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Home My WebLink About2022-08-08-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, August 8, 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: Ruth Ladd (acting Chair), Kevin Beuttell, Duke Bitsko, Alex Dohan, Jason Hnatko and Holly Samuels (not present: Philip Hamilton, Chairman) Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modifications/Insignificant Plan Changes: 17 Augustus Road, ViewPoint Cloud Permit# CPM-22-12, DEP#201-1218, CNOI-21-12 This will be postponed to the next meeting at the applicant’s request. The recently constructed deck is not in compliance with the zoning setbacks and the applicant is preparing a solution. Conservation Plan Modification/Insignificant Plan Change: 18 Peacock Farm Road, ViewPoint Cloud Permit# CPM-22-10, DEP#201-1222, CNOI-21-16 This will be postponed to the next meeting. The applicant will need to provide engineering calculations confirming the amount of impervious surface being proposed on the site compared to what was originally approved in the Order of Conditions. 7 Tufts Rd Enforcement Update: Review and approve Corrective Wetland and Buffer Zone Restoration Plan A representative was not present during the meeting. This will be postponed to a future meeting date. 20 Cooke Rd Order of Conditions Compliance Enforcement Update: Review and approve Corrective Wetland and Buffer Zone Restoration Plan (DEP#201-1089, BL-1089) Mr. Brian Lau, Contractor and Mr. Chengwei Su, Property Owner, presented to the Commission. Mr. Lau presented a proposed restoration plan dated 8/8/2022 to the Commission and added that the property owner wants to extend the patio by two additional feet. Mr. Hnatko stated that the mulch placed within the restoration area along Cooke Road should be removed and a native seed mix be put in. He added that this area should be more of a natural barrier than the landscaped lawn that is being proposed. Ms. Samuels stated that it would be her preference to see a mowed path between the house and the restoration area so that the planting area looks intentional. Ms. Mullins stated that the Order of Conditions requires the FENO bounds to be installed along the previous “do not disturb” buffers that are being restored. Mr. Lau stated that the total number of FENO bounds on the site will be fifteen. The Commission requests an updated site plan showing the exact location of the patio extension, paver patio spacing details, retaining wall, and FENO bounds. The Commission will condition that the land surveyor stakes out the location of the proposed retaining wall so that construction can begin. 7:00 PM New Public Meetings/Hearings 10 Maguire: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-24 Applicant: Bill Jenkins c/o Thermo Fisher Scientific Property Owner: SRE Flag LLC Project: construct a 12’ x 14’6” concrete pad to hold a nitrogen tank within the 100-foot buffer zone to Floodplain (local code) Documentation Submitted: - Sheet V-101 “Existing Conditions”, Sheet V-102 “Existing Conditions”, Sheet SKC-101 “Site Plan”, DWG STA-GEN-007 “Microbulk System Delivery Guidelines and Turning Radius”, DWG STA-GEN-003 “Distance Exposures-Cryogenic Systems”, DWG STF- DET-01 “Standard Bollard, Fence and Joint Details”, and DWG STF-MB-003 “Standard Foundation Reference.”; Prepared by: Allen & Major Associates, Inc.; Date: 9/1/2021 and revised through 7/19/2022; - WPA Form 1 Request for Determination of Applicability application; Prepared by: Jacqui Trainer, Allen & Major Associates, Inc.; Prepared for: Bill Jenkins, Thermo Fisher Scientific; Date signed: 7/14/2022; Mr. David Robinson, Allen & Major, presented to the Commission. Questions and Comments from the Commission: ⎯ Is the concrete pad pitched towards the trench and, if so, what is the pitch? ⎯ Is there a town engineering review for this new impervious surface? ⎯ Will there be a minor slope towards the stone trench to allow for drainage? Responses from the Representative: ⎯ There is a two-foot wide stone trench to offset the new impervious surface. There is a very slight pitch about half a percent towards the trench ⎯ There are no town engineering comments; however, the trench is slightly oversized compared to other similarly approved projects. On a motion by Mr. Hnatko and seconded by Mr. Beuttell, 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 Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 7:22 PM 58 Ledgelawn Avenue: Notice of Intent ViewPoint Cloud Permit# CNOI-22-17, DEP#201-1264 Applicant/Property Owner: Bin Yang Project: raze and rebuild a single-family dwelling with associated site appurtenances within the 200-foot Riverfront Area, specifically the outer portion of ‘Previously Developed’ Riverfront Area. Documentation Submitted: ⎯ Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: Julia Hoogeboom and Richard Kirby, LEC Environmental Consultants, Inc.; Date: 7/19/2022; ⎯ Sheet 1 of 1 “Site Plan”; Prepared for: CJM Builders, Inc.; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Date: 7/14/2022; ⎯ Stormwater Analysis; Prepared, stamped and signed by: Frederick W. Russell, PE; Date: 7/14/2022; Stormwater Operation & Maintenance Plan; Prepared for the Party Responsible for Maintenance until Transfer, Applicant/Owner: CJM Builders, Inc.; Ms. Julia Hoogeboom, LEC Environmental, presented to the Commission. Ms. Hoogeboom stated that the site plan was revised based on comments made at the Commission’s site visit, including the limit of work line being tightened on the site and pulled away from the property line in some areas. Favorable town engineering comments were received by the applicant. The Commission did not have any concerns with the plan as presented and staff will confirm the limit of work line at the pre-construction meeting. 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 Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 7:35 PM Continued Public Meetings/Hearings 48 Allen Street: Notice of Intent ViewPoint Cloud Permit# CNOI-22-13, DEP#201-1262 Applicant/Property Owner: Arlen Avakian Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone to Bank of an intermittent stream Previous Meeting Date: 6/27/2022 Supplemental Documentation Submitted: None Note: Applicant has requested a continuance to the meeting of 8/22/2022 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 August 22, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 7:36 PM Notice of Intent: 501 Marrett Road ViewPoint Cloud Permit# CNOI-22-15 Applicant/Property Owner: Town of Lexington Project: construct a new 20’x26’ bathhouse with accompanying utilities. Install a 20’x20’ beach canopy. Remove existing ADA matting, install proposed path and proposed ADA matting. Portions of which are within Inland Bank, Bordering Vegetated Wetlands, 100-foot buffer to Bordering Vegetated Wetlands, and Land Under Water Bodies and Waterways Previous Meeting Date: 7/25/2022 Supplemental Documentation Submitted: ⎯ Conservation Commission Response Letter; 8/3/2022 ⎯ Stormwater Memo and Report; Revised 8/3/2022 ⎯ Plan Set; Revised (1) 8/4/2022 Mr. Brian Geaudreau, Hancock Associates, presented the proposed revisions to the Commission. Mr. Geaudreau stated that the beach canopy was moved to the opposite side of the ADA matting to protect the existing tree within the fence line, the proposed bathhouse was relocated onto the beach area, the proposed infiltration system was relocated, and the limit of work was tightened to limit site disturbance and protect existing trees. Mr. Geaudreau added that the parking lot construction isn’t part of the bathhouse construction and will be developed separately, however the grading will be done under this proposal so if the parking area is approved during the bathhouse construction then it will be ready to be constructed. Questions and Comments from the Commission: ⎯ There are a number of large trees that still need to be removed for this proposal. The site grading indicated additional tree removal that is not specifically called out. ⎯ It makes more sense to keep the bathhouse on the beach where it is already disturbed to try and preserve as much of the woods that has more potential to be a natural habitat. ⎯ Does the relocation of the bathhouse to the beach reduce the amount of work necessary and/or cost to the town? ⎯ Does the configuration of the proposed matting have to be angular? The matting is perpendicular to the water but if you relocated the mats parallel to the front of the building and continued to the left, it seems like the same amount of slope could be acquired rather than having to bring in fill. Responses from the Representative: ⎯ All of the trees proposed to be cut, with the exception of one at the corner of the gravel driveway, are identified on the site plan. These trees fall outside the 100-foot buffer zone but will still take them into consideration. ⎯ The relocation would still require the same amount of work and perhaps a slight reduction in cost but not a tremendous amount. ⎯ Will have to fill regardless of the matting configuration. Need a less steep slope for meeting ADA requirements. The configuration does not have to be exactly as shown on the plan, but the contouring will take place regardless of the placement. Ms. Mullins stated that the Commission’s comments contradict what they stated in the previous meeting about constructing the bathhouse closer to the resource area. She added that the matting takes up an entire beach area and the Recreation Department has programming at this location that the Commission should consider. Mr. Mike Cronin, Director of Lexington Facilities, stated that the project team located the bathhouse outside of the 25-foot buffer zone so as not to disturb the resource area in close proximity. On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the August 22, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:03 PM Notice of Intent: 42 Winthrop Road ViewPoint Cloud Permit# CNOI-22-16, DEP#201-1265 Applicant/Property Owner: Shigemi and Masazumi Nagai Project: raze and rebuild of a single-family dwelling within the 200-foot Riverfront Area Previous Meeting Date: 7/25/2022 Supplemental Documentation Submitted: ⎯ Conservation Commission Response Letter; 8/1/2022 ⎯ Stormwater Report; Revised 8/1/2022 ⎯ Drainage Maps; Revised 8/1/2022 ⎯ Stormwater Management Plan; Revised 8/1/2022 Ms. Molly Obendorf, Stamski & McNary, Inc., presented to the Commission. Ms. Obendorf stated that revisions were made to the site plan, including: construction fencing depicting the limit of work line, a label within the area of invasive Japanese knotweed to cut and dab in perpetuity, removal of the level spreader, and the addition of an overflow pipe at the downspout. Ms. Obendorf added that the proposed basement floor was raised to provide two feet of separation from the estimated seasonal high ground water (ESHGW) level. The stormwater calculations were revised to incorporate the change in grading and increased slope of the driveway. Town engineering comments were not available at the time of the meeting. Questions and Comments from the Commission: ⎯ Add spot grades on the downstream side of the trench drain to the site plan. ⎯ Need confirmation from Zoning that the basement floor elevation being raised meets regulations for average natural grade and maximum height/number of stories allowed. ⎯ The Commission won’t approve the Japanese knotweed management “in perpetuity” as stated on the revised plan, but can approve a 5-year maintenance in the Order of Conditions. On a motion by Ms. Samuels and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to the August 22, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:11 PM New Business/Pending Matters, Continued Request to extend the Order of Conditions: 21 Barberry Road “Five Fields Pond”, ViewPoint Cloud Permit# EXTO-22-3, DEP#201-708, BL# 665 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve a 1-year extension to the Order of Conditions. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:13 PM Request for Certificate of Compliance: 279 Concord Avenue, VPC# COC-22-14, DEP#201- 1233, CNOI-21-28 (Full) On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue a Complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:14 PM 20 Ingleside Road, VPC# COC-22-17, DEP#201-1206, CNOI-20-35 (Partial) Staff has requested an updated as-built from the applicant to incorporate elevations for the subsurface infiltration system per the Order of Condition requirements for a Certificate of Compliance. 25 Middleby Road, VPC# COC-20-10, DEP# 201-1165, BL-1220 (Full) Ms. Mullins stated that additional time is needed prior to making a recommendation to the Commission. The Commission is requesting that the representative, LEC Environmental Consultants, identify which species survived in the restoration report, in addition to the percentage of survived species after planting. Issue Order of Conditions: 20 Woodpark Circle, VPC# CNOI-22-14, DEP#201-1263 On a motion by Ms. Samuels 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 Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:19 PM LUPA 90; 8/2 Conservation Site Visit follow up on request to host a turkey trot race at Whipple Hill on 11/12/22 (a Saturday) and estimate 120 people in attendance The Commission met on site to review the permit request and trails specified for the race, noting areas with significant erosion control. Ms. Amber Carr, Conservation Coordinator, is communicating with the applicant and there are no further updates at this time. Renew Waltham Street and Hayden Woods Agricultural License Agreement with Denis Busa for 2022-2023 calendar year On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Waltham Street and Hayden Woods Agricultural License Agreement with Denis Busa for the 2022 and 2023 calendar years. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:21 PM Vote on Policy for Memorials in Conservation Land On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the Policy for Memorials in Conservation Land as revised during the last meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:24 PM Schedule site visits for 8/22/2022 meeting: 443 Mass Ave (NOI) and 46 Turning Mill Rd The site visits will take place on Tuesday, August 16, 2022 at 5:30 PM Approve Minutes: 7/25/2022 The 7/25/22 Minutes are not ready and will be approved at the next scheduled 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 None On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Holly Samuels – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:30 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 9/6/2022 Archived: 9/7/2022