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Home My WebLink About2020-04-06-CONCOM-min.rev1 1 PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, April 6th, 2020, 6:30 p.m. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 and subsequent Orders imposing strict limitation on the number of people that may gather in one place, this meeting of the Lexington Conservation Commission will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found below. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of Lexington website or through LexMedia an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. This Conservation Commission meeting will be held remotely via Zoom, an online meeting platform. Public Participation via calling in or using your computer is encouraged. Commissioners Present: Phil Hamilton, David Langseth, Duke Bitsko, Kevin Beuttell, Alex Dohan, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Katie Luczai 6:30 pm New Business/Pending Matters Issue Order of Conditions: 48 Lincoln Street DEP 201-1174, VPC CNOI-20-4 On a motion by Ms. Dohan 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: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye 2 Ruth Ladd – Aye David Langseth – Abstained Holly Samuels – Aye Phil Hamilton – Aye Issue Partial Certificate of Compliance: 2 Penny Lane, Lot 5, Cedar St Subdivision DEP 201- 1070, VPC COC-20-6 On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to issue the partial certificate of compliance. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Request to Extend Order of Conditions by one year: 21 Barberry Road DEP 201-708, VPC EXTO-20-4 (6/12/2020 until 6/12/2021) On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to extend the Order of Conditions by one year. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Request for Plan Modification: 21 Revere Street DEP 201-1151, VPC CPM-20-5 – construct landscaping wall The applicant is proposing to regrade the rear yard and construct a landscaping wall. The wall will provide a clear demarcation of the buffer zone. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the plan modification. 3 Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Ratify Issuance of Emergency Certificates: 1265 Mass Ave. (Site One) – Replace collapsed sewer line to prevent existing overflow to Munroe Brook Ms. Mullins stated that recently a 10 inch sewer line collapsed near Munroe Brook. The Town was able to pump water around the stream. The sewer line was repaired and the area was stabilized and restored. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to ratify the emergency certificate. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Ratify Issuance of Emergency Certificates: 64 Sherburne Rd S – Replace collapsed sewer line stub from house to street Ms. Mullins stated that a sewer line collapsed at 64 Sherburne Rd S, which caused sewage to back up into the dwelling. The site was repaired and the area was stabilized. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to ratify the emergency certificate. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye 4 Holly Samuels – Aye Phil Hamilton – Aye Enforcement: 26 Eldred Street, Unauthorized Tree Removal; Approve Riverfront Area and Buffer Zone Restoration Plan Ms. Mullins and Mr. McCarron recently visited 26 Eldred Street after a report was received that the homeowners had removed a large amount of trees within protected resource areas. The Conservation Dept. issued a stop work order. Mr. Scott Smyers of Oxbow Associates presented before the Commission on behalf of the homeowners. Mr. Smyers stated that a total of 20 trees were removed within jurisdictional areas. A restoration plan was presented before the Commission. The homeowner is proposing to allow stumps to re-sprout within the 100 foot buffer zone and to grind tree stumps within the 100-200 riverfront area. Fifteen trees will be replanted within the 100 foot buffer zone and along the property edge within the 200 foot riverfront area. The 100-200 foot riverfront area is proposed to be lawn. A barrier will be installed along the 50 foot buffer zone. The site will be monitored. The Commission asked that the homeowners not grind any stumps. The Commission asked that more details be provided on the plantings sizes and their invasive species management plan. The enforcement order will be revisited again at the April 21, 2020 Conservation Commission meeting. New Public Meetings/Hearings 7:22pm ViewPoint Cloud Permit #CDOA-20-8 Request for Determination of Applicability, 65 Hayden Avenue Applicant: Highpoint Engineering, Inc. Project: Construction of concrete pad Documentation Submitted:  MassDEP Application with attachments, prepared by Highpoint Engineering, Inc., prepared for Thomas Ragno (c/o King Street Properties), dated 3/16/2020  Project plans, “Kaleido Bulk Storage Tank”, prepared by Studio Troika, signed and stamped by Robert A. Elfer RA#10498, dated 2/20/2020  Letter, from City of Cambridge Water Department, to Lexington Conservation Commission, re “Request for Determination of Applicability King Street Properties”, dated 3/27/2020  Engineering Memo, from Michael Sprague, to Karen Mullins, “65 Hayden Ave NOI Engineering Comments”, dated 4/6/2020 Mr. Jesse Aguilar, project engineer with Highpoint Engineering, Inc. presented before the Commission. The applicant proposes to construct a concrete pad and associated fence for the installation of a bulk storage tank outside of the 100 foot buffer zone. The pad will be 16’x30’to 5 accommodate a 6,000 gallon bulk nitrogen tank and electrical equipment. A fence with a double gate will be installed surrounding the pad/tank. A crushed stone drip edge and 12 inch stone apron will surround the concrete pad for storm water maintenance. Concerns of the Commission: - What the pitch of the pad is. Response of the Applicant: - The pad is pitched at 3 inches above the stone laden ground. On a motion by Mr. Ladd and seconded by Mr. Langseth, 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 – Absent for vote Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:39pm Mr. Beuttell recused himself from the public meeting for the Route 2 RDA application. ViewPoint Cloud Permit#CDOA-20-7 Request for Determination of Applicability, Route 2 Applicant: Lexington Senior Housing Owner LLC Project: Temporary construction staging area Documentation Submitted: - MassDEP Application with attachments, prepared for Lexington Senior Housing Owner LLC, prepared by National Development, dated 3/12/2020 - Project plans, “Proposed Temporary Material Laydown Area”, prepared by VHB, dated 2/27/2020 Mr. Steve Senna of National Development and Mr. Wayne Amico of VHB presented before the Commission. The applicant is proposing to the westbound on-ramp to Route 2 at Watertown Street as a temporary staging area for construction storage activities within the 100 foot buffer zone. Temporary fencing, erosion controls and crushed stone will be installed. Concerns of the Commission: - Construction vehicles will have to drive over vegetation in order to enter the construction staging area. Is there a way to avoid that as to not negatively impact the vegetation? - Will the affected area be restored? 6 Response of the Applicant: - In order for the stone to be installed to not enter the on-ramp and cause safety issues for oncoming vehicles there cannot be any additional protection installed for vegetation. The proposed site was the best option for the project. - After the construction area has been uninstalled, the applicant will install 4 inches of loam and seed. The Commission added as a condition that the area be de-compacted during the restoration process. On a motion by Mr. Langseth and seconded by Ms. Dohan, 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 – Abstained, recused Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:58pm Mr. Beuttell recused himself from the public meeting for the Hill Street NOI application. ViewPoint Cloud Permit #CNOI-20-9 Notice of Intent, Hill Street Applicant: Town of Lexington Engineering Dept. Project: Sidewalk construction Documentation Submitted: - MassDEP Application with attachments, prepared by GCG Associates, Inc., prepared for Town of Lexington DPW (Engineering Division), dated 3/12/2020 - Project plans, “Town of Lexington, Massachusetts Hill Street Proposed Sidewalk Plan”, rev. date 3/19/2020, prepared by GCG Associates, Inc., signed and stamped by Michael J. Carter PE#35907 - Drainage Design and Calculations, prepared by GCG Associates, Inc., dated 4/1/2020 - Engineering Memo, from Michael Sprague, to Karen Mullins, “0 Hill St NOI Comments”, dated 4/3/2020, rev. 4/6/2020 - Hill Street Presentation, “Town of Lexington, Proposed Sidewalk Plan”, prepared by GCG Associates, Inc., date 4/3/2020 7 Mr. Michael Carter of GCG Associates, Inc. and Mr. Ross Morrow, project engineer with the Town of Lexington, presented before the Commission. The applicant is proposing to install a five foot wide sidewalk and portions of berm along the northern side of Hill Street between Cedar Street and Bedford Street and on the southern side of Hill Street between Bedford Street and Sargent Street, portions of which come within the 100 foot buffer zone. An infiltration trench will be installed along portions of the project. The infiltration trenching is a new method of drainage that the Town will be implementing which comprises a two pipe system. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Abstained, recused Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:17pm ViewPoint Cloud Permit #CNOI-20-7 Notice of Intent, 4 Blinn Road Applicant: Steve Huntington Project: Deck Documentation Submitted: - MassDEP Application with attachments, prepared by Steven Huntington, dated 3/8/2020 - Project Plans, prepared by Keenan Survey, signed and stamped by James Richard Keenan, PLS 30751, dated 2/27/2020 - Engineering Memo, from Michael Sprague, to Karen Mullins, “4 Blinn Rd NOI Comments”, dated 3/30/2020 Mr. Steven and Allyson Huntington, homeowners, presented before the Commission. The applicant is proposing to replace a deck within the 100 foot buffer zone. The deck has been mostly constructed. There is spacing between the boards of the deck. The applicant expects to restore the rear yard with plantings as a part of the application. Concerns of the Commission: - What is underneath the proposed deck? Response of the Applicant: - The old deck had gravel underneath it but the new deck will not have gravel. 8 The Commission asked the applicant to propose a specified restoration/planting plan. On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to continue the hearing until April 21, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:45pm ViewPoint Cloud Permit #CNOI-20-8 Notice of Intent, 7 Volunteer Way Applicant: Yingqi Wang Project: Addition, deck and patio at a Single Family Dwelling Documentation Submitted: - MassDEP Application with attachments, prepared by LEC Environmental Inc., prepared for Yingqi Wang, dated 3/10/2020 - Project plans, “Site Plan 7 Volunteer Way”, prepared by Frederick W. Russell Jr. PE#36713, dated 3/4/2020 - Drainage Analysis, prepared by Frederick W. Russell Jr. PE#36713, dated 3/4/2020 - Engineering Memo, from Michael Sprague, from Karen Mullins, “7 Volunteer Way NOI Comments”, dated 3/30/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental Inc. and Mr. Wang, homeowner, presented before the Commission. The applicant is proposing to construct a 900 sq. foot addition, deck and patio at a single family dwelling within the 100 foot buffer zone. The yard will be re- graded to flatten the area to accommodate for the addition. An infiltration system is proposed. FENO markers are proposed to be installed along the 25 foot buffer zone. The applicant will let most of the lawn area go fallow which will create 2,000 sq. feet of meadow. Additionally, the applicant will remove bittersweet from an existing oak tree on the property. The Commission, representative and applicant determined that the FENO markers can be rotated in a line diagonally on the property. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to close the hearing. Record of vote as follows: Duke Bitsko – Aye 9 Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 9:03pm ViewPoint Cloud Permit #AOOC-20-4 AmendOOC, 11 Sherburne Road Applicant: 11 Sherburne Road LLC Project: Rebuild existing dormer Documentation submitted: - Letter, from Frederick W. Russell, to Lexington Conservation Commission, Re: “11 Sherburne Road, DEP File No. 201-1138; BL 1095”, dated 2/14/2020 - Project Plans, prepared by RDK Architects, “Addition and Renovation”, rev. date 1/26/2020 Ms. Trina Murphy presented before the Commission. The applicant is proposing to rebuild an existing dormer on a portion of the existing dwelling within the 100 foot buffer zone. The existing dormer has caused water damage. The alteration at large will not impact the storm water runoff. Other alterations made during the project that deviated from the originally approved plans will be discussed at a later date. On a motion by Mr. Langseth and seconded by Mr. Beuttell, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 9:20pm ViewPoint Cloud Permit #CNOI-20-5 NOI, 137 Wood Street Applicant: Mark Barons Project: Raze and rebuild of a single family dwelling Documentation submitted: 10 - MassDEP Application with attachments, prepared for Mark Barons, prepared by LEC Environmental Inc., dated 2/24/2020 - Project plans, “Proposed Single Family Residence”, prepared by DeCelle-Burke-Sala, signed and stamped by Claudio Sala, PLS#38391, date 2/12/2020, rev. 3/19/2020 - Engineering Memo, from Michael Sprauge, to Karen Mullins, “137 Wood St NOI Engineering Comments”, dated 3/16/2020, rev. 3/30/3030, rev. 3/31/2020 - Letter, from Decelle-Burke-Sala & Associates, to Karen Mullins, date 3/19/2020 Mr. Richard Kirby, wetland scientist with LEC Environmental Inc. presented before the Commission. The applicant is proposing to raze and rebuild a single family dwelling, portions of which are within the 100 foot buffer zone. A total of 8 trees are proposed to be removed. The Commission asked that the applicant provide a detailed planting plan. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing until April 21, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 9:33pm ViewPoint Cloud Permit #AOOC-20-5 AmendOOC, 443 Lincoln Street (Hobbs Brook Development) Applicant: Symes Development and Permitting Project: impervious surface area modifications Documentation submitted: - Letter, from Stamski and McNary Inc., to Conservation Commission, Re: “443 Lincoln Street DEP File#201-1101”, dated 3/2/2020 - Plan, “Proposed Impervious Reduction Sketch”, prepared by Stamski and McNary, dated 3/2/2020 - Engineering Memo, from Michael Sprague, to Karen Mullins, “443 Lincoln St AOOC Engineering Comments”, dated 3/17/2020 Mr. Paul Kirchner with Stamski and McNary presented before the Commission. The applicant is before the Commission to get the approval of plan modifications made after the Order of Conditions was issued. The applicant had not included roof overhangs in their impervious surface area calculations. To accommodate for the increase in impervious surface area, the 11 applicant will be removing portions of impervious pavement around the site and replacing it with pervious pavers. Concerns of the Commission: - Ensure that the pervious pavers are installed correctly. - The plastic erosion netting on site. Response of the Applicant: - The applicant can ensure that the pervious pavers are installed correctly. Ms. Mullins stated that the plastic erosion netting had to be installed last winter in order to stabilize the site due to problematic erosion. The netting will be removed when the applicant can resolve the issue. On a motion by Ms. Dohan and seconded by Ms. Samuels, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 9:45pm ViewPoint Cloud Permit # CNOI-20-6 NOI, 15 Oxbow Road Applicant: Sean and Wendy Cassity Project: Landscaping Documentation submitted: - MassDEP Application with attachments, prepared for Sean and Wendy Cassity, prepared by LEC Environmental Inc., dated 2/25/2020 - Project plans, “Permit Site Plan of Land, 15 Oxbow Road”, prepared by Meridian Associates, signed and stamped by Michael J. Nowak PE#50696, dated 3/3/2020, rev. 4/6/2020 - Letter, “Stormwater Analysis and Calculations”, prepared by Meridian Associates, signed and stamped by Michael J. Nowak PE#50696, dated 3/3/2020 - Planting Plan, prepared by Site Creative Landscape Architecture, dated 2/27/2020 - Engineering Memo, from Michael Sprague, to Karen Mullins, “15 Oxbow Rd NOI Engineering Comments”, dated 3/16/2020 12 Mr. Richard Kirby, wetland scientist with LEC Environmental Inc., Ms. Wendy Cassity, homeowner and Stephanie Hubbard, landscape architect, presented before the Commission. The applicant is proposing to perform hardscape and landscape in the rear yard which is within the 100 foot buffer zone. The existing patio will be replaced with pervious pavers to accommodate for the installation of an impervious platform spa. Garlic mustard on the property will be hand pulled. There is already an infiltration system installed on the property to manage stormwater. The lawn area beyond the 25 foot buffer zone will go fallow. Concerns of the Commission: - What materials is the patio made of? Response of the Applicant: - The patio is made of concrete pavers which will be re-installed with spacing. On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 7-0 y roll call vote to close the hearing. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 10:06pm Continued Public Meetings/Hearings ViewPoint Cloud Permit #CNOI-20-1 DEP 201-1171 Notice of Intent, 45 Fottler Avenue Applicant: Marina and Igor Balk Project: Raze and rebuild a one bay garage with 2 bay garage On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing until May 4, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye 13 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye DEP 1154 BL 1109 ViewPoint Cloud #CNOI-19-16 NOI, 4 Tidd Circle Applicant: Maliha Karim Project: Landscaping and construction of a retaining wall and patio On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing until April 21, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye ViewPoint Cloud Permit #CNOI-20-3 DEP 201-1175 Notice of Intent, 11 Volunteer Way Applicant: Andrei Zharov Project: Raze and rebuild single family dwelling *Applicant has requested a continuance until April 21, 2020. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing until April 21, 2020 at the applicant’s request. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Approve Minutes: 3-9-2020 14 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the minutes pending recommended edits. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Site Visits for 4/21/2020 Meeting th The site visits will be conducted on Saturday, April 18, 2020. 10:14pm On a motion by Ms. Dohan and seconded by Ms. Samuels, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye