The URL can be used to link to this page

Home My WebLink About2022-04-25-Concom-min RECEIVED o.as MOR~,NC 2022 dJuin, 1 M pin't 0 0 TOWN CLERK i $ w PUBLIC MEETING MINUTES LEXINGTON MA Conservation Commission APRI�K- Meering broadcasted by LexMedia LEXIN G't O� AGENDA Monday, April 25, 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: Duke Bitsko, Alex Dohan, Philip Hamilton, Ruth Ladd and Holly Samuels (not present: Kevin Beuttell) 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 Conservation Plan Modification/Insignificant Plan Change: 1332 Massachusetts Avenue (Munroe Tavern), ViewPoint Cloud Permit# CPM-22-5, CDOA-19-28, Lesser Celandine herbicide treatment Mr. Miles Connors, Parterre Ecological,presented to the Commission the request to use herbicide treatment to manage the invasive lesser celandine on the Munroe Tavern property as well as the abutting properties of 1314 Massachusetts Avenue and 10 Tavern Lane. The Munroe Tavern received approval in 2019 through a Negative Determination which includes invasive species management however is required to receive additional approval from the Commission if chemical methods of removal are requested to be used. Mr. Connors requested a 3 to 5 year approval based on the existing population of lesser celandine. The Commission asked that the abutting property owners submit written statements confirming that the treatment be extended to their properties. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to approve the use of chemicals to manage invasive species on the properties of 1332 Mass Ave (Munroe Tavern), 1314 Mass Ave and 10 Tavern Lane for up to 3 years, and the requirement that a report be submitted each year by the end of September indicating what work was done and the results. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:55 PM Conservation Plan Modification/Insignificant Plan Change: 27/29 Constitution Road Drainage Improvement Project ViewPoint Cloud Permit(VPC) 4CPM-22-6, CNOI-21-11, DEP4201- 1219, Revise Native Plant List and expand area of buffer zone restoration Mr. Matthew Weissman, Lexington Engineering, and Mr. Ryan Paul, Environmental Partners, presented to the Commission. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:03 PM 46 Turning Mill Road, VPC 4CNOI-21-40, DEP 4201-1240, Approve the Easement Agreement between the Commission and David Santo of 46 Turning Mill Road in substantially the form (dated 4/5/2022) and authorize the Chair to execute On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to approve the easement agreement between the Conservation Commission and Mr. David Santo and to authorize the Chair to execute the agreement on behalf of the Commission. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:05 PM Request for Certificate of Compliance: 46 Turning Mill Road, 4 VPC 4COC-22-7, CNOI-21-40, DEP 4201-1240 On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:06 PM New Public Meetings/Hearings 33 Freemont Street—Notice of Intent ViewPoint Cloud Permit# CN0I-22-8, DEP#201-1257 Applicant/Property Owner: Leah Rochbert Project: construct an addition, wooden deck and porous paver patio within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted.- - ubmitted:— Notice of Intent application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Prepared for the Applicant/Property Owner: Leah Rochbert; Date: 3/29/2022; — Sheet C-0 "Drainage Plan" and Sheet C-1 "Drainage Plan"; Prepared by: Gala Simon Associates, Inc.; Stamped and signed by: Alberto M. Gala, PE Civil No. 36434; Date: 3/18/2022; — "Engineering Drainage Calculations for 33 Freemont Street"; Prepared by: Gala Simon Associates, Inc.; Stamped and signed by: Alberto M. Gala, PE; Date: 3/21/2022; — "Operation and Maintenance of Drainage Systems & Construction Period Erosion and Sediment Control"; Prepared for the Site Operator: Leah Rochbert; Date: 3/21/2022; The Applicant has requested a continuance to the May 2, 2022 meeting 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 May 2, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:08 PM 21 Hamblen Street: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-5 Applicant: Michael McCormack Property Owner: Project: rear addition and additional roof overhang over existing driveway surface. Portions within the 100-foot buffer zone Documentation Submitted.- - ubmitted:— Request for Determination of Applicability application; Prepared by: Carl Oldenburg, Oldenburg Architecture LLC; Date signed: 3/21/2022; — Photographs of Site; Not dated; — Narrative "21 Hamblen Street Alterations"; Not dated; — Sheet X-101 "Site Plans, Roof Plan"; Prepared by: Carl Oldenburg, RA, and Scott Lynch, PLS; Date: 3/28/2022; Mr. Carl Oldenburg,project architect,presented to the Commission. Questions and Comments from the Commission: — Is there a plan for where the materials will be staged? Want a Condition that the materials be staged in the backyard outside the 100-foot buffer zone. — Are there any concerns for flooding in the basement? Responses from the Representative: — Will confirm with the contractor but the materials should be staged in the backyard. This can also be confirmed during the pre-construction meeting. — Expensive to infiltrate in a subsurface system and the groundwater is high. Will pump water to the crushed stone underneath the deck. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to issue a Negative Determination with conditions. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:23 PM Continued Public Meetin2s/Hearin2s 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 Supplemental Documentation: — Response to Town Engineering Comments; From: Stamski & McNary, Inc.; Date: 4/7/2022; — "Wetland Permitting Plan"; Prepared by: Stamski & McNary, Inc.; Stamped and signed by: George Dimakarakos, PE; Date: 12/3/2021 and revised 4/7/2022; — "Stormwater Management Report"; Prepared by: Stamski & McNary, Inc.; Stamped and signed by: George Dimakarakos, PE; Date: 12/3/2021 and revised 4/7/2022; — Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 45 Fouler Ave Engineering Comments 2; Date: 4/13/2022; Mr. Robert Melvin, Stamski & McNary, Inc.,presented to the Commission. Mr. Melvin and the property owners met on site with representatives from the Town of Lexington and the Town of Arlington. It was decided between the three parties that the entirety of the area between the property line and the stone wall will be designated as a"no mow" area and that FENO bounds will be placed along the property line closest to the retaining wall. Favorable comments were received from Lexington Engineering. The applicant is proposing a 2:1 ratio restoration area along the stone retaining wall. Part of this restoration area is owned by the Town of Arlington and Ms. Mullins confirmed that the Town of Arlington supports this proposal. Questions and Comments from the Commission: — Where are the FENO bounds being proposed? The FENO bounds should be located along the driveway and at the turning point of the property line from the front to the back of the property line. They should be placed every 25 feet and adjusted as needed. — What will happen if this area is overtaken by invasive species? Responses from the Representative: — The FENO bounds are not shown on the site plan. The notes section on the site plan indicates that the bounds will be placed along the property boundary to designate the no- mowing area. — Any invasive growth on the property of 45 Fouler can be removed by the property owners. It would be the town of Arlington's responsibility to remove any invasive species on the abutting property. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:34 PM 475 Bedford Street—Notice of Intent ViewPoint Cloud Permit# CNOI-22-6, DEP#201-1256 Applicant/Property Owner: Ed Nardi, Cresset Lexington LLC Project: redevelopment of an existing sports and tennis club building with a 4-story lab/R&D facility with pedestrian access, outer amenity space, and a parking garage within a Bordering Vegetated Wetland, two Isolated Vegetated Wetlands, the 100-foot buffer zone to Bordering Vegetated Wetlands, and the 100-foot buffer zone to Isolated Vegetated Wetlands Previous Meeting Date: 312112022 *Applicant has requested a continuance to an unspecified date (meaning a new hearing will be advertised and abutters notified as required when hearing reopened) 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 an unspecified date at the request of the applicant. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:35 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 Previous Meeting Date: 41412022 Supplemental Documentation: — Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 5 Meadowbrook Ave AOOC Engineering Comments 2; Date: 4/7/2022; Mr. Rich Kirby, LEC Environmental,presented to the Commission. A favorable engineering report has been provided by Lexington Engineering. On a motion by Mr. Bitsko and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:40 PM On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 5-0 by roll call vote to approve the amendment to the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:41 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 Previous Meeting Date: 4/4/2022 Supplemental Documentation: — Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 1575 Massachusetts Ave RDA Comments; Date: 4/13/2022; The Applicant has requested a continuance to the May 2, 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 May 2, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:41 PM Lincoln Street Right of Way—Notice of Intent ViewPoint Cloud Permit# CN0I-22-7, DEP#201-1258 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 Previous Meeting Date: 4/4/2022 Supplemental Documentation: — Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 0 Lincoln Street RDA Comment 2; Date: 4/14/2022; — Revised Sidewalk Plans Sheet 3 and 4, Date: 3/14/2022; — Waiver Request Letter, Date: 4/13/2022 Mr. Davren Chartier, CHA, and Mr. Ross Morrow, Lexington Engineering,presented to the Commission. The applicant has submitted a request for waiver of the Lexington Conservation Commission Performance Standard 5(2) for increase in runoff. The Commission supports the waiver request and the reasons provided for not meeting the performance standards. Ms. Samuels asked if the location of the entrance to Idylwilde Community Garden had been adjusted, as discussed at the previous meeting. Mr. Morrow responded that the driveway will be relocated so it is more perpendicular to the road and slightly closer to the existing driveway opening. Ms. Dohan asked if a decision was made on the large tree located near the entrance to Idylwilde Community Garden. Mr. Morrow responded that the Lexington Tree Warden deemed the tree a hazard and it is proposed to be taken down. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:47 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 Previous Meeting Date: 4/4/2022 Supplemental Documentation: - Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 10 Maguire RDA Comments; Date: 4/13/2022; - Memo and attachments; "Response to Engineering Comments for Conservation RDA"; From: David Robinson, Allen &Major Associates, Inc.; To: Lexington Conservation Commission; Date: 4/19/2022; 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 May 2, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:49 PM 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. Previous Meeting Date: 4/4/2022 The Applicant has requested a continuance to the May 2, 2022 meeting On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to continue the hearing to the May 2, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:50 PM New Business/Pendine Matters, Continued Issue Order of Conditions: 9 Philip Road (Bowman School), ViewPoint Cloud Permit# CNOI- 22-5, DEN 201-1254 On a motion by Ms. Dohan 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: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:51 PM Request for Partial Certificate of Compliance: 81 Westview Street, ViewPoint Cloud Permit# COC-21-33, DEP4201-1080, BL# 1037 (second partial Certificate request) On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to issue the Partial Certificate of Compliance. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:52 PM Request for Partial Certificate of Compliance: 3 Meadow Brook Avenue, ViewPoint Cloud Permit# COC-22-2, DEP4201-1208, CNOI-21-2 The site is not in compliance. Request for Partial Certificate of Compliance: 5 Meadow Brook Avenue, ViewPoint Cloud Permit# COC-22-3, DEP4201-1209, CNOI-21-3 The site is not in compliance. Schedule site visits for 5/2/2022 meeting The site visits will take place on Thursday, April 28, 2022 at 6:00 PM. Approve Minutes: 4/4/2022 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 April 4, 2022 meeting. Record of vote as follows: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:59 PM Virtual Meetings Update from Town Manager The Commission discussed that Conservation Commission meetings will be held virtually until July 15, 2022 and can expect meetings to return to in-person after that date. Any further updates will be provided by the Town Manager's Office. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working Group Chairman Hamilton informed the Commission that the town is trying to determine a staging area for when the new high school is built, and that 41 Worthen Road is being considered. This lot would need to be clear-cut if selected for such use. Mr. Hamilton was approached and asked if the Conservation Commission would accept the parcel as Conservation Land if it was offered. Members of the Commission expressed interest in the lot if it could be permanently protected after the high school construction is completed. This would involve a transfer of the parcel from School to Conservation. Ms. Samuels provided an update on the Dunback Meadow work day, as part of the Stewardship Saturday program, that took place on April 23, 2022. She said that there were about 20 volunteers who helped clean up the old community garden site. 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: Duke Bitsko—Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:27 PM Respectfully Submitted, Meghan McNamara Department Assistant— Conservation Approved: 5/16/2022 Archived: 5/31/2022