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a M PUBLIC MEETING MINUTES
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AGENDA Monday,June 7, 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 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. 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, Alex Dohan, Philip Hamilton, Ruth Ladd, David
Langseth, Holly Samuels and Duke Bitsko (arrived at 7:15 PM)
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
John Wysocki to provide an update on use of wildlife camera at Willard's Woods (LUPA-28)
Mr. John Wysocki, Lexington student,provided the Commission with video evidence and an
update on his findings while using a wildlife camera at Willard's Woods during the winter and
spring in 2021. Mr. Wysocki spotted turkey, raccoons, deer, and much more with the camera.
14 Village Circle update on enforcement order, violation of patio work without Conservation
approval
Mr. Dan Wells presented on behalf of the property owner who is looking for guidance on a
restoration approach from the Commission. Mr. Wells estimates that the disturbed area is less
than 50 feet from the stream and he confirmed the patio has not been constructed to be
permeable. The Commission would like to be presented with a significant replanting plan with
native species and invasive removal since this work is located within the inner riparian zone.
15 Volunteer Way - Ashok Patel, update on expansion of work limit and changes to the site
within the 100-foot buffer zone
Mr. Ashok Patel, property owner, and Mr. Tim Power, PVI Site Design, presented the
Commission with an overview of the site conditions and work completed on site thus far.
Comments from the Commission:
— The wetland line appears to stop on the property line and seems unusual.
— If the property has disturbed the one acre limit of threshold, the roof may require
additional stormwater management if exceeded under the town stormwater bylaw.
— Noticed regrading behind the shed and this is close to the 30-inch diameter trees.
— If the property has exceeded the one acre disturbance threshold, the roof might require
management and treatment in addition to what is being proposed. It is recommended that
the property owner become familiar with the Lexington Stormwater Bylaw regulations
and discuss with the Lexington Engineering Department.
Mr. Power and Mr. Patel are to discuss a proposal and set a more realistic and accurate wetlands
line to show they meet the standards or need to request a waiver.
7:29 PM
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, confirmed for the Commission that there is an
overall net decrease in impervious surface and the proposal has received a favorable engineering
report from the Lexington Engineering Department.
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to approve this as an Insignificant Plan Change.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:32 PM New Public Meetings/Hearings
ViewPoint Cloud Permit# CN0I-21-21, DEP#201-####
Notice of Intent: 95 Hayden Avenue
Applicant: Town of Lexington Engineering
Property Owner: 95 Hayden LLC, c/o Hobbs Brook Management, LLC
Project: wastewater pump station upgrades
Documentation Submitted.-
-
ubmitted:— "Existing Conditions and Demolition Plan" Drawing C-5, "Pump Station Site Layout
Plan and Profile Hayden Avenue" C-6, "Hayden Ave Pump Station Existing Conditions
and Demolition and Modifications Plan" C-8, "Erosion Control Notes and Details" C-10;
Prepared for: Town of Lexington DPW; Prepared by: Wright-Pierce; Stamped and signed
by: Kevin M. Olson, PE Civil No. 36482; Date: 5/21/2021;
— "Notice of Intent Application" and attachments; Prepared by: Wetlands & Land
Management, Inc.; Prepared for: Town of Lexington Engineering; Date: May 2021; Date
Notice of Intent signed: 5/14/2021;
— "Hayden Avenue Pump Station Site Layout Plan and Profile"; Drawing C-6; Prepared by:
Wright-Pierce; Date: 5/21/2021;
Mr. William Manuell, Wetlands and Land Management, Inc., and Mr. Marc Moccio and Mr.
Derek Costa, Wright-Pierce (civil engineers), presented before the Commission.
Request to add various conditions regarding stockpiling being tarped at end of work day and
additional erosion controls around the perimeter of the stockpile area. Very tight work area.
Questions and Comments from the Commission:
— How do you plan to control and/or eliminate the Japanese knotweed?
— Will you be using a biodegradable blanket on the steep slopes?
— What is in the existing control box? Concerned about an oil release.
Responses from the Representatives:
— The work should begin around mid July to mid August, however the most realistic start
date is Winter or Spring 2022.
— The Japanese knotweed can run 4-5 feet deep and can look into excavating that far down
to control the spread of the invasive species.
— Any slope steeper than a 3:1 ratio will have an erosion control blanket in place.
— Will be re-foaming and seeding almost everything within the erosion control.
— The project team believes the control box contains electrical connections and
infrastructure.
Ms. Jamie O'Connell, Cambridge Water Department, was in attendance to ask the project team
questions and ensure the pump station meets drinking water regulations as the tributary next to
the pump station helps feed the Hobbs Brook Reservoir, and a portion of the project is within an
area designated as an Outstanding Resource Water. Ms. O'Connell asked what the power source
for the generator will be and if any liquid fuel will be stored, and Mr. Moccio responded that the
power source is natural gas and no liquid fuel will be stored. Ms. O'Connell asked if there is an
alarm station in the pump room and Mr. Moccio responded yes and that they are in all the
stations in town.
Mr. Bitsko and Mr. Beuttell both recused themselves due to involvement with the Cambridge
Water Department.
On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 5-0 by roll
call vote to continue the hearing to the June 21, 2021 meeting at the applicant's request.
Record of vote as follows:
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:52 PM
ViewPoint Cloud Permit# CN0I-21-22, DEP#201-1225
Notice of Intent: 0 Adams Street (Map 69, Lot 100B) and North Street Conservation Area
Applicant: Town of Lexington Engineering
Property Owner: Town of Lexington
Project: wastewater pump station upgrades
Documentation Submitted.-
-
ubmitted:— "North Street Existing Conditions and Demolition Plan" C-2, "North Street Pump Station
Grading Plan" C-4, "North Street Pump Station Demolition and Modifications Plan" C-7,
"Erosion Control Notes and Details" C-10, "Floodplain Compensatory Plan" C-1 l;
Prepared for: Town of Lexington DPW; Prepared by: Wright-Pierce; Stamped and signed
by: Kevin M. Olson, PE Civil No. 36482; Date: 5/21/2021;
— "Landscape Restoration & Site Plantings"; Sheet Ll; Prepared by: RS Leonard
Landscape Architecture; Stamped and signed by: Regina S. Leonard, RLA No. 4346;
Date: 5/11/2021;
— "Site Plantings Pallette" and "Restoration Plantings Pallette"; Prepared by: RS Leonard
and Wright-Pierce; Date: 5/5/2021;
— "Notice of Intent Application" and attachments; Prepared by: Wetlands & Land
Management, Inc.; Prepared for: Town of Lexington Engineering; Date: May 2021; Date
Notice of Intent signed: 5/14/2021;
— "North Street Pump Station Site Layout Plan and Profiles"; Drawing C-3; Prepared by:
Wright-Pierce; Date: 5/21/2021;
Mr. William Manuell, Wetlands and Land Management, Inc., and Mr. Marc Moccio and Mr.
Derek Costa, Wright-Pierce (civil engineers), presented before the Commission.
Questions and Comments from the Commission:
— What is an appropriate restoration plan? Difficult to evaluate when there isn't a numerical
value to judge against. Please quantify what is being removed and what is being replaced.
— This is a very dangerous intersection. Is there a strategy for a proposed crossing for
pedestrians and bicyclists?
Responses from the Representative:
— There is an existing crosswalk and no more being planned than to maintain the crossing.
Can look into this.
— Need to elevate the control panel and the pad to get out of the flood zone and that is
where the filling is occurring.
— About 88 cubic yards of flood storage. Devised a plan that creates 139 cubic yards of
compensatory flood storage all within a foot by foot increment, creating an extra 50 cubic
yards.
— Will work from the Adams Street side as much as possible to lower the disturbance
within resource areas.
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to continue the hearing to the June 21, 2021 meeting at the applicant's request.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:13 PM
ViewPoint Cloud Permit#CDOA-21-6
Request for Determination of Applicability: 453 Concord Avenue (Cotting School)
Applicant/Property Owner: The Cotting School c/o Bridget Irish
Project: replacement of the athletic field turf carpet and installation of a chain-link fence within
the 100-foot buffer zone to Bordering Vegetated Wetlands, the 200-foot Riverfront Area, and
areas of Conservation Easements
Documentation Submitted:
— "The Cotting School Turf Field Replacement" complete planset; Topographic Survey
Sheet I, II, III, IV, V, Site Preparation, Layout and Materials Plan, and Details; Prepared
for: The Cotting School; Prepared by: Activitas, Inc.; Date: 5/19/2021;
— Memorandum; From: Activitas, Inc.; To: Conservation Commission; RE: Request for
Determination of Applicability Narrative; Date: 5/19/2021;
— Photographs of site; Not dated;
— WPA Form 1 Request for Determination of Applicability application; Prepared by:
Megan Buczynski, Activitas, Inc.; Prepared for: The Cotting School c/o Bridget Irish;
Signed by Applicant and Representative on 5/19/2021;
Ms. Megan Buczynski, Activitas, presented before the Commission. The Applicant is proposing
to replace the 13 year old turf field by removing the top surface, carpet and in-fill and keep the
pad that is underneath. The Applicant is also requesting to install a 4-foot high chain link fence
to replace the net fence that is currently in place, and added that all work can be done on the turf
side of the fence to avoid unnecessary disturbance. The in-fill is organic material and could be
composted at the end of its life.
Mr. Bitsko asked if the proposed chain link fence will have a bottom rail and whether it could be
raised a few inches high for animals. Ms. Buczynski responded that the fence does have a bottom
rail and that she would prefer to not leave a gap since its purpose is to catch baseballs and soccer
balls from the athletic field. Ms. Ladd added that it could be more beneficial that a snapping
turtle not get onto the field via under the fence and that there is grass surrounding the fence to
help animals travel around if necessary.
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call vote to issue a Negative Determination with Conditions.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:26 PM
Continued 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
Previous Meeting Dates: 5/24/2021
Documentation Submitted: None
*This hearing was continued from the 512412021 meeting to provide adequate and timely abutter
notification.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to continue the hearing to the June 21, 2021 meeting at the applicants request.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:28 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.
Previous Meeting Date: 5/24/2021
Supplemental Documentation:
— "Drainage Plan" 13 Hancock Avenue; Prepared by: Gala Simon Associates; Stamped
and signed by: Alberto M. Gala, PE Civil No. 36434; Dated 4/29/2021 and revised
6/l/2021;
— "Engineering Drainage Calculations for 13 Hancock Avenue"; Prepared by: Gala Simon
Associates, Inc.; Dated: 4/12/2021 and revised through 6/2/2021;
Richard Kirby, LEC Environmental and Al Gala, Project Engineer, presented before the
Commission.
Comments from the Commission:
— Is there a proposed curb around the driveway?
Response and Comments from the Representative:
— There is not a proposed curb around the driveway. What you are seeing is a retaining
wall. That is why the trees have to be removed - building the retaining wall will take out
roughly half of the root system and have reason to think the trees will not survive.
— The entire driveway will be constructed of porous pavers. For calculation purposes, Mr.
Gala only took credit for a certain area of the driveway as porous.
— The proposed garage does include roof overhangs.
— Water going to the Swale on the side of the house is significantly reduced.
On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll
call vote to close the hearing.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:38 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
Previous Meeting Date: 5/24/2021
Supplemental Documentation:
— "Drainage Plan"; 609 Waltham Street in Lexington, Massachusetts; dated May 3, 2021,
prepared by Gala Simon Associates, Inc.; Revised: 6/2/2021;
— "Engineering Drainage Calculations"; 609 Waltham Street, Lexington, Massachusetts;
dated May 3, 2021; Prepared by Gala Simon Associates, Inc.; Revised: 6/2/2021;
Mr. Richard Kirby, LEC Environmental, and Mr. Al Gala, Project Engineer, presented before the
Commission. Mr. Kirby informed the Commission that the proposed addition has been reduced
to outside of the 50-foot buffer zone, the driveway is proposed closer to the garage, grading close
to the tree is minimal, and tree protection has been added. During the previous meeting,
questions were raised regarding the proximity of the infiltration system to the foundation. Mr.
Kirby stated that Mr. Gala eliminated that system and instead added a cultec chamber to the
other system so it is a larger sized system next to the barn. The Applicant requested to keep the
grape vines behind the barn area and offered to limit maintenance to only access the area and
through non-chemical means. Ms. Samuels asked how the steep slope is proposed to be
stabilized and Mr. Kirby responded that the area will be regraded as a three to one slope and
should be easy to stabilize.
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:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:48 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
Previous Meeting Date: 5/24/2021
*Applicant has requested a Continuance to the 612112021 meeting
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 21, 2021 meeting at the applicant's request.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:49 PM
New Business/Pendine Matters, Continued
Enforcement order compliance: 91 Woburn Street restoration
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
vote to close out the enforcement order.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:51 PM
Request for Certificate of Compliance: 137 Wood Street, ViewPoint Cloud# COC-21-12,
DEP4201-1178, CNOI-20-5
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission vote 7-0 by roll call
vote to issue the Certificate of Compliance.
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:49 PM (2:21:40 for LexMedia Recording)
Update on FY 2022 Special Town Meeting CPA requests: Meadowbrook Due Diligence and
Parker Meadow ADA Improvements Supplemental Requests
Ms. Mullins stated that these requests are allowed to be submitted for the Fall Town Meeting,
and is also requesting to submit the supplemental information so as not to significantly delay the
project or increase the costs as they will continue to rise.
Schedule site visits for 6/21/2021 Meeting
The site visits will take place on Monday, June 14Th, 2021 at 5:00 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 water valve was located at the new Native Plant Nursery. This will make it possible to water
the plants more easily at that location.
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to adjourn the meeting at 9:02 PM
Record of vote as follows:
Kevin Beuttell—Aye
Duke Bitsko —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
Respectfully Submitted,
Meghan McNamara
Conservation Department Assistant
Approved: 6/21/2021
Archived: 6/22/2021