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PUBLIC MEETING MINUTES
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Conservation Commission Meeting broadcasted byLexMedia
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AGENDA Monday,August 24, 2020, 6:30p.In.
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 was held remotely via Zoom, an online meeting
platform. Public Participation via calling in or using your computer was encouraged.
Commissioners Present: Philip Hamilton, David Langseth, Kevin Beuttell, Alex Dohan, Ruth
Ladd (arrived at 6:50 pm), Duke Bitsko and Holly Samuels
Staff Present: Karen Mullins, Conservation Director and Sharon Coffey, staff assistant
DIRECTIONS TO ATTEND MEETING
Please click the link below to join the webinar:
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Or Telephone:
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Webinar ID: 936 8688 7141
International numbers available: https://zoom.us/u/adMQX91CZx
6:30 pm New Business/Pendine Matters
Issue Orders of Conditions: 29 Constitution Rd ViewPoint Cloud 4CNOI-20-18, DEP File #
201-1187
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by a roll
call vote to issue the Order of Conditions.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
Issue Orders of Conditions: 25 Peacock Farm Road ViewPoint Cloud 4CNOI-20-16, DEP File
4201-1188
On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 7-0 by a
roll call vote to the Order of Conditions.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
Issue Orders of Conditions: 29 11 Norton Rd, ViewPoint Cloud 4CNOI-20-20, DEP File 201
XXX (pending issuance of DEP File #)
The Conservation Administrator stated the applicant has not provided a DEP file number.
Schedule Site Visits for 9/8/2020 Meeting
The Commission determined that the site visit will take place on Thursday September 3, 2020
at 5:30 pm.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward
Directors, and Tree Committee
Mr. Langseth reported that, along the powerlines off Turning Mill Road, to upgrade the
road they are using erosion control of straw with plastic netting.
The Conservation Administrator stated these materials are used because they are short
phase projects. They go in, put the gravel in, and take them out right after. The
Commission would like them to use a different material if that is possible.
Mr. Langseth stated they have not taken them out and the project is done.
The Conservation Administrator will follow up.
Ms. Ladd reported someone has been treating poison ivy in the area between Lincoln
Field and Worthen Road along the boardwalk. It is all wetland or a buffer.
The Conservation Administrator will follow up.
7:00 pm
New Public Meetings/Hearings
ViewPoint Cloud Permit 4CDOA-20-25
Request for Determination of Applicability, 23 Ledgelawn Avenue
Applicant: Heike Arendt
Project: Expand existing deck by 80 sf and construct a 170 sf brick walkway in modified
location to replace the existing concrete and slate 195 sf walkway
Documentation Submitted:
-MassDEP Request for Determination of Applicability application dated 7/28/2020
-Project Plans showing existing conditions plan and detailed project description showing
proposed plan uploaded 7/17/2020
Heike Arendt, of 23 Ledgelawn Avenue, stated they propose to expand the deck by 80 square
feet, turn the stairs to face the backyard, and remove the slate concrete walkway to replace it
with a brick walkway that will take up 170 square feet.
Concerns of the Commission:
- As the applicant takes out the slate and puts in the brick, will there be any dirt
spoils to deal with? If so, what is the plan to deal with the spoils?
Responses of the Applicant:
- The excavation will happen in one day and under the deck there will be 6 inches of
gravel.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll
call vote to issue a Negative Determination with conditions.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
Continued Public Meetings/Hearings
ViewPoint Cloud Permit 4CDOA-20-22
Request for Determination of Applicability, 1060 Waltham Street
Applicant: Grossman Companies
Project: Re-Use an existing Drainage connection to a municipal storm drain
Previous Meeting Date: 811012020
Documentation Submitted: No new information provided to address stormwater management
compliance
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll
call vote to continue the hearing until September 8, 2020 at the applicant's request.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
ViewPoint Cloud Permit 4CDOA-20-21
Request for Determination of Applicability, 196 Woburn Street
Applicant: Pamela Brown
Project: Shed relocation
Previous Meeting Dates: 7/27/2020, 8/10/2020
Supplemental Documentation Submitted: No new information submitted to address 811012020
meeting comments
Sonny Ferrante, presented before the Commission. He stated that he uploaded the plans late.
He did not realize there was a deadline.
The Commission stated they have not seen the new plan.
Mr. Ferrante stated that the plan is to rotate the shed so it sits outside the buffer zone and the
doors face the detention pond.
Concerns of the Abutters:
- Asked the applicant to add shrubbery to block the view of the parking lot and shed.
Mr. Ferrante stated he cannot say for sure but will communicate that to the property owner.
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 September 8, 2020 at the applicant's request.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
ViewPoint Cloud Permit 4CNOI-20-19, DEP File # 201-1189
Notice of Intent, 1050 Waltham Street
Applicant: Nicholas Skoly, VHB
Project: Redevelopment of Commercial Property to construct new commercial building and
parking garage
Previous Hearing Dates: 7/27/2020, 8/10/2020
Supplemental Documentation Submitted: None
Nicholas Skoly, VHB, presented before the Commission. He stated they obtained the DEP file
number, they reviewed the response from engineering, and they updated a few descriptions in
the storm water report. Engineering was satisfied and they now have everything they were
waiting for.
Alan Roscoe, Civil Engineer with Chase Bank, an abutter, asked the applicant where the
project stands now.
Mr. Skoly stated the construction will start when they receive site plan approval.
On a motion by Mr. Langseth and seconded by Mr. Dohan, the Commission voted 7-0 by roll
call vote to close the hearing.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
ViewPoint Cloud 4CNOI-19-27, DEP 201-1163, BL 1118
NOI, 91 Hartwell Avenue
Applicant: John Cappellano
Project: Construction of lab and office building, above ground parking garage and associated
infrastructure
Previous Hearing Dates: 11/18/2019, 2/24/2020, 5/18/2020, 6/15/2020, 7/13/2020, 7/27/2020,
8/10/2020
Supplemental Documentation Submitted:
Full Set of Site Plan Review and NOI Plan Set Part 1, 2 and 3, last Revised 811 712 02 0
Rich Kirby, LEC, presented before the Commission. He stated the designs were finalized,
essentially a filtration system within the right of way and a Stormsceptor unit at the end of
Hartwell place have been reviewed and are acceptable to the engineering department. At this
point the Conservation Commission has the same plan set as the Planning Board and they are
looking to close the Hearing tonight which would enable the Planning Board to close at their
next meeting.
Mr. Hamilton stated that the only thing to keep them from closing tonight is that the engineering
report states there are phosphorus reduction calculations that they have not yet received and this
really has to be part of the record.
Rich Kirby stated that the phosphorus reduction calculations have nothing to do with meeting the
DEP standards for stormwater management or the Town standard for stormwater management.
Paul Finger, Paul Finger Associates, presented before the Commission. He stated they have met
the requirements that they were looking for. They are providing a filtration system. There are no
standards to meet- it's just data to put in the file for additional information.
Concerns of the Commission:
- The Engineering report requested that the hearing remain open until the calculations
are submitted.
- Stormwater design on Hartwell Place
- There was a one year rate that was not being met. These improvements are supposed
to mitigate that.
- On the water quality trench, does the liner go all the way around the bottom?
- Why would you want saturated material underneath that lower pipe?
- Bioretention soil mix - stay there forever or does it get changed?
Responses of the Applicant:
- They have a different version that does not have the Engineering Department's request
that the hearing remain open, so they were not aware of that request.
- Stormwater design and water quality trench on Hartwell Place was explained.
- If they could have achieved that they would have. They did 5 test pits along the roadway.
To be able to get pipes in there, they couldn't maintain the distance between the high
ground water and the infiltration. The best they could do is the water quality trench.
- Yes it wraps completely around and on the bottom. It overlaps on the top.
- Don't have an answer for that.
- Over a period of time, some improvements do have to be made.
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 September 8, 2020 at the applicant's request, for the sole
purpose of receiving the phosphorus reduction calculations.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call to adjourn the meeting at 7:52 PM.
Record of vote as follows:
Ruth Ladd—Aye
Kevin Beuttell—Aye
Alex Dohan—Aye
David Langseth—Aye
Holly Samuels —Aye
Duke Bitsko —Aye
Philip Hamilton—Aye
Respectfully Submitted,
Meghan McNamara
Conservation Department Assistant
Approved: 11/2/2020
Submitted: 11/3/2020