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HomeMy WebLinkAbout2019-08-19-CONCOM-min vs MORNIN O V � y W fn PUBLIC MEETING NOTICE Conservation CommissionNtixllir;u tiyr E u hel",V 1 1'. APRIL 19TH 4Z ING10 AGENDA Monday, August 19th 2019, 6:30 p.m., Parker Room, Town Office Building, 1625 Massachusetts Avenue 02421 Commissioners Present: Phil Hamilton, Dick Wolk, Alex Dohan, Ruth Ladd, David Langseth, Duke Bitsko and Kevin Beuttell Staff Present: Katie Luczai, Staff Assistant 6:30 pm New Business/Pending Matters Request for Certificate of Compliance: 139 Wood Street DEP 201-1017 BL 974 The request will be heard at another time. Request for Certificate of Compliance: Lot 11 Winding Road previously known as 167. 173 and 177 Cedar Street(partial) DEP 201-105 8 BL 1015 The request will be heard at another time. Request for Insignificant Plan Change: 1010 Waltham Street DEP 201-1066 BL 1023 Mr. Wolk recused himself from the request for insignificant change. The Commission waited until a quorum was achieved. Enforcement Hearing: 12 Fairfield Drive Luis Nolasco, the contractor at 12 Fairfield Drive, presented at the hearing. Mr. Nolasco stated that a total of 15 trees were cut. They intend on replacing all of the trees in addition to installing sod and vegetation. Mr. Langseth stated that the property abuts Vine Brook, causing the entire property to fall in the 200 foot riverfront area with parts of the property to fall within the 100 foot buffer zone. Mr. Nolasco stated that they plan to plant arborvitaes as replacements. A general replanting plan was submitted. 2 Chairman Hamilton recommended that Mr. Nolasco and the homeowner meet with Ms. Mullins to remedy the enforcement and determine more details for the replanting. Enforcement Hearing: 39 Woodbark Circle Chris Stratford of Stratford Landscaping and the current homeowner, Mr. Hi Yung of 39 Woodpark Circle presented before the Commission. The enforcement was issued on July 15, 2019. Mr. Stratford stated that he was contracted to fill in the swale in the rear of the property that was collecting water and even out the backyard which he did. Mr. McCarron, the Land Steward had visited the property after the work was completed. Neither Mr. Stratford nor the homeowner knew if the swale was natural or manmade but Mr. McCarron determined that the swale should remain. Mr. Stratford stated that the swale only contained 20 yards of cubic fill from the Hartwell Avenue Compost facility. Mr. Stratford proposed to return the swale to its original condition. The swale and associated spring only runs through this property. Mr. Yung, the homeowner took responsibility for the violation. Chairman Hamilton asked Mr. Stratford and Mr. Yung to meet with Ms. Mullins to resolve the violation. Mr. Beuttell noted that in the enforcement order the resource area is described as a jurisdictional stream. Request for Insignificant Plan Change: 1010 Waltham Street DEP 201-1066 BL 1023 G G Mr. Wolk recused himself for the discussion of 1010 Waltham Street. Mr. Jim Borrebach presented before the Commission several minor changes that have been made during the construction process. The first change was in the position of the chambers. There was no effect to the stormwater system. The second change was a slight modification in grading to allow for the diversion of flow. Mr. Langseth asked if there was an emergency outlet to prevent water backflow. Mr. Borrebach stated that there is an emergency on that infiltration system. The water elevation remains the same for before and after a projected 100 year storm event. Mr. Borrebach stated that the water flows into the basin. A blast wall was installed near the emergency generator. A walkway was removed where the blast wall was installed. 3 A change was made to the North Building walkway. A one hundred foot section of walkway was relocated to be adjacent to the road. A fire hydrant will be moved a couple of feet back and a guardrail will be shortened to accommodate for this. A water line was proposed to be installed to the outside of a retaining wall. This water line has now been approved by the town to be installed instead under the sidewalk. The Town Water Department required a second water meter vault to be installed and looped into the existing system. The final change, Mr. Borrebach described was the alteration to the sewer line connection. The connection was four and a half feet above grade which was higher than anticipated. To accommodate this they increased the distance between the utility line and the sewer line and reconnected back to a nearby manhole to get away from the obstructions. Mr. Borrebach stated that the project will be wrapped up in the next few months. Two infiltration systems have yet to be installed but that will be the last subsurface activity to take place. No additional minor changes are expected to be made during the last phase of the proj ect. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 6-0 to approve the insignificant plan change. Mr. Wolk re joined the Commission. 7:00 pm New Public Meetings/Hearings DEP 201-1149 BL X NOI, 3 Diamond Road Applicant: Ellan and Robert Siegel Project: Addition and Drainage work to a SFD Jonathan Shuster and Scott Symers presented before the Commission. The homeowners, Mr. and Mrs. Siegel were in the audience. Mr. Shuster presented a proposed addition that would be in the place of the existing sunroom. There will be an increase in impervious surface area. There are two jurisdictional resource areas on the property on either side yards of the property. A swale and culvert are located on the west side of the property. There are drainage issues on the site that are proposed to be routed to a rain garden. Safety concerns arise during wintertime due to the drainage problems. A planting plan has been included in the submitted filing. Mr. Smyers stated that there is a history of drainage problems at this site. The outlet to the sump pump is proposed to be moved further away from the dwelling and street. The existing stone swale has been there since the homeowners took over the property in the 1990's. Mr. 4 Smyers has discussed the history of the property with Ms. Mullins. Mr. Smyers conducted additional soil tests after the Commission visited the site. Chairman Hamilton read the engineering memo into the record. Mr. Langseth asked how they intend the raingarden to function as well as what the substrate material is. Mr. Langseth asked for additional details for the drainage. Mr. Smyers stated that the water is not intended to be held all year. Mr. Langseth stated that this will affect the type of vegetation to be installed and the proposed material at the bottom of the swale. Ms. Dohan asked what the swale was like before the stone was installed. Mr. Symers stated that according to the owners that the stone and PVC pipe were pre-existing. Ms. Dohan raised her concern regarding the pumping of water out and its anticipated direction. Ms. Dohan stated that native cultivars should ideally be kept where they are. Ms. Dohan asked if replacing the stone in the swale solved the drainage. Mr. Siegel stated that the swale does catch water but not enough. Ms. Ladd asked where the water is directed to. Mr. Smyers stated that the water is directed across the road and onto the wooded property across the street. Ms. Ladd stated that the Commission discussed the berm that was partially off property at the site visit to see if it was possible to alter the elevation of that berm. Mr. Shuster stated that in addition to the restoration zone there will be some invasive species removal. Mr. Beuttell stated that Ms. Mullins believes that there was a jurisdictional wetland below the stone swale. Mr. Beuttell stated that that previously jurisdictional area has been altered. There has not been a proposal to return the area to its state as a wetland. Mr. Bitsko asked if anyone could tell them when the PVC pipe was installed. Mr. Smyers did not know the history of the pipe. Ms. Siegel stated that the swale had been there since they had moved in. The previous homeowner had instructed them to take care of the swale. 5 Mr. Bitsko stated that the pipe is connected to the swale and catch basin that empties out into the road. Mr. Bitsko commented that the rain garden is expected to contain 32 inches of standing water though the regulations may not allow them to do that. Mr. Bitsko asked them to discuss this with their engineer. Additionally, Mr. Bitsko noted that burning bush is prevalent on the property so the applicant should prepare a more specific plan to remove it. Mr. Langseth stated that he does not think that the stone swale is within the Commission's scope for this application because it is existing and on someone else's property. Mr. Beuttell stated that it would be because the property owner had placed the stone in the swale. Mr. Langseth stated that he views the potential violation as a separate matter. Mr. Langeth and Mr. Beuttell stated that they ultimately need more information to make a definitive decision. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to continue the hearing until September 3, 2019 at the applicant's request. 7:33pm DEP 201-X BL X NOI, 2 Barrett Road Applicant: Seiko Ikezu Project: Raze and Rebuild of a deck and shed Seiko Ikezu and Tunei Ikezu presented before the Commission. Ms. Ikezu presented a proposed deck and shed in the rear of their property. The current foundation of the deck is cracked, and posts are rotting. The existing shed is currently rusted. Mr. Langseth noted that the shed is in a floodplain zone so depending on the construction of the shed there is a possibility that the volume of the fill could be increased. Mr. Langseth asked if there are any details regarding the foundation of the proposed shed. The homeowners did not have any information regarding the foundation. The Commissioners clarified that the shed size could be decreased to under 100 square feet to eliminate the need for stormwater management. The shed's placement also could be moved further away from the brook and the floodplain. Mr. Langseth suggested that the shed be placed on blocks to have less of an impact on the environment. 6 Susan and John Calderella, abutters to the property voiced their support for the removal of the shed but do not support the placement of a new shed. Ms. Calderella raised her concern about the shed as a source of potential pollutants. Ms. Ladd asked if the shed could be further away from the stream and trees. The applicants will submit additional information. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 to continue the hearing until September 3, 2019 at the applicant's request. 7:50pm DEP 201-X BL X NOI, 91 Hartwell Avenue Applicant: John Cappellano Project: Construction of patio and landscape work Mr. Rich Kirby and Mr. Eric Joseph presented before the Commission. Mr. Kirby presented a proposed 1,300 sq. ft. pervious patio in the rear of the office to provide outdoor seating. The patio is proposed at existing grade. A handicap access ramp will be installed. Plantings are proposed to be installed to help buffer the patio from the adjacent loading dock and dump sters. Chairman Hamilton read the engineering memo into the record. Mr. Kirby provided an operations and management plan for the Commission at this time. The groundwater is relatively high. The two feet of separation can most likely not be achieved. The aggregate beneath the stone pavers could be at least partially inundated with water. Currently, it is presumably loam top soil. The applicant is expecting to ask for a waiver. Mr. Langseth asked if any water was being accounted for in addition to the rainwater that falls on the patio as in if any downspouts were directed to this area. Mr. Kirby stated that he did not believe so. Mr. Langseth stated that the potential pollution impacts are relatively low. Mr. Wolk raised his concerns regarding the seasonal high groundwater. There was a standing puddle during the site visit in August which is not typically regarded as a high groundwater season. Some of the proposed work location is in the floodplain. Mr. Wolk stated that he did not believe it was possible that the water would be able to flow and drain. Mr. Kirby stated that the puddle at the site visit was due to water from a sprinkler system. The sprinklers are going to be turned off and puddling re-assessed. 7 Mr. Wolk believed that Mr. Kirby was jumping to a conclusion without enough proof. Chairman Hamilton asked if it would be helpful to conduct a test pit to determine where the groundwater i s. Mr. Kirby stated that it would be helpful to turn the sprinklers off and see if the area dries out. Mr. Kirby stated that the proposed grading is subtle. Mr. Bitsko stated that it will probably be tough to grade it to that exact height. Water should be directed out of the area faster. Mr. Bitsko recommended planting trees as a possible way to absorb the water. On a motion by Ms. Dohan and seconded by Mr. Beuttell the Commission voted 7-0 to continue the hearing to September 3, 2019. 8:09pm DEP 201-X BL X NOI, 7 Lois Lane Applicant: William Keim Project: Construction of deck and patio Ms. Cerise Jalelian and Mr. Chris Connelly, the contractor for the project presented before the Commission. Ms. Jalelian apologized for her mistake in beginning construction. She halted her work as soon as she was notified and her contractor has been attending Commission meetings on her behalf during the informal hearings regarding the violation. Ms. Jaelein stated that she has brought the size of the patio to under 100 square feet. Mr. Connelly stated that the deck walkway was downsized 3.9 feet. Mr. Connelly stated that they do have a list of plants from the approved list of plants. Ms. Ladd asked for details regarding the height of the wall. Mr. Langseth reiterated that the Commission is not confirming the wetland delineation. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 to continue the hearing until September 3, 2019 at the applicant's request. 8:30pm DEP 201-1100 BL 1057 Amendment to an Order of Conditions, 85 Maple Street Applicant: Seaver Construction 8 Project: Amendment to approve changes to impervious surface and stormwater management Mr. Fred Russell presented before the Commission. Mr. Russell stated that the house was built approx. 130 sq. feet larger than approved. This was due to the gutters. The infiltration system is still adequate for the additional square footage. A portion encompassing about 120 square feet of the driveway was re-graded incorrectly. The drainage analysis shows that the standards were still met. Chairman Hamilton read the engineering memo into the record. Ms. Ladd asked if Mary Trudeau had provided anything. Mr. Russell confirmed that she submitted a report. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 to close the hearing. Continued Public Meetings/Hearings DEP #201-1126 BL 1083 NOI, 6 Blinn Road Applicant: Lauren Dillon Project: Proposed raze and rebuild of a single family dwelling Molly Obendorf, Wesley Leighton and Lauren Dillon presented before the Conservation Commission. Ms. Obendorf stated that the applicants presented before the Zoning Board of Appeals and were issued a 5 foot variance. This allows the dwelling to be moved into the front yard setback by five feet. Ms. Obendorf continued to address a previous question pertaining to temporary and permanent impacts which they have provided with a table of values. A restoration area is proposed to take place between the current edge of lawn and delineated wetland boundary. Ms. Obendorf stated that they provided the final engineering details. Chairman Hamilton stated that the applicant should provide a planting plan to be approved at a later time as a condition of the Order of Conditions. The Commission suggested planting shrubbery at the delineated wetland line. The Conservation Commission decided to close the hearing and issue the order of conditions at the same time at the next hearing. Mr. Bitsko and Ms. Ladd could not vote in the following decision due to too many missed hearings. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 to continue the hearing until September 3, 2019 at the applicant's request. 9 DEP 201-968 BL 926 Amendment to an Order of Conditions, Rangeway Extension and SFH Lot Applicant: Suzanne Raymond Project: Construction of a roadway, retaining wall and single family dwelling Mr. Fred Russell and Ms. Suzanne Raymond presented before the Commission. Mr. Russell stated that they talked with a neighboring property to address their concerns. Mr. Russell noted that a section of the roadway was proposed to be widened, however this has been modified. The roadway will be widened in another section of the road to accommodate a comment from the Lexington Planning Board. The revised design will not impact the existing neighbor's driveway. Chairman confirmed that the plans submitted are being presented is still being reviewed by engineering. Mr. Langseth asked if this order of conditions will supersede the state issued order. Mr. Langseth asked to clarify this administratively. Chairman Hamilton and Mr. Russell clarified that the proposed amendments to the town issued order of conditions will now not reflect the plans approved for the superceding order of conditions issued by MassDEP, but Mr. Russell will now have to go back to the MassDEP to get the additional changes made during the town of Lexington's public hearing process approved. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 7-0 to continue the hearing until September 3, 2019 at the applicant's request. 8:50pm DEP 201-1147 BL 1103 NOI, 20 Maguire Road Applicant: Boston Environmental Corporation Project: Removal of oil tank Mr. Bill Podolski and Mr. Mike Toomey presented before the Commission. Chairman Hamilton read the engineering report into the record. Mr. Toomey stated they have included the concrete pads into the submission. Mr. Langseth stated that if they wish to include the plans for the pads in this applicaition, then they will need to include a stormwater management plan. 10 Mr. Beuttell stated that they should also be aware that the concrete pads are located in the floodplain. Mr. Toomey stated that the pads are technically located at an elevation above the floodplain. Mr. Langseth stated that if they are filling with the same volume then that detail would need to be shown. Ms. Ladd and Mr. Beuttell asked for a cross section detail of the elevation of the concrete pad. The documentation needs to verify the proposed installation. Mr. Langseth stated that the applicants need to familiarize themselves with floodplain regulations and provide the design details of the proposed pads. Mr. Toomey stated that they would wish to close the hearing and come back with the proposed pads as an amendment. Mr. Bitsko asked that they additionally submit a table showing volume differences. On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to close the hearing. 9pm DEP 201-1145 BL 1102 NOI, 758 Marrett Road Applicant: Minuteman Vocational High School Project: Construction of synthetic tuft athletic fields Ms. Michelle Kayersman and Mr. Eric Roise presented before the Commission. Ms. Kayersman went through the list of previous submitted comments by Mr. Beuttell and the Conservation Department. Ms. Kayersman discussed the existing impervious surface area to remain. Ms. Kayersman stated that they have previously shown these plans. Mr. Beuttell stated that the amounts of existing impervious surface area provided has been inconsistent. Ms. Kayersman stated that the driveway is a part of the previously approved permit. Chairman Hamilton clarified that this filing is amending the parts of the entire permitted project at Minuteman High School. 11 Mr. Beuttell and Ms. Kayersman discussed the curb on the roadways and the potential contradictions. Ms. Kayersman stated that the grading and surface areas have previously been approved as mill and overlay. Mr. Beuttell stated that he believes the applicant is taking more credit for impervious and pervious surface area than they should. Ms. Kayersman addressed the modelling of the soft ball field, stating that they used the center of the field for modelling purposes. Ms. Kayersman stated that the rainfall that falls onto the field does not require pre-treatment. Ms. Kayersman stated that the area for Class A fill has been provided for in details in their final submittal. Dye testing was completed on site. The water is outletted to a vernal pool in Lincoln. The calculations and designs were altered to show the peak rates and relocation of the discharge. The peer reviewer has reviewed the revised changes. Ms. Kayersman stated that the discharge points are existing. Stormwater standards are now all are being met. In regards to snow management, Ms. Kayeerman provided the letter from the snow removal company stating that they will abide by the Commission's wishes. Ms. Margie Brown from the National Park Service presented before the Commission as an abutter. Ms. Brown raised her concerns regarding the abutter notification portion of the process as well as the effects of the construction on the abutting Minuteman National Park. Ms. Kayersman stated that in regards to stormwater runoff that is directed to the National Park, the water previously was directed to park without treatment. There is now curbing and treatment for the water that is being directed to the park. The parking lot achieves the 80% TSS removal. Chairman Hamilton inquired about the astroturf and its relationship to runoff on behalf of Ms. Brown. Ms. Brown raised her concern regarding potential for floating particles. Mr. Roise stated that the infiltration system would theoretically catch all particles. There have been previously conducted studies regarding this issue. The materials used for turf have since been improved and there should be no concerns regarding the material on the turf fields. The crumb rubber for this field is coated in acrylic to accommodate for temperature in addition to capturing the remaining crumb rubber that may erode. Ms. Brown asked what would happen if they began to see if the material was found in the water resources in the park. 12 Mr. Roise stated that they would then reassess their systems. The new infiltration systems will be a greater improvement on the resource area since the water runoff is not currently treated in any capacity. Ms. Kayersman stated that if the system failed then enforcement actions would be taken by the Conservation Department as it is not the intention of the construction to negatively impact the wetland. Chairman Hamilton stated that the proposed mechanisms are not new and innovative but rather sound practices. A peer reviewer was brought to review the project to ensure thoroughness. Ms. Brown asked how the side of the roadway is planned to be re-vegetated after the curbing. Ms. Kayersman stated that a conservation seed mix is proposed to be planted but no removal of vegetation is planned. Mr. Wolk asked if there is a procedure in place to test for the water to ensure that everything that is going correctly. Mr. Roise stated that there are water quality tests and heavy metal tests. Mr. Wolk stated that the school does have an education regarding ecology where water quality testing could arise as an educational opportunity for the students. The Commission will add water quality testing as a condition. Mr. Ed Bouquillon stated that the school provides students with a wastewater treatment operation license and freshwater license. Water testing and monitoring is a routine part of the school's curriculum. Mr. Langseth stated that the Commission has approved two synthetic turf fields so far and have not seen any negative impacts to the wetlands thus far. This project has a more extensive infiltration system than those previously permitted fields. Mr. Bitsko reiterated that the students testing can be done in addition to professionals who can report and clean out the systems as a part of the operations and maintenance plan. Mr. Bitsko emphasized the importance of the long term operations and maintenance plan. Mr. Bouquillon stated that the school committee approved a new position, a Director of Facilities to handle maintenance such as the requirements that will be included in the Order of Conditions. 13 Ms. Ladd and Mr. Bitsko could not vote due to the number of missed hearings. Mr. Beuttell abstained from voting. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 4-0 to close the hearing. 9:50pm Approve Manning Tool Donation On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 to accept the tool donation. An-Drove Meeting Minutes: 8-5-2019 v Meeting minutes will be discussed at a later date. Review site visit scheduled for August 31, 2019 (meeting on Tuesday, Sept. 3, 2019) The site visits were rescheduled for August 24tH The Commission stated they liked having site visits the Saturday before a meeting. Re-schedule Meeting from September 30; 2019 to October 1, 2019 The Commission agreed to move the meeting officially. Buffer Zone Performance Standards Amendments to Regulations This will be discussed later. Chairman Hamilton recommended Chapter Three of the MACC handbook. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee Land Acquisition, Land Management, Land Steward Directors, and Tree Committee There were no reports.