Loading...
HomeMy WebLinkAbout2007-08-07-CONCOM-minMINUTES — LEXINGTON CONSERVATION COMMMISSION August 7, 2007 Commissioners present: Joyce Miller, Stew Kennedy, Dick Wolk, Angela Frick, Phil Hamilton Absent: Dave Langseth, Duke Bitsko Others present: Karen Mullins, Administrator; Adam Bossi, Assistant Administrator; Louise Vinci, Department Clerk Joyce Miller, Chair, opened the meeting at 7:30 p.m. in room G -15, Town Office Building. 7:30 p.m. Informal Meeting: First Parish Church, Melissa Broderick presented a letter and informal plans to pave an existing dirt parking lot. The purpose of the presentation was to ask for the commission's advice and receive input /feedback on the feasibility of a formal request. The commission advised the church that the requirements for paving the parking lot were: • Notice of Intent filing • A wetland delineation • A Stormwater management plan with supplemental calculations • 50 -foot setback with 25 -foot naturally vegetated buffer zone It was identified that the commission may consider reducing the not less than 25 foot naturally vegetated buffer zone setback, but this consideration would only be made if clear and convincing evidence were provided that the plan put forward by the church would greatly enhance the wetlands. The church was also advised to work closely during planning with Administrator Mullins. 7:50 p.m. Hearing,: 59 Led eg lawn Avenue, Present for applicant /homeowner: Brian Timm, Meridian Associates Scott Smyers, Oxbow Associates Peter Daus - Haberle, Daus - Haberle Design Nancy Bartlett and David Gambone, homeowners Mr. Smyers presented a plan to construct an addition with roof runoff infiltration system, and replace existing deck. During presentation Mr. Timm asked the commission to consider allowing for the addition to be moved into the 50 -foot buffer zone by no more than 3 feet in order to ensure the survival of a large caliber tree. Chairman Miller read town engineer's response dated 8/7/07 regarding the drainage system into record. Comments from commission followed: Angela Frick spoke to the homeowners about the importance of brooks, and explained that the North Lexington Brook is Page 1 of 5 MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING August 7, 2007 a perennial stream that needed to be protected. Stew Kennedy commented that he lives in this area, he said the owner seemed conscientious of the stream and kept the streams buffer clear of leaves and grass clippings. Mr. Kennedy also said he would be in favor of allowing the addition to moving three feet into the buffer zone if the commission was assured the tree would be saved as a result. Joyce Miller appreciated the currents owners' appreciation of the wetlands but was concerned about the long term. Ms. Miller asked if the addition would have a full foundation and if the deck would be removed and replaced. Ms. Miller suggested malting the addition and /or deck smaller. In response to the commission's comments: Peter Daus - Harberle said the addition's foundation could be modified to help preserve the tree and that a strip of natural vegetation could be restored along the stream bank with a split post fence installed to protect it. Motion made and seconded to close hearing, 5 -0 in favor. 8:10 p.m. Hearing: 7 Milk Street, Present for the owner /applicant: George Dimakarakos, Stamski and McNary, Inc. George Dimakaraltos presented a plan to demolish a house and replace it with a larger house. No engineering report was available from the town engineer at the time of the hearing. Comments from the commission followed: Administrator Mullins inquired whether soil evaluations were conducted when delineating the wetlands line because based on site visit, it appeared that the wetland boundary did not accurately reflect the wetlands based on soils. She also inquired whether the sizing of the stormwater management system was sized in compliance with the revised bylaw regulations based on the total impervious surface proposed on the site versus just the increase from existing proposed. Stew Kennedy was concerned about saving the trees on the property and wanted to know what effect this project would have on them. Mr. Kennedy also wanted to go on record stating that the house is too big for the lot leaving no room for trees, taping away from the tree canopy that provides shade and protection to the wetlands. Phil Hamilton wants revised plan submitted showing soil test pits marked on the plan and in the field. Comments from the audience: Charles Marge, 12 Manning Street, was concerned that runoff from the project would go into wetlands. Mr. Dimarkarakos responded to the commission by saying that wetland data sheets were provided and that the wetlands consultant could provide follow up on where the test pits were conducted. He explained that the calculations were based Page 2 of 5 MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING August 7, 2007 on the site as an undeveloped site. He also said that two trees, a pine and a maple, would have to be removed. Motion made and seconded to continue the hearing at applicant's representative's request to August 21, at 8:30 pm, 5 -0 in favor. 8:25 p.m. Hearing: 14 Peachtree Road, Present for the owner /applicant: Benjamin Osgood Jr., New England Engineering Murali Mendon, Owner No engineering report was available from the town engineer at the time of the hearing. Benjamin Osgood described plan to cover existing porch and install infiltration system. During the presentation Mr. Osgood told the commission the wetlands had been flagged for previously filing and were reflagged for this filing. Comments from the commission followed: Angela Frick asked what material would be used under deck. Stew Kennedy wanted to know if the wetlands had been redelineated or just reflagged based on past filing. Comments from the audience followed: Ruth Williams, 16 Peachtree Road, (former commissioner) described the wetlands in the area, and felt that covering the deck would have no impact on wetlands. In response to the commissions' comments, Mr. Osgood said that under the porch would be covered with gravel, and the wetlands had not been redelineated, because the line was apparent in the field. Motion made and seconded to continue the hearing at applicant's representative's request to August 21, at 7:30 pm to enter the town engineer's response into record, 5 -0 in favor. The Commission also agreed that they would be willing to review and issue an Order of Conditions at the August 21 meeting if the engineering response was favorable. 8:35 p.m. Meeting: 21 Partridge d, Present for the owner /applicant: Chuck Budwick, Cabco Consult Justin Dufresne, Cabco Consult Vanessa Cervone, owner /applicant Mr. Budwick presented plan, which included expanding driveway and altering landscaping. Much of the planting would be done around an isolated pooling area, which Mr. Budwick explains is not a wetland because it doesn't meet state Page 3 of 5 MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING August 7, 2007 requirements. During the presentation, it was also identified by Mr. Dufresne that LEC Environmental Associates might have flagged the isolated pool as wetlands but they were not involved with the current filing. Comments from the commission followed: Administrator Mullins informed Mr. Budwick that although the isolated pond in question may not conform to all of the wetland criteria under the state per his determination, if the soil and vegetation indicate it's a wetland, it will qualify as a protected resource area under the town Wetland Protection Code. Stew Kennedy would like to see back -up soil and vegetation data for the wetlands area as delineated on the plan. Phil Hamilton stated the commission needs to know if this area is a protected area under the Act or Code before proceeding forward, for this determination greatly impacts whether the project is approvable as currently proposed. Motion made and seconded to continue at applicant's representative's request to August 21, 2007. 9:00 P.M. 15 Independence Avenue, Present for the owner /applicant: Peter Gammie, Columbia Design Group Roger Washburn, Roger Washburn Architectural Beverly Schwartz, Owner /applicant Mr. Gammie presented supplemental information including an enlarged infiltration system and revised drainage calculations. Comments from the commission followed: Dick Wolk asked if the cellar had always flooded. Mr. Wolk also asked how much impervious surface was added to the property in 2003 and how much is proposed presently. Motion made and seconded to issue a Negative Determination under the Code with conditions regarding the drainage system installation and operation and maintenance, 4 -0 in favor. 9:10 P.M. Issue Order of Conditions: 26 Ingleside Road, (201 -713) Motion made and seconded to issue an Order of Conditions with conditions as drafted, 4 -0 in favor. 9:11 P.M. Issue Order of Conditions: 39 Ledgelawn Avenue, (201 -714) Motion made and seconded to issue an Order of Conditions with conditions as drafted, 4 -0 in favor. 9:12 p.m. Issue Order of Conditions: 28 Dewey Road, (201 -712) The commission recognized that some of the construction would be inside the 50 foot wetland buffer zone, but because of the proposed mitigation efforts, including runoff and erosion control, the commission has been persuaded by clear Page 4 of 5 MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING August 7, 2007 and convincing evidence that the smaller buffer will secure the interests protected by the Act and Code. Motion made and seconded to issue an Order of Conditions with conditions as drafted, 4 -0 in favor. 9:15 p.m. Approve June 26 minutes Motion made and seconded to approve minutes of June 26, 2007. 5 -0 in favor 9:16 p.m. Approve July 10 minutes, Motion made and seconded to approve minutes of July 10, 2007, 5 -0 in favor 24 Saddle Club Road Brain Timm of Meridian Associates, came in front of the commission to ask their advice on the best way to rectify an issue regarding installation of a circular drive way by the owners without the commission's approval. Mr. Timm has spoken with Administrator Mullins about ideas for mitigation including; • leaching catch basins at either end of driveway • pervious paver apron at either end of driveway • trench drains Comments from the commission followed: Joyce Miller thought the leaching system would be a good solution. Phil Hamilton said a request for an Amended Order of Conditions would need to be submitted for the proposed solution. 9:30 p.m. Commission voted by roll call vote to go into executive session for the purpose of discussing land acquisition and agreed not to reopen the meeting to the public. Respectfully submitted by, Louise Vinci Department Clerk Page 5 of 5