HomeMy WebLinkAbout2019-05-13-CONCOM-min
PUBLIC MEETING NOTICE
Conservation Commission
Meeting broadcasted by LexMedia
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AGENDA May 13, 2019, 6:55 p.m., Parker Room, Town Office Building, 1625
Massachusetts Avenue 02421
Commissioners Present: Phil Hamilton, Dick Wolk, Ruth Ladd, Alex Dohan and Kevin
Beuttell
Commissioners Absent: David Langseth and Duke Bitsko
Staff Present: Karen Mullins, Conservation Administrator and Katie Luczai, Department
Assistant
6:35 pm
New Business/Pending Matters
(15 Minutes) Informal Meeting Request – 91 Hartwell Ave, Lincoln Properties, LEC
Environmental Consultants
Mr. Richard Kirby, Mr. Scott Favor, Mr. Eric Joseph, Mr. Paul Finger and Mr. Josh Sores
presented the proposed construction before the Commission.
Mr. Kirby stated that an ORAD was submitted in the fall of 2018 where it was determined
that the landscaped islands in the parking lot may be jurisdictional. Mr. Kirby stated that in
the existing conditions there is about 125,000 sq. ft. of “non-green” area. The proposed
construction will roughly remain in the existing footprint of the current parking and building
areas. A wetland replication area is proposed adjacent to the proposed garage. Mr. Kirby
showed the Commission the proposed stormwater management plan with additional
information to come when the Notice of Intent is submitted.
Mr. Kirby explained that the first floor of the proposed building will be above the floodplain;
however, the garage will be below the floodplain level. A detailed maintenance plan will be
submitted with the permit application.
Mr. Sores stated that, though the impervious surface area of the proposed construction is
greater than the existing structures, the stormwater discharge is not increasing. Mr. Sores
spoke about the proposed drainage areas. The drainage system is primarily constructed of
open basins.
Mr. Kirby discussed the jurisdictional interpretations of the proposed plans under the
Lexington Bylaw in relation to the stormwater management plan.
Mr. Beuttell inquired about the setbacks.
Mr. Kirby stated that the edge of the pavement will be pulled back but the definitive setback
has not been determined.
Ms. Dohan inquired about the proposed garage.
Mr. Finger confirmed that the proposed garage will be partially underground. Mr. Finger
explained that when there is a flood event the garage will be closed.
Ms. Dohan asked what will happen to the water during construction and why they are
choosing to construct underground.
Mr. Finger stated that, due to the location of the building, they are restricted because of
aviation regulations meaning they cannot build a taller building.
Ms. Ladd voiced her concerns regarding the ground water displacement.
Mr. Finger stated that the wetlands will not increase in elevation due to the construction. Mr.
Finger stated that there are overflow areas for the water to go.
Mr. Kirby and Ms. Ladd discussed the possible implications of water displacement.
Chairman Hamilton read the Lexington Bylaw which states that storage of automobiles is not
allowed to take place below the elevation of the floodplain.
Mr. Finger stated that the stormwater system will infiltrate the water which Mr. Finger
believes to be an improvement from the current conditions.
Mr. Wolk raised his concerns regarding the realistic possibilities of storm events that occur
during business hours as well as pumping the overflow of water into the wetland.
Enforcement: 7 Lois Lane, Construction of patio with retaining wall in close proximity of
wetlands
Mr. Chris Connelly of Oliver Enterprises, the landscape designer for the project, presented
before the Commission.
Mr. Connelly stated that a civil engineer came to the site and delineated the wetland on the
property which showed that the entirety of the worksite was within the 25 foot buffer zone.
Mr. Connelly stated that the proposed project included two patios, grading and a retaining
wall. They had almost finished constructing the retaining wall when the construction was
halted.
Ms. Ladd pointed out the wetland data sheets from the presentation and noted that the wetland
data provided needs more information.
Mr. Connelly asked if the Commission assumed for purposes of discussion that the fence
marks the wetland boundary, could the project be feasible?
Chairman Hamilton stated that if the project had come before the Commission for approval
pre-construction, it would not have been approved.
Mr. Beuttell stated that stormwater calculations would need to be done if the applicant chose
to apply for the project with porous pavers. He also stated that the applicant could bring an
explanation stating that the project would be an improvement over current conditions.
Ms. Dohan suggested constructing one patio as opposed to two.
Mr. Connelly stated that he proposed a slope as opposed to the retaining wall as well as
planting native plantings. Mr. Connelly confirmed that the first step to take is to obtain a more
detailed wetland delineation with thorough data.
Ms. Mullins suggested proposing a patio that is adjacent to the existing stairs.
The Commission decided to conduct a site visit. If the applicant would like to propose an
alternative plan then they will need to submit a plot plan and wetland delineation. If the
applicant would like to abandon the project then they will be required to restore the area.
Plan Change Request: 30 Oakmount Circle DEP #201-939 BL 898
Mr. Dan Orwig and Mr. Merek Franklin presented before the Commission
Mr. Orwig reviewed the changes made during the construction process that differed from the
proposed plans. The first was the installation of a propane tank which moved the driveway
away from the property line. The second change was the relocation of the infiltration basin
due to ledge. The third change was a relocation of a retaining wall. The fourth change was the
relocation of a catch basin. In the rear yard, the proposed infiltration system was shifted to
allow for an alternative location of the proposed wall in the rear. Mr. Orwig stated that the
changes decreased the impervious surface area and retained the drainage calculations with the
exception of one change.
Chairman Hamilton asked if the proposed changes have been submitted to the engineering
department.
Ms. Mullins confirmed that they have not been submitted to the engineering department.
Chairman Hamilton stated that the Commission has decided that when a filing has to be
reviewed by Engineering, it must be submitted as an amendment to an order of conditions.
Ms. Mullins asked if there was a completed as-built plan complete with grading.
The Commission and applicant disagreed concerning the completeness of the proposed/as-
built plans.
Mr. Beuttell asked for plans that show the final as-built state as opposed to a plan showing the
present as-built state of the site.
Mr. Orwig stated that he will create new plans that will clarify things.
Chairman Hamilton recommended that the applicant submit a request to amend the order of
conditions since the changes proposed are not insignificant.
The Commission agreed.
Issue Order of Conditions: 188 Waltham Street DEP#201-1132 BL1089
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 to issue
the Order of Conditions.
Cotting School CR Restoration Plan Update Approval
Ms. Mullins reported that the updates to the Cotting School CR Restoration plan includes the
addition of two rows of boulders on the property, the creation of a snow management plan and
the proposed planting of six swamp oak trees.
The Commission asked for signs to be installed stating no snow dumping is allowed.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 to approve
the Cotting School CR Restoration Plan.
Approve Meeting Minutes
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 to
approved the meeting minutes from March 22, 2019.
7:00 pm
New Public Meetings/Hearings
DET 19-15
RDA 54 Tarbell Ave
Applicant: Andrew Bennett
Project: Installation of a shed
Mr. Andrew Bennett presented before the Commission. Mr. Bennett proposed two possible
locations to install a shed.
Chairman Hamilton stated that the Commission visited the site and were content with the
proposed project with the option of either site.
On a motion by Mr. Wolk and seconded by Ms. Ladd, the Commission voted 5-0 to issue a
negative determination with conditions.
Ms. Mullins inquired about footings.
Mr. Bennett stated that there will be footings of some sort.
Chairman Hamilton stated that a condition will be included regarding footings.
Continued Public Meetings/Hearings
Ms. Ladd recused herself from the Commission regarding the project at 244 Wood Street.
DEP 201-1120 BL 1076
NOI, 244 Wood Street
Applicant: MIT Lincoln Labs
Project: Proposed electrical building modifications within the 100 foot buffer zone
Previous Hearings: 1-7-2019, 1-28-2019, 2-11-2019, 2-25-2019, 3-11-2019, 3-25-2019, 4-8-
2019, 4-29-2019
Mr. Chris Nowak and Mr. Scott Sheehan presented before the Commission.
Mr. Nowak stated that the project is to construct electrical feeders, conduits and generators.
Since the original filing the project has expanded to include the installation of the electrical
conduit and generators. Mr. Nowak will be resubmitting the project application. Mr. Nowak
stated that the existing drainage is subject to a separate MS4 permit.
Mr. Sheehan discussed the jurisdictionally of the project at 244 Wood Street compared to the
overall standards that the Hanscom Air Force Base abides by as a compensatory alternative.
Mr. Sheehan pointed out additional erosion controls that they are now proposing.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 4-0 to
continue the hearing at the applicant’s request.
DEP # 201-XXXX BL
NOI, 758 Marrett Road
Applicant: Minuteman Vocational High School
Project: Construction of synthetic tuft athletic fields
Documents Received: revised materials (5-8-2019)
Previous Meeting: 2-25-2019, 3-25-2019, 4-8-2019, 4-29-2019
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Request for continuance until May 28, 2019 at the applicant’s request.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 to continue
the hearing at the applicant’s request.
DEP # 201-1128 BL # 1085
NOI, 3 Rolfe Road
Applicant: Anju Srivastava
Project: Proposed addition to a single family home
Previous Hearings: 3-25-2019, 4-22-2019, 4-29-2019
th
Request for continuance until May 28, 2019 at the applicant’s request.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 5-0 to
continue the hearing at the applicant’s request.
DEP # 201-1126 BL 1083
NOI, 6 Blinn Road
Applicant: Lauren Dillon
Project: Proposed raze and rebuild of a single family dwelling
Previous Meeting: 3-11-2019, 4-29-2019
Ms. Obendorf presented before the Commission. Ms. Obendorf addressed the latest questions
from the Engineering department. The revised submission includes a new building footprint
which remains in the same footprint as the current dwelling as well as a walkway in the rear
of the dwelling.
Chairman Hamilton read the engineering memo into the record.
Mr. Beuttell stated that in the latest submission it did not include an evaluation of the
temporary and permanent impacts in a quantitative way for this project.
Mr. Beuttell asked if the applicant had attempted to apply for a variance by the Zoning Board
of Appeals.
Ms. Dillon stated that they have not attempted to file with the Zoning Board of Appeals.
Chairman Hamilton raised his concern about the proposed walkway directly in the wetland.
Ms. Dillion raised her concern about the neighbors if they were to file for a variance to
encroach on front yard setbacks with the ZBA.
Ms. Obendorf raised her concerns regarding a ZBA filing and the minutiae of an increased
distance of five feet.
Ms. Ladd refrained from voting due to her previous attendance.
Mr. Wolk stated that it is not evidence as to how the applicant intends on keeping activity out
of the wetlands for future residency. Mr. Wolk asked what kind of grading and elevation will
occur.
Ms. Obendorf stated that the foundation will be at an elevation of 195. The front yard will be
re-graded to be increased in order to accommodate the stormwater. This is an increase in
elevation by two feet.
Mr. Wolk inquired about the sub-catchment drainage plan with focus on the front yard.
Ms. Obendorf showed the Commission the sub-catchment drainage plan and stated that, since
there is currently no drainage at the site, this proposed drainage plan would be a great
improvement for the property.
The Commission inquired about the restoration plan.
The applicants have not submitted a formal restoration plan.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, The Commission voted 5-0 to
continue the hearing until May 28, 2019 at the applicant’s request.
DEP 201-X BL X
NOI, 11 Sherburne Road
Applicant: John Degnan and Ozan Dokmecioglu
Project: raze and rebuild of a single family dwelling within 200-foot Riverfront Area
Documents Received: NOI application/plans/drainage (4-9-2019), NOI Comment, Revised
Plan and Drainage Analysis (5-6-2019)
Previous Meeting: 4-29-2019
Mr. Richard Kirby presented before the Commission. Mr. John Degnan and Ozan
Dokmecioglu sat in the audience. Mr. Kirby presented the proposed project which includes a
major addition in the front of the dwelling. An addition that was constructed in 2004 will
remain while the original portion of the dwelling will be demolished and rebuilt.
Mr. Kirby stated that the infiltration system in the rear of the property was not constructed to
accommodate a sump pump. The applicants have submitted a plan which includes three
infiltration systems.
Chairman Hamilton read the engineering memo into the record.
Mr. Kirby stated that a test pit was not completed.
Ms. Dohan asked if there would be a reason to believe that a test pit would show that the
intended location for one of the infiltration systems would be a bad place to put it.
Mr. Kirby stated he did not believe that there would be a reason.
Ms. Dohan asked what their alternative solution would be.
The Commission discussed the elevation of the site.
Mr. Kirby stated that a test pit will be completed and if the test pit shows that the location
would not be appropriate then the engineer, Mr. Fred Russell will have to revise the plan and
calculations.
Mr. Beuttell asked where the inspection report was in regards to the prior addition completed
in 2004.
Mr. Kirby stated that it was unclear given the prior addition but Mr. Degnan plans on
constructing inspection ports.
Chairman Hamilton stated that installation of the inspection ports will be added as a condition
in the order of conditions.
On a motion by Mr. Beuttell and seconded by Mr. Wolk, the Commission voted 5-0 to close
the hearing.
DET 19-14
RDA, 3 Patterson Road
Applicant: Rayudu Macha
Project: Determination whether area or lot is jurisdictional
Documents Received: RDA application and plot plan (4-9-2019), revised plot plan (5-13-
2019)
Previous Meeting: 4-29-2019
The applicant was not present
Chairman Hamilton stated that there are wetlands on site which qualify the site as
jurisdictional under the state legislation and town bylaw.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 to issue
a positive determination.
On a motion by Mr. Beuttell and seconded by Mr. Wolk, the Commission voted 5-0 to close
the hearing.