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Home My WebLink About2020-05-04-CONCOM-min PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, May 4th 2020, 6:30 p.m. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 and subsequent Orders imposing strict limitation on the number of people that may gather in one place, this meeting of the Lexington Conservation Commission will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found below. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of Lexington website or through LexMedia an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. This Conservation Commission meeting will be held remotely via Zoom, an online meeting platform. Public Participation via calling in or using your computer is encouraged. Commissioners Present: Phil Hamilton, David Langseth, Kevin Beuttell, Duke Bitsko, Alex Dohan, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Katie Luczai, staff assistant 6:30 pm New Business/Pending Matters Insignificant Plan Change Request: 127 North Street, Propane Tank The applicant requested to install a propane tank within the existing limit of work line. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the insignificant plan change. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 15 Oxbow Road DEP 201-1177 VPC#CNOI-20-6 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 11 Volunteer Way DEP 201-1175 VPC#CNOI-20-3 On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 4 Blinn Road DEP 201-1176 VPC#CNOI-20-7 On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye The applicant will have to submit a revised planting plan as a special condition. Issue Order of Conditions: 137 Wood Street DEP 201-1178 VPC#CNOI-20-5 On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 4 Tidd Circle DEP 201-1154 VPC#CNOI-19-16 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Amendment to the Order of Conditions: 20 Pelham Road DEP 201-1082 VPC#AOOC-20- 6 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to issue the amended order of conditions. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Approve Minutes: 4-21-2020 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the meeting minutes pending suggested edits. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye New Public Meetings/Hearings ViewPoint Cloud Permit #CNOI-20-13 DEP 201-1181 Notice of Intent, 501 Marrett Road Applicant: Town of Lexington Recreation Dept. Project: Bathhouse renovations and wetland restoration Documentation Submitted:  MassDEP Notice of Intent application with attachments, prepared by John Noonan of Noonan & McDowell, prepared for Town of Lexington Recreation Dept., dated 3/31/2020  Project Plans, “Site Plan of Land”, prepared by Noonan & McDowell, dated 3/5/2020, signed and stamped by John L. Noonan PE#36821  Drainage Review, prepared by Noonan & McDowell, dated 3/5/2020  Plans, “Old Reservoir Bathhouse, 80% CD-Review Set”, prepared by Colin Smith Architecture, Inc., dated 3/24/2020, Sheets 1-7  Engineering Memo, from Michael Sprague, to Karen Mullins, “501 Marrett Rd NOI Engineering Comments”, dated 4/17/2020  Operations and Maintenance Plan, prepared by John Noonan, dated 4/27/2020 Mr. John Noonan, engineer with Noonan and McDowell, presented before the Commission. The applicant is requesting to make exterior improvements to the existing bathhouse and install a storage shed which is in the 100 foot buffer zone at 501 Marrett Road . They are proposing a stormwater recharge system below the proposed shed. They will be removing an existing mat used for ADA accessibility. Pervious concrete will be installed on the southwestern side of the proposed bathhouse. A restoration area is proposed. Concerns of the Commission:  Is the proper functioning of the pervious concrete compromised by the presence of sand?  The applicant needs to submit a revised plan showing the newly proposed location of the shed which is further from an existing oak tree.  The Commission requested that the applicant submit details for the subbase.  The location of the restoration area and how well it will contribute to the area given the sand in close proximity to it. Response of the Applicant:  Per the Operations and Maintenance plan, every fall they will flood the pervious concrete surfaces with water and vacuum it. It will be pressure washed after being vacuumed. In the following spring they will vacuum it again to ensure that the concrete remains pervious.  Details will be submitted for the subbase which has a base layer 18 inches of crushed stone.  The applicant will revisit the proposed restoration area and planting plan. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 by roll th call vote to continue the hearing until May 18, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye The Commission will vote to issue the order of conditions if the hearing is closed on May 18. 7:20pm ViewPoint Cloud Permit #CNOI-20-14 DEP 201-X Notice of Intent, 840 Emerson Gardens Applicant: Seaver Construction Project: Residential subdivision Documentation Submitted:  MassDEP Notice of Intent application with attachments, prepared by Mary Trudeau, prepared for Seaver Construction, dated 3/31/2020  Project Plans, “Lexington Meadows, 840 Emerson Gardens Road Definitive Residential Balanced Housing Development”, prepared by and signed and stamped by Frederick W. Russell, PE, dated 4/7/2020  Stormwater Management Report, Lexington Meadows, prepared by and signed and stamped by Frederick W. Russell, PE, dated 2/6/2020 Ms. Mary Trudeau, wetland scientist; Mr. Fred Russell, project engineer; and Ms. Laurie Tarr Ellsworth, landscape architect, presented before the Commission. The applicant is proposing to construct a twenty one unit residential subdivision development within portions of the 200 foot riverfront area and 100 foot buffer zone of a bordering vegetated wetland. Seven public parking spaces are proposed at the entrance of the development to allow people to access to a new trail that connects to the adjacent public open space (Arlington Great Meadows). A stormwater system is proposed at the perimeter of the property. Overall, the project will remove all impervious surface areas within the 50 foot buffer zone and greatly reduce the amount in the 100 foot buffer zone and 200 foot riverfront area. Concerns of the Commission:  How will the site deal with roadway runoff?  What is the plan for snow removal?  What is the plan for the removal of invasive species close to the brook?  A trail/path connecting from the carport to an existing trail was recommended.  What is the material of the fire access road?  Is there any chance of having the stream culvert removed?  Is there a plan for cleanup of trash in the riverfront area? Response of the Applicant:  The applicant will remove all debris on site.  There are proposed catch basins that have four-foot sumps and separator hoods to accommodate roadway runoff. They meet all state stormwater regulations.  During snowfall they will be pushing snow off to the sides of the road.  The applicant can remove invasive species up to the brook which can be included in the Order of Conditions.  The applicant will submit a revised planting plan that includes all required information.  They will look into adding a trail connecting the carport to an existing trail.  The fire access road consists of a permeable material for which they will submit the details  Trash removal by hand can be accommodated On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing until May 18, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:54pm ViewPoint Cloud Permit #CDOA-20-9 Determination of Applicability, 119 Concord Avenue Applicant: Gobichettypalayam Sathish and Narayan Minal Project: Addition to a single family dwelling Documentation Submitted:  MassDEP Request for Determination of Applicability application with attachments, prepared by Karon Skinner Catrone/Wetland Consulting, prepared for Gobichettypalayam Sathish and Narayan Minal, dated 4/13/2020  Project Plans, “#119 Concord Ave Plan of Land”, prepared by Glossa Engineering Inc., signed and stamped by John F. Glossa, PE#32398, dated 4/3/2020 Ms. Karon Skinner Catrone, project wetland scientist and Mr. William Schaffer, project architect, presented before the Commission. The applicant is proposing to construct an addition to a single family dwelling within the 100 foot buffer zone to a bordering vegetated wetland. The addition is proposed to be constructed on an existing concrete slab. Concerns of the Commission:  The downspouts presently direct water to the lawn which a prior Order of Conditions required to be directed to a stormwater management structure. The previous Order states that roof runoff must be infiltrated and also that the 60 foot buffer zone is required to be naturalized as opposed to being lawn. All outstanding violations of the previous issued Order must be resolved.  Will the existing concrete slab support a two story addition? Response of the Applicant:  The applicant does not know if they will be able to use the existing concrete slab.  The applicant will look into the prior Order of Conditions and its requirements. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the meeting until May 18, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:11pm Continued Public Meetings/Hearings ViewPoint Cloud Permit #CNOI-20-10 DEP 201-X Notice of Intent, 4 Demar Road Applicant: Peter G. Fordham and Susan Wolf-Fordham Project: Addition to a single family dwelling Previous Hearing Dates: 4/21/2020 Documentation Submitted:  Notice of Intent MassDEP application with attachments, prepared by Mary Trudeau, prepared for Peter G. Fordham and Susan Wolf-Fordham, dated 3/24/2020  Plans, “Site Plan 4 Demar Rd”, prepared by and signed and stamped by Frederick W. Russell, PE, dated 3/22/2020  Drainage Analysis, prepared by and signed and stamped by Frederick W. Russell, PE, dated 3/22/2020  Engineering Memo, from Michael Sprague, to Karen Mullins, “4 Demar Rd NOI Engineering Comments”, dated 4/16/2020 Ms. Mary Trudeau, wetland scientist, presented before the Commission. The applicants are proposing to construct an addition to a single family dwelling over an existing impervious patio within the 50 foot buffer zone. A stormwater management system is proposed. The remaining patio within the 50 foot buffer zone will be removed and replaced with permeable pavers. A planting plan is proposed. Concerns of the Commission:  What are the details for the permeable pavers? Response of the Applicant:  The applicant has not chosen the specific permeable pavers yet. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:18pm ViewPoint Cloud #CNOI-19-27 DEP 201-1163 BL 1118 NOI, 91 Hartwell Avenue Applicant: John Cappellano Project: Construction of lab and office building, above ground parking garage and associated infrastructure Previous Hearing Dates: 11/18/2019, 2/24/2020 Additional Documentation:  Project plans, “Wetland Replication Area”, prepared by Paul Finger Associates, dated 4/20/2020, Scale: 1”=30’ (4 Sheets)  Letter, from Paul Finger Associates, to Conservation Commission, “Peer Review Completeness and Technical Compliance Letter, 91 Hartwell Avenue, Lexington, MA”, dated 4/8/2020 (12 pages), rev.4/20/2020 (20 pages)  Project plans, “Test Pit Location Plan”, prepared by dated 2/7/2020  Commonwealth of Massachusetts, Lexington Form 11- Soil Suitability Assessment for On-Site Sewage Disposal, Signed by Chris Hodney, PE#13687, dated 4/16/2020  FEMA Flood Profiles, North Lexington Brook  Letter, from Environmental Partners, to Karen Mullins, Re: Letter of Completeness, 91 Hartwell Avenue, Lexington, Massachusetts, dated 4/6/2020  Letter, from Environmental Partners, to Karen Mullins, Re: Technical Review, 91 Hartwell Avenue, Lexington, Massachusetts, dated 4/13/2020 On a motion by Mr, Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing until May 18, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Notice of Intent, 109 Reed Street DEP 201-1182 Applicant: Todd Cataldo Project: Construction of subdivision roadway Previous Hearing Dates: 4/21/2020 Additional Documentation:  Plans, “Proposed Definitive Subdivision, 109 Reed Street Site Construction”, prepared by Meridian Associates, signed and stamped by Michael J. Novak PE#50696, dated 2/5/20, rev. 4/27/2020 (2 Sheets) Mr. Richard Kirby, wetland scientist with LEC Environmental and Mr. Mike Capachietti, project engineer with Meridian Associates, presented before the Commission. The applicants relocated the water easement further away from the buffer zone and they added details and sequencing to accommodate for the steep slopes on the property. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:31pm ViewPoint Cloud Permit#CNOI-20-12 DEP 201-1183 Notice of Intent, 109 Reed Street Applicant: Todd Cataldo Project: Construction of a single family dwelling Previous Hearing Dates: 4/21/2020 Additional Documentation:  Plans, “109 Reed Street Permit Site Plan of Land”, prepared by Meridian Associates, dated 3/31/2020, rev. 4/27/2020 Mr. Richard Kirby, wetland scientist with LEC Environmental and Mr. Mike Capachietti, project engineer with Meridian Associates, presented before the Commission. The applicants lowered the elevation of the dwelling and in doing so have recalculated the drainage in order to accommodate the additional impervious area from the proposed walkway. The applicants now achieve the required 6 feet of separation in regards to engineering requirements which has yet to be reviewed by the Town Engineer. A swale was added to the northeastern portion of the property to catch water runoff. Additional measures were added for maximum slope stabilization. Concerns of the Commission:  Is there sufficient access for maintaining the infiltration at the rear of the dwelling? Response of the Applicant:  The applicants are working to ensure proper access to the infiltration system. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing until May 18, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye ViewPoint Cloud Permit #CNOI-20-1 DEP 201-1171 Notice of Intent, 45 Fottler Avenue Applicant: Marina and Igor Balk Project: Raze and rebuild a one bay garage with 2 bay garage Previous Hearing Dates: 2/10/2020 Additional Documentation:  None On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing until June 1, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye