HomeMy WebLinkAbout2019-02-11-CONCOM-min
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TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
MINUTES
February 11, 2019
6:30pm
Parker Room
Town Office Building, 1625 Mass. Ave, Lexington, MA
Commissioners Present: Phil Hamilton, Alex Dohan, David Langseth, Duke Bitsko, Kevin
Beuttell, Ruth Ladd and Dick Wolk
Others present: Karen Mullins, Conservation Administrator and Katie Luczai, Conservation
Department Assistant
6:30pm
Request for Certificate of Compliance: 39 Sherburne Road DEP #201-920 BL 880
Mr. Fred Russell presented before the Commission. Mr. Russell, the project engineer, reported
that several modifications were made during the construction process. These modifications
included construction of overhangs, porches, landings, stairs, and walkways that were not shown
on the approved plan resulting in an increased amount of impervious area square footage in the
associated drainage analysis from the approved proposed plan. To date, the builders, on the
recommendation of Mr. Russell, the project engineer, adjusted the sump pump in the basement to
a smaller pump and reduced the depth of pumping to decrease the amount of groundwater
pumping to subsurface infiltration system designed for the roof area.
Mr. Russell stated that the modifications were made without consulting the Conservation
Commission because the owners only live in Lexington part time. Mr. Russell emphasized the
problems they had in communication among their construction team and the homeowner. The
Commission noted that the homeowners had onsite agents who could have requested the changes
to the Order of Conditions and reiterated the need for the applicant to come before the
Commission to ask for permission before making modifications that were not on the approved
plan.
Mr. Wolk confirmed the builders have had past experience with the Conservation Commission
process, echoing these builders should have known better.
Chairman Hamilton suggested that the request for a certificate of compliance be continued to the
next meeting, pending review by the engineering department of the updated drainage
calculations for the as-built conditions prepared by Mr. Russell. The Commission agreed.
6:46pm
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Request for Certificate of Compliance: 167, 173 and 177 Cedar Street Lot 1 DEP#201-1058
(partial)
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to issue the
certificate of compliance.
Request to Extend the Order of Conditions by one year (from 5-10-2019 to 5-10-2020) for 3
Fiske Road DEP 201-1023 BL 980
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 to extend the
order of conditions by one year.
6:48pm
Meeting Minutes
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 to approve the
meeting minutes from January 14, 2019.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 to approve
the meeting minutes from January 28, 2019.
7pm
New Public Meetings/Hearings
DET 19-4
RDA, Intersection of Massachusetts Avenue and Worthen Road
Applicant: Town of Lexington
Project: General improvements including sidewalk and roadway reconstruction, median
modification and removal, drainage improvements, etc.
Ms. Madison Blanchard, Mr. Ross Marley and Mr. James Downing presented before the
Commission.
Ms. Blanchard presented an overview of the general improvements proposed at the intersection
of Massachusetts Avenue and Worthen Road. This work will take place in the buffer zone. There
will be a net decrease of impervious area. Catch basins will be replaced with deep sump catch
basins. A turn lane around an island will be removed, allowing for more pervious area.
Mr. Langseth asked what water quality improvement measures have been taken into
consideration when creating this plan.
Mr. Downing stated that dry wells with hoods are proposed. An infiltration system was
considered but that would have required trees to be removed and they opted to keep the trees.
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Mr. Beuttell asked if they had considered other areas to install an infiltration system.
Mr. Downing confirmed that they looked at other areas at the intersection but none were large
enough to accommodate a system and they were also trying to not get close to the road base.
Mr. Beuttell noted that in order to be compliant with local bylaws the applicant must model an
infiltration system unless they have significant reason to prove it is not possible.
Mr. Langseth asked the applicant what restrictions are stopping them from abiding by the local
bylaws.
Mr. Bitsko emphasized his desire to see green infrastructure be incorporated in the Town of
Lexington. Mr. Bitsko stated that there will be 1,800 sq. feet of new impervious surface area. Mr.
Bitsko asked why this application is a Request for Determination of Applicability and not a
Notice of Intent.
Ms. Mullins, the Conservation Administrator, stated that this is an RDA because the work is
improvements to an existing intersection.
The Commission asked the applicant to submit in writing why they believe they qualify for a
waiver from the local bylaw.
Mr. Marley stated that he submitted this application as an RDA because while they are
increasing impervious surface area he believed that a net reduction of impervious area would be
sufficient reasoning to ask for an exemption from the Lexington Town Bylaws.
A resident, Mr. Kulin of 22 Grapevine Ave asked how the street parking will be affected during
construction.
Mr. Marley stated that there may only be a slight reduction on Massachusetts Avenue.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 to continue
Commented \[DLL1\]: Don’t we need to state “at the
the hearing at the applicant’s request.
applicant’s request” for each continuance?
DET 19-7
RDA, Pelham Road, Elliot Road and Mass Ave
Applicant: Town of Lexington Engineering Division
Project: Proposed replacement of the public sewer line
Ms. Marissa Liggiero and Mr. David Pavlik of the Department of Public Works presented before
the Commission.
Mr. Pavlik stated that 1100 feet of sewer will be installed along Pelham Road, Elliot Road and
Massachusetts Avenue. At the closest point, the work will be done 70 feet from the nearest pond.
They will be using silt socks when possible and two catch basins. For trench excavation they will
have the ability to dewater.
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Chairman Hamilton asked when this project will take place.
Mr. Pavlik stated that bid documents will be opened in March with work projected to take place
in either April or May.
Mr. Pavlik stated that when digging occurs during the project, plates will be used and they will
make sure stockpiles are protected. They do not want to stockpile anything on the road so they
will ideally be using construction containers nearby.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to issue a
negative determination with conditions.
7:17pm
Continued Public Hearings
DET 19-3
RDA, Hartwell Ave between Minuteman Commuter Bike path and the Kiln Brook Crossing
Applicant: Town of Lexington Engineering
Prior Hearings: 1-28-2019
Ms. Marissa Liggiero and Mr. David Pavlik of the Department of Public Works presented before
the Commission.
Mr. Pavlik stated that they will be replacing a water main on Hartwell Ave. Compost socks will
be used along the entire project scope. Everything slopes downwards towards the Kiln Brook
Crossing so, with that in mind, more silt socks can be added.
Mr. Beuttell asked what happens when they reach the Kiln Brook Crossing.
Mr. Pavlik stated that they will be reducing down and not doing the work within 100 feet of the
brook at this time. There is an existing culvert that will be used for the stream. Mr. Pavlik
emphasized that this water main has broken three times in the last two years.
On a motion by Mr. Wolk and seconded by Mr. Beuttell the Commission voted 7-0 to issue a
negative determination with conditions.
7:22pm
DET 19-2
RDA, 251 Waltham Street
Applicant: Town of Lexington
Project: Proposed renovations at the Lexington Center Playfields Track and Field
Ms. Megan Buczynski presented the revised calculations before the Commission.
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On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to issue a
negative determination with conditions.
7:25pm
New Public Meetings/Hearings
DET 19-5
RDA, 571 Concord Ave
Applicant: Donald Goulet
Project: Construct a 42’ x 20’ addition to an existing single family dwelling
Mr. Donald Goulet presented before the Commission.
Mr. Goulet stated that they are before the Commission because the proposed addition comes
within 100 feet and one inch of the Bordering Vegetated Wetlands.
Chairman Hamilton stated that as of the site visit conducted by the Commission that the erosion
controls are already in place.
Mr. Langseth asked what the maintenance plan is.
Mr. Goulet stated that the landscaping will be maintained. Everything will be loamed and
seeded. Mr. Goulet will keep the erosion control in place until the vegetation has been
established.
On a motion by Ms. Dohan and seconded by Mr. Langseth the Commission voted 7-0 to issue a
negative determination with conditions.
7:29pm
DET 19-6
RDA, 16 Grapevine Avenue
Applicant: Duggan & Sons Construction
Project: Construction of a single family dwelling and removal of an existing shed
Chris Duggan presented the proposed plans before the Commission. Mr. Duggan stated that the
stormwater system captures the roof runoff and driveway runoff.
Mr. Langseth asked that all the trash and debris on the property be cleaned up. Mr. Duggan
agreed to do that.
Mr. Langseth noted that, based on the grading, it appears that they slope on the right side of the
property has increased.
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Mr. Duggan confirmed.
Mr. Langseth raised his concern regarding how the slope will impact the neighboring property.
Mr. Duggan stated that he believes the proposed work will only benefit the neighbor because the
drainage will now be captured at a greater degree. Mr. Duggan stated that a swale can be added.
An abutter, Mr. Bob Kulin of 22 Grapevine Ave stated that the level of water in the backyard has
continued to rise over time.
Mr. Kulin asked how much larger the proposed house will be.
Mr. Downing stated that the new house will be about 30% larger and will extend about one foot
into the rear of the property.
Chairman Hamilton asked the applicant to submit a revised plan and have the plans reviewed by
engineering.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 to continue
the hearing until February 25, 2019, at the applicant’s request.
DEP 201-1122 BL 1079
NOI, 7 Fiske Road
Applicant: Zhun Cao
Project: Construction of an addition and deck to an existing single family home, enlarge and
regrade a paved driveway and install an underground propane tank
Mr. Rich Kirby, Mr. and Mrs. Zhun Cao and Mr. Al Gala presented before the Commission.
Mr. Kirby explained that the wetlands on the property have been delineated several times and he
has used the 2009 delineation for this current project. For the project they are asking to construct
a 960 sq. foot addition, to extend the driveway and add a wooden deck and subsurface propane
tank.
Mr. Kirby stated that there are currently two above ground propane tanks which will be removed.
Mr. Beuttell asked how the propane tanks will be maintained.
Mr. Beuttell asked to mark on the plan that the stone is to be washed.
An abutter, Ms. Ann Chait located at 25 Fairlawn Lane raised her concern regarding the
installation of the propane tank, because of ledge on the property.
Mr. Al Gala stated that he completed three test holes on the property and did not hit any ledge
during their tests. They did discover signs of ground water. Since there are signs of ground water
they are installing slabs underneath the tanks.
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Mr. Bitsko asked the applicant to show porous pavement.
Mr. Kirby stated that the current pavement will be replaced with porous pavement.
Mr. Langseth asked to applicant to include a bar scale in the future.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to close
the hearing.
7:57pm
DEP 201-1123 BL 1080
NOI, 10 Springdale Road
Applicant: Sunil and Savita Belgaonkar
Project: Demolition and reconstruction of an existing single family dwelling
Mr. Sunil Belgaonkar, Ms. Mary Trudeau and Mr. Scott Henderson presented before the
Commission.
Ms. Trudeau stated that the wetlands begin at the drainage easement.
Mr. Henderson stated that two trees will be taken down within the buffer zone area with four
trees proposed to be removed on the property.
Ms. Trudeau stated that the trees will be replaced with local tree species such as white oak, red
oak or white pine.
Mr. Henderson stated that they will be asking for a waiver for the 158 sq. ft. in question. The
groundwater is fairly shallow for the area. They wish to have a system set 1-1.5 ft. above.
Mr. Langseth asked the applicant if they had explored using extra shallow water infiltration
systems.
Mr. Henderson confirmed that he did explore other options but that an extra shallow water
infiltration system would cause a larger footprint.
The Commission asked for updated plans to be submitted.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 to continue
the hearing until February 25, 2019, at the applicant’s request.
8:10pm
DEP 201-1121 BL 1078
NOI, 2287 Massachusetts Avenue
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Applicant: Julissa Infante Pickman
Project: Raze and rebuild of an existing single family dwelling
Mr. Rich Kirby, Mr. Mike Capachietti and Ms. Julissa Infante Pickman presented before the
Commission.
Mr. Kirby stated that an Order of Conditions for this property was issued in 1992, but that no
building had been done. Mr. Kirby stated that though this is a larger house the impervious area
will be decreased.
Mr. Capachietti stated that there are no catch basins in the front of the property.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to close
the hearing.
8:20pm
Continued Public Meetings/Hearings
DET 18-26
RDA, 16 Longfellow Road
Applicant: Sheldon Corporation
Project: Confirmation of absence of jurisdictional resource areas on subject site
Previous Meetings: 1-7-2019, 1-28-2019
Mr. Fred Russell presented before the Commission.
Mr. Russell stated that the watershed will not generate 1/8 of an acre of runoff so it does not
qualify as an isolated land subject to flooding.
Mr. Langseth raised his concern regarding his observation of the property as compared to Mr.
Russell’s observation.
Mr. Russell referred to his calculations to state that the area does not qualify as a protected
resource area.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to issue a
negative determination, along with a statement of their concern that any develop of this property
should take account of the hydraulic function being performed by this depression.
DEP 201-1120 BL 1076
Notice of Intent, 244 Wood Street - MIT Lincoln Labs
Applicant: Proposed electrical building modifications within the 100 foot buffer zone
Previous Hearings: 1-7-2019, 1-28-2019
On a motion by Mr. Wolk and seconded by Ms. Dohan the Commission voted 7-0 to continue
the hearing until February 25, 2019, at the applicant’s request.
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DEP 201-1119 BL 1077
NOI, 18 Cooke Road
Applicant: Erik Jarnyrd
Project: Proposed raze and re-build of a single family dwelling
Previous Hearings: 1-28-2019
Mr. Steven Eriksen from Norse Environmental presented before the Commission.
Mr. Eriksen stated that after taking into consideration the Commission’s comments they worked
on stabilizing the slope on the plans. Additional detail was also added to the plans to reflect
cleaning the debris from the wetlands.
Mr. Bitsko noted that the plans now reflect a 2:1 slope and in some parts made the slope very
steep at a 1:1 ratio.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to close
the hearing.
8:43pm
DET 19-1
RDA, 3 Rolfe Road
Applicant: Anuj Srivastava
Project: Installation of geothermic water to water system
Previous Hearings: 1-28-2019
Mr. Anuj Srivastava presented before the Commission.
Mr. Srivastava stated that he will be installing geothermic wells in the front of his property and is
managing the project himself.
On a motion by Mr. Beuttell and seconded by Mr. Wolk the Commission voted 7-0 to issue a
negative determination with conditions.
On a motion by Mr. Langseth and seconded by Mr. Beuttell the Commission voted 7-0 to
adjourn..