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Home My WebLink About2024-08-19-ConCom-min-copy Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, August 19th, 2024, 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, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan; Not present: Kevin Beuttell and Alexandra Dohan Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 0 Maple St (MM Bike Path), CPM- 24-3, CDOA-23-5, MWRA Water Line Ms. Julie Sullivan, project manager at MWRA, presented and stated that the proposed project is a plan modification to a project that was previously issued a negative determination. Mr. Paul Rullo, MWRA, stated the project includes the installation of a new pipeline on the Lexington/ Arlington line along the Minuteman bikeway and the proposed change re-aligns the new waterline further from the resource area and outside of a portion of the bikeway. Mr. Rullo, stated that the project team intends to restore the bike path and utilize sediment and erosion controls. The Lexington Tree Committee will hold a hearing on August 23rd, 2024 regarding the project’s proposed removal of 9 trees, 8 of which are in Conservation Commission jurisdiction. Mr. Rullo presented the types of trees being removed and the proposed list of trees for replanting which included the following species: eastern redbud, sweetgum, sweetbay magnolia, and yellowwood. The Commission suggests 3 years of monitoring and replacing the proposed yellowwood with white oak. The approval of the plan change will include a condition that the 11 substituted oak trees be planted within conservation jurisdiction. On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the insignificant plan change with conditions. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 5 John Hosmer Ln, DEP #201-1212, OpenGov COC-23- 16, CNOI-21-5 On a motion by Mr. Bitsko and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to issue the full Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 4 Saddle Club Rd, Partial COC-24-15, DEP #201-1299, OpenGov CNOI-23-22, AOOC-24-1 Ms. Karen Mullins, Conservation Director, stated that based on preliminary review everything has been built and noted on the as-built, however, a site visit is still needed prior to release of the Certificate of Compliance to confirm drainage. On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to issue the Partial Certificate of Compliance, pending a site visit by Ms. Mullins. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 17 Stedman Rd, DEP #201-1167 BL #130, OpenGov COC-24-13 The request will be posted to the 9/9/2024 meeting for submission of a final as-built plan. Request for Certificate of Compliance: 7 Crosby Rd, DEP #201-1079 BL #130, OpenGov COC- 24-14 The request will be posted to the 9/9/2024 meeting for submission of a final as-built plan. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 101-103 Hartwell Ave OpenGov Permit# CDOA-24-10 Applicant/Property Owner: LS King Hartwell Innovation Campus LLC Project: Installation of a new water line between the commercial building and Hartwell Avenue public water line connecting into Hartwell Place which traverses the onsite Bordering Vegetated Wetlands. Supplemental Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Prepared by: LMA Services Co., LLC; Prepared for: LS King Hartwell Innovation Campus LLC; Date: 7/29/2024;  Site Plan; Prepared by: Farland Corp.; Stamped and signed by: John K. Marchand, Civil PE No. 48689; Date: 7/30/2024;  Memorandum: To: Mr. Philip K. Hamilton, Chair; From: Christian A. Farland, PE, Farland Corporation, Inc.; Subject: Re: Project Narrative – 101-103 Hartwell Avenue; Date: 7/29/2024 Stevie Carvalho, Farland Corp., presented and stated that the proposed work is to replace the existing water main to address ongoing issues. Mr. Duke Bitsko, Commissioner, asked if there will be sediment or erosion controls. Mr. Carvalho stated that there are no proposed erosion controls nor stockpiling and that erosion control measures can be added to the proposed work. On a motion by Ms. Ladd and seconded by Mr. Bitsko, the Commission voted 5-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Abbreviated Notice of Resource Area Delineation: 251 Waltham St OpenGov Permit# CORD-24-2, DEP#201-1326 Applicant/Property Owner: Town of Lexington Project: Confirmation of the boundaries of the Bordering Vegetated Wetlands (BVW), Isolated Land Subject to Flooding (ILSF), and Isolated Vegetated Wetlands (IVW, Code) Documentation Submitted:  WPA Form 4A: Abbreviated Notice of Resource Area Delineation Application; Submitted by: Michael Cronin, School Building Committee, on behalf of the Town of Lexington; Date: 7/30/2024  Wetland Resource Area Assessments, Lexington High School, Lexington, MA; Prepared by: Julia Stearns, Senior Wetland Scientist/Staff Specialist, and Dennis Lowry, Principal Wetland Ecologist; Date: 7/25/2024  Memorandum; Subject: Re: Lexington High School; To: Karen Mullins; From: Erin F. Prestileo, PE, SMMA; Date: 7/30/2024  Existing Conditions Plan; Prepared for: Lexington High School; Prepared by: SMMA; Signed and Stamped by: Erin F. Prestileo, Civil PE No. 50224; Date: 7/30/2024 Ms. Erin Prestileo, civil engineer, SMMA, Mr. Logan Finney, SMMA, and Ms. Julie Stearns, SMMA, were present as representatives for this hearing. Ms. Prestileo stated that a site visit by the Commission will occur next week. Mr. Dennis Lowry, AECOM, stated that 10 freshwater wetland protected resource areas have been identified on the site, including 7 considered to be bordering vegetated wetlands and 3 isolated vegetated wetlands. Mr. Lowry stated that the abutting forested wetlands are included in the submitted drainage calculations. Mr. Bitsko asked to clarify if soil testing was completed along with reviewing vegetation present for the delineation. Ms. Stearns stated that the delineation was completed based on soils and vegetation. On a motion by Mr. Bitsko and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to continue the hearing to the 9/9/2024 meeting, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 25 Suzanne Road OpenGov Permit# CNOI-24-20, DEP #201-1327 Applicant/Property Owner: Jeremy Kieval Project: The construction of an addition and deck within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of intent Application and Wetland Resource Area Analysis; Prepared for: Jeremy Kieval, 25 Suzanne Rd; Prepared by: LEC Environmental Consultants, Inc.; Date: 7/30/2024;  Stormwater Analysis and Calculations; Locus: 25 Suzanne Rd; Prepared by: Patriot Engineering; Stamped and Signed by: Michael J. Novak, Civil PE No. 50696; Date: 6/19/2024  Notice of Intent Site Plan; Prepared for: Jeremy Kieval; Prepared by: Patriot Engineering; Stamped and Signed by: Michael J. Novak, Civil PE No. 50696; Date: 6/17/2024  Buffer Zone and Restoration Planting Plan; Locus: 25 Suzanne Rd; Prepared by: LEC Environmental Consultants, Inc.; Date: 7/30/2024  Drainage Area Map; Locus: 25 Suzanne Rd; Prepared for: Jeremy Kieval; Prepared by: Patriot Engineering; Date: 6/18/2024 Mr. Rich Kirby, presented and stated that in 2013 a Notice of Intent was filed for an addition and deck on the rear of the dwelling and that the intermittent stream found in the previous delineation remains. The proposed deck is within the 50-foot buffer zone and a buffer zone restoration plan is proposed for mitigation. Mr. Michael Novak, Patriot Engineering, stated that PSIS-1 was added to the proposal to satisfy stormwater requirements. Mr. Bitsko asked to clarify if the two proposed options have the same quantity of stormwater chambers in regards to volume. Mr. Novak stated there is minimal difference between the two proposed options which includes adjustment of the roof capture area. Mr. Hamilton stated that the third option of proposed drainage is agreed upon by the Commission. On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 500 Shire Way OpenGov Permit# CNOI-24-21, DEP #201-1328 Applicant/Property Owner: Kevin Williamson Project: The partial replacement of a private sewer main within Bordering Vegetated Wetlands and its 100-fot Buffer Zone. Documentation Submitted:  WPA Form 3 Notice of Intent Application; Prepared for: Kevin Williamson, Takeda Pharmaceuticals; Prepared by: John Hart, SMMA; Date: 7/30/2024;  Notice of Intent: Lexington Technology Park Sewer Replacement; Prepared for: Takeda, 300 Shire Way, Lexington, Mass.; Prepared by: SMMA; Date: 7/30/2024  Site Plan; Prepared for: Takeda, 500 Shire Way; Prepared by: Symmes Maini & McKee Associates; Stamped and Signed by: John C. Hart, Civil PE No. 36738; Date: 7/30/2024  Memorandum; To: Lexington Conservation Commission; From: John Hart, SMMA; Subject: Re: Site Photographs; Project: Takeda – Sewer Replacement; Date: 7/30/2024  Memorandum; To: Lexington Conservation Commission; From: John Hart, SMMA; Subject: Re: Stormwater; Project: Takeda Sewer Replacement; Date: 7/30/2024 Mr. John Hart, SMMA, presented and stated that a break in the sewer line needed a repair recently which led to the condition of the line being reviewed. Mr. Hart stated that the replacement would be placed between the existing sewer line and the electric line in the road, and a small portion of the replacement would be within the wetlands. Mr. Hamilton stated that the updated plans that were presented need to be submitted to the record as well. Mr. Bitsko stated that Wetlands 7 and 8 had issues associated with the restoration such as a bad scent, soil in poor condition, and material from the pipes left in the soil. Ms. Julia Stearns, AECOM, stated that the plantings would wait until the spring, depending on when the work begins. The top foot of soil will be preserved after removed so it can be placed back into the wetlands upon completion of the sewer replacement. Mr. Bitsko asked if any fencing is proposed for the first-year monitoring period. Mr. Hart stated that fencing was not proposed, but can be included. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Continued Public Meetings/Hearings Notice of Intent: 24 Turning Mill Road OpenGov Permit# CNOI-24-19, DEP #201-1330 Applicant/Property Owner: Murali Pathivada Project: The construction of an addition within the 100-ft buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  WPA Form 3 Notice of Intent Application; Prepared for: Murali Pathivada, 24 Turning Mill Road; Prepared by: Zoe Chang, MP Design Consultants; Date: 7/16/2024;  Site Plan Single-Family Home; Prepared for: Murali Pathivada, 24 Turning Mill Road; Prepared by: MP Design Consultants; Stamped and Signed by: Carlos Ferreira, Civil PE #41423; Date: 3/13/2024  Stormwater Management Memo; Prepared for: 24 Turning Mill Road; Prepared by: MP Design Consultants; Stamped and Signed by: Carlos Ferreira, Civil PE #41423; Date: 7/15/2024 Supplemental Documentation Submitted: Previous Meeting Dates:8/5/2024 Ms. Mullins stated the applicant is requesting a continuance to the 9/9/2024 meeting. On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to continue the hearing to the 9/9/2024 meeting, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Determination of Applicability: 149-151 Old Spring Street (Chinese Bible Church of Greater Boston) OpenGov Permit# CDOA-23-12 Applicant/Property Owner: Chinese Bible Church of Greater Boston Project: connection to the municipal drainage system associated with construction of a new building Supplemental Documentation Submitted:  Drainage Calculations and Stormwater Management Plan; Prepared by: McKenzie Engineering Group; Stamped and signed by: Bradley C. McKenzie, PE Civil No. 36917; Date last revised: 3/29/2024;  Site Development Plan; Prepared by: McKenzie Engineering Group; Stamped and signed by: Bradley C. McKenzie, PE; Date last revised: 3/29/2024;  Technical Review Letter #1; Prepared by: Scott D. Turner, Director of Planning, Environmental Partners; Date: 4/19/2024 Previous Meeting Dates: 10/30/23; 11/27/23; 12/11/23; 1/2/24, 1/29/24, 2/12/24, 2/26/2024, 3/11/2024, 4/8/2024, 4/22/2024, 5/6/2024, 5/20/2024, 6/3/2024, 6/17/2024, 7/1/2024, 7/15/2024 The applicant is requesting a continuance to the 9/23/2024 meeting for the applicant to consider more affordable designs for the proposal. On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye New Business/Pending Matters, Continued Schedule site visits for 9/9/2024 Meeting The site visit for 251 Waltham Street, the High School Project will take place on Tuesday 8/27/2024 at 5:30pm. Additional site visits will tentatively be scheduled for Thursday 8/22/2024 and Wednesday 9/4/2024 starting at 5:30pm. Enforcement Update: 11 Valley Road Ms. Mullins stated that she has met on site with Mr. Guo regarding enforcement and she suggested removal of a 400 square foot area of the driveway. Ms. Mullins stated that proof of compliance will be difficult since there have not been any plans with dimensions submitted to the record. Mr. Yifang Guo, owner of 11 Valley Road, stated that he will remove 400 square feet of the driveway as mitigation. Mr. Hamilton stated that verification of the removal will be needed. Mr. Bitsko asked if 400 linear feet can be spray painted on the driveway to verify what has been removed. Mr. Bitsko stated that the owner needs to hire an engineer to create a plot plan for him to allow for verification of compliance. Mr. Bitsko also stated that the small garden areas proposed to be removed should not be included as part of the driveway removal mitigation plan as they are included in stormwater management on the property. Sketches by the owner will not be approved for compliance verification. Reports: Lexington High School Project Update, Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan Ms. Mullins stated that the Tree Committee is proposing Amendments and suggested the Tree committee is included in a future meeting. Ms. Mullins provided an update on Concord Ave management plan and stated that a public forum has been held and one abutter has submitted written comments against the plan. A public meeting with the commission is necessary regarding the proposed plan. Approve Minutes: 6/10/2024 Joint Meeting, 7/15/2024, and 8/5/2024 The 6/10/2024 Joint meeting minutes will be postponed until 9/9 to allow for a quorum. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to approve the 7/15/2024 meeting minutes. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to approve the 8/5/2024 meeting minutes. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Mr. Bitsko and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:45PM Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 9/9/2024 Archived: 9/25/2024