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Home My WebLink About2021-08-30-CONCOM-min JS MORNIN ?�G 2=W ,O O ,Q PUBLIC MEETING MINUTES Conservation Commission APRIL tY— Meering broadcasted by LexMedia LFXING'�O� AGENDA Monday,August 30, 2021, 6:30 p.m. 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: Jason Hnatko and Vinita Bose Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:38 PM New Business/Pendine Matters 15 Volunteer Way- Ashok Patel, update on expansion of work limit and changes to the site within the 100-foot buffer zone This will be continued to the next meeting to allow more time for the applicant to confirm details with Lexington Engineering. Conservation Plan Modification/Insignificant Plan Change: 607 Waltham Street, ViewPoint Cloud Permit#CPM-21-20, DEP4201-1202, CNOI-20-31 If the applicant chooses to move forward with the proposed sump pump, he will need to submit an Amendment to the Order of Conditions and receive an engineering review. To avoid any further delays, the Commission will vote to issue the plan change to include all changes except the sump pump. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Insignificant Plan Change request without the sump pump. 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 6:53 PM Approve 191 Spring Street Conservation Restriction 4103; Rick DeAngelis, Boston Properties On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to approve the Conservation Restriction subject to approval by the State and Town Counsel. 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 On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to approve the Chairman to sign on behalf of the Conservation Commission. 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 7:00 PM Issue Certificate of Compliance: 67 Turning Mill Road, ViewPoint Cloud Permit# COC-20-16, DEP4201-1168, BL# 1123 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to issue the Certificate of Compliance. 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 Issue Certificate of Compliance: 453 Concord Avenue, ViewPoint Cloud Permit# COC-21-19 Ms. Mullins informed the Commission that this request is not ready for issuance. This will be continued to a future meeting. Issue Certificate of Compliance: 8 Peachtree Road, ViewPoint Cloud Permit#COC-21-16, DEP4201-384, BL# 336 Mr. Hezekiah Pratt, Project Architect representing the previous property owners, presented to the Commission. The retaining wall is not in compliance and sits two feet higher than the backyard, creating an encroachment barrier. The Commission will perform a site visit and continue this request to the next meeting. 7:14 PM Issue Certificate of Compliance: 30 Patterson Road, ViewPoint Cloud Permit# COC-21-21, DEP4201-963, BL 921 On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the Certificate of Compliance. 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 7:16 PM (39:02 LexMedia Recording) New Public Meetings/Hearings Request for Determination of Applicability: 45 Winthrop Road ViewPoint Cloud Permit# CDOA-21-9 Applicant/Property Owner: Li Li & Suming Wang Project: install a 96 square foot shed within the 200-foot Riverfront Area Documentation Submitted: — Proposed location of shed; Not dated; — Project Description; Date: 8/2/2021; — WPA Form 1 Request for Determination of Applicability application; Date signed: 8/3/2021; — Plot Plan; Prepared by: Noonan & McDowell, Inc.; Stamped and signed by: John Lawrence Noonan, PLS No. 33000; Date: 6/21/2012; Ms. Li Li and Mr. Suming Wang, property owners of 45 Winthrop Road, presented to the Commission their proposal to install a 12x8 foot shed within the 200-foot Riverfront area on the property. A special condition will be required that the shed not increase in size or otherwise will require stormwater management since greater than 100 square feet of impervious surface. 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 Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 7:21 PM Notice of Intent: 207 East Street ViewPoint Cloud Permit# CNOI-21-23 (local bylaw only) Applicant/Property Owner: Prakash Bedre Project: Excavation, foundation and construction of a 22'x24' single story garage attached by a 4'x14' breezeway to the exiting house, along with associated site work within the 100-foot buffer zone Documentation Submitted: — WPA Form 3 Notice of Intent application (local bylaw only); Date signed: 6/7/2021; — As-built plot Plan of Land; Prepared, stamped and signed by: David Philip Terenzoni, PLS No. 38720; Date: 11/21/2020 — Plot Plan of Land; Prepared, stamped and signed by: David Philip Terenzoni, PLS; Date: 9/15/2020; — Plot Plan of Land; Prepared, stamped signed by: Charles E. Michaud, PE No. 24494; Date: 8/10/2021; — Photographs of site — Stormwater calculations; Date: 6/6/2021 Ms. Tracy Sharkey, Guaranteed Builders & Developers, Inc., presented to the Commission. Ms. Mullins stated that the new drainage system will allow the applicant to close out the older permit as they are not able to certify the previous system without this current filing. The applicant is requesting a waiver under the Lexington Wetlands Protection Code since the stormwater analysis does not demonstrate compliance with Performance Standard 5(2) and 5(6). The applicant did not provide evidence that the 1 year storm event did not produce an increase in volume of total runoff. The applicant's request for waiver is due to the fact that the garage's impervious surface is outside of the 100-foot buffer zone. The previous Order of Conditions (DEP4201-945) states that no additional impervious surface shall be permitted on the lot without the approval of the Commission. Ms. Sharkey stated that adding the additional cultec chamber will cause more disturbance because it would require tree removal and be closer to the wetland edge due to the size of the lot. Questions and Comments from the Commission: — Unsure of what is requesting to be waived since the stormwater analysis is non-compliant and does not meet the 1 year stormwater regulation. Not comfortable making that judgement on a waiver until the analysis is in compliance. — Using caution tape and stakes is not acceptable for tree protection. Plastic mesh orange fencing is preferred. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the September 13, 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 7:40 PM Continued Public Meetings/Hearings ViewPoint Cloud Permit# CN0I-21-20, DEP#201-1236 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, 8/16/2021 Supplemental Documentation: — Email from Luke Hurley; Vegetative maintenance plan and proposed lumber specs; Date: 8/24/2021; Mr. Luke Hurley, Gove Environmental Services, Inc., presented before the Commission. The vegetative maintenance plan will be on a monthly basis. The Commission requests that an annual maintenance report be submitted summarizing what was done over the year. Ms. Kayleen Duclos, American Towers LLC, responded that the applicant will adhere to a summary report however the Commission sees fit. A condition will be added to incorporate any cutting of wood to be done upland. 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 Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 7:53 PM Abbreviated Notice of Resource Area Delineation: 475 Bedford Street ViewPoint Cloud Permit# CORD-21-1, DEP#201-1237 Applicant/Property Owner: Cresset Lexington LLC Project: confirmation of resource areas Previous Meeting Date: 7/19/2021 Supplemental Documentation: — "Existing Conditions Plan of Land"; Prepared for: Cresset Lexington LLC; Prepared by: VHB; Stamped and signed by: Russell J. Bousquet, PLS No. 35389; Date: 8/10/2021; Ms. Laura Laich, VHB, presented the changes made to the existing conditions site plan so the resource areas match what the Commission had requested during the initial site walk. Ms. Laich and the Commission verified during a second site visit that, on the western part of the site (corner edge of the parking lot),the species located there are not wetland species. On a motion by Ms. Ladd 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 Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Order of Resource Area Delineation. 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 7:57 PM New Business/Pendine Matters, Continued Issue Order of Conditions: 8 Paddock Lane, ViewPoint Cloud Permit# CNOI-21-29, DEP4201- 1230 On a motion by Ms. Samuels 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: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Duke Bitsko —Aye 7:58 PM Wright Farm Advisory Subcommittee report Ms. Dohan presented an overview of the Wright Farm Advisory subcommittee report, including estimated costs and timelines for the proposed barn rehabilitation. 8:14 PM Enforcement Order: 7 Tufts Road, VPC#EO-21-2;tree removal within wetlands and 100-foot buffer zone Property owner will be presenting at the next meeting to allow more time to prepare a maintenance plan. Discussion of issues raised at continued public hearing of 8/9/2021 regarding changes to bylaw and regulations The Commission continued a discussion on the proposed regulation amendments with focus on Protected Resource Area language and Section 9. Waiver of Regulations. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the public hearing on the proposed regulation amendments to September 13, 2021. 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 Schedule site visits for 9/13/2021 meeting The site visits will take place on Wednesday, September 8, 2021 at 5:00 PM Approve minutes: 8/2/2021 and 8/16/2021 On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Minutes of the August 2, 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 9:01 PM On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to approve the Minutes of the August 16, 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 9:02 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 Ms. Ladd provided an update on the Hartwell Innovation Park (HIP) working group and stated that the discussions are moving quickly towards a public meeting. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to adjourn the 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 9:07 PM Respectfully Submitted, Meghan McNamara Department Assistant Approved: 10/12/2021 Archived: 10/19/2021