The URL can be used to link to this page

Home My WebLink About2022-03-21-Concom-min RECEIVED 5 M°ROV 2122 '12 Apir, 129 p rn Q PUBLIC MEETING MINUTES Conservation Commission TOWN CL,ERK APRIMeeting broadcasted by LexMedia LEXIN G't 0 L,EXiNrTMA AGENDA Monday, March 21, 2022, 6:30 p.m. This Conservation Commission meeting was held remotely via Zoom, an online meeting platform. Public Participation via calling in or using your computer was encouraged. Commissioners Present: Kevin Beuttell, Duke Bitsko, Alex Dohan, Philip Hamilton, Ruth Ladd and Holly Samuels (not present: David Langseth) Associate Members Present: Jason Hnatko (not present: Vinita Bose) Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters CDOA-21-5, vote to approve planting list and designgarden for pollinator planting gfor pollinator planting garden at the Brown Homestead along bikeway; Charles Wyman, Lexington Living Landscapes Mr. Charles Wyman and Ms. Georgia Harris of Lexington Living Landscapes provided the Commission with an overview of the proposed planting list and overall design for the pollinator garden along the bikeway. Mr. Wyman stated that invasive removal will continue for a number of years via manual cutting, and that the planting garden will establish itself over time. The species chosen are more vigorous and expected to give the knotweed more competition. Mr. Wyman stated that putting in individual plantings rather than a seed mix will help to compete better against the knotweed. Staff will review whether or not the cherry tree should be removed and provide oversight on any planting substitutions, if necessary. On a motion by Ms. Dohan and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to approve the planting list and design for the pollinator planting garden. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:46 PM Request for Certificate of Compliance: 501 Marrett Road, ViewPoint Cloud Permit# COC-22-6, DEP4201-1087, BL 1044 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call to issue the Certificate of Compliance. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:48 PM Issue Amendment to the Order of Conditions: 17 Coolidge Avenue, ViewPoint Cloud Permit# AOOC-22-5, CNOI-21-24, DEP4201-1228 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:49 PM Issue Order of Conditions: Vynebrooke Village, ViewPoint Cloud Permit# CNOI-21-45, DEP4201-1248 On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:51 PM Open Space and Recreation Plan—Discuss and aprove Open Space and Recreation Plan Advisory Subcommittee charge On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to establish the Open Space and Recreation Plan Advisory subcommittee. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:57 PM On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the charge of the Open Space and Recreation Plan Advisory Subcommittee. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:58 PM Schedule site visits for 4/4/2022 Agenda The site visits will take place on Saturday, April 2, 2022 at 9:30 AM 7:00 PM New Public Meetings/Hearings 45 Fottler Avenue—Notice of Intent ViewPoint Cloud Permit# CN0I-21-46, DEP#201-1250 Applicant/Property Owner: Marina and Igor Balk Project: demolition of a detached one-car garage and subsequent construction of a detached two- car garage within the 200-foot Riverfront Area of Mill Brook Documentation Submitted.- - ubmitted:— Notice of Intent application and attachments; Prepared by: Stamski And McNary, Inc.; Prepared for: Marina and Igor Balk; Date: 11/23/2021; — "Wetland Permitting Plan"; Prepared by: Stamski And McNary, Inc.; Stamped and signed by: George Dimakarakos, PE Civil No. 41281; Scale: 1"=20' and as noted not to scale; Date: 12/3/2021; — "Stormwater Management Report"; Prepared by: Stamski And McNary, Inc.; Stamped and signed by: George Dimakarakos, PE; Date: 12/3/2021; Mr. Robert Melvin, Stamski and McNary, Inc.,presented to the Commission. Questions and Comments from the Commission: — Will the existing slab of concrete under the garage remain? — How does runoff get from the roof to the infiltration system? — Concerned about the location of the trench next to the pavement. It is not a consistent treatment. How will it be maintained over time? A future owner may not understand the purpose of the trench and fill it in over time. — Not persuaded by the alternatives analysis for building within the Riverfront Area. You are asking for a waiver of the regulation on building within the 100-foot riparian zone. — Please show the downspouts on the site plan. Responses from the Representative: — The existing slab of concrete will remain. The proposed garage is prefabricated and will be installed in one piece. The area underneath the proposed garage was treated as open space in good condition in the stormwater calculations. — Gutters and downspouts are being proposed. — Wanted to keep the trench at least 10 feet away from the house. Proposing gutters that lead directly into the trench. Ms. Mullins clarified that the Town of Arlington will support restoration of their abutting property that has been encroached on by the ornamental lawn grass and plantings, and would want the opportunity to review the restoration plan. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the April 4, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:21 PM 0 Stedman Street (roadway shoulder, Map 24, Lot 77)—Request for Determination of Applicability ViewPoint Cloud Permit#CDOA-22-2 Applicant: MSR Utility, Inc. Property Owner: Town of Lexington Project: excavation of a trench within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area Documentation Submitted.- - ubmitted:— RDA WPA Form 1 Application and attachments; Prepared by: Leah Basbanes, Basbanes Wetland Consulting; Prepared for: MSR Utility, Inc.; Date: 2/18/2022; — Site Plan; Not dated; — "Narrative for Request for Determination of Applicability"; Prepared by: Basbanes Wetland Consulting; Date: 2/18/2022; — Photos of site; Mr. Matthew Raymond, MSR Utility, Inc.,presented to the Commission. Mr. Raymond stated that the project team hopes to begin work in June when the conditions are drier. A vacuum truck will be parked on the bridge above the project site to remove any excess soils. Questions and Comments from the Commission: — Is there an existing anode bed in the area? Responses from the Representative: — There is not an existing anode bed in the area. The rest of the system is plastic. Will run the 50 feet of pipe through the brook because the town does not want plastic in the water. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue a Negative Determination with conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:27 PM 475 Bedford Street—Notice of Intent ViewPoint Cloud Permit# CN0I-22-6, DEP#201-#### Applicant/Property Owner: Ed Nardi, Cresset Lexington LLC Project: redevelopment of an existing sports and tennis club building with a 4-story lab/R&D facility with pedestrian access, outer amenity space, and a parking garage within a Bordering Vegetated Wetland, two Isolated Vegetated Wetlands, the 100-foot buffer zone to Bordering Vegetated Wetlands, and the 100-foot buffer zone to Isolated Vegetated Wetlands Documentation Submitted.- - ubmitted:— "475 Bedford Street Proposed Redevelopment" and attachments; Prepared by: VHB; Prepared for: Cresset Lexington LLC; Date: March 2022; — "Site Plans"; Cover Sheet, Sheet C1.00 "Legend and General Notes", Sheet C2.00 "Site Preparation and Erosion Control Plan", Sheet C3.00 "Grading and Drainage Plan", Sheet C4.00 "Site and Construction Details", Sheet C5.00 `Buffer Area Comparison Plan", Sheet L1.00 "Site Planting Plan", Sheet E1.00 "Site Resource Area Plan", and Sheet E2.00 "Wetland Replication Plan And Details"; Prepared by: VHB; Date: 3/l/2022; — Stormwater Report"475 Bedford Street Proposed Redevelopment" and "Stormwater Operation and Maintenance Plan"; Prepared by: VHB; Date: March 2022; — "Photography Log"; Locus: 475 Bedford St, Lexington, MA; Prepared by: VHB; Date or photographs: April 2021; Mr. Hamilton recused himself because he is an abutter of this property. Mr. Ed Nardi, Cresset Development, Ms. Laura Laich, VHB, and Mr. Sean Colella, VHB, presented to the Commission. Questions and Comments from the Commission: — There are ash trees on the wetland plant list. This is not a species we should be planting, but open to other opinions. Many ash trees in Lexington are compromised. — There isn't a lot of rooting volume in the parking lot landscape islands and there may be height restrictions which could influence the species chosen. There may be better native species to select. — Recommend planting herbaceous plant plugs, either quarts or gallons, rather than a seed mix to establish the wetland replication areas. — The Operation & Maintenance Plan says both salt and sand will be used. How will that be managed long term? — Would prefer at least a three-year monitoring period for the replication plantings. Responses from the Representative: — Planting ash trees does differ from community to community, and the goal is to plant a tree to shade out the invasive species. This can be changed based on the Commission's preferences. — Will plant plugs plus seed mix as necessary in the wetland replication areas. The Conservation Commission will hire an outside peer consultant to review the proposed stormwater management. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Recused 8:06 PM Continued Public Meetings/Hearings 39 Ledgelawn Avenue -Request to Amend the Order of Conditions ViewPoint Cloud Permit#AOOC-22-3, CNOI-21-41, DEP#201-1244 Applicant/Property Owner: Richard A. Jensen Project: construction of a stone walkway and front portico, and associated landscaping Previous Meeting Date: 3/7/2022 Supplemental Documentation Submitted: — Site Plan; Date: 9/14/0221 and revised through 3/7/2022; — "Appendix to Stormwater Analysis and Calculations Issued on January 31, 2022"; — Memorandum; From: Marissa Liggiero, Engineering; Subject: 39 Ledgelawn Ave AOOC Engineering Comments 2; Date: 3/14/2022; On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:09 PM On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:10 PM 840 Emerson Gardens Road—Request to Amend the Order of Conditions ViewPoint Cloud Permit#AOOC-22-4, CNOI-20-14, DEP#201-1184 Applicant: Seaver Construction Property Owner: Emerson Gardens LLC c/o Seaver Construction Inc. Project: after the fact approval of an increase of approximately 4205 square feet of impervious coverage Previous Meeting Date: 3/7/2022 Supplemental Documentation Submitted: — Memorandum; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 840 Emerson Gardens Rd Subdiv AOOC Engineering Comments 2; Date: 3/14/2022; Mary Trudeau, wetlands consultant, and Mr. Tim Sullivan, Seaver Construction,presented to the Commission. Mr. Sullivan stated that the rear half of Building 42 will be disconnected from the existing infiltration system and will be collected by a separate, new system. The front of Building 42 will remain on the original system. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:14 PM On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:15 PM 23 Oxbow Road—Notice of Intent ViewPoint Cloud Permit# CNOI-22-4, DEP#201-1255 Applicant/Property Owner: Sameer Kawatkar Project: construction of a deck and addition to the rear of the dwelling located within the 100- foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 3/7/2022 Supplemental Documentation Submitted: — Site Plan; Sheet 1 of l; Prepared, stamped and signed by: Frederick W. Russell, PE; Scale: 1"=20' and as noted not to scale; Date: 2/9/2022 and revised through 3/14/2022; Ms. Mary Trudeau, wetlands consultant,presented the proposed change to the Commission. Ms. Trudeau stated that the proposed Infiltration System 42 has been moved 10 feet farther away from the trees and additional grading has been added for root protection. The shed has been relocated from the south side to the north side of the yard to reduce the jurisdictional impact on the wetlands. Mr. Beuttell stated that he requested changes be made to the tree protection at the previous meeting and added that a standard Condition may cover that protection. Ms. Trudeau responded that the grading was moved but the physical tree protection did not change. This will be added as part of a Condition. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:19 PM 3 Joseph Comee Road—Request to Amend the Order of Conditions ViewPoint Cloud Permit#AOOC-22-7, CNOI-21-13, DEP#201-1217 Applicant/Property Owner: Eman Morgan Project: construct a 16'± x 29'± addition off the northwest portion of the house, a 9'±x 11'± entrance off the western portion of the house, and a 5'±x 12'±basement exit/entry at the northeast portion of the house. The southern portion of the roof that drains to Joseph Comee Road is not proposing any additional impervious area Previous Meeting Date: 3/7/2022 Supplemental Documentation Submitted: — Memorandum; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 3 Joseph Comee AOOC Comments 2; Date: 3/14/2022; On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:21 PM On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve the amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:22 PM 9 Philip Road(Bowman School)—Notice of Intent ViewPoint Cloud Permit# CN0I-22-5, DEP#201-1254 Applicant/Property Owner: Town of Lexington Project: Install concrete pad-mounted battery system to support existing solar renewable energy system. Located within the 100-foot buffer zone to Bordering Vegetated Wetlands, Bank, and 200-foot Riverfront Area(Beaver Brook) Previous Meeting Date: 3/7/2022 Supplemental Documentation Submitted: None Mr. Stephen Herzog, Wood Massachusetts, Inc. and Mr. Nabih Younis, Ameresco,presented to the Commission. Mr. Herzog stated that there is no other option for relocating the pad and requests a waiver to the 25-foot No Disturb buffer zone. Karen Mullins noted they need a waiver request in writing. Questions and Comments from the Commission: — What mitigation is being proposed? — Could a fence be installed to eliminate bikes through this area? — Need to see more being proposed for mitigation. — Can you explore opportunities for mitigation on the adjacent town-owned land? — Could propose a woodland area rather than a meadow. It has benefits that the meadow doesn't have. Responses from the Representative: — The area to the north of the pad is a poor meadow and could be enhanced with native plants and pollinator species. The Town Facilities will not allow any more conversion of mowed lawn area to other uses. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the April 4, 2022 hearing at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:35 PM New Business/Pendine Matters, Continued Approve Minutes: 2/22/2022 and 3/7/2022 On a motion by Ms. Ladd and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to approve the Minutes of the February 22, 2022 meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:36 PM On a motion by Ms. Dohan and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to approve the Minutes of the March 7, 2022 meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:37 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working g Group Ms. Dohan stated that she will be making the Wright Farm barn stabilization presentation in a few weeks at Town Meeting. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:41 PM Respectfully Submitted, Meghan McNamara Department Assistant— Conservation Approved: 4/4/2022 Archived: 4/5/2022