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Home My WebLink About2022-04-04-Concom-min RECEIVED .as "'°Q",ti 2022 27 sur, I ��54 iu � TOWN u s u„ ° CLERK t7 r PUBLIC MEETING MINUTES LEXINGTON MA Conservation Commission APRI�K- Meering broadcasted by LexMedia LEXIN G't 0 AGENDA Monday, April 4, 2022, 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 and Holly Samuels (not present: Duke Bitsko) Associate Members Present: Jason Hnatko and Vinita Bose Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Request to donate a memorial bench at Willard's Woods, Mickey Pescatore Ms. Mickey Pescatore is requesting permission from the Conservation Commission to donate a memorial bench at Willard's Woods, in honor of two long-term Lexington residents, Jack and Jan Bourden, who enjoyed walking in Conservation areas in Lexington. The Commission asks Ms. Pescatore to return to the Commission once a design for the bench has been chosen. Ms. Pescatore will be able to select a location for the bench based on the consultant's recommendation and the Commission's input. Vote to spend $10,000 from the Lexington Nature Trust Fund to pay for Willard's Woods engineering plan. Ms. Mullins stated that this request for expenditure can be postponed indefinitely. Funds that are in a reserve from a prior public benefit trails project at Willard's Woods that meet the expenditure requirement are able to be used instead. Provide update on Bee City Ms. Mullins provided an update on Bee City and stated that the annual renewal process was completed in the last month. The Bee City process did involve a considerable amount of staff time from the Conservation Division. Ms. Mullins added that a lot of the native plant restoration projects were used as part of the annual reporting for Bee City and DPW assisted with signage. The Bee City sign will be relocated to Cotton Farm, at the request of Alix Bartsch, due to the apiaries being on site. An additional sign is being proposed and could be installed at one of the following locations: Native plant garden, Hastings Park, or a Lexington Living Landscapes demo garden. Provide update on 2022 Town Meeting Articles Chairman Hamilton provided an update on the West Farm meadow restoration program and the Wright Farm Barn stabilization, both of which received favorable votes during the 2022 Town Meeting. $155,000 was approved during Town Meeting to stabilize the Wright Farm Barn and not for any additional construction. Issue Order of Conditions: 23 Oxbow Road, ViewPoint Cloud Permit# CNOI-22-4, DEP4201- 1255 On a motion by Ms. Ladd and seconded by Ms. Dohan, 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—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:56 PM Schedule site visits for 4/19/2022 meeting The site visits will take place on Tuesday, April 121h at 6:00 PM 7:00 PM New Public Meetings/Hearings 3 Forbes Road and 750 Marrett Road—Notice of Intent ViewPoint Cloud Permit# CN0I-22-3, DEP#201-1253 Applicant: Jennifer Gray, Agenus, Inc. Property Owner: Robert A. Scringer, 3 Forbes Realty Trust(3 Forbes Rd) and Christopher F. Egan, Carruth Capital, LLC (Cranberry One LLC —750 Marrett Road) Project: construction of a pedestrian foot bridge within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area. Documentation Submitted.- - ubmitted:— Notice of Intent application and attachments; Prepared for: Bulfinch Companies; Prepared by: Metrowest Engineering, Inc.; Date: February 2022; — "Project Narrative"; Prepared by: Metrowest Engineering, Inc.; Date: February 2022; — "Waiver Request for 3 Forbes Road, Lexington"; Not dated; — Plan: "Proposed Site Plan"; Prepared by: Metrowest Engineering, Inc.; Stamped and signed by: Robert A. Gemma, PE; Date: 12/13/2021; — Plan: "Property Overview Sketch"; Prepared by: Metrowest Engineering, Inc.; Stamped and signed by: Robert A. Gemma, PE No. 31967; Date: 3/3/2022; — Plan: "Proposed Details"; Prepared by: Metrowest Engineering, Inc.; Stamped and signed by: Robert A. Gemma, PE; Date: 12/13/2021; — Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 3 Forbes Rd NOI Comments; Date: 3/16/2022; A representative was not present during the meeting. Mr. Beuttell stated that the bridge does not meet current accessibility guidelines and that the Commission should consider requesting that the bridge be slightly wider. Ms. Mullins responded that the bridge will not be ADA accessible because of the existing slopes before the bridge. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:09 PM 5 Meadow Brook Avenue—Request to Amend the Order of Conditions ViewPoint Cloud Permit#AOOC-22-8, CNOI-21-3. DEP#201-1209 Applicant/Property Owner: Homes Development Corp. c/o Joe Marino Project: changes to the previously approved stormwater basin design associated with a single- family dwelling build Documentation Submitted.- - ubmitted:— "Request for Amended Order of Conditions"; Prepared by: Richard A. Kirby, LEC Environmental Consultants, Inc.; Date: 3/11/2022; — "As Built Plan"; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Date: 2/24/2022; — Minor Modification Request Letter and Revised Stormwater Calculations; Prepared by: Michael Novak, Patriot Engineering; Date: 2/24/2022; Mr. Michael Novak, Patriot Engineering,presented to the Commission. Mr. Novak stated that the stormwater calculations were completed with the previous rainfall data standards prior to being amended. Mr. Beuttell stated that he does not think it's fair that the applicant has to meet the recently amended performance standards and that the applicant should meet the performance standards as they existed when the Order of Conditions was issued. Ms. Dohan stated that she agrees with that statement. Ms. Mullins asked the Commission to clarify why this project would be granted a waiver of the amended performance standards while another project also requesting an amendment this evening would not be granted a waiver. Mr. Beuttell responded that this amendment could be given a waiver of the performance standards because it does not increase the impervious surface area, and also because this was an unforeseen underground condition and the applicant is not electing to make the design change. The Commission asked Mr. Novak why the stormwater basin couldn't be constructed elsewhere on the property and without compromising the tree. Mr. Novak responded that the basin cannot be located to the north because of the tree, it cannot be located to the east because of the buffer zone and restoration planting area, it cannot be located to the south because of the proximity to the property line, and to the west is existing lawn and the property owner did not like that approach. In this particular case, the Commission will not require the new rainfall standards and Ms. Mullins will notify the Engineering Department of this. A majority of the Commission is in support of a waiver of the recently amended rainfall events. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:27 PM 1625 and 1557 Massachusetts Avenue—Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-3 Applicant: Department of Public Facilities Property Owner: Town of Lexington Project: construction of a new police station with associated site improvements involving a drainage connection Documentation Submitted.- Request ubmitted:Request for Determination of Applicability application and attachments; Prepared by: Fuss & O'Neill; Date: 3/11/2022; "Stormwater Management Report—Lexington Police Department"; Prepared by: Fuss & O'Neill; Stamped and signed by: Kevin McGarry, PE Civil No. 58182; Date: 3/11/2022; Planset: "Lexington Police Station—Permitting Plans"; Prepared by: Fuss & O'Neill; Date: 3/11/2022; Mr. Kevin McGarry, project engineer with Fuss & O'Neill, presented to the Commission. The Commission is reviewing the project's stormwater management because all of the site drainage ties into the Vine Brook. Comments from the Engineering Department have not been received yet. The Hosmer House is shown on the site plan as temporarily relocated and the town has not yet confirmed where it will be relocated to. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:39 PM Lincoln Street Right of Way—Notice of Intent ViewPoint Cloud Permit# CN0I-22-7, DEP#201-#### Applicant/Property Owner: Town of Lexington Engineering Project: construction of a sidewalk and street widening along the Lincoln Street right of way from the Weston Street intersection to the Marrett Road intersection with associated drainage improvements, and the relocation and reconstruction of the Idylwilde Conservation Area and Community Gardens driveway and parking area, respectively Documentation Submitted.- - ubmitted:— Notice of Intent application; Prepared by: Davren Chartier, CHA Consulting, Inc.; Signed by: Scott Young; Date: 3/14/2022; — Plans: "Lincoln Street Sidewalk Project Permitting Plans"; Prepared by: CHA Consulting, Inc.; Date: 3/9/2022; — "Stormwater Report for Lincoln Street Sidewalk Construction Project"; Prepared by: CHA Consulting, Inc.; Date: March 2022; Mr. Davren Chartier, CHA Consulting, Mr. Scott Young, CHA Consulting, and Mr. Ross Morrow, Lexington Engineering,presented to the Commission. Questions and Comments from the Commission: — The most recent Engineering report states that the project does not meet the performance standards. Is it possible to replace the conventional asphalt with porous asphalt on the sidewalks in an attempt to meet the performance standards? — Will a waiver request be submitted if the proposal cannot meet the performance standards? Responses from the Representative: — The rougher surface can cause difficulty for people in wheelchairs and those with sensitive spines. The project team has previously discussed the material with the Commission on Disabilities and the commission was against it. The DPW won't be installing porous pavement on ADA surfaces for this project. — The project team is actively trying to find phosphorus removal opportunities within the Lincoln Street area. Due to the soils, the area is not favorable for infiltration and if the standards cannot be met a waiver request will be submitted. The Cambridge Water Department stated prior to the meeting that they will review the project and provide a formal response if the hearing is continued. They were not made aware of the project with enough time to comment prior to the hearing being opened. Mr. Laurence D. Laurenzi,property owner of 339 Lincoln Street, asked why a ribbon was placed on the 48-inch tree adjacent to the current Idylwilde Parking entrance off Lincoln Street. Mr. Laurenzi stated that the ribbon was placed on the tree recently. Mr. Morrow responded that this tree was deemed a safety hazard and will likely be taken down. Mr. Laurenzi asked if the relocation of the entrance can be stopped if the tree is proposed to come down. Mr. Morrow responded that relocating the entrance was to create additional parking spaces and offered to meet Mr. Laurenzi at the site to discuss the options. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:53 PM 10 Maguire Road—Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-4 Applicant/Property Owner: SRE Flag, LLC Project: site improvements to the existing campus with the 100-foot buffer zone to Bordering Vegetated Wetlands, 200-foot Riverfront Area, and 100-foot buffer zone to 100-year flood elevation Documentation Submitted.- - ubmitted:— Request for Determination of Applicability application and attachments; Prepared by: Allen & Major Associates, Inc.; Signed by: David Robinson, Allen & Major Associates, Inc. and Joseph P. C., SRE Flag, LLC; Date: 3/14/2022; — "Site Improvements Plans"; Sheets C-101, V-101, C-102, C-103, C-104, C-501, and C- 502; Prepared by: Allen & Major Associates, Inc.; Stamped and signed by: Carlton M. Quinn, PE; Date: 3/15/2022; Date Revised: 3/25/2022; — Wetlands Report; Prepared by: Sean Goddard, Goddard Consulting LLC; Date; 9/l/2021; — Form 11 - Soil Suitability Assessment for On-Site Sewage Disposal; Prepared by: Steven J. Lee; Date signed: 3/8/2022; — HydroCAD Report; Date; 3/15/2022 and revised 3/30/2022; Mr. David Robinson, Allen & Major Associates,presented to the Commission the proposed site improvements to the existing office building at 10 Maguire Road. Questions and Comments from the Commission: — Why are the dumpsters spread out around the site? Why are the dumpsters not further away from the wetlands? — It looks like there are dumpsters within the floodplain, is that correct? — It does not relate directly to this project, but it appears that at certain areas of the site, the perimeter drive isn't draining as originally intended and there is sediment entering into the wetlands area. Runoff is not finding its way to the catch basins, rather is sloping into the wetlands area. — Is there any spill prevention in place for the transformers on the site? Are the transformers gas or oil? Responses from the Representative: — Each of the 4 buildings are proposed to have 4 separate tenants. The site needs to accommodate a truck backing into each of these dumpsters while also being in a close proximity to the buildings. We believe that these areas are the best locations for the dumpsters to be placed. — Two of the dumpsters are located within the 100-foot buffer to the 100-year floodplain, however no dumpsters are located within the floodplain. — The representative has informed the property manager of the runoff concerns and will address them. — Can have the electrical team answer that. Believe the transformers are gas-fed transformers and not oil, but will provide a formal and accurate response. Mr. Beuttell stated that, as witnessed during the site visit, there appears to be landscape debris within the 25-foot no disturb zone and asked that the Commission hear from the property manager/owner about what can be done to better manage those areas. Ms. Tony Sabatino, Greatland Development, responded that adjustments will be put into place to address these concerns that began to occur while the site was under previous ownership. Ms. Sabatino also stated that the snow removal plan will be adjusted because there are impacts beyond the asphalt area and that these impacted areas will be seeded and foamed in the spring. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:14 PM Continued Public Meetinufflearin2s 9 Philip Road(Bowman School)—Notice of Intent ViewPoint Cloud Permit# CN0I-22-5, DEP#201-1254 Applicant/Property Owner: Town of Lexington Project: Install concrete pad-mounted battery system to support existing solar renewable energy system. Located within the 100-foot buffer zone to Bordering Vegetated Wetlands, Bank, and 200-foot Riverfront Area(Beaver Brook) Previous Meeting Date: 31712022, 312112022 Supplemental Documentation Submitted: — Sheet 1 of 2; "NOI Site Plan"; Prepared by: Wood Massachusetts, Inc.; Date: 2/11/2022 and revised through 3/28/2022; — Sheet 2 of 2; "Structural Details"; Prepared by: Wood Massachusetts, Inc.; Date last revised: 2/28/2022; — Waiver Request Letter; Re: Waiver Request and Buffer Zone Impact Mitigation Plan; Prepared by: Stephen G. Herzog, Wood Massachusetts, Inc.; Date: 3/28/2022; Mr. Stephen Herzog, Wood Massachusetts Inc., Mr. Nabih Younis, Ameresco, and Mr. Jackson Doughty, Ameresco,presented to the Commission. Mr. Herzog stated that a waiver request for disturbance within the 25-foot buffer zone was provided to the Commission. A compensatory impact mitigation plan is proposed and includes the following: manage invasive plant species around the entrance to the walking path and monitor for a 3-year period, amend the existing herbaceous vegetation nearest the parking lot with pollinator and wildflower species, tie into the Eversource restoration plan which will extend just beyond the transformer and plant native woody shrubs and trees to provide a natural screening, and also install an informational sign describing the native species habitat and the renewable energy system. Mr. Beuttell stated that the white pine should be replaced with an oak since white pine is going into a decline. Mr. Herzog responded that substituting the white pine will not be a problem. A condition will be added that a specific plant list with size and quantity be submitted to the Conservation Commission prior to implementation. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to close the hearing. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:24 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve the request for waiver. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:25 PM 45 Fottler Avenue—Notice of Intent ViewPoint Cloud Permit# CN0I-21-46, DEP#201-1250 Applicant/Property Owner: Marina and Igor Balk Project: demolition of a detached one-car garage and subsequent construction of a detached two- car garage within the 200-foot Riverfront Area of Mill Brook Previous Meeting Date: 312112022 *Applicant has requested a continuance to the April 19, 2022 meeting On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to continue the hearing to the April 19, 2022 meeting at the applicant's request. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:25 PM Approve Minutes: 3/21/2022 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the Minutes of the March 21, 2022 meeting. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:26 PM 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 None On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of vote as follows: Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:29 PM Respectfully Submitted, Meghan McNamara Department Assistant— Conservation Approved: 4/25/2022 Archived: 4/26/2022