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HomeMy WebLinkAbout2020-06-29-CONCOM-min OVS MOROVI" Off` � OP a �w PUBLIC MEETING MINUTES APRIL 19- Conservation Commission Meering broadcasted by LexMedia Monday, June 29, 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 Conservation Commission meeting was held remotely via Zoom (https:Hzoom.us/j/96755104492) an online meeting platform. Public Participation via calling in or using your computer was encouraged. Commissioners Present: Philip Hamilton, David Langseth, Kevin Beuttell, Alex Dohan, Ruth Ladd, and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Sharon Coffey, Department Assistant 6:30 pm New Business/Pendine Matters Issue Certificate of Compliance: 2287 Massachusetts Avenue, VPC 4COC-20-9, DEP 4201- 1121, B-1078, VPC4 22759 (C-19-16) Mr. Gelomini stated he has removed 65 square feet of impervious area from the driveway which gave a net decrease from what was approved by 17 square feet. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue a Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye Issue Partial Certificate of Compliance: 25 Middleby Rd, VPC 4COC-20-10, DEP 4201-1165, B-1120, VPC-CNOI-19-24 The Conservation Director stated she received revised plans to document the correct as-built conditions. All items except restoration plantings due to monitoring period are in compliance. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue a Partial Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye Request for Extension to the Order of Conditions: 960-1010 Waltham Street, Brookhaven, VPC 4EXTO-20-5, DEP 4201-1066, BL 1023, 9/26/2020 to 9/26/2021 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to grant an extension for one year, from 9/26/2020 to 9/26/2021, for the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye LAND Grant Application Submittal Approval and Authorize Chair Philip Hamilton to sign application on behalf of the Conservation Commission On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the LAND Grant application submittal approval and authorize Chair Philip Hamilton to sign application on behalf of the Conservation Commission. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye 6/17/2020 Stormwater Management Workshop Debrief The Conservation Director asked the Commission for their opinions as to the points addressed in the workshop. The Commission stated they would prefer to use Atlas 14 because it is more current and it is more appropriate for amounts to get updated on a more frequent basis than alternative methods. They wondered if other municipalities are using this rainfall data. Establish a Conservation 5-year Goal and Prioritization Setting Subcommittee of the Conservation Commission and appoint members in preparation of FY22 Budget Development Cycle The Conservation Commission reviewed the draft charge to establish the 5-year Goal and Prioritization Setting Subcommittee of the Conservation Commission. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to establish the subcommittee. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye With the vote to establish the subcommittee, the Conservation Commission discussed appointing Stewards Bonnie Newman and Mike Tabczynski and Commissioners Holly Samuels and Ruth Ladd to the subcommittee. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to appoint the members to the subcommittee as identified previously. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye Ch. 130 Regulation Amendments: Rules Section 5 Performance Standards: Section 5(5) Buffer Zone This was added to the agenda to refresh the Commissioners as to where the proposed draft stands and to identify that there will be time reserved at the next meeting to discuss this further. The commentary that was sent out recently was not the latest draft; the latest draft will be sent out before the next meeting. Issue Order of Conditions: 45 Fouler Avenue, CNOI-20-1, DEP 4 201-1171 This application was closed at a previous Hearing because the Commission did not receive supplemental information and has not heard back from the applicant. They have yet to receive Zoning Board Approval. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to deny the Order of Conditions due to insufficient information and the current information presented did not comply with M.G.L 310 CMR 10.58 Riverfront Regulations or Section 5(2) and Section 5(6) of the Rules for Lexington Wetland Protection Code, c. 130. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye Schedule Site Visits for 7/13/2020 Meeting The Commission determined that the site visits for the July 13Th meeting will take place on Thursday July 9, 2020 at 5:00 pm. 7:00 pm New Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-17 Request for Determination of Applicability, 4 Hartwell Place Applicant: Boston Gas Company d/b/a National Grid Project: Gas line replacement Documentation Submitted.- - ubmitted:- MassDEP Request for Determination of Applicability application with attachments, prepared by Amanda Howle, Tighe & Bond, preparted for King 4 Hartwell Place LP, dated 6/5/2020 - Project plans,"Site Location", "Priority Resources" "Orthrophotgraph", "Site Plan", prepared by Tighe & Bond, dated 6/2/2020 - Representative Photographs of work zone Liana DiNunzio, with Tighe and Bond, presented before the Commission. This is for a proposed gas line replacement. The 1.5 inch diameter gas line will be replaced with a 4 inch diameter gas line. The gas line is approximately 200 feet long and will be in the same location as the existing gas line. This will require the excavation of a two foot wide three foot deep trench. The trench will be excavated within the existing paved driveway, parking lot and small landscaped area. Erosion and sedimentation controls will be installed where deemed necessary. This work will occur within the 100 foot buffer zone to bordering vegetative wetlands. Concerns of the Commission: -Catch basins must be protected at all times with erosion controls. Reponses of the Applicant: - The applicant stated that can be done. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted to issue a Negative Determination with conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye ViewPoint Cloud Permit 4CNOI-20-16, Dep File # 201-XXX Notice of Intent, 25 Peacock Farm Road Applicant: Bharath Krishnan Project: Addition to a single-family dwelling *Request by applicant to Continue Hearing to Monday, July 13, 2020 at 7:00 pm On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to continue the hearing until July 13, 2020 at the applicant's request. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye Continued Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-13 Request for Determination of Applicability, 121 Hartwell Avenue Applicant: Ed Spezzano, Agilent Technologies Project: water line replacement Previous Meeting Dates: 6/15/2020 Additional Documentation Submitted: None Ed Linn, architect, presented before the Commission showing a plan submitted in the ViewPoint Cloud record right before the meeting. He stated that the existing water main has frequent breaks and has required significant repairs recently. The proposal is to replace the existing water main from the street to the building; staying as far from the wetlands as feasible. They will replace fire hydrants with new fire hydrants as part of the project. He explained the location of the new line in relation to the wetlands and buffer zone. Concerns of the Commission: - The location of the proposed erosion control being closer to the wetlands than the work area near the entrance way. - The depth of the trenches. - Catch basins must be protected. Reponses of the Applicant: - The applicant was following the advice of the contractor. There are boulders there as well. They can adjust the controls to be closer to the trench. - The trenches should not be more than four feet at the start until they begin to tunnel under. - The catch basins will be protected. On a motion by Mr. Langseth and seconded by Ms. Ladd the Commission voted 6-0 by roll call vote to issue a negative determination with standard erosion control conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye 3 ViewPoint Cloud Permit 4CNOI-20-17, DEP File 4 201-1186 Notice of Intent, 180 Lincoln Street Applicant: Malar Pannirselvam Project: Raze and rebuild a SFD Previous Hearing Dates: 6/15/2020 Additional Documentation Submitted: - 180 Lincoln St NOI Comments,prepared by Michael Sprague, Engineering, dated June 19, 2020 Rich Kirby, with LLC Environmental, stated they have received the Town Engineer memo with favorable comments as requested by the Commission at the previous meeting. On a Motion by Ms. Ladd and Ms. Samuels the Commission voted 6-0 by roll call vote to close the Hearing. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye ViewPoint Cloud Permit 4CNOI-20-15 (under Code Only) Notice of Intent, 15/17 Fairland Street Applicant: Mark Barons, Barons Custom Homes Project: Connect residential subdivision to town drainage Previous Hearing Dates: 6/l/2020, 6/15/2020 Additional Documentation Submitted: - 15-17 Fairland St Definitive Site Plans Sheets 1-18, dated 3120119; Revised(4) 611912020 - Stormwater Operation and Maintenance Plan,prepared by DeCelle-Burke-Sala & Associates, Inc. dated April 29, 2020 Revised 611812020 - 15 Fariland St NOI Comments I and 2,prepared by Michael Sprague, Engineering, dated #1: 611120, #2: 6118120 - 15-17 Fairland St Balanced Housing NOI,prepared by James S. DeCelle, DeCelle-Burke- Sala Associates, Inc., Date: 612212020 - VPC Conservation Review Comments by Karen Mullins, dated.• 612512020 Jim DeCelle presented before the Commission. He stated there were some Cambridge Water Department comments that they addressed. They added two water quality inlets and updated the Operation and Maintenance Plan to reflect these additional structures for maintenance. There was another request by the Cambridge Water Department to add comments relative to the salt sweeping, which they also added, including an additional sweeping in winter months and an 80:20 sand to salt ratio for decing methods on the site. He stated they fully addressed the comments. On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to close the Hearing. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Philip Hamilton—Aye ViewPoint Cloud 4CNOI-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, 5/18/2020, 6/15/2020 Additional Documentation Submitted: -Notice oflntent—DEP File#201-1163, 91 Hartwell Avenue, Lexington, MA, PFA Project No. 201-1001.00,from Eric Joseph, Project Manager, Paul Finger Associates, Inc., Date: 611512020 with Nitsch Engineering Letter and Sketch Plans to Paul Finger Re: Nitsch Project#13067, Civil Engineering Services, 91 Hartwell Avenue, Lexington, MA dated 611512020 -Response to June 15, 2020 Public Hearing Comments,prepared by LEC, dated 612212020 with Exhibit Plans dated June 22, 2020 prepared by Paul J. Finger &Associates, Inc., (Exhibit Plans, Attachment A); and Nitsch Engineering Documents dated June 22, 2020 and June 23, 2020 (Nitsch Documents, Attachment B) - Stormwater Report, Prepared Nitsch Engineering, INC. Date: 10129119, Revised: 612212020 Rich Kirby presented before the Commission. He stated they made changes to plans and provided a letter addressing the Commission's comments. Mr. Kirby went over a new table that showed groundwater and test pits. The next item had to do with the water quality unit under the parking garage. There were questions about the invert elevations of the pipes. He then explained the revised plan. There was concern that hydrological connection between the compensatory flood storage and existing flood plain was restricted and not in compliance with performance standards for Bordering Land Subject to Flooding. As a result, the proposed connections were opened up to create an unrestricted hydrologic connection. At the last meeting there was discussion to expand the Conservation Restriction Easement area. They provided an Easement plan showing an expansion by 36%. They also included the wetlands replication areas in the easements and there is no maintenance proposed within the easements. The final item is the adequacy of mitigation with regards to the requested waivers. He then discussed the proposed mitigation and reduction of impervious areas. There are three waivers being requested. The first one is structures in the flood plain. The second waiver involves the buffer zone standards, specifically stormwater management and setbacks. Currently, the pavement edge is just a few feet off of the wetland and the current proposal increases the distance between the wetland and the proposed structure but not up to 50 feet in accordance with the standards. The last waiver involves an increase in the volume of runoff for the one year event. Due to the site conditions and poor soils, the one-year volume per the pre-development conditions standard cannot be fully complied with but they are retaining the volume within a 72 hour period. In the design's team opinion, the waivers serve the public interest. At the last meeting, it was discussed that a portion of the garage was as close as 24 feet to the wetland, and within the 25-foot no-disturb buffer zone standard, The map shows that 0.6% area of the new garage is within this zone. They are within the 50 foot no structure buffer zone but to meet that setback the proposed project could not move forward and it is proposed within an area that is presently pavement. A majority of the parking will be located above the 10-year and 100 year flood plains whereas all the existing parking falls within it. As a result of constructing a parking garage, the pollutant load is significantly reduced since only the roof area will be subject to runoff from stormwater. In addition, they have improved stormwater management since there is presently very minimal stormwater management from unmaintained drainage swales. The wetland replication area exceeds a 3 to 1 mitigation effort. They considered the idea of wetland enhancement on the eastern portion of the site. They will add 100 native shrubs in that area. The compensatory flood storage is significantly greater in volume than required. They are committed to installing a water quality unit. The stormwater management improvements and mitigations are significant and contribute to the public interest. They have a Planning Board Hearing coming up and the team feels they have addressed the outstanding issues and are near the finish line in terms of design. Concerns of the Commission: - The seasonal high ground water elevations have changed from the original submitted documents. The seasonal high groundwater is listed at two feet below the wetland. How is there that steep of gradation? Some of the test pits are close together but have a large difference. If the groundwater is higher, what are the implications of that? - Would like to have a hydrologist explain the issues with the differential in the seasonal high groundwater elevations. - Under high groundwater conditions, the drainage inverts are close to many of the groundwater elevations. - The stormwater management treatment areas are not deep enough. There is less than one foot of freeboard. - When the system is flooded, what are the risks of the suspended sediments being released? - Deepening the replication area to favor cattails over common reed. There is an area north of the garage where there is a proposed temporary alteration and restoration to create the hydraulic connection that is currently common reed perhaps that should be deepened to mitigate against reestablishment of the common reed. - The unrestricted hydraulic connection used to flow under the maintenance path using a bridge crossing but now revised to create an open connection by incorporating the path into the connection so at times the water may flow over the path and not be accessible. - What additional protections does the easement give to these wetland areas that are not currently covered under the act? Would they be willing to go to the State with the easement under the Conservation Restriction method? - One of the items offered by the applicant was requested to be taken off the table by the Commission. The Commission made it clear that they cannot accept a$100,000 contribution to the conservation fund as mitigation since the funding is not connected to a specific project in the corridor that will be completed with the funds to contribute to the interests that the wetlands serve that are being requested to be waived onsite. It would look like the Commission is accepting payment for the waiver of the performance standards. - Explain the logic of mitigation for the new project. Identify how you exceed the required performance standards with the current proposal versus using how site exists today as basis of explanation for improvement because the starting point under the pre- development conditions should not take credit for the parking lot area. They have a storm water management system that is not meeting the required performance standards for new construction because it does not met the one year volume control. The edge of the parking lot as setting a standard to where the structures should start does not conform to the new construction standards. Since the building encroaches within the 25-foot and 50- foot no disturbance and no structure zones, identify the significant mitigation measures above what is required by performance standards. For instance, the existing building has no stormwater management systems for the roof runoff treatment and perhaps this could be an area for mitigation for compliance. - Why is infiltration so difficult at this site? - According to the Commission's peer reviewer, the applicant's modeling shows proposed decreased peak rates when comparing existing peak rates is inaccurate because all stormwater management facilities most likely will be submerged during smaller storm events, and hence, the facilities are undersized. - What rainfall data was used for modelling the systems? - The Commission's peer reviewer stated that the porous asphalt will not function at this site because of the high groundwater and poorly draining soil conditions and it has been removed from the stormwater management calculations as pervious. With this being said, porous asphalt is still being proposed and hence, the detail for it should show use of a required underdrain. If there is an underdrain from the porous asphalt, the detail should show where it is connected to the stormwater management facilities and whether it modifies the sizing needs of the stormwater facilities to account for this additional flow. - The discharge rate performance standards for the 10 and 100 year storms are to mitigate downstream flooding. However, for this site and case, maintaining flood storage volume is more important than the site runoff rate for mitigation of downstream flooding. - Continuing Operation and Maintenance Plan concerns - Hartwell Place stormwater management preliminary design needs to be fleshed out and fully vetted with Engineering and a final detailed design plan presented to the Commission for review. Reponses of the Applicant: - The seasonal high groundwater on this site are driven by the soil conditions. The water table can go up and down. The silt loam layer can have an undulating condition where you get isolated pockets of elevated groundwater levels or a slope off. The soil conditions were fairly consistent in terms of impermeable soil layer. They observed rapid groundwater weeping. They combed through the judgment call of the two soil evaluators and selected the highest indicator of groundwater and made adjustments to the design accordingly. - Within standards, there is a requirement that there is a foot of freeboard within all storm water retention facilities. During the 100 year storm none of them have a foot of freeboard, and at most 9-inches; meaning a high chance that the facilities will be flooded and overflowing. This requirement for operational freeboard purpose is to force overflow from the facility to release through a planned for and designed spillway in an extreme event. In this project, the design team focused on more frequent, less intense storm events which the current plans target. - The design team is of the opinion that sediment solids collected in the stormwater management facilities will not be re-suspended. - The applicant would be open to deepening the hydraulic connections and restoration wetlands to mitigate against reestablishment of the common reed. They are proposing to seed the area with a native wetlands restoration seed mix. - The maintenance path gradually drops down to the elevation of the compensatory flood storage underneath the building and then rises back up to create the hydraulic connection with the lower elevations of the compensatory flood storage areas under the garage and building. There is no obstruction in the revised design, such as the wooden bridge, for debris to collect on and clog the connection. - This type of restriction provides a second regulatory framework recorded against the deed and provides another avenue to enforce protections and conservation values in the restricted area beyond the state and local wetland regulations. - There is currently a Conservation Easement, which is not a perpetual restriction and would have to be renewed every 30 years. Hence, the existing conservation easement that falls on the property would be expanded. Since the current format is an easement, the proposed expansion would follow the same format and would not be a perpetual state approved Conservation Restriction for consistency, ease of expansion and enforcement. - They can consider converting the easement to a formal Conservation Restriction and will assess the benefits. - Okay - they understand the Commission's view on the contribution of funds but their intent was for the funding to be used for a larger scale mitigation project in the corridor. - The only way to retain the volume of runoff generated by a one year storm event is through infiltration and the soil conditions are not conducive to providing for infiltration on the site. Strict compliance simply is not possible with a site that has this kind of poorly draining soils. In terms of state standards, the project does comply with DEP standards (which is the maximum extent practical.) - The silt loam soil is consistent across the project site and is shallow. If the site didn't have a floodplain consideration to deal with, there would be an opportunity place fill and set facilities above the flood elevation in order to provide for the required stormwater management and meet the local performance standards for stormwater management. We could evaluate the condition within Hartwell Place for any elevated area where mitigation can be implemented for the site. - There is the possibility during the 10 year storm or 100 year storm that there could be inundation on the site. They have not computed this and don't have said elevations for lower storms such as the 5 year storm or the 8 year storm. The majority of storms have been an inch or lower but the higher storms would flood. The comment is based on full compliance. So the Commission can see where it complies and where it doesn't and make that decision. - They used Atlas 14 for the rainfall events in the models. - No, all that water is still going to the proposed basin, whether or not that porous asphalt is functional or not. - They wanted the stormwater wet basins to function as much like wetlands as possible and have proposed a planting regime as such using a native plant community. They understand those basins are going to have to be cleaned out and the plant community will have to be reestablished. They are committed to this plan of action and the on-going operation and maintenance requirements for such systems. They are proposing to install the groundwater monitoring well within the footprint of the wetland replication area to monitor the groundwater elevation over time and ensure the replication area meets the requirements of a wetland. They will expand the invasive species management program on site to the wet basins and update the Operation and Maintenance Plan accordingly. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing until July 13, 2020 at the applicant's request. Record of vote as follows: Philip Hamilton—Aye Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of vote as follows: Philip Hamilton—Aye Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye 9:32pm Respectfully Submitted, Medan McNamara Conservation Department Assistant Approved: 11/2/2020 Submitted: 11/3/2020