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Home My WebLink About2020-04-21-CONCOM-min.rev1 PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Tuesday, April 21, 2020 6:30 p.m., Parker Room, Town Office Building, 1625 Massachusetts Avenue 02421 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. 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, staff assistant 6:30 pm New Business/Pending Matters Vote to approve Greenways Corridor Committee Request to demarcate and sign ACROSS Lexington new Route M along applicable Lexington Conservation Area trails Mr. Keith Ohmart of GCC presented the proposal for signage along the new Route M trail. Ms. Dohan recused herself. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the request to demarcate and sign the ACROSS Lexington new Route M along applicable Lexington Conservation Area trails. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Recused Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Request for Insignificant Plan Change: Engineering/Wright Pierce, Marshall Rd Pumping Station, Construct retaining wall to accommodate grade changes and proposed planting plan Mr. Mark Maccio, project engineer from Wright Pierce presented before the Commission on behalf of the Town of Lexington’s Engineering Dept. Mr. David Pavlik of the Engineering Dept. was in attendance. They are proposing to construct an eighteen inch high retaining wall around the rear of the pumping station equipment in order to mitigate the steep slope on the property. A planting plan was proposed for the rear of the pumping station past from the retaining wall to the edge of the station area. Ms. Marilyn Fenollosa, an abutter to the project, inquired about the materials of the retaining wall and asked that the material look natural. Mr. Maccio stated that the keystone retaining wall system is to be made of pre-cast blocks that have a capstone on top. They are willing to change the wall material to rock or another more natural looking feature. Ms. Samuels suggested adding plants that would provide more screening such as evergreens. The Commission will discuss the proposed change at a future meeting. Request for an Information Meeting: Engineering/Wright Pierce, Hayden Ave and North St Pumping Station Upgrades Mr. Mark Maccio, project engineer from Wright Pierce and Mr. David Pavlik of the Lexington Engineering Department presented before the Commission. Mr. Maccio stated that the town intends on upgrading the existing pumping stations to a new submersible type pumping system. The existing station on Hayden Avenue is the second largest in town and is located close to wetlands. There is an easement on the property which they currently intend on working around. They are proposing invasive species management and vegetation for slope stabilization. Chairman Hamilton suggested that the Commission arrange a site visit. Mr. Maccio stated that they wish to relocate the North Street system to a higher ground elevation and possibly install a pathway connecting the street to the Recreation Trail. The decision to relocate the system was in order to avoid filling in the area. The Commission recommended using native shrubs in the proposed planting plan. Liberty Ridge (Grove St Development): 1. Vote to approve the Amended and Restated Grant of Easement between North Shore Residential Development, Inc., as grantor, and the Town of Lexington, acting by and through its Conservation Commission, as grantee, 2. Vote to authorize the Town Manager to execute and accept said Amended and Restated Grant of Easement on behalf of the Conservation Commission On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 to approve the Amended and Restated Grant of Easement between North Shore Residential Development, Inc., as grantor, and the Town of Lexington, acting by and through its Conservation Commission, as grantee. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to authorize the Town Manager to execute and accept said Amended and Restated Grant of Easement on behalf of the Conservation Commission. 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 Vote to authorize the Conservation Director to execute and sign documents on behalf of the Conservation Commission upon a duly vote of said action by the Conservation Commission On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to authorize the Conservation Director to execute and sign documents on behalf of the Conservation Commission upon a duly vote of said action by the Conservation Commission. 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 Vote to Issue an Enforcement Order approving a restoration plan for 26 Eldred Street On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue an enforcement order approving a restoration plan for 26 Eldred Street. 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 Insignificant Plan Change, Penny Lane (Lot 6), Install retaining wall along limit of work boundary The applicant requests to install a retaining wall ranging from 3.5 feet to 5 feet in height inside the current limit of work boundary in order to better demarcate the resource areas and improve the grading in the backyard. The Commission raised their concerns regarding the lack of setback between the retaining wall and abutting property line to accommodate for wall installation and maintenance. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the plan change. 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 7:14 pm New Public Meetings/Hearings ViewPoint Cloud Permit #AOOC-20-6 DEP 201-1082 BL 1039 Amendment to an Order of Conditions, 20 Pelham Road Applicant: Town of Lexington Project: Construct concrete walkway for access and public safety Documentation Submitted:  Letter, from DGT Associates, to Lexington Conservation Commission, re: Lexington Children’s Place Project, dated 3/30/2020  Engineering Memo, from Michael Sprague, to Karen Mullins, “20 Pelham Rd AOOC Comments”, dated 4/21/2020 Mr. Kevin Riopelle and Mr. Fredric King, engineers with DGT Associates presented before the Commission. Mr. Mike Cronin of the Lexington Engineering Department was also in attendance. The applicant is requesting to amend an existing order of conditions in order to install a concrete walkway on the west side of the building to provide additional egress and improve public safety outside of the 100 foot buffer zone. The additional 610 sq. ft. of impervious surface area does not impact the stormwater system. Concerns of the Commission:  Is the walkway pitched to slope towards the lawn area? Response of the Applicant:  Yes, the grade of the proposed walkway directs water westerly out towards an inlet structure at the round part of the existing driveway. On a motion by Mr. Langseth 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:23pm ViewPoint Cloud Permit #CNOI-20-10 DEP 201-X Notice of Intent, 4 Demar Road Applicant: Peter G. Fordham and Susan Wolf-Fordham Project: Addition to a single family dwelling Documentation Submitted:  Notice of Intent MassDEP application with attachments, prepared by Mary Trudeau, prepared for Peter G. Fordham and Susan Wolf-Fordham, dated 3/24/2020  Plans, “Site Plan 4 Demar Rd”, prepared by and signed and stamped by Frederick W. Russell, PE, dated 3/22/2020  Drainage Analysis, prepared by and signed and stamped by Frederick W. Russell, PE, dated 3/22/2020  Engineering Memo, from Michael Sprague, to Karen Mullins, “4 Demar Rd NOI Engineering Comments”, dated 4/16/2020 On a motion by Ms. Samuels and seconded by Mr. Beuttell, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:24pm ViewPoint Cloud Permit#CNOI-20-11 DEP 201-X Notice of Intent, 109 Reed Street (Roadway) Applicant: Todd Cataldo Project: Construction of subdivision roadway Documentation Submitted:  Notice of Intent MassDEP Application with attachments, prepared by Richard Kirby, prepared for Todd Cataldo, dated 3/31/2020  Plans, “Proposed Definitive Subdivision at 109 Reed Street Plan Set”, prepared by Meridian Associates, dated 2/5/2020  Stormwater Management, prepared by Meridian Associates, dated 3/31/2020  Plans, “109 Reed Street Subdivision Drainage Sub-catch Plans”, prepared by Meridian Associates, dated 12/4/19  Engineering Memo, from Michael Sprague, to Karen Mullins, “109 Reed St Subdiv ROW NOI Engineering Comments”, dated 4/21/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental Inc. and Mr. Mike Capachietti, project engineer with Meridian Associates presented before the Commission. The applicant is proposing to construct a subdivision roadway and associated grading and site work within portions of the 100 foot buffer zone of a bordering vegetated wetland. The proposed roadway is outside of jurisdictional areas while the associated grading and site work takes place within protected resource areas. The site is composed primarily of sandy soils. A primary drainage system is proposed within the landscaped center island of the roadway’s cul de sac. The site’s stormwater system will be comprised of two drainage structures and one water quality unit. A double catch basin will be installed at the end of the cul de sac/street entrance. An emergency overflow is proposed for the site. A water line is going to be installed around the subdivision. Six by six inch bounds are proposed to be installed to mark utility easements. Concerns of the Commission:  Why is the easement to connect to Essex Street at an angle that puts it into the resource area?  Could the easement be moved outside of the protected resource areas?  Have the proposed driveways for the subdivision dwellings been included in the drainage calculations?  The Commission raised their concern regarding the installation of a water line through a steeply sloped area.  The Commission asked the applicant to take into consideration the plan for snow removal and responsibility of the maintenance of the catch basin in the operations and maintenance plan. Response of the Applicant:  The easement is proposed to connect to Essex Street in order to make the lot more buildable.  The driveways for the subdivision dwellings were included for the drainage calculations to create a total cumulative amount of impervious surface area allowed for driveways.  In order to accommodate for the steep slopes on the area the applicant is proposing a retaining wall. The applicant can leave tree stumps during the “Lot D” dwelling construction to assist with drainage and erosion. On a motion by Ms. Dohan and seconded by Mr. Langseth, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 7:51pm ViewPoint Cloud Permit#CNOI-20-12 DEP 201-X Notice of Intent, 109 Reed Street (Lot D) Applicant: Todd Cataldo Project: Construction of a single family dwelling Documentation Submitted:  - Notice of Intent MassDEP Application with attachments, prepared by Richard Kirby, prepared for Todd Cataldo, dated 3/31/2020  Plans, “Permit Site Plan of Land”, prepared by Meridian Associates, dated 3/31/2020  Stormwater Analysis and Calculations, prepared by Meridian Associates, dated 3/31/2020  Engineering Memo, from Michael Sprague, to Karen Mullins, “109 Reed St Subdiv Lot D NOI Engineering Comments”, dated 4/21/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental Inc. and Mr. Mike Capachietti, project engineer with Meridian Associates presented before the Commission. The applicant is proposing to construct a single family dwelling within the 100 foot buffer zone of a bordering vegetated wetland. A retaining wall is proposed to be installed along the limit-of-work line which is in between the 25 foot and 50 foot buffer zone. Two infiltration systems are proposed on the rear and side of the dwelling. A wooden deck is proposed. Concerns of the Commission:  The close proximity of subsurface infiltration system #1 to the retaining wall.  The re-direction of water to abutting properties.  Can a vacuum access the rear of the house to maintain the infiltration systems? Response of the Applicant:  The applicant can install an impervious barrier to subsurface infiltration system #1 to ensure its functionality.  The applicant can install a slight swale to direct water towards the wetlands as opposed to the abutting properties. On a motion by Ms. Dohan and seconded by Mr. Langseth, 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 8:06pm Continued Public Meetings/Hearings 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 Additional Documentation Submitted:  Revised Plans, “Proposed Site Plan”, prepared by Unitera Consulting, signed and stamped by Zoltan Juhasz, dated 4/8/2020  Stormwater Analysis and Report, prepared by Unitera Consulting, signed and stamped by Zoltan Juhasz, dated 4/8/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental Inc. presented before the Commission. The applicant has conducted two additional test pits and a percolation test. The proposed rain garden was eliminated. Runoff from the house will be diverted to one large infiltration system in the front of the dwelling. A barrier will be installed in between the infiltration system and the foundation. The FENO markers were modified per the Commission’s comments. The applicant will allow portions of the lawn area to go fallow. On a motion by Mr. Beuttell 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 ViewPoint Cloud Permit #CNOI-20-7 DEP 201-1176 Notice of Intent, 4 Blinn Road Applicant: Steve Huntington Project: Deck Additional Documentation Submitted:  Restoration Planting Plan, prepared by Allyson Huntington Ms. Allyson Huntington presented before the Commission. The applicant is proposing to plan a wildflower mix in the wetland area as well as serviceberry and blue vervain along the side property line. The restoration area is akin to the size of the expanded deck. Concerns of the Commission:  The Commission asked the plants to be planted not in a linear pattern but rather a clumped pattern to establish better habitat diversity.  The Commission suggested planting a wetland seed mix instead of a wildflower seed mix.  The Commission asked to install more plantings along the rear of the existing shed.  The Commission asked the applicant to plant at least two shrubs on the property and to not use any cultivars in the planting plan. Response of the Applicant:  The applicant stated that they will submit a revised planting plan. 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 8:40pm ViewPoint Cloud Permit #CNOI-20-5 DEP 201-1178 NOI, 137 Wood Street Applicant: Mark Barons Project: Raze and rebuild of a single family dwelling Additional Documentation Submitted:  Revised Plans, “Proposed Single-Family Residence”, prepared by DeCelle-Burke-Sala & Associates, Inc., dated 4/8/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental Inc., Mr. Mark Barons, homeowner and Mr. James Decelle, project engineer presented before the Commission. The applicant presented a revised plan with stormwater management system trench drain details. Spot grades were added to the driveway. American beech, red maple and red oak trees were proposed to replace those being removed. Concerns of the Commission:  Will the hemlock hedge on the east side of the property be removed? Response of the Applicant:  The applicant intends on keeping the hemlock hedge. 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 8:46pm 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 Additional Documentation Submitted:  Revised Plans, “Compiled Site Plan Proposed Grading”, prepared by Wetlands Identification, dated 4/13/2020  Letter, “Alternatives Analysis Inner Riparian Zone”, prepared by David Sperduto, dated 4/13/2020 Mr. David Sperduto, project wetland scientist presented before the Commission. The applicant provided details regarding the permeable paver areas. The distance between the proposed retaining wall and pavers was increased to be 1.5 feet apart. The wall will be a stepped wall and will not exceed six feet in height. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to close the hearing. Ms. Samuels abstained. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Abstained Phil Hamilton – Aye DEP 201-1163 BL 1118 ViewPoint Cloud #CNOI-19-27 NOI, 91 Hartwell Avenue Applicant: John Cappellano Project: Construction of lab and office building, above ground parking garage and associated infrastructure On a motion by Mr. Langseth 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 David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye 9:01pm Continued New Business/Pending Matters Issue Certificate of Compliance: 149 Wood Street DEP 201-951 BL 909 VPC#COC-20-7 On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue the certificate of compliance. Ms. Samuels abstained. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Abstained Phil Hamilton – Aye Issue Order of Conditions: Hill Street DEP 201-1180 VPC#CNOI-20-9 On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the order of conditions. Mr. Beuttell recused himself. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Recused Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 7 Volunteer Way DEP 201-1179 VPC#CNOI-20-8 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the order of conditions. Record of vote as follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye David Langseth – Aye Holly Samuels – Aye Phil Hamilton – Aye Issue Order of Conditions: 15 Oxbow Road DEP 201-X VPC#CNOI-20-6 The Commission will vote on the order of conditions once a DEP file no. has been assigned. Issue Amendment to the Order of Conditions: 443 Lincoln Street DEP 201-1101 VPC#AOOC- 20-5 On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to issue an amendment to the order of conditions. A special condition was added that Ms. Mullins should be notified when the applicant is ready to install the pavers. 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 Issue Amendment to the Order of Conditions: 11 Sherburne Road DEP 201-1138 VPC#AOOC- 20-4 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to issue the amendment to the order of conditions. 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: 4-6-2020 On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to approve the meeting minutes. 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 Schedule Site Visits for 5/4/2020 Meeting The site visits will be conducted as normal. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee The Commission has been contacted by the Land Management Committee regarding gaps in the fence at Chiesa Farm. Ms. Mullins will look into what funds might be available in the conservation funds to possibly fix the fence. The Conservation Division has received many inquiries asking the town to implement dog leashing requirements during the COVID-19 crisis. The Commission decided it will strongly recommend dog owners to leash their dogs. 9:31pm On a motion by Ms. Samuels and seconded by Ms. Dohan, 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