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PUBLIC MEETING MINUTES
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Conservation Commission Meeting broadcasted byLexMedia
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AGENDA Monday, September 81h, 2020, 6:30p.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 was held remotely via Zoom, an online meeting
platform. Public Participation via calling in or using your computer is encouraged.
Commissioners Present: Philip Hamilton,David Langseth, Kevin Beuttell, Alex Dohan, Duke
Bitsko, Ruth Ladd, Holly Samuels
Staff Present: Karen Mullins, Conservation Director and Sharon Coffey, staff assistant
6:30 pm
DIRECTIONS TO ATTEND MEETING
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Webinar ID: 915 9883 6160
6:30 pm
New Business/Pendine Matters
Issue Orders of Conditions: 11 Norton Rd, ViewPoint Cloud 4CNOI-20-20, DEP File 4201-
1190
On a motion by Ms. Dohan and seconded by Mr. Langseth, 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
Philip Hamilton—Aye
Issue Orders of Conditions: 1050 Waltham Street, ViewPoint Cloud Permit 4CNOI-20-19,
DEP File 4201-1189
On a motion by Ms. Samuels 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
Philip Hamilton—Aye
Request for Certificate of Compliance, 54 Solomon Pierce Rd, DEP File 4 201-168 (1984)
The Conservation Administrator stated she has not received the as built plans from the
applicant.
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Request for Extension to the Order of Conditions, 6 John Hosmer Ln (lot 5), DEP File 4
201-986, BL 944, Extend one year from 11/30/2020 to 11/30/2021, Construct Single-family
dwelling and associated site appurtenances and execute Conservation Restriction.
The Conservation Administrator stated this is the vacant lot behind 5 John Hosmer Lane, lot
6. It has a shared driveway. The owners have sold both properties and the current owners
want their parents to live behind the front lot. The order expires in November. They are
working on their preconstruction items, one of the requirements was a conservation
restriction.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to extend the order of conditions to November 30, 2021.
Record of vote as follows:
Duke Bitsko —Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Philip Hamilton—Aye
Approve the FY21 -FY26 Goal and Priority Setting Subcommittee recommended FY 2126
Goal and Priorities and FY 22-FY26 Capital Improvement Plan for budget development cycle
Mr. Hamilton stated the priorities will determine the work of the Stewards over the next five
years and highlight projects that will need funding.
The Conservation Administrator stated there was one item that was left off. The last item on
the chart under FY25 needs to have the cost of construction and it does not. FY26 needs to
have the wetland delineation and survey on it. She will circulate an amended version.
The Commission had no question regarding the priorities.
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll
call vote to approve the priorities.
Record of vote as follows:
Duke Bitsko —Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Philip Hamilton—Aye
Chiesa Farm: fence update and approve removal
Mr. Hamilton stated David Williams, the trustee, asked for permission to remove the fence
that is part way up the hill. Mr. Williams provided an estimate of$3,700 to fix the gaps in the
fence. At a previous meeting the Commission raised the concern of spending that money on a
fence that would deteriorate in the future. Mr. Williams proposed to take it down and to save
the pieces to repair gaps in the upper fence.
The Commission agreed this proposal makes more sense.
The Commission requested notices be sent out.
On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll
call vote to allow Mr. Williams to remove the middle fence and use the wood to repair the
upper fence with the understanding that public outreach will be done so people aren't
surprised by the fence removal.
Record of vote as follows:
Duke Bitsko —Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Philip Hamilton—Aye
Approve Minutes: 6-15-2020
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll
call vote to approve the minutes from the June 15, 2020 meeting
Record of vote as follows:
Duke Bitsko —Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Philip Hamilton—Aye
Schedule Site Visits for 9/21/2020 Meeting
The Commission determined that the site visits will take place on Thursday September 17,
2020 at 5:30 pm.
7pm
New Public Meetings/Hearings
ViewPoint Cloud Permit 4CDOA-20-26
Request for Determination of Applicability, 119 Maple Street
Applicant: Kathryn Flanagan
Project: Remove invasive and non-native species within the wetland buffer zone and restore
with native species.
Documentation Submitted.-
-
ubmitted:- MassDEP Request for Determination of Applicability application dated 811512020
- Detailed Project Description, Plan, and Schematic Layout dated 811412020
Kathryn Flanagan, property owner of 119 Maple Street, presented before the Commission.
She stated she has wetlands on two sides of her property and she maintains a buffer area that
contains vegetative plantings. She wished to improve that area by removing a section of
English Ivy and other invasive shrubs and replace them with native perennials and native
shrubs.
Concerns of the Commission:
- There was mention of a fence falling down. This should be reflected for the record.
- The procedure of the removal of the English Ivy and keeping it removed.
- The dingo [Dingo: mini loader on rubber tracks for small landscaping projects] be
refueled towards the front of the house to prevent runoff to the wetlands as it runs on
gasoline.
Responses of the Applicant:
- If it is allowed they would like to remove the fence. It is a fallen down chain link
fence.
- The combination of removal by hand and replacing with other native plants. There
might be the use of a"walk behind dingo".
- Agreed.
On a motion by Mr. Langseth and seconded by Mr. Bitsko, the Commission voted 7-0 by a
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
David Langseth—Aye
Holly Samuels —Aye
Philip Hamilton—Aye
ViewPoint Cloud 4CNOI-20-23, DEP 201-XXXX
NOI, O Revere Street, Parker Meadow Conservation Area
Applicant: Town of Lexington
Project: Construction of an ADA universally accessible trail system and associated parking
lot, boardwalks, and pond overlook platform
Documentation Submitted.-
-
ubmitted:- MassDEP Notice oflntentApplication dated 811812020
- Project Plans dated 811 712 02 0
- Stormwater Management Report and attachments dated 812020
Kyle Zick, Landscape Architect with KZLA, presented before the Commission. He explained
the plan. This request is because there was a petition to make the trails universally accessible.
There is a small parking lot on Revere Street which will have improvements. The parking lot
is a gravel parking lot and is in the riverfront area for the stream. There are invasive plant
species along the trails. The parking lot has no storm water management right now and the
water flows out toward Revere Street. They want to delineate the parking spaces, manage
stormwater and get the parking all on town land. (The parking area presently encroaches on
abutting property.) The trails and boardwalks will be made into an accessible trail system. The
trails will have a crushed stone consistency. They will have an overlook of the pond. The
Boardwalks will be five feet wide and some existing areas will be realigned. They will be
doing Invasive vegetation management. They also plan to remove trees that are a hazard or are
dead. They will cut and leave some trees at fifteen feet for habitat. In terms of the parking lot,
the pavement material will be asphalt for the curb cut and travel lane, and the parking stalls
will be permeable pavement which is FilterPave, a porous material made from recycled glass
and stone. Everything drains off the asphalt into the permeable pavement.
The Conservation administrator stated they have not received the memo from Engineering.
Concerns of the Commission:
- Calculation associated with stormwater management for the parking lot.
- The invasive plant seed will remain in the soil for some time. How is the area being
treated and how will the applicant avoid occurrences of the invasive species.
- Was there anything learned from Cotton Farm in reference to the filter pave that should
be considered?
- Overview of construction schedule.
- Describe a scenario where the parking stalls clog and where that water goes?
- The size of the overlook area.
- How will the entrance to Parker Meadow from the Minuteman Bikeway be closed?
- Is there a plan for the following year to follow up with any invasive that resprout?
- Snow plowing and removal.
Response of the Applicant:
- Full stormwater management report was submitted.
- The Town does have a steward program and can do work here. The bid documents are
not complete so that would need to be discussed.
- The filter pave at Cotton Farm has not been in that long. They have learned the stone
was a rounded stone and was slippery so a grip has been added. The stone selection
should be angular. They had gravel to filter pave at Cotton Farm.
- They would go out to bid November and would likely be a spring start.
- If it were to clog it would revert to a typical impervious parking lot but it would take a
lot of continued use without maintenance to hit that level. If there was clog to the point
where the infiltration rate was impacted there would be more frequent over flows in a
stable spot. If this is noted on a frequent basis they would do some filter work. It is still
better than the existing condition.
- The overlook is 15 ft by 10 ft.
- It will not be closed, it just won't be improved.
- That is typically what they do.
- It would not be a high priority lot to plow, if the Town agencies had the time then it
would be plowed. They would push the snow away from Revere Street toward the end
of the asphalt.
Concerns of Abutters:
- Is the Commission aware of the changes in the pond over the last several years? The
pond level has been reduced over the last several years. As a result there is no apparent
inflow or outflow of water.
- Confirm that access to the backyard of property owners on Revere Street will not be
restricted by the parking lot improvements.
Mr. Hamilton stated they are aware of the pond and it is something they will look into.
Mr. Zick stated there will be no restrictions to those property owners.
On a motion by Mr. Buettell and seconded by Mr. Langseth, the Commission voted 7-0 by roll
call vote to continue the hearing until September 21, 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
ViewPoint Cloud 4CNOI-20-24, DEP 201-XXXX
NOI, 43 Sanderson Road
Applicant: Evan Freeman Property Owner: Michelle Yanetti
Project: Construction of an expanded deck within the 100 foot Buffer Zone from a Bordering
Vegetated Wetlands
Documentation Submitted.-
-
ubmitted:- MassDEP Notice oflntentApplication dated 811812020
- Project Plans dated 1112712018
- Wetlands Delineation Report dated 1 011 712 01 7
- Buffer Zone Planting Plan dated 811312020
3
David Sperduto, Wetlands Identification Services, presented before the Commission. He stated
this proposal is for the expansion of a deck and restoration of a buffer zone plant area. He
explained the deck expansion plan. During the site visit the Commission commented about the
existing deck area and proposed area so there is a revised plan. The proposed stairway does not
extend past the existing stairway. The existing deck is 237 square feet and the proposed deck is
442 square feet. They are proposing to retain some native species, one plant they are asking the
Commission to consider is a Rose-of-Sharon. It is not invasive. Hibiscus Species and the Rose
Mallow Bee were discussed in terms of the Rose-of-Sharon being a hibiscus species. The Rose-
of-Sharon is providing a food source for these Bees.
Concerns of the Commission:
- The prior deck had a condition that the stairs not point towards the wetland. Right now
the stairway is proposed to point in the direction of the wetland. How big is the landing
on the pea stone area at the bottom of the stairs?
- What is the surface material between the pea stone and the wetland?
Responses of the Applicant:
- It is less than four feet. They could reconfigure the stairs so that they point to the left but
the wetland is parallel to the house. The stairs are thirty feet from the wetland. When
someone comes down the stairs they have a goal in mind.
- It is lawn.
Michelle Yannetti , homeowner of 43 Sanderson Road, stated they are working with the deck
company to come up with other alternatives and they have come up with a couple of ideas. They
are not in favor of those ideas but will keep working on it.
Krisoula Vardoudakis, deck designer, presented before the Commission. She stated they did look
through other options but any option added more footings and more deck space. It would be
more invasive to the soils.
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
vote to continue to the September 21, 2020 meeting 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
ViewPoint Cloud 4CNOI-20-22 (Bylaw Only)
NOI, 400 Shire Way
Applicant: Takeda
Project: Construct additional impervious surfaces outside wetland resource areas with
applicable drainage connections
Documentation Submitted.-
-
ubmitted:- MassDEP Notice oflntentApplication dated 811812020
- Project plans dated 811812020
- Stormwater Management Report with attachments dated 811812020
John Hart, SNMA on behalf of Takeda, presented before the Commission. He stated the addition
is proposed to be 12,600 square feet, 105 by 120 ft. It is over an existing impervious surface. It
will all be maintained. The existing recharge system will need to be removed and relocated. That
will pick up all the roof drains from the existing building and the new roof addition. All the
drainage work is kept within the parking lot except for structures out on the perimeter roadway
and those are water quality units. There is a planting plan. There is an existing island which will
change shape. In 2008 they had a NOL At that time they did permit an addition. He then showed
the watersheds and basins based on the 2008 permit. In the filing they were slightly over the
impervious area calculated but in fact they are under. Mr. Hart then discussed the Discharge
runoff Summary and groundwater Recharge Volume. They will still maintain the bio retention
area. There is a 50 percent TSS removal for the water quality unit.
Concerns of the Commission:
- Did the numbers for preexisting conditions reflect the current regulations with regard to
how impervious areas are to be taken out of service should be created as open space and
good condition in terms of the storm water calculations? The documentation should
reflect the current regulations.
- Confusion on the impervious surface document.
- Is the current wetland detention consistent with the wetland delineation that was done 15
years ago?
Responses of the Applicant:
- The existing conditions modeling is the actual existing conditions now. They can provide
that.
- There was a figure of 1,903,301 square feet that was submitted in the original notice of
intent and each project they have done they have come back and worked against that.
They looked at the new addition and started new and came up with a number that was
higher and then they designed to that. They had about 9,000 square feet that was analyzed
as impervious but wasn't so they over designed the system. They can update those
calculations.
- It is consistent.
On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 7-0 by roll
call vote to continue to September 21, 2020, meeting 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
Continued Public Meetings/Hearings
ViewPoint Cloud Permit 4CDOA-20-22
Request for Determination of Applicability, 1060 Waltham Street
Applicant: Grossman Companies
Project: Re-Use an existing Drainage connection to a municipal storm drain
Previous Meeting Date: 811012020, 812412020
Documentation Submitted.-
-
ubmitted:- Stormwater Management Calculations and attachments uploaded 813112020
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call vote to continue to September 21, 2020, meeting 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
ViewPoint Cloud Permit 4CDOA-20-21
Request for Determination of Applicability, 196 Woburn Street
Applicant: Pamela Brown
Project: Shed relocation
Previous Meeting Dates: 7/27/2020, 8/10/2020
Supplemental Documentation Submitted: Revised shed location plan
Documentation Submitted.-
-
ubmitted:- Shed Site Plan dated 811612020
- Shed drainage dated 812412020
Sonny Ferrante presented before the Commission, He stated they continued because they needed
to upload a new plot plan. They were going to rotate the shed to take it out of the 50 foot buffer
zone.
Concerns of the Commission:
- Stated there was a concern from the abutter about the plants that had been removed.
- Calculations supporting storm water management.
- The shed is listed as being 10 by 15. There is nothing showing this on the plan, nothing
showing the stone.
- The applicant should discuss the regulations with the Town Engineer.
Responses of the Applicant:
- There was a dead tree and that abutter had asked for it to be cut down. Happy to pass that
request along to the owners.
- The shed is 10 by 12.
- At the last meeting there was no request for stone. Only to rotate the shed.
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call vote to continue to September 21, 2020, meeting 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
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, 7/13/2020, 7/27/2020,
8/10/2020, 8/24/2020
Supplemental Documentation Submitted:
- Phosphorus Reduction Calculations dated 8/25/2020
Rich Kirby stated they have submitted the phosphorus reduction calculation and the Planning
Board has closed the Hearing and issued their orders.
On a motion by Mr. Langseth 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
On a motion by Ms. Dohan and seconded Mr. Langseth, the Commission voted 7-0 by roll call to
adjourn the meeting at 9:31 PM.
Record of vote as follows:
Duke Bitsko —Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Respectfully Submitted,
Meghan McNamara
Conservation Department Assistant
Approved: 11/2/2020
Submitted: 11/3/2020