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Home My WebLink About2022-11-07-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, November 7, 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 (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director, Amber Carr, Conservation Coordinator, and Meghan McNamara, Conservation Department Assistant 6:30 PM Presentation by Kyle Zick Landscape Architecture, Inc. (KZLA) on Willard's Woods Land Management Plan; Conservation Commission to provide feedback and allow public comment Ms. Amber Carr, Conservation Coordinator, introduced Ms. Tracy Hudak, Kyle Zick Landscape Architecture, Inc. Ms. Hudak presented an overview of the project, including a status update, possible design options, universal access trail routes, and material cost analyses. The Commission requests a site visit with the consultant and possibly another meeting dedicated entirely to the topic. A proposal will need to be approved at the Spring Town Meeting and decisions will need to be made soon given that timeline. Mr. Bitsko asked if plowing was considered for the parking area. He also asked if the Mill Pond is considered to be a resource area, or if it is primarily used for dogs swimming, as it has been historically. Given the time constraint of the evening’s meeting, the Commission will schedule a site walk with the consultant and possibly another public meeting to allow more time for discussion and public input. Ms. Victoria Buckley, Chair of the Commission on Disability, stated that she has concerns on the proposed 10-foot wide shared-use paths and will discuss with the Bike Committee for further consideration. Information presentation by Recreation Department on Pine Meadows Golf Course drainage proposal Ms. Melissa Battite, Director of Recreation and Community Programs, and Mr. Marc Valenti, Manager of DPW Operations, presented to the Commission. The Conservation Commission has attended previous site visits at Pine Meadows Golf Course to view the two golf holes that are at the lowest lying area of the golf course and have been experiencing wet conditions for over 20 years, according to Ms. Battite. The Department of Recreation and Community Programs has consulted Turf Drainage Company of America “Turf Drain” to design a system that will drop the groundwater in this specific area via a series of inlets and channel connection and pumping systems to discharge at the lowest point of the area. Mr. Valenti added that the proposal involves a holding tank feature, that would discharge into the existing irrigation pond, and recirculate. The flow of water could be controlled with that proposal. Concerns of the Commission include; whether or not the state would have jurisdiction because that would factor into whether the Conservation Commission could waive its performance standards, if approved. Ms. Ladd stated that the project team may have to consult with the Army Corps of Engineers depending on how much and where the water will be discharged to. Mr. Hnatko asked if the pumping rate was known and what the requirements would be to permit such discharges for pumping groundwater, as it may need a NPDES permit. Ms. Samuels asked if the area of concern is a mowed grass area or a habitat area. Ms. Battite responded that the area of the two holes is maintained as a fairway, however in the wettest of conditions the golf course is not able to maintain it. Mr. Bitsko asked if the construction of boardwalks was a consideration as an alternative. 7:47 PM New Public Meetings/Hearings Notice of Intent (Lexington bylaw only): 95 Hayden Avenue and 128 Spring Street ViewPoint Cloud Permit# CNOI-22-25 Applicant/Property Owner: Hobbs Brook Real Estate LLC Project: drain connection to an existing municipal storm drainage system Documentation Submitted: ⎯ Notice of Intent application and attachments; Prepared by: Scott Turner, Environmental Partners Group, LLC; Date: October 2022; ⎯ Planset “Site Plan Review”; Prepared by: Margulies Perruzzi and Environmental Partners; Date: September 2022; ⎯ Stormwater Report; Prepared by: Environmental Partners; Stamped and signed by: Scott D. Turner, PE Civil No. 41775; Date: July 2022; ⎯ Stormwater Permit Application; Prepared by: Environmental Partners; Stamped and signed by: Scott D. Turner, PE; Date: July 2022; ⎯ Draft Stormwater Pollution Prevention Plan (SWPPP); Prepared by: Environmental Partners; Date: July 2022; ⎯ Report “Subsurface Conditions and Geotechnical Data”; Prepared by: Haley & Aldrich, Inc.; Date: May 2022; ⎯ Report “Geotechnical Design Investigation”; Prepared by: Haley & Aldrich, Inc.; Date: March 2013; Mr. Scott Turner, Environmental Partners, presented. Mr. Turner stated that the applicant is requesting a waiver of the bylaw performance standard Section 5(2), for a minor increase in the 1-year storm runoff volume stormwater discharge (3 percent). Two large office buildings are being proposed on this site outside the 100-foot buffer zone to wetlands, with the exception of a trail connection system that was previously approved through a Negative Determination. Questions and Comments from the Commission: ⎯ Why can’t the performance standard be met? There are a lot of subsurface systems being proposed, is it just not enough to meet the 1-year volume requirement? Can additional storage be applied to the north side of the site? Responses from the Representative: ⎯ There are two systems, one along the northern side and one on the southern side of the site. There is a lot of ledge on the southern side and the soils are not appropriate for infiltrating in that area. They will be able to meet the peak flow requirement, but overall the volume has a slight increase, and is the reason for the waiver request. Providing extra capacity wouldn’t help to meet the performance standards of the Commission. Ms. Mullins stated that the current stormwater system couldn’t be enlarged to meet the performance standards in 2009. The Conservation Restriction is being expanded on the property and also the trail easement in order to make the connection from Hayden Woods Conservation Area through the Conservation Restriction. Also, the trail is being expanded to meet Spring Street to cross over the trail to the Takeda property. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:15 PM Continued Public Meetings/Hearings Notice of Intent: 94 Grove Street ViewPoint Cloud Permit# CNOI-22-23, DEP#201-1273 Applicant/Property Owner: Eugene Uzogara Project: addition to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 10/17/2022 Supplemental Documentation Submitted: ⎯ Stormwater Management Report; Revised: 10/20/2022; ⎯ Permit Site Plan; Revised: 10/20/2022; ⎯ Proposed Construction Plot Plan; Date: 10/17/2022; ⎯ Response Letter; Date: 10/20/2022; ⎯ Town Engineering Comments; Subject: 94 Grove Street NOI Comments 2; Date: 11/1/2022; ⎯ Response to Engineering Comments; From: Brian Geaudreau, Hancock Associates; Date: 11/1/2022; Mr. Russell Tedford, Hancock Associates, presented the revised plan to the Commission. Mr. Tedford stated that FENO bounds were added along the property line since the 25-foot “do not disturb” buffer line does not extend onto the property. The property owner was unknowingly continuously mowing an area off property, as were the previous owners. The property owner will cease mowing of this off-property area and allow the area to regrow naturally, with no restoration plans presented. Ms. Dohan stated that the mowed area off-property is a mix of native and invasive species and Mr. Tedford responded that the applicant would be open to providing restorative plantings in this area at the request of the Commission. Mr. Beuttell requested additional tree protection for the trees within and immediately around the limit-of-work line. Mr. Hamilton asked for a planting plan for the area of encroachment off property. Ms. Mullins stated that the plans show a walkout basement and asked if there was a plan on the exterior of the door. Mr. Tedford responded that the applicant is aware that any changes, such as the addition of a patio, would require a plan change modification or amendment to the Order of Conditions. The exterior area beyond the walkout basement will be lawn grass until such a request is made in the future. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the November 21, 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:30 PM 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: ⎯ Stormwater Calculations; Prepared by: Everett M Brooks Company; Date revised: 10/13/2022 ⎯ Plans; Sheet 1 and 2 of 2; Prepared by: Everett M Brooks Company; Date revised: 10/14/2022; ⎯ Soil Logs; Date: 11/4/2021; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; Date: 11/1/2022; Mr. Mark Arnold, Goddard Consulting LLC, presented the site plan revisions to the Commission. Questions and Comments from the Commission: ⎯ Is there any buffer zone mitigation being proposed? ⎯ Can you substitute willow for some of the shrubs to provide more pollinator support? Responses from the Representative: ⎯ The applicant is willing to propose some buffer zone mitigation. Shrub plantings along the back side of the stream area are shown on the plan to provide a vegetative hedge to the drainage ditch. A seed mix is also proposed to provide a border to the wetland area. ⎯ Request that the Commission add a Condition for specific species replacement. Ms. Mullins asked for clarification on the proposed plant restoration area because the Restoration Planting Plan only shows 16 shrubs being planted in the northeast corner of the site. The Commission will Condition that additional plantings and a woody seed mix be placed along the 10-foot wide restoration area from the wetland line. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:41 PM New Business/Pending Matters 20 Ingleside Road; project engineer to present stormwater calculations showing the capture capacity of the existing trench drain on site Mr. Christopher Broyles, project engineer with Meridian Associates, presented the Commission with a supplemental stormwater analysis and calculations showing that stormwater runoff from the existing driveway generated by a 100-year storm event will be fully captured within the existing trench drain at the bottom of the driveway. The Commission did not have any questions or concerns. The contractor will install the cobblestone edging as previously approved by the Commission and request the partial certificate of compliance after that. 8:44 PM Conservation Plan Modification/Insignificant Plan Change: 15 Banks Avenue, ViewPoint Cloud Permit# CPM-22-20, DEP#201-1247, CNOI-21-43 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:47 PM Request for Certificate of Compliance: 7 Volunteer Way, ViewPoint Cloud Permit# COC-22-21, DEP#201-1179, CNOI-20-8 On a motion by Ms. Samuels and seconded by Ms. Ladd, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:55 PM Request for Certificate of Compliance: 1010 Waltham Street (Brookhaven), ViewPoint Cloud Permit# COC-22-23, DEP#201-1066, BL# 1023 Mr. Jim Borrebach, OHI Engineering, was present. Members of the Commission noted that the erosion control is still in place on site and that it is the non-biodegradable type. Mr. Borrebach responded that the erosion control was kept in place to prevent any issues while invasive species removal was taking place, but will cut and remove the outer tubing so that it can remain in place. On a motion by Mr. Beuttell and seconded by Ms. Ladd, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:50 PM Request for Certificate of Compliance:1060 Waltham Street, ViewPoint Cloud Permit# COC-22- 24, CNOI-21-14 (bylaw only) On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:56 PM Request for Certificate of Compliance: 207 East Street, ViewPoint Cloud Permit # COC-22-19, CNOI-22-23 (bylaw only) On a motion by Ms. Ladd and seconded by Ms. Samuels, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:53 PM Request for Certificate of Compliance: 207 East Street, ViewPoint Cloud Permit# COC-20-30, BL-903, 201-945 On a motion by Ms. Ladd and seconded by Mr. Beuttell, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:54 PM Request for Certificate of Compliance: 21 Revere Street, ViewPoint Cloud Permit# COC-20-32, DEP#201-1151, BL# 1107 On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:52 PM Request for Certificate of Compliance: 17 Banks Avenue, ViewPoint Cloud Permit# COC-21-1, DEP#201-1107, BL# 1065 Ms. Mullins stated that she performed a site visit prior to the meeting and confirmed that the site is not in compliance and that the property owner will need to remove the lawn grass and plant the native seed mix as required per the Order of Conditions. Request for Certificate of Compliance: 1050 Waltham Street, ViewPoint Cloud Permit# COC- 22-26, DEP#201-1189, CNOI-20-19 (Partial) Staff only had enough time for a preliminary review of this request and are not able to make a recommendation to the Commission at this time. The applicant is requesting the Certificate of Occupancy and Ms. Mullins informed the Commission that she will release Conservation sign off on the CO with the understanding that the restoration plantings are still required along the northerly side of the site. Restorative Action Plan: 101 Hartwell Avenue water main break Ms. Mullins informed the Commission that there was a water main break at 101 Hartwell Avenue on the previous Friday evening. Ms. Mullins met the contractor on site and witnessed a sediment build up in the wetland area. A vac truck was able to remove as much sediment as possible and the contractor will stabilize the area with a wetland seed mix. Staff will revisit the site in the Spring to further evaluate. Schedule site visits: 11/21/2022 meeting The site visits will take place on Saturday, November 19, 2022 at 9:00 AM Approve Minutes: 9/22/2022 and 10/17/2022 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Minutes of the September, 22, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 9:09 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the Minutes of the October 17, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 9:10 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 Ms. Mullins stated that the Recreation Committee is hosting a public meeting to gather feedback on proposed improvements to the Justin Street playground on November 9, 2022. She encouraged members of the Commission to attend since this property is owned by the Conservation Commission and does contain wetlands. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 7-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 9:20 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 11/21/2022 Archived: 11/22/2022