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HomeMy WebLinkAbout2019-05-13-CONCOM-min PUBLIC MEETING NOTICE Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ 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 th 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.