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APRIL 19- Conservation Commission
Meering broadcasted by LexMedia
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AGENDA June 10, 2019, 6:30 p.m., Parker Room, Town Office Building, 1625
Massachusetts Avenue 02421
Commissioners Present: Phil Hamilton, David Langseth, Alex Dohan, Dick Wolk, Kevin
Beuttell, Ruth Ladd and Duke Bitsko
Staff Present: Karen Mullins, Conservation Administrator and Katie Luczai, Dept. Asst.
6:30 pm
New Business/Pendine Matters
Issue Order of Conditions: 11 Sherburne Road, DEP 201-1138, BL 1095
On a motion by Mr. Bitsko and seconded by Mr. Langseth, the Commission voted 7-0 to issue
the order of conditions.
Issue Order of Conditions: 55 Middleby Road, DEP 201-XXXX, BL XXXX
No order of conditions can be issued until a DEP file number has been issued.
Issue Order of Conditions: 3 Rolfe Road, DEP 201-1128, BL 1085
After the hearing closed later in the evening, on a motion by Ms. Dohan and seconded by Mr.
Beuttell, the Commission voted 7-0 to issue the order of conditions.
Issue Order of Resource Area Delineation: 453 Concord Avenue DEP 201-1133 BL 1090
On a motion by Mr. Wolk and seconded by Ms. Dohan, the Commission voted 7-0 to issue
the order of resource area delineation.
7 Lois Lane: Enforcement site visit follow up
Mr. Chris Connelly presented a revised plan before the Commission. Mr. Connelly and the
applicant are proposing one patio with a stone wall and deck as opposed to the proposed two
patios. Mr. Connelly presented this conceptual plan to gauge the Commission's opinions.
Mr. Bitsko stated that the lawn would need to be as far away as possible from the wetland.
Mr. Beuttell raised his concerns and hesitancy about approving any structure that would be 4
feet closer to the wetlands than the existing structure.
Mr. Langseth stated that if this project had come before the board for approval that he would
most likely not have approved it. Mr. Langseth additionally stated that a deck could in a way
be seen as a benefit to the resource area since it would keep people from directly outside of
the wetlands.
Mr. Beuttell reminded the Commission that there is still no official wetland delineation with
complete soil testing which is important when considering mitigation measures.
Mr. Wolk and Ms. Dohan agreed that a deck would be more protective to the wetland.
Ms. Ladd pointed out that the proposed patio and fill remain in the 25 foot no disturb zone.
Mr. Bitsko stated that if a deck is proposed then a path or point of access will need to be
proposed for maintenance of the deck.
The Commission discussed the possibility of approving a deck while considering the
unconfirmed wetland boundary.
Mr. Connelly will take the comments from the Commission and report them back to his client.
Requests for Certificate of Compliance: 6 Moon Hill Road DEP 201-655 BL 613
The Commission decided that the information provided for the Certificate of Compliance is
incomplete. The Commission will conduct a site visit and wait for more information to be
submitted by the applicant.
Requests for Certificate of Compliance: Clarke Middle School (17 Stedman Road) DEP 201-
1014, BL 971, Diamond Middle School (99 Hancock Street) DEP 201-1013, BL 970 and
Bowman Elementary School (9 Philip Road) DEP 201-1027, BL 985
To be discussed at a later meeting.
Request for Insignificant Plan Change: 81 Westview Street DEP 201-1080 BL 1037
The applicant proposed a larger patio than approved. On a motion by Ms. Ladd and seconded
by Mr. Wolk, the Commission voted to approve the insignificant plan change.
Approve Meeting Minutes: 5-13-2019, 5-28-2019
On a motion by Ms. Ladd and seconded by Mr. Wolk the Commission voted to accept the
minutes from May 13, 2019 as edited.
Schedule site visits for June 24, 2019 Meeting (tentatively 6115119)
The Commission will visit 6 Moon Hill Road in addition to the upcoming filings.
Buffer Zone Performance Standards Amendments to Regulations
The Commission will discuss buffer zone performance standards once they receive and read
the upcoming publication regarding buffer zone standards by the MACC.
Reports
The National Park Service will be hosting a bio-blitz this summer. The Lexington
Conservation Department will advertise it.
7:00 pm New Public Meetings/Hearings
DET 19-22
RDA, 500 Shire Way
Applicant: Takeda Pharmaceutical Company
Project: Re-grading of a gravel access road
Mr. John Hart presented before the Commission. The applicant proposes site development in
the eastern portion of the site. The Zoning Board of Appeals had asked that Shire maintain the
gravel road on site for Fire Department access. The wetland boundary was originally flagged
in 2003. A Notice of Intent was filed in 2010 for the primary electrical feed. This project will
focus on adding a few inches to increase the grade over the electrical structures. There are 8
crossings of pipe that run under the road which will be cleaned out by hand before the gravel
is installed.
Per questions from the Commission during the site visit, the wattles used during construction
will be biodegradable and the gravel will be base course materials with clay that will not wash
away. Construction materials will not be stored on the side of the road.
Mr. Langseth asked how the applicant will mitigate possible future erosion.
Mr. Hart stated that the design of the roadway being sloped and then progressing downward
will prevent erosion.
An abutter raised their concerns regarding the width of the road entrance. The Commission
stated that their concern was outside of the Commission's jurisdiction.
Mr. Mal Crawford asked if the road will be closed for pedestrian traffic during construction.
Mr. Hart did not know.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 to
issue a negative determination with conditions.
7:18pm
DET 19-21
RDA, 81 Pleasant Street
Applicant: Hans D. Strauch
Project: Abandonnment of septic and installation of 6-inch sewer line connection to town
sewer in Pleasant St
Mr. Al Gala and Mr. Rich Kirby presented before the Commission. The applicant is
requesting to install a sewer connection to a town drain. Mr. Gala explained that due to the
property's topography it was best to abandon the current system and redirect the pipe to the
town sewer manhole. There are a series of catch basins along the road which will all be
protected with silt sacks during the construction process. The wetlands are situated across the
street from the property.
Ms. Ladd asked what were to happen during rainfall.
Mr. Gala stated that wattles are located at the top and bottom of the property to accommodate
potential runoff. The project will be done piece by piece so no trench will be exposed
overnight. A quick-growing seed will also be planted.
Ms. Mullins confirmed that the Board of Health handles the Title V requirements.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to issue a
negative determination with conditions.
7:24pm
DET 19-20
RDA, 5 Page Road
Applicant: Rahul Kher
Project: Demo and reconstruction of a single family dwelling
Mr. Rich Kirby presented before the Commission. The limit of work line is outside of the 100
foot buffer zone and 200 foot riverfront area.
Mr. Langseth noted that due to Town rules this filing does not qualify for certain stormwater
management regulation.
The Commission discovered that the property at hand is bordered by private land not public
land.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 to issue a
negative determination with conditions.
DEP 201-1136 BL 1093
NOI, 5 Brook wood Road
Applicant: Marc Saint Louis
Project: Construction of a rear addition and front covered porch to an existing single family
dwelling
Mr. Rich Kirby, Mr. Mike Capachietti, Mr. Marc Saint Louis and Mr. Tim Lee presented
before the Commission. The proposed project is to construct an addition to a single family
dwelling in addition to a front covered porch and rear deck. The construction activities occur
within the 100 foot buffer zone and 100 year flood elevation. A stormwater management plan
was submitted. Stormwater runoff will be directed to an aggregate area underneath the
pervious paver patio. The proposed deck and patio are exempt from stormwater management
requirements. All drainage will be directed to Vine Brook and the wetlands. Seven trees on
the property are proposed to be removed. The area will be re-vegetated with new plantings.
The total amount of runoff will be decreased from the existing dwelling.
Ms. Mullins noted that the applicant volunteered to remove pavement beneath the proposed
steps.
Mr. Langseth inquired how deep the engineers had to dig to make the calculations work out.
Mr. Capachietti stated that they had to dig down 10 inches in addition to the 12 inches. There
is pure beach sand beneath the ground which causes quick percolation.
Mr. Beuttell asked if there was a summary submitted of riverfront performance standards for
re-development. For any re-development within the riverfront area there needs to be proof of
a net improvement. The expansion of the lawn area and reduction of large trees do not meet
that standard.
Mr. Kirby stated that the landscaped area will be converted to lawn area.
Mr. Beuttell asked about the state of the trees on the property.
Mr. Lee stated that many of the trees have been compromised causing them to be in poor
health or damaged. The trees face much competition from each other.
Mr. Beuttell stated that even damaged trees have ecological value.
Ms. Ladd stated that the trees on the property look sad.
Ms. Ladd asked if there will be FENO markers installed at the 25 foot buffer zone.
Mr. Lee confirmed that FENO markers will be installed.
Ms. Ladd asked that no cultivars be planted within the 25 foot buffer zone area. Ms. Ladd
asked what their invasive species management plan was.
Mr. Lee stated that they plan to remove the invasive species. Mr. Lee did not know what
method they would use to remove the invasive species.
Mr. Langseth asked, like Mr. Beuttell, for a formal written discussion of the riverfront re-
development standards from the applicant. Mr. Langseth additionally stated that the
construction appears to be a good opportunity to plant new large trees on the property.
Mr. Bitsko stated that the large oak trees currently on the property are the highest ecological
valued trees. Mr. Bitsko asked that they replace the trees with new oaks as well as planting
trees in the riparian corridor.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until June 241h at the applicant's request.
8:05pm
DEP 201-1137 BL 1094
NOI, 127 North Street
Applicant: Ying Chen and Katherine Van Stry o/b/o Bull Realty, LLC
Project: Raze and rebuild of a single family dwelling
Mr. Rich Kirby and Mr. Al Gala presented before the Commission. There are two wetland
resource areas as well as the floodplain which impact the proposed raze and rebuild of a
single family dwelling. There will be fill behind the proposed house and excavation in order
to provide the flood storage necessary. An infiltration system will be installed in the front of
the dwelling. A rain garden will be installed in the rear of the dwelling. The remainder of the
forestry on the property will be preserved. The lawn will be mowed once per year in the fall.
Chairman Hamilton read the engineering memo into the record.
Chairman Hamilton asked if a test pit was completed in the rain garden.
Mr. Gala stated that there was not a test pit done in the rain garden. It is not that deep. The
earth underneath the rain garden consists of sandy soils.
Ms. Ladd asked if the engineering calculations rely on the functioning of the rain garden.
Mr. Gala confirmed that they are relying on the rain garden. A total 2,400 sq. feet of surface
area runoff is directed into the rain garden.
Mr. Wolk asked if there is a basement proposed.
Mr. Gala confirmed.
Mr. Wolk asked what the elevation is of the proposed dwelling.
Mr. Gala stated that the base elevation is 180.5.
Ms. Ladd noted that the flood elevation is 179.1.
Chairman Hamilton noted that the infiltration system is 3 feet from the property line.
Ms. Mullins asked the applicant to check flood elevations.
On a motion by Mr. Wolk and seconded by Mr. Langseth, the Commission voted 7-0 to
continue the hearing until June 241h at the applicant's request.
8:24pm
DEP 201-1134 BL 1091
NOI, 9 Hadley Road
Applicant: Cuong Viet Nguyen
Project: Repair foundation of a single family dwelling
Mr. David Sperduto and Mr. Nguyen presented before the Commission. Mr. Sperduto
presented the proposed foundation repair before the Commission. The current foundation is
18 inches below grade which currently positions it before the frost line. In order to repair the
current foundation the contractor will need to dig a trench deep enough to access the
foundation, attach piers and through hydraulics solidify the piers into place to allow the house
to be lifted. The trench will be hand dug next to the deck in the rear. They should not have to
drive the excavator onto the property multiple times.
Ms. Ladd asked if any utilities will need to be moved during the construction process.
Mr. Sperduto stated that they do not anticipate having to move anything.
Since the wetland boundary comes right up to the limit of work line Mr. Langseth asked that
the limit of work line be as obvious as possible.
On a motion by Mr. Wolk and seconded by Ms. Dohan, the Commission voted 7-0 to close
the hearing.
Ms. Ruth Ladd recused herself for the following filing.
DEP 201-XXXX BL XXXX
NOI, 7 Kirtland Street
Applicant: United States Army Corps of Engineers
Project: New parking lot construction
Mr. Louis Manzone presented before the Commission. The project is to construct a 200 space
parking lot for the MIT Lincoln Lab staff. The site was previously developed. There are two
adjacent wetlands in the project area. Impervious surface area will be removed and replaced.
The drainage will be directed to the wetlands. The stormwater management system includes
inlets that lead to an infiltration system. There are three water quality units. The Air Force
Base asked that the runoff be reduced by 10% in order to achieve their own runoff goals. The
water discharges into the headwaters of the Shawsheen River.
Chairman Hamilton read the engineering memo into the record.
Ms. Mullins stated that a legal opinion has not been submitted by Town Counsel.
Ms. Mullins stated that one of the wetland resource areas is subject to town bylaws because it
is considered navigable waters.
Mr. Scott Sheehan stated that according to WOTUS section 3.13 local jurisdiction can
regulate any navigable waters. The wetland is excluded from state regulations but must abide
by local town bylaws.
Mr. Langseth stated that conceptually the project is fine but the sizing of the systems will
probably have to be increased.
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until June 241h at the applicant's request.
Ms. Ladd rejoined the Commission.
DEP 201-939 BL 898
Amendment to an Order of Conditions/NOI, 30 Oakmount Circle
Applicant: Merek Franklin
Project: Modifications to Site Plan for single family dwelling construction
Mr. Dan Orwig presented before the Commission. Several changes were made during the
construction process that needed to be reviewed by the Engineering Department. The
infiltration system was moved in order to save a tree on the property. During the construction
process, the contractor hit ledge in the front yard area which caused them to move the
retention basin. In doing so, the retaining wall was constructed as one wall as opposed to two
smaller walls. A proposed patio in the rear was not constructed.
Chairman Hamilton read the engineering memo into the record.
Mr. Langseth agreed that the changes made during the construction process benefitted overall
the resource areas however the applicant was supposed to ask for permission before the
proposed changes were made.
An abutter from 28 Oakmount Circle asked to confirm that the drainage areas were not altered
during construction.
Mr. Orwig confirmed that no drainage areas were altered.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to
approve the changes to the Order of Conditions.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 to close
the hearing.
Continued Public Meetings/Hearings
Ms. Dohan recused herself from the following filing.
DEP 201-XXXX BL XXXX
NOI, 55 Middleby Road
Applicant: Greenway Corridor Committee
Project: Construction of a boardwalk and trail maintenance
Issue Order of Conditions after hearing is closed.
Chairman Hamilton officially opened the hearing for 55 Middleby.
Mr. Mal Crawford presented before the Commission. Mr. Crawford reviewed the proposed
project to install a boardwalk and trail in the wooded area behind the Bridge School.
Mr. Bitsko asked the applicant to consider a pilot program of native seeding for the closed
trail.
Mr. Crawford stated that the Greenway Corridor Committee funds are limited.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 6-0 to close
hearing.
The Order of Conditions cannot be issued until a DEP filing number has been assigned.
Ms. Dohan re-joined the Commission.
DEP #201-1128 BL# 1085
NOI, 3 Rolfe Road
Applicant: Anju Srivastava
Project: Proposed addition to a single family home
Issue Order of Conditions after hearing is closed.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to close
the hearing.
DET 19-16
RDA, 191 Spring Street
Applicant: 191 Spring Street Trust
Project: parking improvements
Mr. Chris Nowak presented before the Commission. Mr. Nick Skoly presented the project in
detail during the prior hearing.
The Engineering Department has not submitted comments in regards to the project yet.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 to
continue the hearing until June 241h at the applicant's request.
Ms. Ladd recused herself from the following filing.
DEP 201-1120 BL 1076
NOI, 244 Wood Street
Applicant: MIT Lincoln Labs
Project: Proposed electrical building modifications within the 100 foot buffer zone
Mr. Chris Nowak presented before the Commission. The project has been altered since the
original filing. The fourth feeder project involves installing pads for electrical equipment and
a generator. Originally the filing included a curb but which is no longer included. A
subsurface recharge system is located directly adjacent to the proposed generator. The overall
work has been minimized. The comments received by the Town Engineer have been
responded to by the applicant. The town bylaw is not applicable in this instance. The project
has obtained their own MS4 permit.
Ms. Mullins stated that a legal opinion has not been received yet from Town Counsel.
Mr. Sheehan stated that there is a drainage feature on the other side of Hartwell Avenue. Mr.
Sheehan reviewed the possible pathways as next steps following receipt of the legal opinion.
On a motion by Mr. Beuttell and seconded Mr. Wolk the Commission voted 7-0 to continue
the hearing until June 24h at the applicant's request.
Ms. Ladd re joined the Commission.
9:36pm
DEP 4 201-1126 BL 1083
NOI, 6 Blinn Road
Applicant: Lauren Dillon
Project: Proposed raze and rebuild of a single family dwelling
On a motion by Ms. Dohan and seconded by Mr. Wolk, the Commission voted 7-0 to
continue the hearing until June 241h at the applicant's request.
DEP 4 201-XXXX BL XXXX
NOI, 758 Marrett Road
Applicant: Minuteman Vocational High School
Project: Construction of synthetic tuft athletic fields
On a motion by and seconded the Commission voted 7-0 to continue the hearing until June
24'h at the applicant's request.
On a motion by Mr. Wolk and seconded by Mr. Beuttell, the Commission voted 7-0 to close
the meeting.
10:01pm