HomeMy WebLinkAbout2007-09-11-CONCOM-minMINUTES — LEXINGTON CONSERVATION COMMMISSION September 11, 2007
Commissioners present: Joyce Miller, Stew Kennedy, Dick Wolk, Angela Frick, Phil Hamilton,
Duke Bitsko, David Langseth (7:40 pm)
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.
7:40 p.m. Continued Hearing: 177 Grove Street,
DEP# 201 -705, BL 662; M/L 0087000005
Present for the applicant /homeowner: Steve Eriksen
Steve Eriksen presented a brief overview of changes made to the plan since the
last time this project was brought before the commission. The revised changes
included the omission of foundation drains and adding a waterproof membrane
coating to the foundation.
Ms. Miller read the independent engineering review from Tutela Engineering
Associates into record.
Comments from the commission followed: Phil Hamilton asked if houses would
have a basement or slab foundation. Mr. Erikson answered that they would have
basements. Dick Wolk asked about expanded wetland area proposed in
applicant's August 14 document, and would like to know the purpose of the
enhancement. Administrator Mullins answered that the enhancement was
something that may have come up at a site visit or during a planning board
hearing, she was not sure if the proposed enhancement would become a wetland
due to the hydrology of the soil and was concerned because the vegetated upland
buffer would be destroyed in trying to create the wetland. Stew Kennedy noted
the plan showed the grading on driveway from Dewey Road but no grading on
driveway from Grove Street. Mr. Eriksen answered that the grade on the Grove
Street driveway would not change from present grade. Mr. Kennedy asked what
the driveway would be made of and if it would cause an increase in runoff toward
the abutting properties. Mr. Eriksen replied the driveway would be repaved but
would not cause more runoff because it was already impervious and part of the
driveway would be removed. David Langseth inquired if the possibility of
installing infiltration systems for foundation drain like the ones installed for roof
runoff had been explored. Mr. Eriksen replied that it would make the installation
of the infiltration units larger, cumbersome, difficult and expensive so they were
decided against. Mr. Langseth asked how the new owners should handle the
resulting water issues if the foundation waterproofing should fail. Mr. Eriksen
replied that the contractor guaranteed the waterproofing. The contractor would
use a membrane on the outside as well as under the foundation footings. Duke
Bitsko asked if separate erosion and sediment control plan were submitted. Mr.
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MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING September 11, 2007
Eriksen replied they were submitted with original plans. David Langseth would
like a follow up on drainage along driveway before connecting to Dewey Road.
Dick Welk asked what, if any, impact this project would have on the abutters
during the spring when rainfall was heavy. David Langseth responded to Mr.
Wolk by saying that the roof run off would be mitigated by the infiltration system
and because the applicant had omitted the foundation drains, the basements would
not increase the amount of ground water flowing down hill. Angela Frick would
like to know if the trees in open space A and B would be cut down. Mr. Eriksen
said the trees in those areas would not be cut down. Mr. Kennedy stated that he
was not satisfied with Mr. Eriksen's response to his earlier posed question
regarding the grading at the Grove Street driveway. He stated it is not clear from
the plan that water will run off the driveway toward Grove Street; as the applicant
contends, rather then onto the abutters' properties. Mr. Eriksen agreed to provide
spot - grades along the driveway which will show this.
Comments from the audience to follow: Bill Mix, 153 Grove Street asked where
the wetland area on the property was located. Fred Martin, 29 Dewey Road
wanted follow up on his letter dated September 6, 2007. Mr. Mal asked if the
drainage calculations tools into account compaction of soil resulting from heavy
equipment used during construction. Mr. Eriksen replied that drainage
calculations were made based on a drainage rate of 9 inches per minute, when the
soil there drained at 30 inches per minute. Mr. Martin also wanted to know what
recourse abutters would have if foundation waterproofing failed and homeowners
started using sump pumps. He asked if a sump pump restriction could be included
in the conditions. Vita and Letitia Hom, 175 Grove Street questioned the accuracy
of the soil data in which the drainage calculation for this project were based.
Lititia Hom read her findings from a document later submitted into record and
asked that the application for this project be denied. Al Salvato, 3 Gould Street
asked if the commission had resolved an issue regarding the unauthorized use of a
sump pump at 179 Grove Street. Mr. Gould resubmitted into record a letter dated
September 19, 2006. John Frankovich of 19 Dewey Road was concerned that the
water table numbers didn't add up, he thought that the perched water level in the
spring would be an issue, and believed the infiltration system would not work
properly due to the fact that it would flood. Michael Kurtz, 23 Dewey Road felt
that the project would redirect storm water runoff and the runoff would be very
damaging to the homes of the abutting properties down hill from the project.
Dick Wolk would like Tutela to address the validity of the Homs' comments prior
to closing the hearing. Mr. Welk was concerned about the waterproofing on the
foundations and would like more of a guarantee. He was also concerned at the
lack of recourse for any abutting of the properties that may suffer damages
resulting from proposed project. Mr. Wolk would like to know what the realistic
difficulties would be in keeping the proposed foundation drains and putting in
larger infiltration systems and suggested a continuance to address these concerns.
David Langseth asked if Tutela had previously addressed these concerns.
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MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING September 11, 2007
Administrator Mullins responded that Tutela said that the calculations showed the
plan would work. Mr. Langseth said he would like to see the details.
Conditions identified:
• Membrane use in foundation waterproofing
• Prior to work, submit spot grades along the Grove Street driveway
• No installation of sump pumps in perpetuity without appearing before and
receiving permission from the Conservation Commission
• Submit evidence of guarantee waterproofing will not fail.
Motion made and seconded to continue at applicant's representative's request to
September 25, 2007, 7 -0 in favor.
8:50 pm Continued Meeting: 21 Partridge Road
DET# 07 -28, M/L 0086000040
Present for the applicant /homeowner: Glenn Krevosky, Cabco Consulting
Justin Dufresne, Cabco Consulting
Chuck Budwick, Cabco Consulting
Anthony Bernstein, Landscape Designer
Richard Cervone, homeowner /applicant
Vanessa Cervone, homeowner /applicant
Justin Dufrasne gave a brief project update including eliminating the proposed
driveway turnaround and widening the driveway from 14 feet to 18 feet. Glen
Krevosky submitted wetland data sheet with memo.
Comments from the commission to follow: David Langseth asked the source of
PVC pipe at the driveway. Mr. Langseth also wanted to know the total square
footage of the driveway and was concerned about the lack of erosion controls
presented. Angela Frick would like to see the driveway be made of pervious
materials. Duke Bitsko noted that only about half of the proposed planting were
native to the area and suggested revision. Administer Mullins noted that the
project was much larger than what was proposed in the front yard, it included
retaining walls, patios, and walkways, that would impact the amount of runoff
coming into the front yard. Mr. Krevosky questioned if the commission had
jurisdiction over that part of the project and Phil Hamilton assured him they did.
Motion made and seconded to issue a negative determination with conditions, 7 -0
in favor.
9:20 pm Meeting. Valley Road,
DET# 07 -31, M/L 0072000521
Present for the applicant /homeowner: Jonathan Char Stantec Inc.
Jonathan Charwick presented a plan to repave and rotate a tennis court, as well as
replacing posts, nets, and fence surrounding court.
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MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING September 11, 2007
Comments from the commission to follow: Stew Kennedy was concerned that
tree roots might be damaged during fence replacement. David Langseth was
concerned about runoff. Mr. Charwick replied that runoff would be captured in a
trench at the top perimeter of the tennis court.
Motion made and seconded to issue a negative determination, 7 -0 in favor.
9:29 pm Issue Certificate of Compliance: 22 Butterfield Road,
DEN 201 -301, BL 254, M/L 0038000138
Present for applicant /homeowner: Kevin Borselli, Engineer
Mr. Cutone, applicant/ homeowner
Kevin Borselli reviewed project's history and outlined discrepancies between the
Order of Conditions and the resulting project as it stands.
• The driveway is made of impervious materials; whereas the Order of
Conditions calls for it to be pervious.
• The approved plan called for an exterior swimming pool; whereas the
existing house is larger than approved plans indicate and the swimming
pool is enclosed by it.
• The amount of over all impervious surface was greater than approved
(16% opposed to 11 %).
Comments from the commission follow: Administrator Mullins stated that there
were issues including that the conditioned Conservation Restriction had not been
enacted, the Order of Conditions was outstanding and the project was non-
compliant to the Order. Ms. Mullins also questioned if drywells had been
installed. She noted that during the site visit she had observed direct outlets into
resource area that were causing erosion, and dumping in the Conservation
Restriction area. Angela Frick was concerned about the fact that the driveway was
not made with pervious materials. Phil Hamilton said that Certificate of
Compliance could not be issued until issues and conflicts with the Order of
Conditions had been resolved.
Issue Order of Conditions: 33 Dawes Road
DEN 201 -718, BL 675, M/L 0023000001
Motion made and seconded to issue Order of Conditions, 7 -0 in favor.
Issue Order of Conditions: 7 Milk Street
DEN 201 -716, BL 673, M/L 0064000043
Motion made and seconded to issue Order of Conditions, 7 -0 in favor.
Issue Certificate of Compliance: 81 83 Hartwell Avenue & 20 Maguire Road,
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MINUTES — LEXINGTON CONSERVATION COMMMISSION MEETING September 11, 2007
DEP3 201 -707, BL 664, M/L 00800004A, 008000004B, 008500013A
Motion made and seconded to issue Certificate of Compliance, 7 -0 in favor.
Approve Minutes: July 24, 2007,
Motion made and seconded to approve minutes, 7 -0 in favor.
Approve Minutes: August 7, 2007,
Motion made and seconded to approve minutes, 7 -0 in favor.
10:30 pm Meeting adjourned.
Respectfully submitted by,
Louise Vinci
Department Cleric
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