeney, Manager of Conduit and Digsafe
Eversource immediately contacted Ms. Mullins as soon as they discovered the problem. Mr.
Waldwin stated that they want to restore the area as quickly as possible. Ms. Bartone
presented the Commission with site photos. When the environmental department of
Eversource go onsite, they stopped work immediately and installed erosion controls
before work began again. When Ms. Mullins went out there, she told them to stop all
work on site until they received permission from the Conservation Commission.
Ms. Mullins presented photos she took on site.
Eversource is proposing to do a New England seed mix along the disturbed soil areas. On the
edge of bank, they will put in vegetation and seek guidance from the Commission on a
planting list for plants that would be compatible. There is also a lot of trash and old
tires in the area and trash inside the river. They would like to help by removing the
trash and material in the area.
Mr. Bitsko asked if the line shown on the plan follows the access road (yes, they can't have
too many bends in the conduit system so it appears to follow the road. They will have
to get to the man holes to make repairs so they would only need access to the man
holes from the existing sites).
Ms. Bartone stated that they are clipping the 100 ft. buffer zone resource area. They have
installed erosion controls and are looking to remove the stockpile as part of the
restoration. Mr. Sweeney stated that the distance between manholes is 500 ft but they
will be using GPS to provide a more accurate plan. They will also be putting in
compost tubes for erosion controls instead of straw waddles.
Ms. Bartone stated that they have some discharge of sediment in the area and they are
requesting to be able to go in with a hand tool to stabilize the area. The sediments
consists of material from along the existing access road, not foreign material. The
existing road also has a culvert and they have to open it to see how deep it is and if
there's enough room to go above it or underneath.
Mr. Beuttell asked what the rough dimensions of the duct bank are (24 ft by 24 ft).
Mr. Bitsko asked if the access road is going to remain between manhole B and manhole A
(yes).
Ms. Ladd asked if any trees were cut(no).
Eversource stated they are asking to remove the straw waddles and provide compost. In the
area where the vernal pool area is, they are proposing to remove the sediment with
hand tools, scrap it out, remove the waddle and pull back the material along the access
road and restore with conservation seed mix.
Ms. Ladd asked what the depth of the sediment is (about 1/8"). Ms. Ladd stated that she
recommends staying out of the pool, as it would be worse to have people doing work
in there (Eversource responded that they can pull it back and put in a conservation
seed mix). Ms. Ladd asked if they could put shrubs in instead (yes).
Mr. Bitsko requested that they do a site walk as soon as they get the restoration plan.
Eversource stated that they would like to start the restoration right away. Mr. Hamilton
responded that they need a better restoration plan and Eversource needs to work with
Ms. Mullins.
Eversource stated that the plan will show the angles and limitation of work. There is also a
time sensitive perspective and they are proposing to do HDD (horizontal directional
digging) outside of manhole E, go underneath the river, and rise up 500-600 ft on the
other side. It would go approximately 12 ft deep. Ms. Mullins is concerned about the
200 ft. buffer and would like it confirmed and updated on the plan set. Eversource is
requesting to start the HDD before they file the Notice of Intent.
Mr. Hamilton stated that they would not be able to start HDD before the Notice of Intent is
filed. Eversource needs to work with Ms. Mullins and keep the Commission
informed. The Commission may be able to issue the Order of Conditions at the time
of the hearing. Mr. Hamilton asked how long the HDD will take (approximately 2
weeks).
Eversource asked the Commission if they can do a pilot hole to see how far they can get
across before hitting ledge.
Mr. Hamilton asked how big the boring will be (about 1.5 inches). Mr. Hamilton asked if it
will follow the same route and be 12 ft. under(yes).
Mr. Bitsko stated that in the Notice of Intent, Eversource can provide an alternative to the
HDD so they have something approved if the first plan doesn't work.
Mr. Hamilton asked if there will be erosion control if they approve the test boring. Ms.
Mullins stated that she needs more details on the test boring before it can be allowed.
Eversource stated that they will have a frack pond available so it won't sink into the
resource area and they would have to do the work regardless.
The Commission stated that they would want to know where they are setting up and where the
catch basin would be before they approve it(they can provide that description).
Ms. Mullins stated that she needs a better plan to approve.
Eversource asked the Commission if there will be formal enforcement. Mr. Hamilton stated
that if the person is immediately cooperative, they don't insist on formal enforcement
order but they may have to have the plan made part of the order.
Mr. Bitsko requested Eversource to provide specifications on the New England wetland mix.
Continued Public Hearings
7:58 pm
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
Presenter: Scott Smyers with Oxbow Associates
Mr. Smyers stated that they added spot elevations as requested. For the elevations for the
flood plains, they have a breakdown table to show the impacts at each elevation and a total
volume. They also added 160 shrubs and 24 trees to make it denser than what was proposed
previously.
Mr. Hamilton read the comments from the Engineering Department.
Mr. Beuttell asked if the existing and proposed elevations are accounted for in the flood plain
calculations (yes). Mr. Beuttell stated that the volumes don't match what he is seeing on the
plan (the engineer did the calculation and his understanding is that it would include the
existing house).
The Commission discussed the elevation calculations.
Mr. Bitsko stated that the plants are exactly what they had asked for.
Mr. Beuttell stated he would like to see them add in FENO markers.
The application requested a continuation of the hearing to the September 17, 2018 meeting.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 to
approve a continuation of the hearing to the September 17, 2018 meeting.
8:15pm
DEP File No. 201-1107, Bylaw No. BL 1065
NOI, 17 Banks Avenue
Owner/applicant: P. Zhou
Project: Construct an addition within the 100-foot BVW buffer zone
Presenters: Mr. Chi Man and Owner, Mr. Zhou.
Mr. Man stated that in response to the Commission's comments, they pulled back the
structure so it's outside the buffer zone. They also fixed the details on the plan so they are
more consistent. They also added the grade in the back yard. For the retention system, they
are proposing a wall wrap around.
Mr. Hamilton read the additional comments from the Engineering Department.
Mr. Beuttell asked what kind of retaining wall they are proposing (just a block retaining wall
that doesn't need a full foundation). Mr. Beuttell asked the size of the individual rocks (12" x
8"
Mr. Bitsko stated that he has need seen an overflow pipe detail like the one proposed (the
Caltech comes that way). Mr. Bitsko stated that historically the reason to include an overflow
pipe is if the system underground gets clogged. The system looks like it would get clogged.
Ms. Mullins stated that they can add a condition to put a gutter helmet or screen in. Mr. Man
stated that he can change the detail to reflect that.
Mr. Man requested a continuance to the September 17, 2018 meeting.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 to
continue the hearing until the September 17, 2018 meeting.
8:30pm
- Old Reservoir Dam Improvement Project, Additional wetland restoration areas
to address additional impacts
Ms. Mullins stated that the plan wasn't clear on everything being cut. The work is almost
done in the area and planting is currently underway.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted to approve an
insignificant plan change.
• Cedar Street Declaration of Restrictive Covenant Update
Ms. Mullins stated that Finnegan Development provided an updated Declaration of
Restrictive Covenant. Finnegan Development was ready to allow public access with trails but
not all the property owners are open to it.
The Commission discussed the conservation restriction language and covenant.
• Meeting Minutes: 8/20/2018
The Commission will vote to approve the meeting minutes at the meeting on September 17,
2018.
• Planning Board Project Comments
• Buffer zone Regulation Amendments
The Commission decided to send out the latest version of the regulations plus the
commentary. Mr. Hamilton stated that it should be sent to the most common applicants.
• Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward
Directors, and Tree Committee
The Commission revisited the discussion about the memorial bench. The Commission
decided that at the present time, it's not something that the Conservation Commission can
approve. They need to develop a policy for future requests.
On a motion made and seconded, the Commission voted to adjourn the meeting at 8:55 pm.