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Home My WebLink About2021-11-22-CONCOM-min 313232Efd-5;51qn PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, November 22, 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: Jason Hnatko (not present: Vinita Bose) Staff Present: Karen Mullins, Conservation Director; and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters Review and vote to approve Greenways Corridor Committee request to mark Route 12 and 13 with ACROSS Lex signage. Mr. Keith Ohmart, on behalf of the Greenways Corridor Committee, requested approval from the Commission to install signs on existing trails at Willards Woods and Turning Mill Pond, and also at the conservation-owned Valley Road parcel. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the request to install trail signs on three conservation lands as requested by the GCC. Record of vote as follows: Kevin Beuttell Aye Alex Dohan Recused Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye Enforcement: 111 Cedar Street, encroachment onto Poor Farm Ms. Mullins informed the Commission that she has received communication from the property owners and all work has stopped at the site. The property owners are working on a restoration plan and will provide that to Conservation staff. 1 Enforcement: 3 Goffe Road Enforcement Order; DEP#201-1192, CNOI-20-21 This site is in violation of the Conservation Commission Order of Conditions approved plan issued on 10/19/2020 due to construction of a significant sized impervious patio and impervious driveway expansion. The property owner has submitted a request for an Amended Order of Conditions and will be heard later in the evening. Enforcement: 7 Tufts Road, VPC#EO-21-2; tree removal within wetlands and 100-foot buffer zone Ms. Mullins informed the Commission that she has sent a violation letter and emails to the property owners, who have confirmed receipt of the notice; however, they have not provided a restoration plan to Conservation staff. Ms. Mullins will be following up with another violation letter. Conservation Plan Modification/Insignificant Plan Change: Rangeway Extension, ViewPoint Cloud Permit# CPM-21-27, DEP#201-968, BL# 926 On a motion by Mr. Langseth 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 6:50 PM Conservation Plan Modification/Insignificant Plan Change: 18 Blueberry Lane, ViewPoint Cloud Permit# CPM-21-29, DEP#201-1199, BL# CNOI-20-29 The Commission did not vote to approve this plan modification since the hot tub and planters are considered impervious surfaces and will require filing an Amendment to the Order of Conditions. 7:04 PM Certificate of Compliance: 7 Lois Lane, ViewPoint Cloud Permit#COC-20-14, DEP#201-1152, BL 1152 On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. 2 Record of vote as follows: Kevin Beuttell Aye Alex Dohan Aye Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye 7:05 PM New Public Meetings/Hearings 116 Woburn Street: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-21-17 Applicant/Property Owner: Rogers & Company, Inc. c/o Ernest Rogers Project: Raze and rebuild of a single family dwelling. Work to occur outside of the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: Request for Determination application and attachments; Prepared by: John Rockwood, EcoTec, Inc.; Date: 10/12/2021; ing, P.E., dated 8/6/2021; Brothers and Associates (Stamped by Robert Bibbo, PLS and Dr. Edward T.T. Chaing, P.E), dated 9/15/2021; prepared by EcoTec, Inc., dated 10/1/2021; The Commission did not have any comments and/or questions. On a motion by Ms. Ladd 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 Phil Hamilton Aye 7:10 PM 3 3 Goffe Road: Amendment to the Order of Conditions ViewPoint Cloud Permit# AOOC-21-11, DEP#201-1192, CNOI-20-21 Applicant/Property Owner: Lily Y Li Family Trust Project: after-the-fact approval for construction of landscape walls, sinks, island, patio and driveway resulting in an increase of 1,805 square feet of impervious surface within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: Letter Describing Request; From: Maureen Herald, Norse Environmental Services, Inc.; To: Lexington Conservation Commission; Re: 3 Goffe Road; Date: 10/19/2021; Stormwater Analysis; Prepared by: Sullivan Engineering Group, LLC; Stamped and signed by: John D. Sullivan III, PE Civil No. 41586; Date: 9/27/2020 and revised 10/15/2021; 10/15/2021; Plot Plan (highlighted); Prepared by: Scott M. Cerrato, PLS No. 50049; Scale: Comments from the Commission: Concerned that the bioretention areas could be filled in in the future and with the transfer of property if new owners are not aware of its purpose. The impervious patio is within the 50-would have been approved as part of the original Notice of Intent application. Would like to see the patio rebuilt as smaller and permeable. The rear fence is encroaching onto town-owned property and that will need to be relocated. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call Record of vote as follows: Kevin Beuttell Aye Alex Dohan Aye Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye 7:26 PM 35 Hayes Lane: Abbreviated Notice of Resource Area Delineation ViewPoint Cloud Permit# CORD-21-2, DEP#201-#### Applicant/Property Owner: Peter and Valerie Johnson Project: confirm the following jurisdictional areas: Bordering Vegetated Wetlands, Bank/Mean Annual High Water Line, Riverfront Area, and Bordering Land Subject to Flooding 4 Documentation Submitted: Abbreviated Notice of Resource Area Delineation application and attachments; Prepared for: Peter and Valerie Johnson; Date: 11/2/2021; Existing Conditions Plan; Sheet EX- Inc.; Prepared for: Patriot Engineering LLC; Stamped and signed by: Matthew Lowry, PLS No. 49625; Date: 10/11/2021 and revised through 11/16/2021; Mass DEP BVW Delineation Field Data Form; 4 Sheets; Prepared by: Julia Hoogeboom, LEC; Date of Delineation: 6/7/2021; Date of Data Collection: 10/11/2021; Mr. Richard Kirby, LEC Environmental, presented the Abbreviated Notice of Resource Area Delineation to the Commission. Mr. Kirby stated that LEC Environmental evaluated the site on June 7, 2021 and returned on October 11, 2021 to confirm and revise the resource areas during the growing season. Buffer zone lines were adjusted based on off site wetland flags, and at the request of the Commission the FEMA floodplain elevation was kept at 184. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to confirm the ANRAD as modified and issue 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 7:32 PM 181 Marrett Road: Notice of Intent ViewPoint Cloud Permit# CNOI-21-42, DEP#201-#### Applicant:/Property Owner: Glenn Herosian Project: construction of an addition to a single-family dwelling and repairs to in ground swimming pool and patio within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area Documentation Submitted: Notice of Intent application and attachments; Prepared by: Richard Kirby, LEC; Prepared for Applicant/Property Owner: Glenn Herosian; Date: 11/2/2021; nd signed by: Michael J. Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 10/25/2021; 5 Mr. Richard Kirby, LEC Environmental, and Mr. Michael Novak, project engineer, presented to the Commission. Mr. Novak stated that there is a net reduction of 795 square feet of impervious surface and that no infiltration is being proposed and best management practices (BMP) are available. Questions and Comments from the Commission: Can you confirm where the property boundary is? Trench drains are notorious for becoming clogged over time. Is it possible to make the trench drain slightly lower than the corner of the bluestone pool deck so it becomes obvious to the property owner when it needs to be cleaned out? What kind of grading modifications, if any, need to be done for the addition at the northwest corner of the house? Is the storage volume of the grass depression part of what is needed in order to meet the performance standards, or is it purely to slow down the velocity of the water coming out of the trench drain? Is the applicant willing to continue some of the invasive management and restoration beyond the property line to the north? Make sure the proposed addition is being calculated correctly and according to the performance standards, and that the existing surfaces are being considered as open space in good condition and not taken credit for in the runoff calculations. Responses from the Representative: The driveway and retaining wall extend over the property boundary. Those were present when the property was purchased. Mr. Novak does not think much grading will need to be done at all. He will check on the architectural drawings to confirm if there is an egress proposed. The storage volume of the grass depression will help to slow down the velocity of the water coming out of the trench drain. There is landscape debris and piles present beyond the property line and a row of eastern hemlock that was recently cut. The area beyond this lacks significant vegetation and LEC is not sure how realistic an invasive management plan would be in the long term because it is such an open area. Will double check the calculations and present at the next meeting. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll Record of vote as follows: Kevin Beuttell Aye Alex Dohan Aye Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye 6 7:53 PM 15 Banks Avenue: Notice of Intent ViewPoint Cloud Permit# CNOI-21-43, DEP#201-#### Applicant/Property Owner: Christian Murray, Carl Donald Property Investments LLC Project: raze and rebuild single family dwelling within 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: Site Plan; Prepared for: Christian Murray; Prepared, stamped and signed by: scale; Date: 10/27/2021; WPA Form 3 Notice of Intent application; Locus: 15 Banks Avenue, Lexington, MA; Prepared for the applicant: Carl Donald Property Investments LLC; Prepared by: Mitch Maslanka, Goddard Consulting LLC; Not dated; On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call Record of vote as follows: Kevin Beuttell Aye Alex Dohan Aye Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye 7:54 PM Continued Public Meetings/Hearings Request for Determination of Applicability: 99 Hancock Street (Diamond Middle School) ViewPoint Cloud Permit# CDOA-21-13 Applicant/Property Owner: Town of Lexington Project: installation of new concrete pad and natural gas generator, main circuit breaker and CB cubicle switchboard. Impervious area increase of 198 square feet. All proposed work is outside of the 100 Foot Wetland Buffer Zone Previous Meeting Date: 10/25/2021 Supplemental Documentation: Letter (Response to Comments); From: Kevin Riopelle, DGT Associates; To: Lexington Conservation Commission; RE: Diamond Middle School Emergency Generator Project at 99 Hancock Street; Date: 11/3/2021; Site Layout & Grading Plan and Sitework Details; Prepared by: DiNisco Design; Stamped and signed by: Fredric W. King, PE Civil No. 38089; Date: 9/24/2021 and revised through 11/3/2021; 7 Mr. Kevin Riopelle, DGT Associates, provided stormwater analysis and mitigation for the increase in volume in the one year storm event at the request of the Commission at the previous meeting. Mr. Riopelle stated that a new stone drip trench was incorporated and that all work remains outside of the 100-foot buffer zone. On a motion by Ms. Ladd and seconded by Ms. Dohan, 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 8:01 PM Notice of Intent: 440 Bedford Street ViewPoint Cloud Permit# CNOI-21-37, DEP#201-1243 Applicant: Elisha Long, Trammell Crow Company Property Owner: Ashok Patel, Ayushi LLC Project: proposed life science lab building with associated parking structure within the 100-foot Buffer Zone to Bordering Vegetated Wetlands, 200-foot Riverfront Area, and Bordering Land Subject to Flooding Previous Meeting Date: 9/27/2021 Supplemental Documentation: Date: 8/20/2021 and revised 9/7/2021; On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to continue the hearing to the Decem Record of vote as follows: Kevin Beuttell Aye Alex Dohan Aye Ruth Ladd Aye David Langseth Aye Holly Samuels Aye Phil Hamilton Aye 8:03 PM New Business/Pending Matters, Continued 8 Certificate of Compliance: 180 East Emerson Road, ViewPoint Cloud Permit# COC-21-5, DEP#201-1047, BL# 1004 Ms. Mullins informed the Commission that staff received a letter from the Attorney representing the owners of 184 East Emerson Road. This will be continued to the December 6, 2021 meeting to allow the Town Council more time to review. Certificate of Compliance: 96 Lowell Street, ViewPoint Cloud Permit# COC-21-29, DEP#201- 1146, BL 1103 Ms. Mullins stated that she has not performed a compliance site visit yet and the as-built plan on record shows an unapproved patio. Schedule site visits for 12/6/2021 meeting The site visits will take place on Saturday, December 4, 2021 at 9:30 AM Approve Minutes: 10/12/2021 and 10/25/2021 These minutes 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 Group Mr. Langseth stated that edits have been made to the Community Preservation Plan Open Space needs assessment and that the Conservation Commission should vote to approve the revised report. The Conservation Commission voted on the report as revised, and if any other changes are made another vote will take place at the December 6, 2021 meeting. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the Open Space Needs Assessment for the Community Preservation Committee. 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 Ms. Dohan provided an update on the Wright Farm Management Plan. 9 On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 8:28 PM Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 12/6/2021 Archived: 12/10/2021 10