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AGENDA Monday,May 10, 2021, 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. 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, Alex Dohan, Kevin Beuttell, Ruth
Ladd and Holly Samuels (not present: Duke Bitsko)
Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department
Assistant
6:30 PM New Business/Pendine Matters
Issue Amendment to Order of Conditions: 7 Crosby Road (Maria Hastings School), ViewPoint
Cloud Permit# AOOC-21-1, DEP4201-1079, BL# 1036
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to issue the Amendment to the Order of Conditions.
Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
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6:36 PM
Pre-filing Informal Discussion, Resilient Mystic Collaborative MVP Grant, Horsley Witten
Group—Stormwater Management and open space improvement project and wetland permitting
Representatives from the Horsley Witten Group provided an overview of the proposal to
construct a stormwater wetland behind the Harrington School to accommodate and divert
stormwater flows from Lowell Street. The proposal includes altering a little more than half of an
acre and planting of native species within and along the periphery to enhance habitat and support
native species. The constructed wetlands is intended to maintain a pool of water rather than
infiltrate the groundwater that is about 10-12 feet below the athletic fields.
6:53 PM
Pre-filing Informal Discussion, Lexington Housing Authority Team - ADA improvements and
wetland permitting
Representatives from Abacus Architects and Planners, Samiotes Consultants and Highmark Land
Design provided an overview of the proposal to renovate and expand three units at the
Vynebrooke Village to make the units ADA compliant. The work being proposed is within the
200-foot Riparian zone of Vine Brook and the 100-foot buffer zone to Bordering Wetlands. The
proposal will include stormwater management and wetland mitigation. The project team is
preparing to file a Notice of Intent in the near future after discussing with the Commission.
7:08 PM New Public Meetings/Hearings
Request for Determination of Applicability: 456 Concord Avenue
ViewPoint Cloud Permit# CDOA-21-3
Applicant:/Property Owner: F J America Inc c/o Yoko Hotta
Project: proposed raising of an existing roof and reconstruction and cantilevering of new walls to
meet the new roof overhangs in conjunction with interior alterations within the 100 foot buffer
zone to Bordering Vegetated Wetlands and the 200 foot Riverfront area
Documentation Submitted.-
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ubmitted:— Sketch Plan ofLand, Prepared by: Meridian Associates; Date: 4/24/2014
— Architectural Drawings, Sheet Z1-Z8; Prepared by: Zen Associates Inc.; Date:
2/24/2021;
— WPA Form 1: Request for Determination of Applicability application; Locus: 456
Concord Ave; Prepared by: Neil Williams, Scott Williams Construction LLC; Prepared
for: Yoko Hotta, Property Owner; Signed by: Neil Williams; Date: 4/16/2021;
Mr. Scott Williams, Contractor,presented before the Commission. It will be added as a
Condition that establishing a limit of work line and demarcating with orange fencing will be
implemented and approved during the pre-construction meeting. Mr. Williams added that most
of the work is to be done from the interior of the dwelling and ladders will be used to install
windows and remove flashing from the roof.
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On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll
call vote 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
Phil Hamilton—Aye
7:17 PM
Notice of Intent: 1010 Waltham Street
ViewPoint Cloud Permit# CNOI-21-15, DEP4201-1220
Applicant/Property Owner: Brookhaven at Lexington
Project: installation of an irrigation well and ancillary utilities within the 100-foot Buffer Zone to
Bordering Vegetated Wetlands
Documentation Submitted.-
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ubmitted:— Site Plan -Proposed Irrigation Well; Locus: Brookhaven at Lexington, 1010 Waltham
Street; Prepared by: OHI Engineering Inc; Stamped and signed by: James Borrebach, PE
Civil No. 34332; Date: 4/7/2021;
— WPA Form 3: Notice oflntent application and attachments; Prepared by: OHI
Engineering Inc; Prepared for Applicant/Property Owner: Brookhaven at Lexington; Date
signed by Applicant and Representative: 4/19/2021;
Ms. Dohan recused herself.
Mr. James Borrebach, Project Engineering with OHI Engineering, Inc., presented before the
Commission. The estimate for project completion is 1-2 weeks. Mr. Borrebach said that he does
not have the specifications for the well pump and he also does not know the pumping rate of the
existing well. Mr. Beuttell asked if there was any anticipated vegetation removal as part of the
proposal and Mr. Borrebach responded that he does not expect any removal of vegetation, even
though the well is located near an existing tree.
Mr. Langseth stated that if there comes a need to have a discharge of water associated with a
drilling technique, that there should be a silt sack surrounded by hay bales. Ms. Mullins
responded that there is a standard condition regarding dewatering and providing specifications
before the project starts.
Ms. Samuels stated that drought tolerant planning should be a consideration of Brookhaven in
the future.
On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 5-0 by roll call
vote to close the hearing.
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Record of vote as follows:
Kevin Beuttell—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:30 PM
Request for Determination of Applicability: Marrett Road Right of Way (52-4A)
ViewPoint Cloud Permit# CDOA-21-4
Applicant: NSTAR Electric Company d/b/a Eversource
Property Owner: Town of Lexington
Project: upgrades to an existing transmission line involving the installation of a single mid span
Structure within the 100 foot buffer zone to Bordering Vegetated Wetlands
Documentation Submitted.-
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ubmitted:— Line 319 Structure 1.5 Installation Project Environmental Constraints Map; Prepared for:
Eversource Energy; Prepared by: VHB; Date: April 2021;
— Project Narrative -Line 319- Structure 1.5 Installation: Prepared for: Eversource
Energy; Prepared by: VHB; Date: April 2021;
— WPA Form 1- Request for Determination of Applicability application; Prepared for:
Eversource Energy; Prepared by: Sarah French, VHB; Date signed by applicant and
representative: 4/20/2021;
— Memorandum and attachments; From: Sarah French, VHB; To: Lexington Conservation
Commission; RE: Site Walk with Lexington Conservation Commission; Date: 5/3/2021;
Ms. Sarah French, representative with VHB, presented before the Commission on behalf of the
applicant, Eversource. Ms. French stated that there is slack happening in the transmission lines
along Route 2A and that the Department of Public Utility requires that the transmission lines be a
certain height. To meet this requirement, an intermediate structure is necessary to heighten the
line across the road and needs to be placed within the 25-50 foot buffer zone. The proposed
location is as far away from the wetlands as possible while also maintaining the height
requirement.
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 6-0 by roll
call vote 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
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Phil Hamilton—Aye
7:44 PM
Notice of Intent: 18 Peacock Farm Road
ViewPoint Cloud Permit# CNOI-21-16, DEP4201-1222
Applicant/Property Owner: David Hsu
Project: Construction of detached garage, relocation of driveway and lawn, invasive removal,
naturalization of wetland buffer, native plantings
Documentation Submitted.-
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ubmitted:— Site Plan, 18 Peacock Farm Road, Prepared for: David Hsu; Prepared, stamped and
signed by: Frederick W. Russell, PE Civil No. 36713; Date: 2/22/2021;
— Photographs of site; Not dated;
— WPA Form 3 Notice oflntent application; Prepared for: David Hsu; Prepared by: David
Sperduto, Wetlands Identification; Date signed by David Hsu: 4/11/2021; Date signed by
David Sperduto: 4/19/2021;
— Stormwater Analysis, 18 Peacock Farm Road, Prepared, stamped and signed by:
Frederick W. Russell, PE Civil No. 36713; Date: 2/25/2021;
— National Flood Hazard Layer FIRMette; Provided by: FEMA; Date prepared: 11/3/2020;
— Project Narrative; Locus: 18 Peacock Farm Road, Lexington, MA; Prepared by: David
Sperduto, Wetlands Identification; Date: 4/18/2021;
— Riverfront Alternatives Analysis; Locus: 18 Peacock Farm Road, Lexington, MA;
Prepared by: David Sperduto, Wetlands Identification; Date: 4/7/2021;
— Plantings Plan; Prepared by: Wetlands Delineation; Stamped and signed by: David
Sperduto, PLS No. 38719; Date: 3/27/2021; Revised "Limit of Work, Disturbance Areas,
Breezeway": 5/3/21;
— Delineation field notes; Prepared by: David Sperduto; Date: 1/29/2019;
Mr. David Sperduto, representative with Wetlands Identification presented before the
Commission. The applicant is proposing Feno markers along the 25-foot buffer zone and to
naturalize the existing lawn within the 25-foot zone. The applicant is also proposing to remove
areas of invasive species and naturalize said areas with a native seed wildflower mix to mitigate
an area requested to be considered lawn.
Comments and Questions from the Commission:
— Did the engineer call out the area of the breezeway as impervious surface?
Reponses from the Representative:
— There is a decrease in volume of runoff from pre-development to post-development and
the breezeway area is about 60 cubic feet. This proposal would still be providing an
improvement whether or not the breezeway was accounted for in predevelopment. Fred
Russell modeled permeable pavers as impervious for the purpose of the stormwater
analysis.
On a motion by Mr. Langseth and seconded by Mr. Langseth, the Commission voted 6-0 by roll
call vote to close the hearing.
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Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:02 PM
Notice of Intent: 254 Lincoln Street
ViewPoint Cloud Permit# CNOI-21-17, DEP4201-1221
Applicant/Property Owner: Sridhar Vaddeboina
Project: proposed raze and rebuild of a single-family dwelling and associated appurtenances
within the 100-foot Buffer Zone to Bordering Vegetated Wetlands
Documentation Submitted.-
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ubmitted:— Permit Site Plan ofLand and Detail Sheet; Locus: 254 Lincoln Street, Lexington, MA;
Prepared for: Sridhar Vaddeboina; Prepared by: Patriot Engineering; Stamped and signed
by: Michael J. Novak, PE Civil No. 50696; Date: 4/12/2021;
— WPA Form 3 Notice oflntent application and attachments; Prepared by: LEC
Environmental; Prepared for Applicant/Property Owner: Sridhar Vaddeboina; Date:
4/20/2021;
— Stormwater Analysis and Calculations for 254 Lincoln Street; Prepared by: Patriot
Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Date:
4/12/2021;
Mr. Richard Kirby, LEC Environmental, and Mr. Michael Novak, Patriot Engineering, presented
before the Commission the proposal to raze and rebuild a single family dwelling within the 100-
foot buffer zone. Mr. Novak stated that the additional runoff is being fully captured and
infiltrated in the system and the remaining portion will continue to mimic the existing drainage
patterns. The applicant is proposing over 600 square feet of buffer zone restoration, installation
of four Feno markers, and to fill in a woodland area with additional sapling trees.
Questions and Comments from the Commission:
— What is the reason for tree removal along the property line to the east? Would like to
make sure there's an actual hazard and not just a perception.
— Would it be appropriate to plant something in place of the trees if determined to be okay
for removal?
— Request moving the center and eastern most Feno markers more north, closer to the
dwelling
— Could the swales in the side yard be broader to avoid any future filling in of a ditch?
Responses from the Representative:
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— There is a potential for the trees to fall on the house. The trees were planted 70 years ago
according to the neighbor.
— The trees in question are outside of the 100-foot buffer zone within the side yard setback
so would need approval as part of the building permit review.
— Trying to balance the usability of the backyard space with the preservation and
enhancement of the buffer zone.
— Can make sure the intent of the swales is conveyed during the pre-construction meeting
Ms. Miriam Boucher and Mr. Robert Boucher, Abutter and Property owners of 252 Lincoln
Street, spoke during the hearing. Ms. Boucher stated that she wants the trees to be replaced along
the property line. Mr. Kirby responded that the current homeowner can accommodate replacing
the Evergreen trees with a suitable alternative. Ms. Samuels stated that she would prefer the
Applicant replace the 4 Evergreens with 8 Green Arborvitaes and this will be added as a
condition.
On a motion by Mr. Langseth and seconded by 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
Phil Hamilton—Aye
8:35 PM
Amendment to Order of Conditions: 6 Blinn Road
ViewPoint Cloud Permit# AOOC-21-2, DEP4201-1126, BL41083
Applicant/Property Owner: Wesley Leighton
Project: modify the foundation elevations and the design details and specifications of a
previously approved subsurface infiltration chamber within the 100-foot Buffer Zone to
Bordering Vegetated Wetlands
Documentation Submitted.-
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ubmitted:— Letter; From: George Dimakarakos, P.E., Stamski and McNary, Inc.; To: Lexington
Conservation Commission; RE: 6 Blinn Road, DEP File 4201-1126; Date: 4/21/2021;
— Amended Order of Conditions Plan in Lexington, Massachusetts; Prepared for: LC Group
LLC; Prepared by: Stamski and McNary, Inc; Stamped and signed by: George
Dimakarakos, PE Civil No. 41281; Date: 4/21/2021;
— Proposed Drywell Hydrology Model; Date: 4/21/2021;
Mr. George Dimakarakos, Project Engineer, presented before the Commission the proposal to
modify the elevation of the previously approved infiltration system. The proposed system will
have a slightly wider footprint and Lexington Engineering confirmed that it will function as the
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previous design. Mr. Dimakarakos stated that the previously proposed chambers were installed
too low and that it was discovered during the As-built certification process.
On a motion by Mr. Langseth and seconded be Mr. Beuttell, 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
Phil Hamilton—Aye
8:41 PM
Continued Public Meetings/Hearings
ViewPoint Cloud Permit# CNOI-21-14 (No DEP#, Local bylaw only)
Notice of Intent: 1060 Waltham Street
Applicant: Core States Group
Property Owner: Waltham MSG LLC (The Grossman Companies, Inc.)
Project: re-use of an existing drainage connection
Previous Meeting Date: 4/12/2021, 4/26/2021
Supplemental Documentation:
Mr. Alan Roscoe, Project Engineer with Core States Group, presented to the Commission the
results of additional soil and percolation tests on site as requested by the Commission. Mr.
Roscoe stated that he witnessed dark brown/organic material which provides an impediment to
groundwater and stormwater infiltration. Mr. Roscoe added that the percolation test hole was
open for 45 minutes and the conclusion was not only zero infiltration, but that the test hole began
pulling in water from the top of the organic layer. The proposal is enhancing treatment, reducing
the overall flow and providing for the intent to infiltrate without having the ability to do so, and
base on this information the Commission grants a waiver for the infiltration requirement.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, 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
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Phil Hamilton—Aye
8:46 PM
ViewPoint Cloud Permit# CN0I-21-11, DEP#201-1219
Ecological Restoration Notice of Intent: 27 and 29 Constitution Road
Applicant: Town of Lexington Department of Engineering
Property Owners: Andreina Toro (27 Constitution Rd), Ricardo Fernandes (29 Constitution Rd)
Project: Kiln Brook culvert daylighting. An existing 36" RCP drain pipe that discharges to Kiln
Brook will be converted to an open stream channel, including a stone lined channel, native
vegetation plantings, a vegetated retaining wall, and an 8'x4' box culvert.
Previous Meeting Dates: 3/29/2021, 4/12/2021, 4/26/2021
Supplemental Documentation:
— Letter(Response to DEP Comments); From: Environmental Partners; To: Lexington
Conservation Commission; RE: Wetlands Protection Act: Notice of Intent, Ecological
Restoration Project..; Date: 5/3/2021;
Mr. Matthew Weisman, Lexington Engineering, confirmed that there are no further comments
from the MassDEP as part of the review process. Mr. Erik Kelley, Environmental Partners, also
confirmed that there are no outstanding issues from the supplemental information that was
shared with the state. The project team is satisfied with the results of the downstream flow
conditions and stated that the analysis was carried 300 feet downstream from the existing
drainage outfall and does not go down to the detention pond on the golf course. The daylighted
channel results in a significant decrease in flow velocity and an estimated 0.1 feet increase in
flood depth downstream.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, 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
Phil Hamilton—Aye
8:53 PM
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to issue the Restoration Order of Conditions.
Record of vote as follows:
Kevin Beuttell—Aye
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Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:55 PM
New Business/Pendine Matters, Continued
Conservation Plan Modification/Insignificant Plan Change Request: 15 Oxbow Road, ViewPoint
Cloud Permit# CPM-21-8, DEP4201-1177, CNOI-20-6
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to approve this request as an Insignificant Plan Change.
Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:57 PM
Conservation Plan Modification/Insignificant Plan Change Request: 11 Norton Road, ViewPoint
Cloud Permit# CPM-21-10, DEP4201-1190, CNOI-20-20
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to approve this request as an Insignificant Plan Change.
Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
9:08 PM
Conservation Plan Modification/Insignificant Plan Change Request: 4 Maguire Road, ViewPoint
Cloud Permit# CPM-21-9, DEP4201-1201, CNOI-20-28
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Mr. Joseph Piccirilli, Highpoint Engineering, presented before the Commission. The
Commission requested that calculations be provided as the revised bike parking area is an
increase in impervious cover. This will be continued to the May 24Th meeting at the Applicants
request to provide the calculations.
9:15 PM
Schedule site visits for 5/24/2021 meeting
The site visits will take place on Tuesday, May 181h starting at 5:00 PM
Approve minutes: 4/12/2021 and 4/26/2021
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve the Minutes of the 4/12/2021 meeting.
Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
9:18 PM
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to approve the Minutes of the 4/26/2021 meeting.
Record of vote as follows:
Kevin Beuttell—Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
9:19 PM
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee, HIP Working Group
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Mr. Hamilton informed the Commission that two newly appointed Associate members of the
Conservation Commission will be joining the next meeting on May 24,202 1.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to adjourn the meeting at 9:25 PM.
Record of vote as follows:
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:
Archived:
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