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Home My WebLink About2020-11-02-CONCOM-min JS MORWIN ?�G 2=W ,O O ,Q PUBLIC MEETING MINUTES _ � n Conservation Commission Meeting broadcasted byLexMedia APRIL IY— LFXING'�O� Monday, November 2, 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 limitations 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 was encouraged. Commissioners Present: Philip Hamilton, David Langseth, Kevin Beuttell, Alex Dohan, Ruth Ladd, Holly Samuels, Duke Bitsko Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Issue Order of Conditions: 8 Winding Road, ViewPoint Cloud Permit 4CNOI-20-26, DEP#201- 1194 On a motion by Ms. Ladd and seconded by Ms. Samuels, 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 Certificate of Compliance: 11 Vine Brook Road, ViewPoint Cloud Permit 4COC-20-22 (DEP4201-1113, BL41071) The Commission requests a site visit to gather additional information before issuing the Certificate of Compliance. Issue Certificate of Compliance: 98 East Street. ViewPoint Cloud Permit 4COC-20-21 (DEP4201-1043, BL41000) Ms. Mullins stated that she needs additional time to review the planting area and documentation. Property owners, Jen and Sean Kennedy were present and stated they provided information and photographs to the Commission in December 2018. Ms. Mullins said that if there is any documentation from LEC Environmental that would be sufficient, however a site visit will be needed before issuing the Certificate of Compliance. Insignificant Plan Change: 140 Marrett Road, ViewPoint Cloud Permit 4CPM-20-11, DEP4201- 1161, BL41117 On a motion by Mr. Langseth and seconded by Ms. Ladd, 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 Emergency Certification Form: 0 Hartwell Avenue, ViewPoint Cloud Permit 4EC-20-3 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Emergency Certificate Form. 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 Emergency Certification Form: 255 Cedar Street, ViewPoint Cloud Permit# EC-20-4 Ms. Mullins is working with John Benedetto to apply for a beaver trapping permit for the Pine Meadows Golf Course. The beaver dam is located on the west side of the I-95 south ramp and is blocking Kiln Brook. There are sewer lines so this could be a health threat, and is causing backing up on the highway infrastructure. Standard conditions are to breach in the middle of the Brook and not on the sides to avoid erosion. Ms. Mullins confirmed that the beavers will be euthanized as they cannot be relocated. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call to approve the Emergency Certification Form. 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 7:03 PM 7:00 PM New Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-29 Request for Determination of Applicability, 52 Grove Street Applicant: Ashok Nayak Project: Proposing the addition of a driveway, garage and deck with a limit of work boundary within the 100 foot buffer zone. Documentation Submitted: -Conservation Plan, prepared by Clifford E. Rober, PE No. 33189, Rober Survey, dated 10/5/2020. Wetland boundary delineated by LEC Environmental, 10/5/2018 -Proposed Plan, drawing set. Prepared by VU Alexander, PE No. 10210, VU Architecture, dated 9/l/2020 -MA DEP WPA Form 1 Request for Determination of Applicability, prepared by Ashok Nayak, dated 9/29/2020 Mr. Ashok Nayak, property owner of 52 Grove Street presented to the Commission. Mr. Nayak was unclear as to why the limit of work line is so far, as shown on the plan, and that it would be a question for his contractor. Concerns of the Commission: -The tree line is not correct. Mr. Bitsko stated that most times surveyors will use the aerial photo in the summer to show the edge of the canopy, but it does not seem to match based what was seen during the Commission's site visit. -Mr. Beuttell raised concerns about the wetland line, as it's critical due to the location. -The rear of the property is a very steep slope. Could be a vegetation issue rather than soil due to the steepness. Ms. Mullins added that the plan is from 2018, along with its wetland boundary. She also suggested that the Commission revisit the site to look at the limit of work. A second site visit will be scheduled when there is no longer snow coverage on site. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call to issue a continuance to the next meeting on November 16, 2020 at the applicant's request. 7:21 PM ViewPoint Cloud Permit 4CNOI-20-27, DEP File 4201-1197 Notice of Intent, 0 Off Valleyfield ST (Hayden Woods Conservation Area) Applicant: Town of Lexington Conservation Stewards Project: Repair damage to existing boardwalk and extend boardwalk on both ends to remedy seasonal flooding. Documentation Submitted.- -Hayden ubmitted:-Hayden Woods Bridge Repair and Extension, Site Description and Conditions, prepared by the Town of Lexington Conservation Stewards, Sept 2020 -MassDEP WPA Form 3-Notice of Intent Application, dated 9/26/20 Michael Tabaczynski, representing the Town of Lexington Conservation Stewards, presented to the Commission. Ms. Ladd asked why, on the west end of the site, is the boardwalk only 24 feet? Mr. Tabaczynski responded saying that he thinks the Stewards measured based on historical information. The water never gets higher than a certain amount so the Stewards felt confident that 24 is the right number. Mr. Bitsko asked if the location of the boardwalk is a certified vernal pool. Mr. Tabaczynski responded, yes. Mr. Bitsko also asked if the plastic lumber is pre-drilled before it comes to the site. Mr. Tabaczynski said that it does not come pre-drilled, however they will drill it in a secure staging area such as the barn, parking lot, or general uphill area. The Stewards will use a tarp to secure the area from any plastic pieces, and if a gasoline powered chainsaw is used, they will refuel in a secure location. Any remaining pieces of wood or stump will be left on site. The Commission raised interest in the possibility of putting up interpretive signage because of the vernal pool. It is a unique situation that will allow walking through the vernal pool and they would like to see educational materials perhaps in the future. 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 Phil Hamilton—Aye 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 Phil Hamilton—Aye 7:40 PM ViewPoint Cloud Permit 4CORD-20-1 (DEP4201-1196) Abbreviated Notice of Resource Area Delineation, 0 Earl Street Applicant: Peter Bradley, B Squared Corp Project: ANRAD for the parcel totaling 0.24+/- acres located at 0 Earl Street. This site is located southwest of the corner of Centre and Ward Streets and east of route 95 and the Meagherville Conservation Area. Documentation Submitted.- -Existing ubmitted:-Existing Conditions: Centre & Earl Street,prepared by Goldsmith, Prest& Ringwall, Inc., dated 9/17/2020 -ANRAD Narrative, site description and photographs, prepared by Oxbow Associates, Inc., dated 10/13/2020 -Mass DEP WPA Form 4A-Abbreviated Notice of Resource Area Delineation, prepared by Peter Bradley, B Squared Corp, dated 10/16/2020 -DEP Bordering Vegetated Wetland (3 10 CMR 10.55) Delineation Data Form, prepared by J. Shuster & M. Charpentier, Date of Delineation: 12/5/2019 and 1/3/2020, Datasheet dated 9/4/2020 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue this to the next meeting on November 16, 2020 at the Applicants 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 7:47 PM ViewPoint Cloud Permit 4CNOI-20-28, DEP File 4201-XXXX Notice of Intent, 4 Maguire Road Applicant: David Webb, The RMR Group, Represented by: Douglas Hartnett, Highpoint Engineering, Inc. Project: building and site improvements within the 100 foot buffer zone, 200 foot Riverfront area, and bordering land subject to flooding Documentation Submitted.- -Mass ubmitted:-Mass DEP WPA Form 3 Notice of Intent, prepared by David Webb, The RMR Group, dated 10/13/2020 -Notice of Intent Submission (Executive Summary, USGS Map, FEMA Map, NHESP Habitat Map, Town USGS Map, Town FEMA Map, and Town Topographic Map), prepared by Highpoint Engineering, Inc., dated 9/29/2020 -Stormwater Management Report: Building and Site Improvements, prepared by Highpoint Engineering, Inc., dated 9/29/2020 -4 Maguire Road NOI Comments, Memo from Michael Sprague, Town of Lexington Engineering. Dated 10/30/2020 Douglas Hartnett, PE, representative from Highpoint Engineering, Inc., presented to the Commission. Also present from Highpoint Engineering were John Rockwood and Joe Picirrili, and Michael O'Shaughnessy from the RMR Group. The RMR Group is re-tenanting the building to become a life-science building. In addition to demoing the interior to make it more marketable for new tenants, they are also proposing to eliminate asphalt sidewalk in and out of the riparian zone, and reduce the degraded area within the riverfront area, 650 square feet around. Ms. Ladd raised concern that the plan calls for over 30 trees to be removed and that they are being replaced by small trees and shrubs. It is a lot of mature trees to lose. Mr. Michael Radner with Radner Design Associates responded, saying that the proposed revegetation is in the area of the old concrete walkway where there was very little undergrowth. Mr. Radner wanted to establish more groundcover. Ms. Ladd asked how much parking was required and how much there was being proposed. She added that it seems to be more than required and was wondering if some of the pavement could be removed, or replaced with a rain garden or more trees. Mr. Radner followed up saying that the pavement goes almost all the way up to the wetland and believes it to be about 185 spaces. The building owners are reluctant to give back parking, as they are unsure of individual tenant requirements. Mr. Radner continued to say that they could look into introducing compact parking as a measure to reduce pavement, and that Lexington allows 30 percent compact parking adjacent to the wetland edge to pull the pavement back a bit. When asked about the implications of infiltration being within the 100 year flood plain, Mr. Radner stated that they don't typically design to be overly concerned with that flood plain, and that they want to accommodate more frequent storms. When asked if the catch basins will have grease trap type hoods, Mr. Hartnett said yes, they have standard detailing but he will verify. Members of the Commission added that the number of mature trees being removed is disappointing and would like the landscape architect to verify the list of approved plantings. They would like to see islands with trees if it is not completely feasible to remove parking spots, and would like a higher percentage (70%) of native plantings in general areas. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to continue the hearing to the next meeting on November 16, 2020 at the Applicants 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 8:22 PM ViewPoint Cloud Permit 4AOOC-20-10 (DEP4201-1123, BL# 1080) Amendment to Order of Conditions, 10 Springdale Road Applicant: Scott P. Henderson, PE No. 51845, Henderson Consulting Services, LLC Project: Increase in as-built impervious surface area outside of the BVW buffer zone but within stormwater management watershed. Documentation Submitted.- -Letter ubmitted:-Letter Describing Requested Amendments, prepared by Scott P. Henderson, PE., dated 10/13/2020 -10 Springdale As-Built HydroCAD Report, prepared by Scott P. Henderson, PE, dated 9/28/2020 -Site As-Built Plan, prepared by Scott P. Henderson, PE,dated 9/24/2020 -10 Springdale Road AOOC Comments, Memo by Michael Sprague, Town of Lexington Engineering, dated 10/30/2020 Scott Henderson, PE,presented to the Commission. Ms. Mullins asked if feno-markers were put in and Mr. Henderson replied saying that he forgot to look during the site visit but that there was also snow on the ground. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call 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 8:30 PM ViewPoint Cloud Permit 4AOOC-20-9 (DEP4201-1118, BL# 1074) Amendment to Order of Conditions, 26 Dane Road Applicant: Von Salmi, Thought Form Corporation Project: Seeking a revision to the permitted driveway to accommodate requirement to have an asphalt driveway apron between the proposed paver drive and Dane Rd on the town right of way. Overall reduction in square foot of pavers. Documentation Submitted.- -Letter ubmitted:-Letter Describing Requested Amendments, email correspondence, dated 9/16/2020 -Driveway Calculation Sheet, prepared by Meridian Associates, not dated -26 Dane Road AOOC Comments, By Michael Sprague, Town of Lexington Engineering, dated 10/30/2020 There was no representative in attendance for 26 Dane Road. Ms. Mullins stated that the DPW and Engineering Department don't want to maintain private driveway pavers in the right of way. The entire driveway was going to be pervious. 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 8:42 PM Continued Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-28 Request for Determination of Applicability, 209 Waltham Street Applicant: William Erickson, Bechtel Frank Erickson Architects Inc. Project: Construct a covered, open porch(318 SF)with a 180 SF Patio. Work to be performed outside of the 100 foot Wetland Buffer with an increase in impervious surface. Previous Meeting Dates: 10/19/2020 Supplemental Documentation: -Engineering Comments, Memo from Michael Sprague, Engineering, dated 10/26/2020 On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call 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 Phil Hamilton—Aye 8:45 PM 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 Dates: 8/10/2020, 8/24/2020, 9/8/2020, 10/5/2020, 10/19/2020 Supplemental Documentation: None On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing until November 30, 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 8:46 PM ViewPoint Cloud 4CNOI-20-25, DEP 201-1195 Notice of Intent, 22 Village Circle Applicant:Dinesh Shanthappa and Savitha Shvaiah Project: Construct a two-story garage addition and a front entry porch within the 100-foot buffer zone from a Bordering Vegetated Wetlands Previous Meeting Dates: 10/5/2020, 10/19/2020 Supplemental Documentation: -Engineering Drainage Calculations, prepared by Gala Simon Associates, Inc., revised 10/6/2020 -Drainage/Grading Plan, prepared by Alberto M. Gala, PE No 36464, Gala Simon Associates Inc., dated 10/6/2020 -22 Village Circle NOI Comments, Memo from Michael Sprague, Town of Lexington Engineering, dated 10/30/2020 Ms. Mary Trudeau presented to the Commission on behalf of the Applicants. Al Gala, with Gala Simon Associates Inc., spoke with Michael Sprague, Town of Lexington Engineering, earlier in the day. The Applicant is awaiting a favorable engineering report before the order can be issued by the Commission. 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 November 16, 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 4CNOI-20-24, DEP 201-1198 (close of hearing pending DEP File 4) Notice of Intent, 43 Sanderson Road Applicant: Evan Freeman Project: Construction of an expanded deck within the 100 foot Buffer Zone from a Bordering Vegetated Wetlands Previous Meeting Date: 9/8/2020, 9/21/2020, 10/5/2020, 10/19/2020 Supplemental Documentation: None On a motion by Ms. Ladd 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 8:49 PM Continued: New Business/Pending Matters Approve Minutes: 6-29-2020, 7-13-2020, 8-24-2020, 9-8-2020, and 10-19-2020 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the June 29, 2020 meeting minutes. 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. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the July 13, 2020 meeting minutes. 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 approve the August 24, 2020 meeting minutes. 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. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the September 8, 2020 meeting minutes. 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. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the October 19, 2020 meeting minutes. 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 8:53 PM Schedule site visits for 11/16/2020 meeting The site visits will be scheduled on the next two Saturdays, November 7, 2020 and November 14, 2020. 8:57 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Mr. Hamilton mentioned to the Commission that the Zoning bylaw discussed during previous meetings was passed. Ms. Dohan asked for an update on Hobs Brook and Ms. Mullins said an enforcement order will need to be sent. Ms. Dohan mentioned that she saw plastic erosion control along the pathway at Brookhaven. On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to adjourn the meeting at 9:05 PM. 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 Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 11/16/2020 Submitted: 11/17/2020