The URL can be used to link to this page

Home My WebLink About2021-05-24-CONCOM-min Jg MORN/N PCO O p,Q ; �w PUBLIC MEETING MINUTES Conservation Commission APR]L 19TH Meering broadcasted by LexMedia AGENDA Monday,May 24, 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: Kevin Beuttell, Duke Bitsko, Alex Dohan, Philip Hamilton, Ruth Ladd, David Langseth and Holly Samuels Associate Members Present: Vinita Bose and Jason Hnatko Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Update on 14 Village Circle- Scott Goddard, contractor, violation of patio work without CC approval Mr. Dan Wells, Goddard Consulting, presented on behalf of the property owner, Ms. Eunju Lee. Mr. Wells referenced aerial imagery demarcating the median high water line of the intermittent stream and patio work within the protected resource area. Ms. Mullins recommends coordinating a site visit with members of the Commission to look at the wetlands flagging. Mr. Wells stated that there are well defined banks of the stream and that the upland species weren't hydric, however the Bordering Vegetated Wetland (BVW) line may connect further down to the southwest, but the banks don't show BVW. There are no gaps in between the pavers as shown in the photos and the property owner is unsure if the material is permeable pavers. The Commission will perform a site visit and discuss their findings during the next meeting. Conservation Plan Modification/Insignificant Plan Change Request: 4 Maguire Road, ViewPoint Cloud Permit# CPM-21-9, DEP4201-1201, CNOI-20-28 Mr. Joseph Piccirilli, HighPoint Engineering, presented before the Commission. There is a slight increase in runoff from what was originally proposed; however, there is still a decrease from Pre- to post-development conditions. This will be continued to the next meeting on June 7, 2021 and requires an engineering review. 6:54 PM Issue Order of Conditions: 1010 Waltham Street, ViewPoint Cloud Permit# CNOI-21-15, DEP4201-1220 On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Ms. Dohan recused herself from the vote. Record of vote as follows: Kevin Beuttell—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 6:56 PM Issue Order of Conditions: 18 Peacock Farm Road, ViewPoint Cloud Permit# CNOI-21-16, DEP4201-1222 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 6:56 PM Issue Order of Conditions: 254 Lincoln Street, ViewPoint Cloud Permit# CNOI-21-17, DEP4201-1221 On a motion by Ms. Ladd 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: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 6:57 PM Issue Order of Conditions: 1060 Waltham Street, ViewPoint Cloud Permit# CNOI-21-14 (No DEN, Local bylaw onty) On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 6:58 PM Issue Amendment to the Order of Conditions: 6 Blinn Road, ViewPoint Cloud Permit# AOOC- 21-2, DEP4201-1126, BL41083 On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 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 Duke Bitsko —Aye 6:59 PM Request for Certificate of Compliance: 3 Solomon Pierce Road, ViewPoint Cloud Permit# COC- 21-11, DEP4201-782, BL4742 This request is for a Partial Certificate of Compliance. Mr. Richard Kirby, LEC Environmental, informed the Commission that this request is for all Conditions except the monitoring period for two consecutive growing seasons. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to issue Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 7:02 PM New Public Meetings/Hearings Viewpoint Cloud Permit#AOOC-21-3, DEP#201-1138, BL# 1095 Request for Amendment to Order of Conditions: 11 Sherburne Road Applicant: 11 Sherburne Road, LLC Property Owner: 11 Sherburne Road LLC c/o DND Homes LLC Project: Increase in square footage of roof area and walkway, and increase in size of approved drainage system Documentation Submitted: — Letter Describing Requested Amendments; From: Frederick W. Russell, PE; To: Lexington Conservation Commission; RE: 11 Sherburne Road, DEP File No. 201-1138; BL 1095; Date: 5/3/2021; — As-Built Site Plan; Locus: 11 Sherburne Road; Prepared for: DND Homes; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Scale: 1"=20' and not to scale; Date: 4/27/2021; — As-Built Stormwater Analysis; Prepared for: 11 Sherburne Road; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Date: 5/3/2021; Ms. Trina Murphy, representative with DND Homes, informed the Commission that abutters may not have been notified properly and therefore requests a continuance to the next meeting to appropriately re-inform the abutters. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the June 7, 2021 meeting 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 Phil Hamilton—Aye Duke Bitsko —Aye 7:09 PM ViewPoint Cloud Permit# CDOA-21-5 Request for Determination of Applicability: Brown Homestead Conservation Area on the Minuteman Bikeway (47-164J) Applicant: Charles Wyman, Lexington Living Landscapes Property Owner: Town of Lexington, Conservation Project: Proposal to remove Japanese Knotweed between the bikeway and wetlands area and convert to a native pollinator meadow as a demonstration/educational site Documentation Submitted.- - ubmitted:— Proposed Bikeway Knotweed Control and Meadow Establishment; Provided by: Town of Lexington GIS; Scale: 1"=80% Date: 4/5/2021 — Proposal for a Bikeway Native Plant Meadow; From: Archana Dayalu, Pamela Lyons, and Charlie Wyman, Lexington Living Landscapes; To: Lexington Conservation Commission; Date: 5/4/2021; — Photographs of site; Date taken: 5/3/2021; — WPA Form 1:Request for Determination of Applicability application; Prepared by: Charles Wyman, Lexington Living Landscapes; Date submitted: 5/4/2021; Mr. Charles Wyman, Lexington Living Landscapes, presented before the Commission the proposal to remove invasive species at the Brown Homestead Conservation area along the Minuteman Bikeway. Mr. Wyman estimates that it will take a minimum of two years to properly remove the invasive species before converting to a native pollinator meadow demonstration site. Members of the Commission request a condition that the specifics of the meadow preservation be approved at a later date. Mr. Bitsko asked what the reason was for foliar treatment rather than manual removal of the Japanese Knotweed. Mr. Wyman responded that because of the close proximity to the woodland edge, in a couple of growing seasons the invasive area may revert back to shrub and tree landscape which is not wanted in this proposal. Mr. Bitsko suggests a backpack treatment rather than truck spraying to make the foliar treatment most effective. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 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 Duke Bitsko —Aye 7:23 PM ViewPoint Cloud Permit# CN0I-21-18, DEP#201-1223 Notice of Intent: 13 Hancock Avenue Applicant/Property Owner: Gillian Galen Project: construct an attached garage to an existing single-family dwelling, replace a wooden deck, and reconstruct and expand an existing driveway within the 100-foot Buffer Zone to BVW. Documentation Submitted: — Notice of Intent Application and Wetland Resource Area Analysis and attachments; Prepared by: LEC Environmental; Prepared for Applicant/Property Owner: Gillian Galen; Date: 5/6/2021; — Drainage Plan - 13 Hancock Avenue (2 Sheets); Prepared by: Gala Simon Associates, Inc.; Stamped and signed by: Alberto M. Gala, PE Civil No. 36434; Scale: F=40' and not to scale; Date: 4/29/2021; — Engineering Drainage Calculations for 13 Hancock Avenue; Prepared by: Gala Simon Associates, Inc.; Stamped and signed by: Alberto M. Gala; Date: 4/29/2021; — Wetland Restoration Planting Plan, dated May 4, 2021 prepared by LEC; Mr. Richard Kirby, Wetlands Scientist, LEC Environmental, presented before the Commission. The applicant is proposing to construct an attached garage to the existing dwelling, replace a wooden deck and reconstruct and expand the existing driveway all within the 100 foot buffer zone to Bordering Vegetated Wetlands. A portion of the deck and garage are both within the 50- foot"no structure" zone. Mitigation efforts include proposing porous pavement for the first half of the driveway and two subsurface infiltration systems to capture the existing roof and garage runoff. Overall there will be an increase in impervious area by 75 square feet and the infiltration system can capture 1,125 square feet of runoff. The applicant is also proposing to restore current lawn area and convert to a naturalized planting area with shrubs, natives, and groundcover plants. Questions and Comments from the Commission: — What is the plan to minimize the impact to the large trees adjacent to the bikeway? — Is there a replanting plan for the area? — Concerned about the necessity for a turnaround area of the driveway within the 50-foot buffer zone since there is little traffic on Hancock Street, as well as the necessity for the walkway behind the garage to the proposed deck. — Request that the turnaround driveway area be removed or made of pervious pavement to provide air and water to the tree in close proximity. — Is there crushed stone in the drainage ditch? — Is there a plan to create a wetland or let the water flow out of the area? — Check that the roof overhang is included in the calculations as it doesn't appear so on the plans provided. Responses from the Representative: — Perhaps a certified arborist could be hired to ensure the work is being done to the best extent in terms of tree protection. — Anticipate the area to be replanted but it is up to the property owner or a creative landscape designer. — There were many cars parked on the street during the site visits. — It appears that the previous owners put a pvc pipe in the bed of crushed stone and that's what the drainage area in the back is connected to. — The area will always be wet but removing the berm may relieve some of the ponding. Not intending to drain the wetland. Ms. Ladd asked about the drain inlet between the driveway and the house and Mr. Kirby responded that he will provide more information at the next meeting and that the Historic Commission prefers no gutters on the left side of the house that abuts the Minuteman Bikeway. Ms. Katherine McCarey, abutter and property owner of 11 Brigham Road, asked questions about the restoration area to the rear of the property. Responding to her questions, Mr. Kirby stated that the black gum tree would generally (over many decades) become just as tall as the other trees in the area. Mr. Kirby also stated that there shouldn't be any expansion or significant spread of the Bulrush mixture beyond the restoration area. Also,there is no disruption in the ditch between the properties being proposed. Ms. Emily Patel, abutter and property owner of 11 Hancock Avenue, stated that she supports the proposal and the efforts of restoration by the property owners. 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 June 7, 2021 meeting 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 Phil Hamilton—Aye Duke Bitsko —Aye 8:22 PM ViewPoint Cloud Permit# CN0I-21-19, DEP#201-1224 Notice of Intent: 609 Waltham Street Applicant/Property Owner: Shailesh Prajapati Project: construct a living space addition to an existing single-family dwelling and install a porous pavement driveway extending from Waltham Street to a detached barn. Portions of the proposed activities are located within the 100-foot Buffer Zone to BVW Documentation Submitted: — Notice of Intent Application and Wetland Resource Area Analysis and attachments; Prepared by: LEC Environmental; Prepared for Applicants/Property Owners: Shailesh Prajapati and Vaishy Patel; Date: 5/6/2021; — Buffer Zone Mitigation Planting Plan, dated May 5, 2021 prepared by LEC — Drainage Plan—609 Waltham Street in Lexington, Massachusetts dated May 3, 2021, prepared by Gala Simon Associates, Inc. — Engineering Drainage Calculations for 609 Waltham Street, Lexington, Massachusetts dated May 3, 2021 and prepared by Gala Simon Associates, Inc. Mr. Richard Kirby, LEC Environmental, presented before the Commission. Mr. Kirby stated that he is going to speak with Mr. Al Gala, Project Engineer, about reshaping the driveway or perhaps installing a retaining wall. Also, Mr. Kirby is going to discuss the proximity of the infiltration system to the foundation with Mr. Gala. Information will be added to the record on how the steep slope next to the barn will be stabilized, as well as adding information on the invasive species within the edge of the wetland boundary to the planting plan. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the June 7, 2021 meeting 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 Phil Hamilton—Aye Duke Bitsko —Aye 8:34 PM ViewPoint Cloud Permit# CN0I-21-20, DEP#201-#### Notice of Intent: 75 Concord Avenue Applicant/Property Owner: American Towers LLC Project: to perform a boardwalk repair, fence installation and vegetation maintenance around the AM radio tower site within the 100-foot Buffer Zone to Bordering Vegetated Wetlands — Planset: "Cap Ex Improvement Plan"; Locus: 75 Concord Ave, Lexington, MA; Prepared by: American Towers LLC; Revised date: 10/15/2020; — WPA Form 3: Notice of Intent application; Prepared for: Shawn Lanier, American Towers LLC; Prepared by: Luke Hurley, Gove Environmental Services, Inc.; Date signed: 10/12/2020; — Letter and attachments; From: Luke Hurley, Gove Environmental Services, Inc.; To: Glen Gould, EBI Consulting; Subject: Concord Ave, Lexington, MA Re: Wetland Survey; Date: 1/25/2021; Mr. Luke Hurley, Gove Environmental Services, Inc., presented before the Commission. The Applicant is proposing to repair a section of the access walkway to the radio tower, install new compound fencing around each tower and maintain the vegetation for safety purposes. Questions and Comments from the Commission: — Please provide a form regarding square footage of alteration. Not seeing one in the record. — How is the applicant proposing to replace the footings? — Please check to see if a small piece of equipment can drive over the boardwalk. — Please provide information on the longevity of the building material Responses from the Representative: — The plan is to dig out the existing footings and rebuild concrete footings. Proposing to dig out structures by hand rather than use machines to limit the impact. — Would bring in premade concrete and remove the footings that are currently in place. — Replacing the footing on the fence too. — Will respond to questions on building material once a Contractor is hired. Ms. Kayleen Duklo, American Towers LLC, stated that they are still in the process of securing a Contractor, and hope to have that completed within the next few weeks to better respond to questions from the Commission. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the June 7, 2021 meeting 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 Phil Hamilton—Aye Duke Bitsko —Aye 9:03 PM New Business/Pendine Matters, Continued Review Town Counsel comments on revised Rules incorporating the Commission's proposed Buffer (Section 5) and Waiver (section 9) amendments Members of the Commission discussed the suggested edits provided by Town Counsel. The next step is to schedule a public hearing on the regulations before they will go into effect. Schedule site visits for 6/7/2021 meeting The site visits will take place on Tuesday, June 1, 20201 at 5:30 PM Approve minutes: 5/10/2021 On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Minutes of the May 10, 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 Duke Bitsko —Aye 9:54 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 The fence at Chiesa Farm was fixed. There is a continued violation of mowing the non-lawn area at 44 Adams Street. The Conservation Restriction does allow the installation of a fence along the property line, which could help alleviate this issue. On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to adjourn the meeting at 9:55 PM. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 6/21/2021 Archived: 6/22/2021