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Meeting Minutes
Conservation Commission
AGENDA Tuesday, September 3 d 2019, 6:30 p.m., Parker Room, Town Office
Building, 1625 Massachusetts Avenue 02421
Commissioners Present: Phil Hamilton, David Langseth, Duke Bitsko, Dick Wolk, Alex
Dohan, Kevin Beuttell and Ruth Ladd
Staff Present: Karen Mullins and Katie Luczai
6:30 pm
New Business/Pending Matters
Issue Order of Conditions: 20 Maguire Road DEP 201-1147, BL 1103
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A condition will be added to the order of conditions pertaining to actions to be taken if any
contaminants are found during the tank removal process.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to
issue the order of conditions.
Issue Order of Conditions: 758 Marrett Road DEP 201-1145, BL 1102
A condition will be added regarding testing of fill material under the fields.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to issue
the order of conditions.
Issue Amendment to Order of Conditions: 85 Maple Street DEP 201-1100 BL 1057
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 to
issue the order of conditions.
Request for Certificate of Compliance: 38 Adams Street DEP 201-819 BL 777
The request will be heard at another time. The Commission decided to conduct a site visit to
view the restoration efforts.
Reauest 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
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and 177 Cedar Street (Partial COCl DEP 201-105 8, BL 1015
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 to
issue the partial certificate of compliance.
Request for Certificate of Compliance: 66 Munroe Road, DEP 201-946, BL 904; 201-973, BL
931
The request will be heard at another time.
Request for Expenditure from the Lexington Nature Trust for the Parker Meadow Accessible
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Trail Project Design Phase
Ms. Mullins stated that a survey of project costs has been conducted. The survey has found
that an additional $11,000 will be needed.
Mr. Bitsko asked if there was a contingency in the proposal if they need additional resources.
Ms. Mullins stated that they do not expect any additional costs.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to
approve the request for expenditure from the Lexington Nature Trust.
Approve Greenway Corridor Committee request to install ACROSS Route L Signage at Daisy
Wilson and Dunback Meadow
Ms. Dohan recused herself from the vote.
On a motion by Mr. Wolk and seconded by Mr. Langseth, the Commission voted 6-0 to
approve the Greenway Corridor Committee request.
Approve Meeting Minutes: 8-5-2019, 8-19-19
The meeting minutes will be approved at another time.
Review site visit scheduled for September 7; 2019 (meeting on September 16, 2019)
The site visit date will remain on September 7, 2019.
Performance Standards (including Buffer Zone and Stormwater Management) Amendments
to Regulations
Chairman Hamilton recommended that the Commission create a working group to focus on
the information provided by the MACC and create recommendations for the amendments to
Buffer Zone regulations. Chairman Hamilton suggested himself and Ms. Ladd to be a part of
the working group.
The Commission supported the idea.
Chairman Hamilton recommended that a working group be created to discuss the Stormwater
Management amendments to regulations. Mr. Langseth, Mr. Bitsko and Mr. Beuttell
volunteered to be a part of that working group.
7:00 pm
DEP # 201-1126 BL 1083
NOI Cont. Hearing, 6 Blinn Road
Applicant: Lauren Dillon
Project: Proposed raze and rebuild of a single family dwelling
Chairman Hamilton read the favorable engineering memo into the record.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to
close the hearing.
Issue Order of Conditions: 6 Blinn Road DEP 201-1126, BL 1083 (because hearing
closed
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to
issue the order of conditions.
The Commission asked that the applicants submit a planting plan to be approved by the
Commission.
7:02pm
New Public Meetings/Hearings
DET 19-25
RDA Meeting, 98 East Street
Applicant: Colin Smith Architecture
Project: Replace front stoop
Mr. Colin Smith and Mrs. Kennedy, the homeowner, presented before the Commission. Mrs.
Kennedy asked to enlarge the front stoop in order to allow for proper doorway access.
Pervious pavers will be installed where current pavers will be taken out for construction of the
enlarged landing.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to issue a
negative determination with conditions.
7:05pm
DEP 201-1107 BL 1065
Amendment to Order of Conditions Hearing, 17 Banks Avenue
Applicant: Pengcheng Zhou
Project: Amend Order of Conditions to include dry well and grading changes that impact
drainage
Mr. Deshang Wang presented before the Commission.
Mr. Wang stated that they have eliminated the retaining wall. The groundwater separation and
the recharge galley remained the same. The proposed amendment results in less impact than
the request for insignificant plan change. An operations and maintenance plan is not
applicable since the retaining wall was eliminated. There is no backflow anymore on the
property.
Chairman Hamilton read the engineering memo into the record.
On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to
close the hearing.
7:07pm
DEP 201-1151 BL 1107
NOI Hearing, 21 Revere Street
Applicant: Ernest Rogers
Project: Raze and rebuild of a single family dwelling
Mr. John Rockwood and Mr. Bob Bibbo presented before the Commission. Mr. Rockwood
presented the proposed single family dwelling and stormwater system within the 200
riverfront riverfront area.
Chairman Hamilton read the engineering memo into the record.
Mr. Bibbo addressed the engineering comments and will provide additional details.
Chairman Hamilton noted that Mr. Bibbo will have to contact the Engineering Department to
resolve the comments.
Mr. Langseth stated that in regards to the two feet of separation, Dr. Chiang, the project
engineer needs to clarify the existing grades and proposed infiltration system. Mr. Langseth
asked if a hydraulic analysis was submitted to provide greater detail on the sump pump.
Mr. Rockwood stated that after the site walk they revised the plans for the dwelling to provide
one foot buffer on either side of the dwelling.
Mr. Beuttell wants grades to be noted on the plan. Mr. Beuttell asked the applicant to provide
details regarding the fabric surrounding the water chamber as well as providing clean washed
stone for that detail.
Chairman Hamilton asked about the calculation of the amount of increased impervious
surface for the proposed project.
Mr. Rockwood stated that the new dwelling will create an additional 295 sq. feet of
impervious surface within the 50 foot buffer zone. Overall the project will include an
additional 700 square feet of impervious surface. There will be about 2,500 square feet of area
restored within the 25 foot buffer zone as mitigation.
Chairman Hamilton asked if it were possible to move the proposed dwelling away from the
river.
Mr. Rockwood noted that the zoning setbacks and buffer zones provide difficult
circumstances.
Chairman Hamilton noted that the bordering vegetated wetland on the side of the property is a
less important resource area than the river. Chairman Hamilton emphasized his belief that it
would be better to propose the dwelling more than 26 feet from the river.
Mr. Rockwood noted that the bordering vegetated wetland on the east side of the property
adjacent to the Minuteman Bikeway is mostly a swale. The woods between the property and
the bikeway act as a buffer.
Mr. Langseth stated that he agrees that it would be better to move the dwelling closer to the
bike path, but the Commission should be very clear when drafting the permit as to why they
are recommending this in order to not establish a bad precedent.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until September 16, 2019 at the applicant's request.
7:35pm
DEP 201-X BL X
NOI Hearing, 453 Concord Avenue
Applicant: Cotting School
Project: Construction of a new athletic facility
Ms. Bridgette Irish, Ms. Megan Kearns and Ms. Megan Buczynski presented before the
Commission. Ms. Kearns reminded the Commission that they issued an Order of Resource
Area Delineation earlier in 2019. Ms. Buczynski stated that the proposed addition includes a
corresponding driveway and overhang. The current gravel driveway is proposed to be paved
with an underground infiltration system to be installed. A walkway and ramp are proposed
along the side of the building adjacent to the wetlands. Due to requirements by the Fire
Department, they are required to have a point of access around the entire building. There are
two proposed infiltration detention basins. The drainage system is designed in a "round
about" way in order to capture and treat all water runoff from the building. A catch basin and
rip rap is proposed to be installed in order to slow the flow of water coming out onto the
conservation restriction area.
Ms. Buczynski additionally explained they may have to replace an existing gas line. A
lighting plan was not submitted but will be submitted for review for the following meeting.
Ms. Ladd asked what happens to the water runoff from the new paved walkway.
Ms. Buczynski stated that the walkway is tilted inward. A leaching basin may have been
installed but Ms. Buczynski will follow up regarding that. Ms. Buczynski stated that the
walkway is paved in order to achieve the 5% grade requirement for accessibility.
Mr. Beuttell asked how the fire gravel access drive is being modelled.
Ms. Buczynski stated that it was modeled as runoff curve number 80.
Mr. Beuttell noted that the driveway is supposed to be over compacted dense stone which is
impervious. Mr. Beuttell asked if it were possible to alter the model to allow at least a little bit
of water infiltration in there. Mr. Beuttell noted that the discharge point for the walkway is
still going to allow for a fair amount of water moving through the area. It is located about five
feet up on the slope. Mr. Beuttell raised his concerns regarding the slope and how it will affect
erosion.
Ms. Buczynski stated that they will re -design the walkway.
Ms. Ladd asked what kind of vegetation is on the wetland side of the walkway.
Ms. Kearns stated that there is a lot of buckthorn and other woody vegetation. It is a mix of
native and invasive.
Mr. Bitsko asked if it were possible to install a more natural basin just north to the proposed
gravel fire access driveway. This could provide a series of step pools down to the actual
wetland in order to eliminate the pipe to evoke a more natural flow.
Ms. Buczynski stated that they will look into it further.
Mr. Langseth asked if the existing design has a grate on the top.
Ms. Buczynski confirmed.
Mr. Langseth asked if they have conducted hydraulic testing.
Ms. Buczynski stated that they have modelled it through HydroCAD.
Mr. Langseth raised his concern about whether the test modelled to predict how much force
the flow would provide and if it was able to lift the top off of the grate.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until October 1, 2019 at the applicant's request.
Bpm
DEP 201-1150 BL 1106
NOI Hearing, 3 Patterson Road
Applicant: Duggan and Sons
Project: Raze and rebuild of a single family dwelling
Mr. William Hall and Mr. Chris Duggan presented before the Commission. Mr. Hall
presented the proposed raze and rebuild of the existing single family dwelling. There are two
gravel driveways on the property. They wish to rebuild the dwelling using the existing
foundation which is a slab on grade. There is a proposed rain garden. The gravel driveways
will be removed.
Chairman Hamilton read the engineering memo into the record.
Mr. Beuttell asked what the gravel driveways will be replaced with.
Mr. Hall stated that they will be replaced with loam and seed.
Mr. Bitsko asked what the highest drop will be from the retaining wall.
Mr. Hall stated that the retaining wall will be at the tallest two feet.
Mr. B itsko asked if there was anything preventing the rain garden from overflowing onto the
neighboring property.
Mr. Hall stated that there is a swale. Grading for the swale will be provided. The operations
and maintenance plan will be revised.
Mr. Sal Pace, an abutter, voiced his concerns regarding the current state of demolition of the
dwelling as a point of safety for the neighborhood.
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 to
continue the hearing until September 16, 2019 at the applicant's request.
8:13pm
Continued Public Meetings/Hearings
DEP 201-1137 BL 1094
NOI Cont. Hearing, 127 North Street
Applicant: Ying Chen and Katherine Van Stry o/b/o Bull Realty, LLC
Project: Raze and rebuild of a single family dwelling
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until October 1, 2019 at the applicant's request.
8:14pm
DEP 201-1146 BL 1103
NOI Cont. Hearing, 96 Lowell Street
Applicant: Sander Alves
Project: Addition to a single family dwelling within the 200 foot riverfront area
Mr. Daniel Carr and Mr. Dave Crossman presented the proposed project before the
Commission. Mr. Crossman stated that they are altering 2,045 square feet of riverfront area
for the proposed construction.
Mr. Beuttell asked the applicant to show detailing for the surface depression and the fabric
details for the infiltration system.
A letter detailing riverfront performance standards will be submitted by the applicant.
Mr. Langseth asked what happens to the drainage on the north side of the property.
Mr. Carr stated that the water flow is uncontrolled.
Mr. Langseth noted that the uncontrolled water flow that is directed to Lowell Street could be
a safety concern. Mr. Langseth recommended that the water be directed to the side to keep the
water on their property rather than directing it to the street.
Ms. Dohan asked to clarify the proposed trees to be removed and those proposed to remain.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to
continue the hearing until September 16th at the applicant's request.
DEP 201-1149 BL 1105
NOI Cont. Hearing, 3 Diamond Road
Applicant: Ellan and Robert Siegel
Project: Addition and Drainage work to a SFD
Mr. Scott Smyers presented before the commission. Mr. Smyers noted that the revisions
included adding a tree detail, the limit of hydric soil and infiltration pond detail. Mr. Smyers
asked Ms. Mullins to review the history of the property.
Ms. Mullins stated that there were wetlands on the site when landscaping and grading took
place. A stone swale was installed where a vegetated wetland was located. The stone swale
was found to be located on the abutting property after a survey was conducted.
Mr. Langseth asked if the applicants and their team could use the stone swale for drainage
even though it is on the abutting property.
Mr. Smyers stated that the neighbor has not agreed nor disagreed that the applicant could use
the swale for drainage.
Mr. Beuttell asked if we know what the wetland boundaries were before the wetland was
filled in.
Ms. Mullins stated that they do not know how far the wetland extended.
Mr. Smyers noted that j ewelweed and white pines are prevalent in the area. Mr. Smyers stated
that the area does not function as a wetland currently.
Mr. Beuttell noted that there is no proposal to remove the stone.
Mr. Smyers stated that they would ideally leave the stone alone.
Mr. Beuttell stated that he cannot vote in good conscious knowing that a wetland was altered.
Chairman Hamilton read the engineering memo into the record.
The Commission discussed possible restoration efforts that could take place.
Mr. Langseth suggested that the project at large could be treated separately from the violation
(alteration of the previously existing wetland).
Mr. Beuttell and Mr. Bitsko raised their concerns regarding drainage.
The hearing was temporarily paused.
Mr. Russell, the project engineer, joined Mr. Smyers. Mr. Russell expressed his confidence in
the proposed drainage system. Mr. Russell stated that the majority of the water runoff is
directed to the infiltration pond and corresponding swale/pipe.
Mr. Bitsko raised his concern if a large storm event were to occur.
On a motion by Mr. Wolk and seconded by Mr. Langseth the Commission voted 7-0 to
continue the hearing until September 16th, 2019 at the applicant's request.
9:30pm
DEP 201-X BL X
NOI Cont. Hearing, 2 Barrett Road
Applicant: Seiko Ikezu
Project: Raze and Rebuild of a deck and shed
Ms. Ikezu stated that they have chosen a 10' by 10' sized shed instead of the originally
proposed larger shed. The foundation will be made of nine concrete blocks. The shed is
proposed to be in the same location of the existing shed.
The Commission recommended that they move the shed outside of the floodplain or at least
partially outside of the floodplain.
Susan Caldarella, an abutter, voiced her opposition of the shed.
Sharon O'Connor, an abutter, voiced her support for the shed.
The Commission asked the applicant to propose a specific type of vegetation that will be
planted where the current shed is being removed if the new shed goes somewhere else.
On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 to
continue the hearing until September 16, 2019 at the applicant's request.
DEP 201-1148 BL 1104
NOI Cont. Hearing, 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 reported
that he conducted a soil test and was able to dig down 14 inches until he hit a compacted
gravel layer. There was no soil saturation at that time. The revised plans submitted showed
more detailed grading and some proposed maple trees to assist with drainage.
Mr. Joseph showed the Commission the revised grading which varies between 1% and 1.5%
grades which will ensure that water will flow away from the patio.
Mr. Kirby stated that gravel that will be installed will have a void ratio which will be greater
than the current soils that are there. The project overall has a net increase of 50 cubic feet for
flood storage.
Mr. Langseth stated that though the Engineering Memo states that the applicant is not in
compliance with the engineering standards for conservation, he believes that the project may
be considered in compliance because the only stormwater being managed in the patio area is
the precipitation that falls on the patio.
Mr. Kirby inquired about the possibility to "bank" the flood storage acquired in this project
for the larger project the applicant proposes to apply for in the future.
The Commission decided to not comment on that idea at this time.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 to close
the hearing.
DEP 201-X BL X
NOI Cont. Hearing, 7 Lois Lane
Applicant: William Keim
Project: Construction of deck and patio
Ms. Cerise Jalelian presented before the Commission the supplemental information that the
Commission had asked for.
On a motion by Mr. Wolk and seconded by Ms. Dohan, the Commission voted 7-0 to close
the hearing.
DEP 201-968 BL 926
Amendment to an Order of Conditions Cont. Hearing, Rangeway Extension and SFH Lot
Applicant: Suzanne Raymond
Project: Construction of a roadway, retaining wall and single family dwelling
Mr. Fred Russell and Ms. Raymond presented before the Commission.
Chairman Hamilton read the engineering report into the record.
Ms. Mullins stated that the applicant will have to go before MassDEP again to have this
project approved.
Mr. Eric Wilker, an abutter, mentioned a proposed storm drain to be replaced which has a
pipe beneath it. Mr. Wilker asked that the pipe be replaced.
The Commission discussed the potential merits of replacing the pipe.
Mr. Russell suggested that the Commission add a condition for the applicant to assess the
quality of the pipe when the project begins in order to determine if the pipe needs to be
replaced.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to close
the hearing.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward
Directors, and Tree Committee
Ms. Dohan stated that she represented the Conservation Commission at a recent Special
Permit Residential Development Zoning Bylaw Amendment Committee meeting.
On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 to
adjourn the meeting.
l Opm