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Home My WebLink About2022-02-07-Concom-min RECEIVED JS MORIy�N Haag O p 2022 SII':, , pim t7 r 3 PUBLIC MEETING MINUTES Meeting broadcasted by LexMedia Conservation Commission APRIL 19TH I CLERK LEXIN G't O� LEXINGTON MA AGENDA Monday, February 7, 2022, 6:3Op.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 (not present: Vinita Bose) Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters 8 Peachtree Road (DEP4201-384, BL 336), vote to approve Invasive Plant Management and Monitoring proposal necessary for obtaining a Certificate of Compliance Mr. Hezekiah Pratt, Landscape Architect, and Ms. Laura Knosp, Ryan Associates,presented the proposal to the Commission. Ms. Knosp confirmed that any construction debris will be removed prior to treatment and planting. Ms. Dohan asked if there is a plan to stop the knotweed from reinvading and Ms. Knosp responded that the proposal is to have the Clethra(Summersweet) establish itself and added that the knotweed wasn't extending into the wetland terribly and is isolated around the retaining wall. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the Invasive Plant Management and Monitoring proposal. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:46 PM 5 Hartwell Place (formerly 91 Hartwell Ave, DEP 4201-1163, BL 1118, CNOI-19-27)—review and discuss garage wall design detail with regards to 100-year flood elevation performance standards compliance Mr. Rich Kirby, LEC Environmental and Mr. Paul Finger, Paul Finger Associates, representing the property owner,presented to the Commission. Mr. Kirby stated that the design has been revised to maximize the potential for flow during the 100-year storm event. Members of the Commission agreed that the garage wall design detail is a reasonable solution and it was asked what the plan will be for getting cars out of the parking garage if there is a large storm event during the day. Mr. Kirby responded that as a storm is developing, there is usually a bit of delay between the event and the actual flooding and that as proposed, the parking garage is approximately two feet higher in elevation than the parking lot. Ms. Mullins stated that an evacuation plan was required as part of the Notice of Intent filing. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the garage wall design detail as an Insignificant Plan Change. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:56 PM Vote to accept and authorize Chair to sign Conservation Restriction 4102, 53 and 55 Watertown Street, National Development Waterstone Development On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve and accept, subject to any final amendments required by the State with Town Counsel approval, the foregoing Conservation Restriction presented at the February 7, 2022 Conservation Commission Meeting from Lexington Senior Housing Owner LLC pursuant to Section 32 of Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws per Surveyors Metes and Bounds Description Gerry L. Holdright, PLS, Dated July 21, 2021 with reference to a Plan entitled "Conservation Restriction Exhibit, Waterstone At Lexington, Watertown Street, Lot 15, Map 3, Town Of Lexington, Middlesex County, Commonwealth Of Massachusetts" Prepared By Control Point Associates, Inc., Dated May 18, 2020, and to authorize the Chair of the Conservation Commission to sign and notarize acceptance of the Conservation Restriction on behalf of the Conservation Commission in accordance with this vote. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:01 PM New Public Meetings/Hearings 95 Hayden Avenue: Abbreviated Notice of Resource Area Delineation Viewpoint Cloud Permit# CORD-22-1, DEP#201-1251 Applicant/Property Owner: Bradley Cardoso, Hobbs Brook Real Estate LLC Project: confirm BVW and isolated vegetated wetland Documentation Submitted.- - ubmitted:— Wetland Delineation Memo and attachments; From: Brad Holmes, Environmental Consulting & Restoration, LLC; Date: 12/22/2021; — Abbreviated Notice of Resource Area Delineation application and attachments; Prepared by: Environmental Partners; Date: January 2022; — "Resource Area Delineation Plan", Sheet 1, 2, 3 and 4 of 4; Prepared by: Environmental Partners Group LLC and Merrill Corporation; Date: 12/21/21; Mr. Scott Turner, Environmental Partners, and Mr. Brad Holmes, Environmental Consulting & Restoration, LLC,presented to the Commission. Mr. Turner stated that,prior to the meeting, Ms. Mullins asked the applicant to compare the wetlands resources to what was filed previously in 2008. Mr. Turner presented a plan comparing the delineation from 2008 and 2021. Questions and Comments from the Commission: — Referring to the BVW shown on the northern part of the site plan, it was asked where it connects to and if the connection is jurisdictional. — Is the surface area parking within the 100-foot buffer zone to BVW drained properly and is the water flowing into the BVW? — Does the channel that is being referred to as non jurisdictional and connects to the larger BVW not have any hydric soils or hydric vegetation? — Is there any wetland vegetation in the channel? — Are the old flags still present at the smaller BVW as well as the new flags? — Does the plan show where the data plots were done? Responses from the Representative: — It is not an above ground connection. It's a culvert that goes into a pipe. It's an underground connection. — That section of the parking area does not flow into the BVW and instead drains to the northeast during high flow times. The larger BVW to the south/southeast collects the entire stormwater management system through a series of pipes for 95 Hayden Ave. — The channel was originally delineated as inland bank to an intermittent stream because it was unclear what the source of the water was. There's a headwall that discharges into the ditch. The bordering vegetation on either side is all upland vegetation. The source of the water is the stormwater management system so it can't meet the definition of an intermittent stream because it doesn't flow from or within a wetland resource area. — There isn't a dominance of wetland vegetation — Did not remove any flags. There were some but weren't able to locate any significant wetland flags from previous delineations. — The data plots were done on the B series. Can complete additional data sheets based on the site visit determination. It was asked to other members of the Commission if the methodology seems sound on the wetland data sheets or if anything should be identified prior to the site visit. Chairman Hamilton stated that it isn't clear that the resource areas were delineated according to the bylaw and appears only according to state regulations. Mr. Holmes responded that the delineation also covers the Lexington wetlands criteria. 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 February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:23 PM 12 Ledgelawn Avenue: Request to Amend Order of Conditions ViewPoint Cloud Permit#AOOC-22-1, DEP#201-1235, CNOI-21-32 Applicant/Property Owner: Amy Hung Project: Modifications to the approved stormwater infiltration system, site grading, and retaining wall design, driveway expansion, removal of 3 trees, installation of fence Documentation Submitted: — Amended Order of Conditions Request and attachments; Prepared by: LEC Environmental Consultants, Inc.; Date: 1/18/2022; — Drainage Plan, Sheet C-0 and C-1; Prepared by: Gala Simon Associates Inc.; Stamped and signed by: Alberto M. Gala, PE; Date: 6/22/2021 and revised through 1/27/2022; Ms. Julia Hoogeboom, LEC Environmental, and Mr. Al Gala,project engineer,presented to the Commission. Questions and Comments from the Commission: — What kind and how big are the trees proposed to be removed? — Does this proposed tree removal have to go through the Tree Warden or Tree Committee? — What will the removed trees be replaced with? — Prefer that any replacement trees be of a larger diameter, about 1.5 to 2 inches. — The retaining wall is being proposed close to the protected tree and the construction footprint the retaining wall will require to be constructed is not indicated. Can the retaining wall be moved farther away from the protected tree to provide more room for the roots to grow? Responses from the Representative: — Two 8-inch Norway maples and a 24-inch unidentified maple — Spoke with the Tree Warden and this proposal does not meet the threshold based on the size of construction. — Proposing to plant at least two trees of the following varieties: tulip tree, red maple, gray birch, or serviceberry. — The retaining wall and infiltration system could be moved farther away about two or three feet, however that would interfere with the proposed exterior stairs Mr. Beuttell asked if there are any regulations for tree removal and vegetation within the outer riparian zone. Ms. Mullins responded that there are no specific regulations regarding vegetation, however the project is limited to 5,000 square feet of disturbance within the Riverfront Area. Mr. Gala responded that, if he had to estimate, the amount of disturbance is close but less than 5,000 square feet. Ms. Hoogeboom informed the Commission that the property owners were considering planting trees in the northeast corner of the property and asked if they can take credit for tree planting outside of the Riverfront Area. The Commission had no objection to planting outside the Riverfront area as long as on the subject property. Ms. Amy Hung,property owner, asked if the location of the retaining wall would need to change if it were replaced by a fence? Ms. Mullins stated that if a fence were proposed instead of a retaining wall, then there wouldn't be any need for site grading and the fence could be installed without returning to the Commission for approval. On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to continue the hearing to the February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:51 PM 4 Young Street: Notice of Intent ViewPoint Cloud Permit# CNOI-22-1 (local bylaw only) Applicant/Property Owner: Wenyi Gao, 4 Young Street LLC Project: raze and rebuild a single-family dwelling and associate site appurtenances within the 100-foot buffer zone to an off-site Isolated Vegetated Wetland(IVW). Documentation Submitted: — Notice of Intent application and attachments; Prepared by: LEC Environmental Consultants, Inc.; Date: 1/18/2022; — "Permit Site Plan of Land" and"Site Details"; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak. PE; Date: 1/10/2022; — Stormwater Analysis and Calculations; Prepared by: Patriot Engineering LLC; Stamped and signed by: Michael J. Novak, PE; Date: 1/10/2022; Mr. Rich Kirby, LEC Environmental and Mr. Michael Novak, Patriot Engineering,presented to the Commission. Mr. Kirby stated that the applicant is filing under the local bylaw only because of the jurisdictional buffer zone to an Isolated Vegetated Wetland (IVW). The applicant is proposing to reduce the impervious area on the site within the buffer zone by shifting the house and driveway away and also proposing to clean up trash and debris within the IVW. They are also proposing understory plantings within the IVW, replanting a section that is now lawn on the adjacent town-owned land and a strip of vegetation on the subject property. It was asked if the foundation could be moved over as it sits right on the 50-foot no-build zone. Mr. Kirby responded that the roof overhang is just on the side yard setback and feels that the applicant can justify the proposed location of the house given the significant reduction in impervious surface, proposed planting and the fact that the proposed house is farther away from the IVW than what is existing. Mr. Langseth noted that the text states the front walkway is pervious pavement; however, on the plan it is shown as pervious pavers. The Commission is satisfied with the location of the Feno markers not following the 25-foot buffer given all other site improvements in the proposal. The Commission is scheduled to perform a site visit before the next meeting and icy conditions prevented the site visit from occurring before this meeting. 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 February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:08 PM 18 Saddle Club Road: Notice of Intent ViewPoint Cloud Permit# CN0I-22-2, DEP#201-1252 Applicant/Property Owner: Yousaf Sami Project: raze deck and walkway to construct an addition on piers, deck on sonotubes, concrete pad, infiltration, associated utilities and grading within 200-foot Riverfront Area and Bordering Land Subject to Flooding Documentation Submitted.- - ubmitted:— Notice of Intent application and attachments; Prepared by: Norse Environmental Services, Inc.; Date: January 2022; — Stormwater Analysis; Prepared by: Sullivan Engineering Group, LLC; Stamped and signed by: John (Jack) D. Sullivan III, PE; Date: 1/17/2022; — Plot Plan of Land; Prepared by: Sullivan Engineering Group, LLC; Stamped and signed by: John (Jack) D. Sullivan III, PE; Date: 1/13/2022; — Engineering Comments; From: Marissa Liggiero, Engineering; Date: 2/2/2022; Mr. Jack Sullivan, Sullivan Engineering Group,presented to the Commission. No work is being proposed within the 100-foot inner riparian zone and the 100-foot buffer zone to Bordering Vegetated Wetlands. Mr. Sullivan stated that the addition and deck will be placed on a total of 19 sonotubes and 26 cubic feet of land area to the left of the driveway will be graded out to provide flood storage. Questions and Comments from the Commission: — What is the condition underneath the proposed addition? — Is it possible to move the erosion control further right on the site plan to provide more room from the 38-inch tree? Responses from the Representative: — The first-floor elevation will be 189 with the exposed piers/sonotubes and it is wide open under the addition and deck area. There will be no solid surface beneath the deck and addition and will be crushed stone beneath the deck for drainage. — Wanted to provide more room for the machinery, however may be able to deconstruct a portion of the existing retaining wall to provide for more tree root protection. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:22 PM Continued Public Meetinufflearin2s 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 Previous Meeting Date: 11/22/2021, 1/24/2022 Supplemental Documentation Submitted: — Letter Describing Amendments; From: Norse Environmental Services, Inc.; Date: 2/l/2022; — Stormwater Analysis; Prepared by: Sullivan Engineering Group LLC; Stamped and signed by: John (Jack) D. Sullivan III, PE; Date: 1/31/2022; Revised: 2/3/2022; — Site Plan; Prepared by: Scott M. Cerrato, PLS; date: 7/26/2020 and revised through 1/31/2022; — Turfstone Paver Detail; Not dated; Ms. Maureen Herald, Norse Environmental, informed the Commission that the trench drain system has been eliminated and the cultec system will capture runoff from the house and shed. A note has also been added to the site plan indicating that the existing fence will be relocated to the lot line. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Disconnected Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:26 PM On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to approve the Amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Disconnected Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:27 PM Vynebrooke Village: Notice of Intent ViewPoint Cloud Permit# CN0I-21-45, DEP#201-1248 Applicant/Property Owner: Caileen Foley, Lexington Housing Authority Project: construction of 3 additions, landscaping, invasive plant removal, and wetland replication within 100-foot buffer zone to Isolated Vegetated Wetlands Previous Meeting Date: 1212012021 *Applicant has requested a continuance to the February 22, 2022 meeting On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Disconnected Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:28 PM 116 Vine Street: Notice of Intent ViewPoint Cloud Permit# CN0I-21-44, DEP#201-1246 Applicant: Lexington Housing Assistance Board, Inc. Project: construction of 40b housing consisting of two buildings (6 units), a parking lot and associated site development, within the 100-foot buffer to BVW Previous Meeting Date: 1212012021, 112412022 *Applicant has requested a continuance to the February 22, 2022 meeting 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 February 22, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:28 PM Request for Certificate of Compliance: 75 Concord Avenue, ViewPoint Cloud Permit# COC-22- 5, DEP4201-1236, CNOI-21-20 On a motion by Mr. Langseth 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: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:31 PM Schedule site visits for 2/22/2022 Agenda The site visits will take place on Saturday, February 19, 2022 at 9:00 AM. The site visits for this meeting were rescheduled due to icy conditions and they will also take place on that date. Approve Minutes: 1/24/2022 meeting 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 January 27, 2022 meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:34 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 None On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to adjourn the meeting at 8:35 PM Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Respectfully Submitted, Meghan McNamara Department Assistant— Conservation Approved: 2/22/2022 Archived: 2/24/2022