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Home My WebLink About2022-05-02-Concom-min RECEIVED o.as rAORA/,N 022 01 J u in, ^ puI m o-� O TOWN CLERK o Q LEXINGTON MA PUBLIC MEETING MINUTES a� Meering broadcasted by LexMedia Conservation Commission APRILK- LEXIN AGENDA Monday, May 2, 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, Duke Bitsko, Alex Dohan, Philip Hamilton, Ruth Ladd and Holly Samuels 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 3 Solomon Pierce Rd: Informal discussion request by owner regarding the invasive species management and native planting compliance per Order of Conditions DEP4201-782, BL4742 The property owner has withdrawn the informal meeting request for this evening based on a site visit with the Conservation Commission. LEC Environmental will develop a revised native planting plan and submit for staff review and input and approval for implementing the next round of replanting at the site. Request for Partial and Full Certificates of Compliance: 44 Hartwell Avenue, ViewPoint Cloud Permit# COC-22-8, DEP4201-903, BL-863 (Full) Ms. Mullins stated that this site is not in compliance and additional follow up is necessary before a recommendation can be made to the Conservation Commission. Vote to Issue Order of Conditions: 45 Fouler Avenue, VPC# CNOI-21-46, DEP4201-1250 On a motion by Ms. Samuels 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: Duke Bitsko—Aye Kevin Beuuell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:38 PM Vote to Issue Order of Conditions: Lincoln Street ROW, VPC# CNOI-22-7, DEP4201-1258 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:40 PM Conservation Commission Vice-Chair apointment to replace David Langseth Mr. Bitsko and Ms. Samuels nominated Ruth Ladd as Vice-Chair of the Conservation Commission. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to close the nominations. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:40 PM On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to elect Ruth Ladd as the Vice-Chair of the Conservation Commission. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:41 PM Request from Housing Partnership Board for a Conservation Commission Liaison Ms. Mullins stated that this liaison would be communicating the Commission's interests in properties as they become available in town. The Conservation Commission and the Housing Partnership Board could coordinate on properties of interest to both parties. Ms. Ladd stated that she is interested in the liaison position. Appoint a Community Preservation Act Committee member for remainder of the term vacated by David Lan_gseth No Commission member volunteered at the meeting. Mr. Hamilton requests that if a member of the Commission would like to volunteer for the position that they follow up with him after the meeting. Schedule site visits for 5/16/2022 Agenda The site visits will take place on Tuesday, May 10, 2022 at 5:30 PM Approve Minutes: 4/25/2022 meeting The 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 g Group Ms. Mullins reminded the Commission about the joint meeting with the Conservation Stewards that will be held on May 23, 2022 at 7:00 PM. Ms. Dohan provided an update on the City Nature Challenge that took place across Lexington between April 29, 2022 and May 2, 2022. The event collected 630 observations, documenting 259 species with 47 people participating. 7:00 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: to 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; Mr. Richard Kirby, LEC Environmental, and Mr. Al Gala, Project Engineer,presented to the Commission. The property owner, Ms. Leah Rochbert, was also present. Mr. Kirby stated that the wetland delineation flags were modified based on the site visit held with the Commission and the change is reflected on the updated site plan. The revision to the wetland flagging now places 7 square feet of the proposed addition within the 50-foot no-build zone. Also, Mr. Kirby stated that it is unclear if the three trees to the rear of the property would survive the construction of the infiltration system and retaining wall and are proposed to be removed. To mitigate the removal of three trees and the 7 square feet of addition within the 50-foot zone, the applicant is proposing 1,000 square feet of buffer zone enhancement on the abutting town-owned property. Questions and Comments from the Commission: — What type and in what condition are the three trees proposed to be removed in the rear of the property? What type of construction traffic will be over the root area of these trees? Not comfortable with the removal of trees on town-owned property for this proposal. — Have you looked at the condition of the existing infiltration system? Does it need a steel plate over the top during construction? Need to make sure that the system is functioning properly. — The area drain in the driveway looks like it's along a slope. Is there any reshaping of the driveway needed to allow runoff to enter into the drain? — Why is the infiltration system in the rear smaller than what was originally proposed? — The amount and type of mitigation being proposed off site does not mitigate the removal of three large, healthy trees and I would rather have a few saplings and small shrubs planted. Would like to see a more robust planting plan to guarantee the survival rate. — There is a trail behind this property. Was that considered? — This proposal does not satisfy the 50-foot waiver requirements. The applicant could redesign the structure so that it does not encroach into the 50-foot buffer. The proposed buffer zone enhancement plantings do not provide enough mitigation. — Could the size of the patio be reduced and the rear infiltration system be slid over to eliminate two of the trees being taken down? Responses from the Representative: — Two of the trees are maple (red maple and an unconfirmed silver maple), and the third is an eastern white pine. Two of the trees are leaning towards the house. The applicant is concerned that the construction of the infiltration system will cause enough damage to the tree roots that they will falter and fall onto the house over the next few years. No significant damage of the trees was witnessed, and no hollowing of tree trunks or significant dead branches. — Have not inspected the existing infiltration system but the understanding is that it works fine and collects the driveway runoff from a small inlet at the bottom of the driveway, and also a couple of downspouts from the existing roof. — There is a berm at the end of the driveway that helps water back into the area drain. — The drainage area was reevaluated and we are able to release a part of the addition roof without it being infiltrated. The system performs as it was originally intended and we are able to maintain a greater distance from one of the trees. The number of chambers is reduced from 3 to 2, and allows for that portion of the roof to have a downspout and splashpad. — The trail is on the opposite side of the wetland so all of the proposed planting area is between the stone retaining wall and the wetland. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the May 16, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:32 PM "0" Bow Street (Jerry Cataldo Reservation): Notice of Intent ViewPoint Cloud Permit# CN0I-22-9, DEP#201-#### Applicant: Holly Samuels, Lexington Conservation Stewards (Ms. Samuels recused herself from the Commission's discussion and vote on this application.) Property Owner: Town of Lexington Project: construction of a boardwalk along the existing Jerry Cataldo conservation trail (and part of Route "C" ACROSS Lexington Trail System)within the 200-foot Riverfront Area, Bordering Land Subject to Flooding, Bordering Vegetated Wetlands and the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: — WPA Form 3 Notice of Intent Application; Prepared by: Holly Samuels, Lexington Conservation Stewards; Date: 4/12/2022; — Attachment A—Notice of Intent Narrative; Prepared by: Holly Samuels; Not dated; — Misc. Maps and attachments; Ms. Holly Samuels, Lexington Conservation Steward, and Mr. Jackson Monks, Eagle Scout Candidate,presented to the Commission an overview of the boardwalk construction project at Jerry Cataldo Reservation. Mr. Monks provided a description of the boardwalk construction and stated that all of the sawing and cutting will be done off site. Questions and Comments from the Commission: — What is the stringer and deck material? — How long will the pressure-treated wood last? — The newer boardwalk at Hayden Woods incorporated a plastic culvert instead of using the sleeper, to allow water to move through as needed. Was that considered for this proj ect? Responses from the Applicant: — The stringer and deck will be pressure treated lumber and the sleeper is recycled plastic. — The pressure-treated wood should last for a long time, but don't have a specific timeframe. — The only part of the boardwalk touching the ground will be the sleepers, so there will be a lot of space between the walking surface and the ground beneath. There is room for water to move in the event of flooding in this area. Ms. Mullins stated that the boardwalks typically last 10 years before the decking needs to be replaced. Mr. Monks stated that he needs to have this project completed before his 18th birthday on June 21 st The Commission is in favor of the project being approved as proposed, however if Mr. Monk finds that the piping is more beneficial and/or cost-efficient, that he does not need to come back to the Commission for further approval. A DEP filing number has not yet been issued for this project. 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 16, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Recused Phil Hamilton—Aye 7:48 PM Continued Public Meetinufflearin2s 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 Supplemental Information: — "Proposed Site Plan" and "Proposed Details"; Prepared by: Metrowest Engineering, Inc.; Stamped and signed by: Robert A. Gemma, PE; Date: 12/13/202 land revised 4/7/2022; — Typical Bridge Assembly Instructions and Materials; Not dated; Mr. Christopher Cantin and Mr. Robert Gemma, Metrowest Engineering, and Ms. Jennifer Gray and Mr. Edwin Hernandez,project applicant, were present during the meeting. Mr. Gemma presented to the Commission the overview of the food bridge construction and trail access. Mr. Gemma stated that the bridge will be constructed with pine pressure-treated wood and assembled in the parking lot. Questions and Comments from the Commission: — How will the footings be hand dug? — Is this a new trail being proposed? — Please make sure to minimize disturbance to the tree canopy if using a crane. — Is anything proposed to prevent mountain bikes through this area? — 8 percent is a relatively steep grade. Is there an opportunity to reduce the slope to mitigate against the amount of erosion over time and sediment entering the brook? Responses from the Representative: — Either with a mechanized auger or two people with a post hole digger. The 18 inches might be a little larger than needed, might only need 12-inch footings. Waiting to get the final detail from the supplier of the structure but if can't hoist over the brook, a"bucket brigade" could be used to fill the sonotubes. — Two segments to connect to an existing trail. Kept the width at 30 inches to make it an exempt activity under the state regulations. — If using a crane, we will make sure to be above the tree canopy. — Only proposing signage to help prevent mountain biking. — 8 percent slope is over the entire 90 feet of path and flattens out quite a bit closer to the brook. Could bring that down with an"S" curve and lengthen the trail to level it out more. The steepest area is the already existing path and the slope closest to the bridge is about 3 to 4 percent over 40 feet. Ms. Mullins stated that, unless the applicant is proposing an easement, that this is not a public trail and is to be used for employees of the property owners. Mr. Gemma agreed and stated that the intent of the trail is for employees to travel between the two properties. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:06 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; — "Response to Comments"; From: Josue Valdez, Fuss and O'Neill; To: Marissa Liggiero, Lexington Engineering; Date: 4/19/2022; — "Stormwater Management Report"; Prepared by: Fuss and O'Neill; Stamped and signed by: Kevin McGarry, PE; Date: 3/11/2022 and revised 4/18/2022; — "Permitting Plans"; Prepared by: Fuss and O'Neill; Stamped and signed by: Kevin McGarry, PE; Date: 3/11/2022 and revised 4/18/2022; The Applicant submitted a continuance request prior to the 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 May 16, 2022 meeting at the applicant's request. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:07 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 and 4/25/2022 and 4/27/2022; - 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; - Memo and attachments; "Response to Engineering Comments for Conservation RDA"; From: Carlton M. Quinn, Allen & Major Associates, Inc.; To: Lexington Conservation Commission; Date: 4/26/2022; On a motion by Mr. Beuttell 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: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:08 PM On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of vote as follows: Duke Bitsko—Aye Kevin Beuttell —Aye Alex Dohan—Aye Ruth Ladd—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:09 PM Respectfully Submitted, Meghan McNamara Department Assistant— Conservation Approved: 5/31/2022 Archived: 6/1/2022