HomeMy WebLinkAbout2020-10-19-CONCOM-min JS MORWIN
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PUBLIC MEETING MINUTES
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Conservation Commission Meeting broadcasted byLexMedia
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Monday, October 19, 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 limitations 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, Holly Samuels, Duke Bitsko
Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department
Assistant
6:30 PM New Business/Pendine Matters
6:37 PM
Issue Order of Conditions: 3 Goffe Road, ViewPoint Cloud 4CNOI-20-21, DEP 201-1192
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call 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
6:38 PM
Issue Amendment to Order of Conditions: 1010 Waltham St, ViewPoint Cloud 4AOOC-20-8,
DEP 201-1066, BL 1023
On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
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
6:39 PM
Request for Partial Certificate of Compliance: 45 Bedford St, ViewPoint Cloud 4 COC-20-20,
DEP 201-1097, BL 1054
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
to Issue the Partial Certificate of Compliance, subject to receipt of the updated as-built plan
adding the missing details and elevations to document drainage 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
6:42 PM
Request for Certificate of Compliance: 54 Solomon Pierce Rd, DEP File 4 201-168 (1984)
This request is in reference to work regulated by a final Order of Conditions that was issued on
December 20, 1984. Ms. Mary Trudeau, presenting on behalf of the current property owner,
stated that because the plan of record wasn't up to the same standards as a plan prepared this year
[2020] would be, she had to estimate where the wetlands had been in 1984. To the best of her
ability, she overlaid and traced the wetlands line and it met what was allowed in the Order of
Conditions.
On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call to Issue the 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
6:50 PM
Approve Minutes: 6-29-2020, 7-13-2020, 8-10-2020, 8-24-2020, 9-8-2020, 9-21-2020, 10-5-
2020
The Commission voted 7-0 by roll call to approve the Minutes of the 9/21/2020 Conservation
Commission 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
Schedule Site Visits for 11/2/2020 Meeting
The Commission voted to schedule the site visits for Saturday October 31, 2020.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee
Mr. Hamilton read a statement that he prepared for the town regarding running bamboo.
Outright ban would be an effective remedy with no outright costs. The Commission takes no
position on the bylaw. Mr. Duke Bitsko added that running bamboo should not be listed as an
invasive species because of the way it propagates (only invades from its own plant, not by bird,
wind, water, etc.). Ms. Mullins asked that, in the case the Commission would be in charge of
enforcement, would they then take a side? Mr. Hamilton stated that the Commission is not in
favor of policing what is going on outside of its jurisdiction.
Ms. Holly Samuels stated that a tree had fallen and blocked a path at Wright Farm and wanted
clarification on who would do the removing. Ms. Mullins assumed the DPW would need to
provide assistance, however there is a member of the Stewards who has volunteered to do the
clearing and this was approved. Ms. Dohan added that she is meeting someone at Wright Farm
on Thursday to discuss completing the Land Management Plan soon.
It was brought up that there are many complaints of community members not wearing masks
while at the Turning Mill parking area to access the Landlocked Forest. Ms. Mullins stated that
she will work on posting signage.
7:00 pm New Public Meetings/Hearings
7:10 PM
ViewPoint Cloud Permit 4CNOI-20-26, DEP 201-1194
Notice of Intent, 8 Winding Road
Applicant: Michael Capachietti, Meridian Associates, Inc.
Project: construction of an extension of a patio off an existing single family home. The extension
is within the buffer zone of Bordering Vegetated Wetland.
Documentation Submitted:
-Permit Site Plan of Land, prepared by Meridian Associates Inc., David S. Kelley PE
No. 49369, dated 9/18/2020
-WPA Form 3 Notice of Intent, prepared by Meridian Associates, Inc., David S.
Kelley PE No 49369, dated 9/18/2020
-Routing Diagram for 3894-Lot 9 Minor Mod,prepared by Meridian Associates, Inc.,
dated 9/14/2020
Michael Capachietti, representative from Meridian Associates, and Jamie Osborn with Finnegan
Development, presented to the Commission. Mr. Capachietti stated that he surveyed to determine
the best way to capture water and infiltrate it. He is proposing adding another unit to the existing
system and a stone trench with pervious pipe to be wrapped in an impervious barrier.
Concerns of the Commission:
-In the analysis for handling the 100 year storm from the patio, is that handled within
the incremental storage that is added to the infiltration system, or does it use existing infiltration
space? In other words, is the applicant adding enough capacity to the existing to fully handle and
capture the 100 year storm?
Response of the Applicant:
-Fully capturing all the runoff, there is none coming from that towards the wetlands.
-Separately sized the system.
Mr. Langseth added that this is a conservative approach, it is being treated as though there was
no runoff in pre-existing conditions. This is more protective in terms of infiltrative water.
On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll
call 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 4CDOA-20-28
Request for Determination of Applicability, 209 Waltham Street
Applicant: William Erickson, Bechtel Frank Erickson Architects Inc.
Project: Construct a covered, open porch(318 SF)with a 180 SF Patio. Work to be performed
outside of the 100 foot Wetland Buffer with an increase in impervious surface.
Documentation Submitted:
-Project Description, Porch and Patio Improvement, prepared by Bechtel Frank
Erickson Architects, not dated
-Porch and Terrace Drawings and Plans, prepared by Bechtel Frank Erickson
Architects, dated 7/8/2020
-WPA Form 1: Request for Determination of Applicability, prepared by William
Erickson, Bechtel Frank Erickson Architects Inc., dated 9/28/2020
-Engineering Drainage Calculations, prepared by Gala Simon Associates, Inc.,
Alberto M. Gala PE No. 36434, dated 9/21/2020
William Erickson, architect with Bechtel Frank Erickson Inc., presented to the Commission. The
applicant is proposing to cover a deck that was built in 2008 when the original Order of
Conditions was issued. Mr. Hamilton mentioned that the Commission will not issue the negative
determination until the Engineering Department issues an approval memo. Mr. Erickson
apologized as he could not download the Engineering comments and was not aware that the
stormwater analysis was not in compliance.
Mr. David Langseth mentioned that there appeared to be a landscape disposal site on the
property that was seen during the site visit. Mr. Erickson stated that the homeowners were made
aware and have already removed the materials.
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
to continue the hearing at the applicant's request to Monday, November 2, 2020.
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
7:36 PM
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 Dates: 8/10/2020, 8/24/2020, 9/8/2020
Supplemental Documentation: None
Mr. Alan Roscoe with Core States Group requested a continuance to the next meeting on
November 2, 2020.
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 4CNOI-20-25, DEP 201-1195
Notice of Intent, 22 Village Circle
Applicant:Dinesh Shanthappa and Savitha Shvaiah
Project: Construct a two-story garage addition and a front entry porch within the 100-foot buffer
zone from a Bordering Vegetated Wetlands
Previous Meeting Dates: 10/5/2020
Supplemental Documentation:
-Engineering Comments, prepared by Michael Sprague, dated 10/1/2020
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
to continue the hearing to November 2, 2020 at the applicant's request to address stormwater
concerns with the Engineering Department.
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
7:40 PM
ViewPoint Cloud 4CNOI-20-24, DEP 201-XXXX(Pending DEP issuance)
Notice of Intent, 43 Sanderson Road
Applicant: Evan Freeman
Project: Construction of an expanded deck within the 100 foot Buffer Zone from a Bordering
Vegetated Wetlands
Previous Meeting Date: 9/8/2020, 9/21/2020, 10/5/2020
Supplemental Documentation: None
On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 7-0 by roll call to
continue the hearing to November 2, 2020 because there is still no DEP number.
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
7:43 PM
Duke Bitsko spoke to the Commission about the MVP grant awarded through the Resilient
Mystic Collaborative. This is to sponsor a design for a stormwater wetland with the purpose of
holding back water and improving water quality.
8:00 PM
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
to adjourn the meeting at 8:01 PM
Respectfully Submitted,
Meghan McNamara
Conservation Department Assistant
Approved: 11/2/2020
Submitted: 11/3/2020