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HomeMy WebLinkAbout2020-10-05-CONCOM-min 1 JS M0RWIN ?�G 2W O O ,Q a a PUBLIC MEETING MINUTES _ � n Conservation Commission Meeting broadcasted byLexMedia APRIL IY— LFXING'�O� Monday, October S, 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 was held remotely via Zoom, an online meeting platform. Public Participation via calling in or using your computer is encouraged. Commissioners Present: Philip Hamilton, David Langseth, Kevin Beuttell, Alex Dohan, Ruth Ladd, Holly Samuels (not present, Duke Bitsko) Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 pm New Business/Pendine Matters Request for an Extension to the Order of Conditions, 10 and 12 Rangeway Road, ViewPoint Cloud# EXTO-20-6 , DEP File # 201-1063, BL 1020, extend one year from 11/13/2020 to 11/13/2021 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call to extend the Order of Conditions by one year. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye 2 Holly Samuels —Aye Phil Hamilton—Aye Issue Order of Conditions: Revere Street, Parker Meadow Conservation Area, ViewPoint Cloud 4CNOI-20-23, DEP 201-1193 On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Order of Conditions: 400 Shire Way ViewPoint Cloud 4CNOI-20-22, DEP 201-1191 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:41 PM Issue Partial Certificate of Compliance: 7 Lois Lane, ViewPoint Cloud 4 COC-20-14, CNOI- 19-9, DEP File 4 201-1152 Ms. Mullins stated that she visited the site and it is in compliance, with an ongoing condition of monitoring the plantings. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call to issue a Partial Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye 3 Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Request for Certificate of Compliance, 54 Solomon Pierce Rd, DEP File 4 201-168 (1984) The request was submitted within the last week to Karen Mullins, however Ms. Mullins did not have the opportunity to review the information and asks the Commission to review this at the next scheduled meeting. Request for Insignificant Plan Change, 72 Kendall Rd, ViewPoint Cloud 4CNOI-20-10, install helical pier footingto o support existing room at back of house On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call to approve the Insignificant Plan Change. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Special Fall Town Meeting 2020 Articles: Discussion and Support There are three items on the Special Fall Town Meeting Agenda that Mr. Hamilton felt appropriate for the Conservation Commission to discuss, and express either approval or disapproval on the items. Climate Emergency: The Commission voted to support and is in favor. Planning Regulation to set a two-foot minimum between the bottom of the basement and groundwater: voted to support this zoning bylaw. Running Bamboo: The Commission originally voted against this proposal, stating that it would be more appropriate given the aggressiveness of bamboo and that it would be better to just prohibit it. The proposal is that the enforcement would be coming from the Conservation Commission or the DPW, and the Commission felt that it was far outside of their current jurisdiction, but also that if the proposal is not protecting the functions of a wetland, then it is not part of their role. Ms. Mullins stated that, under the revised proposal, the Town Manager would designate which staff would handle the situation if there was a complaint. Ms. Mullins added that the bylaw doesn't address the issue unless the property owner of where it's coming 4 from addresses the issue, or not until the neighbor removes it. Mr. Michael Reamer stated that the bylaw does not require the person who plants the bamboo to contain it unless it reaches 4 feet from the lot line. The bylaw also does not require the town to penalize the homeowner,just that they may, and that it assumes people will act in good faith. Mr. Reamer feels that it would be helpful for the Conservation Commission to make a statement that the spread of running bamboo is a problem. Existing bamboo will be grandfathered in and there would be no constraint on its trespassing and no enforcement penalty. Ms. Mullins asked how the bylaw would address the existing 10 properties and whether or not the town would be responsible for the removal. Mr. Reamer responded saying that it would be the responsibility of the property owner to remove it, never the town. If it trespasses again, then the owner of the property where it came from would be subject to the enforcement. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call to support a statement that the Commission recognizes that running bamboo is a problem where it exists and does not oppose measures to control it, but favors prohibiting it instead. In the interest of time for the attendees, the remaining New Business/Pending Matters will be discussed towards the end of the meeting. 7:17 PM (44:20 for recorded meeting provided by LexMedia) 7:00 PM New Public Meetings/Hearings ViewPoint Cloud 4AOOC-20-8, DEP 201-1066, BL 1023 Amendment to the Order of Conditions, 1010 Waltham Street Applicant: Brookhaven at Lexington Inc. Project: Construct 11 additional parking spaces along with required stormwater management system improvements to mitigate for the increase in impervious surfaces on the site. Documentation Submitted: -960-1010 Waltham St AOOC Comments, Michael Sprague, dated 9/17/2020 -Parking Expansion Response, Kyle Burchard, P.E., dated 9/24/2020 -Stormwater Management Analysis, prepared by Goldsmith, Prest& Ringwall, Inc., dated 7/14/2020 -Supplemental Parking Minor Site Plan, prepared by Goldsmith, Prest& Ringwall, Inc., dated 8/21/2020 -Cover Letter, Application for Amended Order of Conditions, James R. Borrebach, P.E., L.S.P., dated 9/l/2020 Jim Borrebach, President of OHI Engineering, Inc., presented to the Commission, proposing an additional 11 parking spaces (5 just south of the new driveway that serves the expansion and 6 at the other location). Mr. Borrebach stated that the designed infiltration areas capture roof runoff to deal with the addition of impervious surfaces, and that there is an overall decrease of rate and volume. Concerns of the Commission: 5 -Referring to the engineering report,the word `negligent' should have been `negligible' -Witnessed plastic-covered erosion control during a site visit, this is something the Commission does not allow. -If the erosion control is acting as more temporary and will be removed, it is harder to use because it doesn't hold up and needs to be changed a lot. -If under bridge, concerned about trapping the animals. Responses of the Applicant: -Additional erosion control has been placed. -Material [plastic] can and will be removed prior to filing the COC. -This is off to the east,just a temporary measure until plants are installed. -Does not extend under the bridge. -The entire site drains down to the cross culvert, crossing under Brookhaven driveway at Waltham Street. All contributing areas discharge to that location. Mr. Langseth stated that CB-3 is a constructed watershed, created by the project, and he would be okay with waiving the normal requirements. Mr. Langseth then asked what is preventing them from fully complying with no increase in rate for CB-3 and CB-4. Mr. Borrebach responded saying that it is possible to add additional units to infiltrate at CB-4 and could be done if asked to do so. Mr. Langseth was in favor of requiring an additional row of infiltrators. It was stated that there is a net reduction shown on the drain summary chart. There is an increase relative to the original submittal, however it is still exceeding requirements of the bylaw just by a less amount than what was originally approved. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call to Approve the Amendment to Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye ViewPoint Cloud 4CDOA-20-27 Request for Determination of Applicability, 378 Woburn Street Applicant: Charles DeFrancesco Project: Remove vegetation and site grading and landscaping associated with the demolition and reconstruction of a single-family dwelling within the 100-foot buffer zone of a Bordering Vegetated Wetland Documentation Submitted: 6 -Plot Plan, prepared by Cyprus Design Inc., Kevin E. Danahy, LS No. 39683, dated 9/4/2020 - Plot Plan, prepared by Cyprus Design Inc., Kevin E. Danahy, LS No. 39683, dated 8/7/2020 -Description of Work, Notice of Intent Filing, not dated -GIS Wetlands Map, Town of Lexington, dated 7/31/2020 -USGS Topographic Map, dated 9/6/2020 -Mass DEP WPA Form 1- Request for Determination of Applicability, dated 9/8/2020 Ms. Mary Trudeau, Wetland Consultant, representing the homeowner, presented to the Commission. Ms. Trudeau stated that this is an attempt for the homeowner to remedy an enforcement issue that occurred when he, the homeowner, began to strip and clear the lot without prior consent from the Conservation Commission. Ms. Trudeau also stated that erosion controls were in place when the work began and this request will allow the contractor to restore to a vegetated landscape. Ms. Mullins stated that,though the work itself is not within the Conservation Commission's jurisdictional area, the homeowner, having stripped this jurisdictional plot without permit approval, the proposed work can now be regulated. In addition, Ms. Trudeau stated that there are stockpiles in the jurisdictional area. Concerns of the Commission: -Are active measures in place to ensure that water is directed elsewhere, rather than the wetland? -What is the proposal for restoration? -The limit of work line for construction should be at least as far from the wetland as shown on the plan. -Would like to see a planting plan with more ecological value since the Commission does not have evidence of vegetation prior to the lawn being stripped and cleared. -Would like to see strong fencing along the 100 ft buffer zone and to establish a stronger limit of work. Response of the Applicant: -Ms. Trudeau believes that the property owner will be installing an infiltration system under town stormwater bylaw, but not in a jurisdictional area. -Intention is to restore with loam and seed. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call to issue a Negative Determination with conditions, one condition being that the planting plan must be acceptable to Ms. Mullins. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye 7 Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye ViewPoint Cloud 4CNOI-20-25, DEP 201-XXXX 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 Documentation Submitted: -Wetland Delineation Report,prepared by Joseph H. Orzel, Senior Wetland Scientist, Wetlands Reservation Inc., dated 5/1/2018 -Conservation Plan, prepared by Rober Survey, dated 6/22/2018 -Drainage/Grading Plan, prepared by Gala Simon Associates Inc., Alberto M Gala No. 36434, dated 8/12/2020 -Engineering Drainage Calculations, prepared by Gala Simon Associates, Inc., dated 8/12/2020 -Description of Work, Notice of Intent Filing, not dated -National Flood Hazard Layer FIRMette, FEMA, dated 9/13/2020 -Image of Front of House/Driveway, submitted 9/14/2020 -MA DEP WPA Form 3-Notice of Intent application, dated 9/14/2020 -22 Village Circle, Lexington: Town GIS Wetlands and Natural Resources, dated 9/13/2020 -USGS Locus: 22 Village Circle, Lexington, MA, dated 9/13/2020 Ms. Mary Trudeau, Wetland Consultant, presented to the Commission. This property is surrounded by Bordering Vegetated Wetlands on three sides and involves construction of the porch along the front of the house and taking a portion of the existing driveway and replacing it with a 24x24 square foot addition, removing a small area of impervious surface. Ms. Trudeau noted that the proposed front-facing garage will allow for a narrower driveway. Concerns of the Commission: -Is there a DEP file number? -There is no mention of Feno markers. -Demarcating the edge of the wetland would be acceptable. Responses of the Applicant: - Will restore a vegetated buffer between the house and the closest flag. -Most suitable location for infiltration is in the front yard of the house. Not able to take roof runoff from addition. -Gravity fed and works better. Forced to evaluate only the front yard for infiltration. -Can put in Feno markers; 25 foot buffer runs through the house. 8 -Proposed planting along the upper edge of wetland. Adding some native woody plants would speed along the transition to a woodier community. Will be added to the application. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call to continue the hearing to the next meeting on October 19'', 2020 at the applicant's request. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Continued Public Meetings/Hearings ViewPoint Cloud 4CNOI-20-21, DEP 201-1192 Notice of Intent, 3 Goffe Road Applicant: Lily Y Li Family Trust, Frank Hsieh and Lily Li, Trustees Project: Demolish in-ground pool and construct addition Previous Meeting Date: 9/21/2020 Documentation Submitted.- -Revised ubmitted:-Revised Plot Plan, prepared by Scott M. Cerrato, No. 50049, dated 9/30/2020 -Stormwater Analysis, prepared by Sullivan Engineering Group, LLC., John (Jack) D. Sullivan III, PE No. 41586, dated 9/27/2020 -Submittal Letter, submitted by Maureen Herald, Norse Environmental Services, Inc., dated 9/30/2020 Maureen Herald with Norse Environmental Services, presented to the Commission. Wetland flag IA had been adjusted 5 feet upgradient and the plan was revised to include the soil probe locations and flag change. This is now in compliance, per Michael Sprague, of the Engineering Department. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call to close the hearing. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye 9 Phil 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, 8/24/2020, 9/8/2020, 9/21/2020 Documentation Submitted: -Memo Response to Abutter Concerns, submitted by Pamela J. Brown, Esq. FAICP, dated 9/21/2020 -Rebuttal to Church Response of September 21, 2020 to Abutter's, Joyce Balich's, Comments, not dated -Request for Continuation Memorandum, submitted by Pamela J. Brown, Esq. FAICP, dated 9/21/2020 Applicant not present for the meeting. Ms. Mullins had not received any additional information or calculations as previously requested, adding that there is still an enforcement issue with the shed having already been relocated without a permit. Concerns of the Commission: - Location of the shed does not comply with bylaw and drainage. - Shed should be moved outside of the buffer zone and shrubs planted in its place. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call to issue a Positive Determination of Applicability. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 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 Documentation Submitted: -Peastone Expansion, prepared by Wetlands Identification, dated 9/21/2020 10 On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 6-0 by roll call to continue the hearing until the next meeting on October 19, 2020, at the applicant's request. The Commission will vote to close the hearing when a DEP number is issued. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Continued: New Business/Pendine Matters (1:42:50 for recorded meeting provided by LexMedia) Approve Minutes: 6-29-2020, 7-13-2020, 8-10-2020, 8-24-2020, 9-8-2020, 9-21-2020 No minutes were approved during the meeting. The Commission will work towards approving these minutes at the next meeting. Schedule Site Visits for 10/19/2020 Meeting Site Visits are scheduled for Saturday, 10/17/2020 at 9:00 AM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Ms. Holly Samuels, on behalf of the Land Stewards, presented an update on the Hayden Woods boardwalk repairs. The Stewards are working to put together a Notice of Intent Application and are requesting permission to remove the existing debris on/near the boardwalk and salvage remaining parts of the structure. Keith Ohmart confirmed that the area around the boardwalk is dry and there will be no issues accessing the structure. Ms. Mullins confirmed that the debris can be removed. Mr. Hamilton provided a brief statement regarding the possible land acquisition of a site on Highland Avenue. Ms. Dohan provided a brief update regarding the Wright Farm Management Plan. Ms. Mullins said that she was waiting on Jeff Collins to submit a proposal before moving forward. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call to adjourn the meeting. 11 Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:34 PM Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 11/30/2020 Submitted: 12/1/2020