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HomeMy WebLinkAbout2023-02-06-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, February 6, 2023, 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 (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels (not present: Duke Bitsko) Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation Department Assistant 6:33 PM New Business/Pending Matters Presentation by Activitas on Open Space and Recreation Plan update and vote on letter of support Ms. Megan Buczynski and Ms. Olivia Messenger, Activitas, presented an overview of the eight goals established in the Open Space and Recreation Plan. The Commission did not have any questions. Minor edits and revisions will be emailed to Activitas for updating. A letter of support will be drafted and presented at the next meeting for the Commission to vote on, to accompany the final plan when submitted to the State. 6:44 PM Conservation Plan Modification/Insignificant Plan Change: 9 Philip Road (Bowman Elementary School), VPC # CPM-23-2, DEP#201-1254, CNOI-22-5 Mr. Drew Vardakis, WSP (formerly Wood PLC), presented the plan change request to the Commission on behalf of Ameresco. The request is due to Eversource’s need to upgrade the school’s utility transformer as part of an ongoing battery project, and will require removal and replacement of the existing equipment pad underneath the existing transformer. Ms. Vardakis added that the project team hopes to complete this work over April vacation since the power will need to be out for a few days. Ms. Mullins stated that this proposal creates the least amount of disturbance and the alternative would bring the work closer to the wetlands. The new pad is precast and will be placed on the ground, then gravel will be placed around the pad to capture the minimal runoff, according to Mr. Vardakis. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:50 PM Conservation Plan Modification/Insignificant Plan Change: 127 North Street, VPC# CPM-23-1, DEP#201-1137, BL# 1094 Mr. Rich Kirby, LEC Environmental Consultants, and Mr. Al Gala, Gala Simon Associates, presented the plan change request to install a pervious walkway from the driveway to the front entrance of the house. The applicant is also in the process of requesting the Certificate of Compliance; however, the request was removed from the agenda since the site is not in compliance with the Order of Conditions, per review by Ms. Mullins. Ms. Mullins stated that, in addition to the pervious walkway being constructed without approval, the adjacent Conservation land “triangle” along North Road was altered during construction, the required fence was not installed along the shared property boundary, and the required native trees (Red Oak and White Pine) were not planted. Mr. Gala confirmed that the compensatory storage area to the west of the dwelling was undersized by volume but compensated for in the area east of the driveway. Ms. Mullins stated that the compensatory storage area to the west of the dwelling should be planted and it is currently just lawn grass. Members of the Commission agreed that the shared property boundary with the Conservation- owned land along North Road should be clearly demarcated. The Order of Conditions required a privacy fence to be installed. Mr. Hamilton stated that he would like to see a boundary that is more substantial, and the fence to be installed as originally permitted. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to only approve the Conservation Plan Modification/Insignificant Plan Change request for the pervious walkway from the driveway to the front entrance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:14 PM New Public Meetings/Hearings Notice of Intent - 611 Massachusetts Avenue ViewPoint Cloud Permit# CNOI-23-2, DEP# 201-1281 Applicant/Property Owner: Jim Wilson, 611 Mass Ave, LLC Project: raze and rebuild a two-family dwelling and associated site appurtenances within the 200- foot Riverfront Area and 100-foot buffer zone to Bank associated with a perennial stream. Documentation Submitted: ⎯ Riverfront Area and Buffer Zone Mitigation Plan; Prepared by: LEC; Rev Date: 1/20/23; ⎯ Notice of Intent Application and attachments; Prepared by: Richard Kirby, LEC; Date: 1/17/2023; ⎯ Engineering Drainage Calculations; Prepared by: Gala Simon Associates; Stamped and signed by: Alberto M. Gala, PE; Date: 9/8/2022 and revised 9/25/2022; ⎯ C-0 and C-1 “Drainage Plan”; Prepared by: Gala Simon Associates; Stamped and signed by: Alberto M. Gala, PE; Date: 9/25/2022; Mr. Rich Kirby, LEC Environmental Consultants, Mr. Al Gala, Gala Simon Associates, and Mr. Colin Smith, Colin Smith Architecture, presented to the Commission. The pre-existing historical dwelling at the site was demolished in September 2022 when, during a permitted interior renovation, the Building Commissioner confirmed the dwelling to be unstable and unable to be salvaged. The applicant is proposing two decks for the two-family dwelling, an infiltration system in the front of the house, 6 parking spaces, relocation of the access driveway to the left of the dwelling, a restoration planting area over the gas easement, and invasive plant management. The planting plan will be revised to incorporate additional areas of invasive plant management as noted during the Commission’s site visit. Mr. Smith stated that the Zoning bylaw requires two parking spaces per dwelling unit, and the applicant is proposing 3 parking spaces per dwelling unit to provide for guest parking, delivery vehicles, and ease of backing out. He added that this section of Massachusetts Avenue is very dangerous and there is no street parking on this side of the road. Questions and Comments from the Commission: ⎯ The pre-existing parking spots were perpendicular to the rear parking line. Why is that design not in the proposed plan, and why does it have to extend so far east on the site into the Riverfront Area? It looks like there is 70 feet from the edge of the parking area to the rear of the house. ⎯ Is it possible to narrow the entrance drive to the left of the driveway to protect the trees along the western property boundary? ⎯ Is there a plan to remove the evergreen on the left side of the house that is not in good shape, and the two dead trees along the rear property boundary? ⎯ Are there any long-term tests about the integrity of materials forming a water barrier? Responses from the Representatives: ⎯ The scale bar is incorrect and the distance from the edge of the parking area to the rear of the house is half of what it appears to be on the plan. The pre-existing parking did not comply with the dimensional regulations for zoning. The required back-up length is 24 feet plus the length of the parking stall. ⎯ Will have to confirm with the fire department what the required width of the driveway entrance has to be. ⎯ Originally proposed a walkway along the right side of the house as a means to bring trash cans to the road; however, with the grade change it was decided to put the trash receptacles in the northwestern most corner of pervious asphalt. They could eliminate the structured pathway. ⎯ The evergreen tree between the house and the proposed driveway is on the property. The dead trees along the rear property boundary are on the boundary. Cannot confirm if the dead trees are on the subject property but will confirm and provide specifications on how they will be handled. Mr. Fred Langenegger, owner of 627 Mass Ave, asked if any trees along the edge of the shared property line will be taken down, what the height of the proposed retaining wall along the rear parking area will be, and how high will the proposed foliage screening of cedar plantings be? Mr. Gala responded that the retaining wall height will be flush where it starts and gradually rise to be 4 feet in height towards the rear parking area. Mr. Kirby responded that the cedar plantings will be installed between the retaining wall and property line, and that a fully native variety can grow between 20-45 feet tall after considerable time and ideal growing conditions. Mr. Kirby added that protections will be in place to protect any existing trees along the shared property boundary during excavation and construction. 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 February 21, 2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:55 PM Amendment to Order of Conditions – Valleyfield, Grassland, and Waltham Street Drainage and Culvert Improvements ViewPoint Cloud Permit# AOOC-23-1, CNOI-21-6, DEP#201-1211 Applicant: Town of Lexington Department of Public Works (DPW) Property Owner: Town of Lexington Project: Woodard & Curran proposes to replace the existing culvert with two 36” reinforced concrete culverts, laid at the same elevation as the existing culvert in place of the approved 3'x5' box culvert. The culvert change is required to avoid conflict with an existing duct bank located during test pitting. Documentation Submitted: ⎯ Request for Amended Order of Conditions and attachments; Prepared by: Denise Cameron, PE, Woodard & Curran, Inc.; Date: 1/10/2023; Ms. Kendra Dow, Woodard and Curran, presented to the Commission on behalf of the Lexington Department of Public Works. Ms. Dow stated that test pits performed in August 2022 confirmed that a concrete electrical duct bank was in conflict with the originally proposed culvert location. To avoid disruption to service and significant cost increases, Ms. Dow stated that Woodard & Curran proposes to replace the existing culvert with two 36” reinforced concrete culverts, laid at the same elevation as the existing culvert to avoid conflict with the duct bank and other site constraints. Approximately 10 square feet of additional disturbance will take place within the wetland resource area due to this change in design, and Woodard & Curran proposes to extend the restoration planting area further downstream to mitigate for the increase in disturbance area. The Commission did not have any questions or comments. 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: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:02 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the amendment to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:03 PM Notice of Intent – Oxbow Road and Constitution Road Drainage Improvements (Phase 2) ViewPoint Cloud Permit# CNOI-23-1, DEP#201-#### Applicant: Town of Lexington Engineering Property Owners: William J. and Barbara A. Fortier (18 Oxbow Road, easement) and Town of Lexington (Right of Ways) Project: construction of a 36” parallel drain pipe from #27 Constitution Road to #25 Oxbow Road. The existing 36-inch drain pipe along the easement on #18 Oxbow Road and up to the easement between #23 and #25 Oxbow Road will be replaced with a 48-inch reinforced concrete pipe. Work will take place within the Inland Bank, 100-foot buffer zone to Bordering Vegetated Wetlands, Land Under Waterbody/Waterway, and the 200-foot Riverfront Area Documentation Submitted: ⎯ Cover Letter; From: Eric A. Kelley, PE, Environmental Partners Group; Date: 1/17/2023; ⎯ Notice of Intent application and attachments; Prepared by: Environmental Partners Group; ⎯ Planset: “Oxbow Road and Constitution Road Drainage Improvements Phase 2”; Prepared by: Environmental Partners; Date: January 2023; ⎯ Stormwater Report; Prepared by: Environmental Partners; Date: 1/17/2023; ⎯ Photograph of site; Not dated; ⎯ Wetland Evaluation/Delineation Report; Prepared by: Brooke Monroe, Pinebrook Consulting; Date: 4/11/2019; Mr. Ryan Paul and Ms. Maria George, Environmental Partners, presented to the Commission on behalf of the Town of Lexington Engineering Department. The Commission did not have any comments or concerns following the presentation. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:12 PM New Business/Pending Matters, Continued Certificate of Compliance: 203 Marrett Road, VPC# COC-23-4, DEP#201-1239, CNOI-21-35 Ms. Mullins stated that spot grades and elevations need to be added to the as-built plan, and documentation was not provided showing what was planted in order for staff to verify if it was native species, as required. Certificate of Compliance: 65 Locust Avenue, VPC# COC-23-6, DEP#201-1267, CNOI-22-19 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Did not vote, lost internet connection Jason Hnatko – Aye Phil Hamilton – Aye 8:15 PM Issue Order of Conditions: 4 Alcott Road, VPC# CNOI-22-32 (bylaw only) On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:16 PM Issue Order of Conditions: 56 Grassland Street, VPC# CNOI-22-31, DEP#201-1279 The Commission will require that, after two years of restoration monitoring if there is non- survivability of any species, that the property owner will have to install additional plantings and monitor for an additional year. On a motion by Ms. Dohan, the Commission voted 6-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:18 PM Provide update on Town of Burlington Planning Board petition and resident concern for new ownership of sand, gravel and concrete batch facility Ms. Mullins stated that residents of Lexington had contacted the Lexington Town Manager's office regarding a Special Permit applied for in Burlington for the EH Perkins Adams Street site. The concern raised by Lexington residents was the proposed change in operations and what impacts that might have on the Town of Lexington and nearby Butterfield Pond, in addition to noise and dust, and the water quality of the pond. The application was necessary due to the change in ownership of the site. Ms. Mullins stated that based on her review, it does not appear that any changes are being proposed to the physical site operations. Mr. Hamilton stated that he would be in favor of sending a letter to the Burlington Planning Board in coordination with the Town Manager's Office, but that if Lexington residents are concerned about monitoring of the site he is not sure what the Town of Burlington can require in this situation. Ms. Deepika Sawhney, Town Meeting Member Precinct 6, asked how one measures compliance of such a site when its effects may span over multiple towns? Ms. Mullins responded that all permitting is through the Town of Burlington, so Lexington has no authority, but that any requests for specific conditions would need to be sent to Burlington. Ms. Mullins added that the site does have water quality permits issued through the state, and that is a mechanism for monitoring, so Lexington could become involved if there was any non-compliance affecting a resource area in Lexington. Mr. Mehul Mehta, an abutter of the subject site, raised concern on the amount of water being drawn from Butterfield Pond for site operations, the amount of dust and chemicals in the air as a result of the operations, and asked what the Lexington residents can do. Ms. Mullins responded that providing comments to the Burlington Planning Board on these items would be the first step. When asked if the Burlington Conservation Commission has become involved, Ms. Mullins responded that she is unsure because it is an existing and grandfathered site. Approve Minutes: 1/9/2023 and 1/23/2023 meetings On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Minutes of the January 9, 2023 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:43 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Minutes of the January 23, 2023 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:44 PM Schedule site visits: 2/21/2023 meeting No site visits were scheduled for the February 21, 2023 meeting. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan The Commission decided to continue the discussion on the Parker Meadow story walk installation from the February 21, 2023 meeting to the March 6, 2023 meeting because of school vacation week. This update will be posted on the town website, via signage at the Parker Meadow entrance, and via email. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 8:48 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant – Conservation Approved: 3/6/2023 Archived: 3/14/2023