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Home My WebLink About2021-10-12-CONCOM-min RECEIVED JS MORN/NG 202 T 9 T f a!c 4 39 pi°i°i IOWN CLERK zw sII_L. .VLaa:;o"II"s.N MIA PUBLIC MEETING MINUTES Conservation Commission APRIL WT" Meering broadcasted by LexMedia LEXIN G't O� AGENDA Tuesday, October 12, 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, Alex Dohan, Philip Hamilton, Ruth Ladd, David Langseth and Holly Samuels (not present: Duke Bitsko) Associate Members Present: Vinita Bose (not present: Jason Hnatko) Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Expenditure approval from the Lexington Nature Trust Fund for Speaker Series honorarium fees, Charles Wyman On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to authorize the donation of$500 from the Lexington Nature Trust Fund to support and co- sponsor the speaker series organized by Lexington Living Landscapes. Record of Vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:39 PM 180 East Emerson Road request for Certificate of Compliance, ViewPoint Cloud Permit4COC- 21-5, DEP4201-1047, BL 1004 Mr. Al Gala,project engineer,presented to the Commission on behalf of the property owners of 180 East Emerson Road. An as-built plan was provided to the Commission that shows additional topographic information. Concerns were previously brought up on elevations being raised above what was originally approved. Attorney Susan Bernstein, representing Mr. and Mrs. Lan Chen,property owners of 184 East Emerson Road, requested that the Swale be extended to the rear property line along the arborvitaes to increase protection against flooding. Mr. Gala responded that he does not think that would be appropriate, since half of the runoff goes to the front and half to the back, and this area is limited in elevations. Mr. Kyle Burchard, engineer representing Mr. and Mrs. Lan Chen, stated that he has no issues with the computations performed by Mr. Gala. Mr. Burchard agrees that the side Swale may help and that the subsurface conditions may not be identified until this change is made. Mr. Gala is requesting the Commission approve the removal of a tree in the southwest corner of the dwelling, the addition of a rear walkway and patio, and the construction of a Swale between the property boundaries of 180 and 184 East Emerson Road. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve these four items 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 7:10 PM Conservation Plan Modification/Insignificant Plan Change: 254 Lincoln Street, ViewPoint Cloud Permit# CPM-21-26, DEP4201-1221, CNOI-21-17 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the 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 7:13 PM New Public Meetings/Hearings Determination of Applicability: 25 Vine Brook Road ViewPoint Cloud Permit# CDOA-21-12 Applicant/Property Owner: Laurence Tropeano Project: proposed invasive species management and native plant restoration along Vine Brook. The proposed work will take place within the 200-foot Riverfront Area and within the 100-foot Buffer Zone to Bank Documentation Submitted.- - ubmitted:— Land Management Plan; Narrative for Invasive Plant Management and Native Plant Restoration; Prepared by: Parterre Ecological; Date: Fall 2021; — Project Description; Not dated; — Photographs of site; Not dated; — WPA Form 1 Request for Determination of Applicability; Prepared by: Ryan Corrigan, Parterre Ecological; Prepared for: Laurence Tropeano; Signed by: Ryan Corrigan; Date: 9/21/21; Mr. Miles Connors, Parterre Ecological,presented before the Commission. Mr. Connors stated that the site is predominantly Japanese knotweed running along the brook to the culvert, and that this will be a cut and dab herbicide application. Comments and Questions from the Commission: — Noticed that the vegetation extends over the property line. — Can you explain the strategy for knotweed removal and how it will pertain to erosion control and sediment stabilization? — If approved, would this proposal be allowed through fall 2023 and the applicant would return to the Commission if there is a need to reevaluate at that time? Responses from the Representative: — The adjacent property is the same property owner, Mr. Laurence Tropeano — Since it is the end of season for treating, this will be a cut and fill herbicide application. All cutting and dabbing will take place on the steeper slopes so root mass will be left. In areas that are more flat, such as the top of the bank and garden area, these may be grubbed out by manual methods. In general, invasive management will disturb as little soil as possible. — It is likely that the Japanese knotweed will exist past 2023, and if so, the same methods and procedures will be used. The applicant can return to request an extension of the proposal if necessary. On a motion by Mr. Langseth and seconded by Ms. Ladd, 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 7:28 PM Notice of Intent: 39 Ledgelawn Avenue ViewPoint Cloud Permit# CN0I-21-41, DEP#201-1244 Applicant/Property Owner: Richard A. Jensen Project: Addition of a 226 square foot roof over an existing wooden deck and a 113± square foot alteration to the existing infiltration system. Proposed work is within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area. Documentation Submitted: — 39 Ledgelawn Avenue Permit Site Plan of Land; Prepared by: Meridian Associates; Prepared for: Rich Jensen; Stamped and signed by: Christopher S. Broyles, PE Civil No. 51591; Date: 9/14/2021; Date revised "Rev To 41 Ledgelawn Resource": 10/4/2021; — Application for Notice of Intent; WPA Form 3 Notice of Intent application; Prepared by: Prepared by: Meridian Associates, Inc; Date: 9/14/2021; — Stormwater Analysis and Calculations; Prepared by: Meridian Associates, Inc.; Stamped and signed by: Christopher S. Broyles, PE; Date: 9/14/2021; Mr. Andrew Clarke, Meridian Associates,presented before the Commission. The Commission raised concern that the existing infiltration system will be exposed to sediment runoff during construction and requested that specific notes be added to the plan to aid the construction crew. Mr. Clarke responded that he can add additional requirements for filter fabric to be used as the infiltration system becomes exposed, and that engineering supervision will be on site when exposing the system. Hand digging as opposed to pure excavation will also be promoted to limit any sediment runoff. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the October 25, 2021 hearing 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 7:37 PM Continued Public Meetinufflearin2s Notice of Intent: 24 Hamblen Street ViewPoint Cloud Permit# CN0I-21-39, DEP#201-1241 Applicant/Property Owner: Wenyi Gao, 24 Hamblen Street LLC Project: raze and rebuild a single family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 9/27/2021 Supplemental Documentation: None Mr. Richard Kirby, wetlands scientist, and Mr. Michael Novak,project engineer,presented before the Commission. Mr. Novak stated that the site plan was revised to include: a porous paver driveway, a shift in the infiltration system (PSIS-1)to preserve trees, an enlarged infiltration system (PSIS-2)to accommodate a sump pump, and a third test pit performed. Questions from the Commission: — Is the driveway the same material as the walkway? Not seeing a detail on the plan. — Will the sump pump be running continuously? Responses from the Representative: — The walkway is going to be porous pavement. If the walkway is not going to be porous pavement then the contractor will have to come back to the Commission for review and approval of any other material. — There is high groundwater on the site, but overall as long as the sump pump can keep the house dry the water will eventually recede and infiltrate as wanted. The system is large enough and pumping wouldn't happen a lot, perhaps only during the two periods of time with high groundwater: late fall and early spring. 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 7:44 PM Notice of Intent: 180 Burlington Street ViewPoint Cloud Permit# CN0I-21-38, DEP#201-1242 Applicant/Property Owner: 180 Burlington Street Nominee Trust Project: raze and rebuild a single family dwelling, construction of driveway and patio within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Previous Meeting Date: 9/27/2021 Supplemental Documentation: — Permit Site Plan of Land and Site Details; Prepared by: Patriot Engineering' Stamped and signed by: Michael J Novak, PE; Date: 9/7/2021 and revised 10/4/21 "Add Proposed Tree Location"; — Memorandum; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 180 Burlington St NOI Comments 2; Date: 10/4/2021; Mr. Scott Smyers, Oxbow Associates, and Mr. Michael Novak,project engineer,presented to the Commission. It was noted that the trees were labeled on the site plan and a planting area established. No other changes were made and a favorable engineering report was provided by Lexington Engineering. On a motion by Ms. Ladd and seconded by Mr. Langseth, 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 7:48 PM Notice of Intent: 203 Marrett Road ViewPoint Cloud Permit# CN0I-21-35, DEP#201-1239 Applicant: David Sohn, Northeast Venture Group Property Owner: Johnson Aram Estate c/o Steven N Aaron Project: Demolition of existing dwelling and reconstruction of a new, single family home within the one hundred foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Dates: 9/13/2021 (continued), 9/27/2021 *Request vote to issue Order of Conditions if the hearing is closed Supplemental Documentation: — Site Plan; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Prepared for: Northeast Venture Group; Date: 7/25/2021 and revised through 10/4/21 "updated wetland line; add feno; TP's 3&4 and restoration area"; — Buffer Zone Restoration Plan; Prepared by: Mary Trudeau, Wetlands Consultant; Not dated; Ms. Mary Trudeau, wetlands consultant,presented to the Commission the changes made since the previous hearing including: revising the site plan to connect Wetland Flags 6 and 13, and providing a restoration planting plan for the 25-foot buffer zone. Ms. Trudeau stated that the only outstanding item on the site plan is the location of the Feno markers and requested a special condition regarding the location of the Feno markers to be confirmed in the field with Conservation staff and shown on an updated site plan. The Commission also requested a more substantial property line marker at each corner of the lot since it abuts town owned land. Ms. Trudeau responded that the applicant is willing to install these property boundaries at the request of the Commission. On a motion by Mr. Beuttell 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 7:57 PM On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 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 7:58 PM New Business/Pendine Matters, continued Extension to Order of Conditions: 10-12 Rangewn Road, DEP4201-1063, BL 1020 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the 1 year extension to the Order of Conditions (11/13/2021 to 11/13/2022). Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:00 PM Certificate of Compliance: 7 Crosby Road, ViewPoint Cloud Permit# COC-21-27, DEP4201- 1079, BL 1036 This will be continued to the next meeting. Certificate of Compliance: 92 Adams Street, ViewPoint Cloud COC-21-28, DEP4201-904, BL 864 This will be continued to the next meeting. Certificate of Compliance: 7 Lois Lane This will be continued to the next meeting. Issue Order of Conditions: 46 Turning Mill Rd, VPC#CNOI-21-40, DEP4201-1240 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Recused Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:01 PM Policy to create Idylwilde Community Garden as a no-till site Mr. Beuttell raised concern about gardeners using the till equipment and Ms. Mullins responded that training and liability coverage will be put in place. Mr. Langseth shared his concern on refueling the tilling equipment, if not being done by town staff. Members of the Commission agreed to create the community garden as a no-till site, as long as the tilling is taken care of in a way that is respectful of the town's policy on fossil fuels and safety of those using the equipment. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve Idylwilde Community Garden as a no-till site and require that all structures on individual plots be removed every fall. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:15 PM Reorganization of Conservation Commission On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to close the nominations for Chair 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 8:17 On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote that Philip Hamilton remain Chair 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 8:19 PM On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to close the nominations for Vice-Chair 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 8:20 PM On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote that David Langseth remain Vice-Chair 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 8:20 PM Vote to approve 2022 Conservation Commission Calendar On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the 2022 Conservation Commission Calendar. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:22 PM Schedule site visits for 10/25/21 Meeting The site visits will take place on Saturday, October 23, 2021 at 9:00 AM Approve minutes: 8/30/2021, 9/13/2021, 9/27/2021 On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the minutes of the August 30, 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 8:25 PM The Minutes of the 9/13/21 and 9/27/21 meetings will be approved at the next meeting. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working g Group Chair Hamilton stated that, in his opinion, there is a strong move to raise the density of the building on Hartwell Avenue and that this will raise revenue and taxes from commercial development. He added that this will help rebalance residential and commercial taxes, as well as provide proposals for rezoning and other initiatives in the future. Ms. Mullins provided an update on the Engineering Department staff change. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 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 8:34 PM Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 12/6/2021 Archived: 12/10/2021