Loading...
HomeMy WebLinkAbout2020-05-18-CONCOM-min OVS MORPVI"G Off` OP aw PUBLIC MEETING MINUTES APRIL 19- Conservation Commission Meering broadcasted by LexMedia 't IN G'j0 AGENDA Monday, May 18th 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, Kevin Beuttell, Duke Bitsko, Alex Dohan, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Katie Luczai, Staff Assistant 6:30 pm New Business/Pendine Matters Approve Insignificant Plan Change: Engineering/Wright Pierce, Marshall Rd Pumping Station, Construct retaining wall to accommodate grade changes and revised native planting plan Mr. Dave Pavlik of the Lexington Engineering Dept. presented the revised planting plans to the Commission. All recommended changes by the Commission were included on the revised plans. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the plan changes. 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: 18 Cooke Road, construction of a deck and fence Mr. Zoltan Juhasz, project engineer and applicant,presented before the Commission. Mr. Juhasz proposed to install a fence surrounding the dwelling, ranging in height from 4-6 feet. The fence would follow the rip-rap wall in the rear of the property. The fence would be installed manually with the posts of the fence being installed by a manual hammer device. If the contractors run into rocks while installing the posts then they will shift the fence accordingly. The applicant additionally proposed the construction of a deck outside of the 50 foot buffer zone. There will not be an increase in stormwater runoff. On a motion by Mr. Langseth and seconded by Ms. Ladd, 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 Ratify Emergency Certificate for 27 Burlington St to abandon failing septic tank and construct town waste water system connection The Commission will discuss this at a later date. Issue Orders of Conditions: 4 Demar Road 4CNOI-20-10 DEP 201-X On a motion by Ms. Ladd and seconded by Ms. Samuels, 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: 109 Reed Street(Roadway) 4CNOI-20-11 DEP 201-1183 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 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 Certificate of Compliance: 145 Grove Street DEP 201-962 BL 920 Mr. David Sperduto presented before the Commission. The restoration planting has had an 88% success rate. The outstanding issues, particularly the outdoor fireplace, has been removed and resolved. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote 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 Review request for Chiesa Farm fence Chairman Hamilton has asked Mr. David Williams, Chair of the Chiesa Farm sub-committee to get an estimate for the repairmen of the fence. Approve Minutes: 5-4-2020 On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the meeting minutes pending recommended edits. 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 Schedule Site Visits for 6/l/2020 Meeting Site visits will be conducted as normal. 7pm Continued Public Meetings/Hearings ViewPoint Cloud Permit 4CNOI-20-13 DEP 201-1181 Notice of Intent, 501 Marrett Road Applicant: Town of Lexington Recreation Dept. Project: Bathhouse renovations and wetland restoration Previous Hearing Dates: 5/4/2020 Additional Documentation Submitted: - Project Plans, "Site Plan of Land", prepared by Noonan & McDowell, dated 3/5/2020, rev. date 5/7/2020, signed and stamped by John L. Noonan PE436821 - Plans, "Old Reservoir Bathhouse, 80% CD-Review Set", prepared by Colin Smith Architecture, Inc., dated 3/24/2020, rev. 5/8/2020 Mr. John Noonan, project applicant, presented before the Commission. Following the previous meeting, the applicant submitted revised plans showing the relocated shed and additional construction fencing. Details were provided regarding the cross section of concrete and crushed stone for the bath house renovations. The planting area was expanded. 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 Vote to Issue Order of Conditions if hearing is closed. On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 7:13pm New Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-10 Request for Determination of Applicability, 44 Hartwell Avenue Applicant: ARE—MA Region No. L6 LLC Project: EV Charging Station Installation Documentation Submitted: - MassDEP Request for Determination of Applicability application with attachments, prepared by ARE—MA Region No. L6, LLC, date 3/31/2020 - Project Plans, "Eversource Electric Vehicle Charging Stations", prepared by Maverick, dated 1/23/2020, Sheets 1-14 - Plans, "Eversource Environmental Resource Map", June 2019 - Eversource Environmental Affairs Department Project Review Response Form, "Ev Charging Station", date 6/4/2019 Ms. Dawn Leaman, property manager, Mr. Nicholas Tate, project consultant and Mr. Sean Tully from Eversource, presented before the Commission. The applicant is proposing to install an electrical vehicle charging station within the floodplain. The station and its associated cables, conduit and bailers will be installed in the existing sidewalk and parking lot. They will be excavating, installing the equipment then covering with asphalt and sidewalk. Concerns of the Commission: - How much volume is being taken up with what is being installed? - Where is the equipment exactly within the floodplain? Reponses of the Applicant: - The applicant will figure out what amount of the floodplain is being affected by the equipment and calculate the appropriate flood compensation for it. 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 June 1, 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 7:29pm ViewPoint Cloud Permit 4AOOC-20-7 DEP 201-1095 BL 1138 Request to Amend Order of Conditions Applicant: Fred Russell o/b/o 11 Sherburne Road LLC Project: Roof overhang Documentation Submitted: - Letter, from Frederick W. Russell, to Lexington Conservation Commission, Re: "11 Sherburne Road, DEP File No. 201-1138; BL 1095", dated 4/23/2020 - Project Plans, prepared by RDK Architects, "Addition and Renovation", rev. date 1/26/2020 - Drainage Analysis, prepared by Frederick W. Russell, dated March 26, 2019, rev. April 23, 2020 Mr. Fred Russell, project engineer, presented before the Commission. The applicants are before the Commission to gain the approval for an additional 50 sq. ft. of overhang around the dwelling. The drainage collected by the overhang is collected by the gutters and piped into the infiltration system. Revised drainage calculations were provided. The revised engineering calculations still needs to be reviewed by the Engineering Department and the permit fee has not been paid. On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to continue the hearing until June 1, 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 Continued Public Meetings/Hearings ViewPoint Cloud Permit#CNOI-20-12 DEP 201-1183 Notice of Intent, 109 Reed Street Applicant: Todd Cataldo Project: Construction of a single family dwelling Previous Hearing Dates: 4/21/2020, 5/4/2020 Additional Documentation Submitted: - None On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 to continue the hearing until June 1, 2020 at the applicant's request. ViewPoint Cloud Permit 4CNOI-20-14 DEP 201-X Notice of Intent, 840 Emerson Gardens Applicant: Seaver Construction Project: Residential subdivision Previous Hearing Dates: 5/4/2020 Additional Documentation Submitted: - Engineering Memo, from Michael Sprague, to Karen Mullins, "840 Emerson Gardens Rd Subdiv NOI Engineering Comments", date 5/8/2020 - Project Plans, revised Sheets 7 and 8, "Landscape Details", prepared by Laurie Tarr Ellsworth, dated 4/5/20 (2 Sheets) - Invasive Plant Management Plan for 840 Emerson Gardens Road, prepared by Mary Trudeau, Wetlands Consultant(8 pages), dated 5/11/20 - Project Plans, "Lexington Meadows, 840 Emerson Gardens Road Definitive Residential Balanced Housing Development", prepared by and signed and stamped by Frederick W. Russell, PE, dated 4/7/2020, rev. 5/11/20 Ms. Mary Trudeau, project consultant, presented before the Commission. Per the Commission's request,the applicant submitted an invasive species management plan and additional planting details. A construction easement has been added to the site to allow town access to work on the Brook on the property. The applicant looked into relocating the four parking spaces closest to the brook but were unable to move them due to limited space. An additional walking path was added from the carport to the conservation area. Concerns of the Commission: - What is the fire lane access constructed of? Will it be permeable? - Will the ground surface be treated? Response of the Applicant: - The fire access lane will be constructed of dense grade gravel with crushed stone underneath. Construction details will be added to the plans. The fire access lane was originally calculated as permeable in the drainage calculations. - If a ground surface area greater than 100 sq. ft. remains then it will be planted with lowbush blueberry or sheep laurel or a mixture of sugar maples and white pines. The applicant intends to plant a seed mix to transition open spaces from grassy areas into a more wooded area. A condition will be added to the Order of Conditions to test the proposed fire access lane materials to ensure that it is permeable before the complete installation of the lane. An acceptable infiltration rate will be established in the Order of Conditions. Additionally, a new Conservation Restriction will be established as a condition prior to work on site commencing. 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 8:06pm ViewPoint Cloud Permit 4CDOA-20-9 Determination of Applicability, 119 Concord Avenue Applicant: Gobichettypalayam Sathish and Narayan Minal Project: Addition to a single family dwelling Previous Hearing Dates: 5/4/2020 Additional Documentation Submitted: - Memo, "Proposed changes for 119 Concord Ave, Lexington, MA", dated 5/8/2020 - Project Plans, "4119 Concord Ave Restoration Sketch Plan of Land", prepared by Glossa Engineering Inc., signed and stamped by John F. Glossa, PE432398, dated 5/9/2020 Mr. John Glossa, project engineer, Mr. William Shafer, project architect and Ms. Karon Skinner Catrone, wetland scientist, presented before the Commission. The applicant has confirmed that the two story addition will be constructed on the existing concrete slab. The existing downspouts will now be directed towards to the drywell on the property. Plantings were added in the 25 foot buffer zone. Concerns of the Commission: - What is the height of the retaining wall in the rear of the property? - Is the mulch in the play area going to remain? - Can the applicant relocate the play area to be further away from the protected resource areas? - Provide details regarding excavation, FENO markers, compost sock and the rain garden. Response of the Applicant: - The retaining wall varies from 6-8 feet in height at about a 1:1 slope. - The mulch in the playing area is going to remain. - The play area can be moved further from the resource areas. The Commission asked the applicant to plant a seed mix in addition to a leaf mulch to replace the existing mulch in a newly re-located play area which should be at least 30 feet from the protected resource areas. It was determined that enforcement for outstanding issues on the property will be resolved with the issuance of the Determination of Applicability at large. The Commission noted that it would be added as a condition to verify during the construction process that the existing concrete slab will be used for the two story addition. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing until June 1, 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 8:32pm 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 Additional Documentation Submitted: - Project plans, "Wetland Replication Area", prepared by Paul Finger Associates, dated 4/20/2020, Scale: 1"=30' (4 Sheets) - Letter, from Paul Finger Associates, to Conservation Commission, "Peer Review Completeness and Technical Compliance Letter, 91 Hartwell Avenue, Lexington, MA", dated 4/8/2020 (12 pages), rev.4/20/2020 (20 pages) - Project plans, "Test Pit Location Plan", prepared by dated 2/7/2020 - Commonwealth of Massachusetts, Lexington Form 11- Soil Suitability Assessment for On-Site Sewage Disposal, Signed by Chris Hodney, PE413687, dated 4/16/2020 - FEMA Flood Profiles, North Lexington Brook - Letter, from Environmental Partners, to Karen Mullins, Re: Letter of Completeness, 91 Hartwell Avenue, Lexington, Massachusetts, dated 4/6/2020 - Letter, from Environmental Partners, to Karen Mullins, Re: Technical Review, 91 Hartwell Avenue, Lexington, Massachusetts, dated 4/13/2020 - Project Plans, "91 Hartwell Avenue, Lexington Planning Board and Lexington Conservation Commission, Response to Comments", prepared by Dimella Shaffer, prepared for Meridian Associates, dated 5/11/2020, not stamped - Stormwater Report, prepared by Nitsch Engineering, prepared for Paul Finer Associates, signed and stamped by Joshua M. Soares, PE452305, dated 10/29/2019, rev. 5/11/2020 - Memo, "Supplemental Information, 91 Hartwell Avenue", for Conservation Commission, from Paul Finger, dated 5/11/2020 Mr. Rich Kirby, wetland scientist with LEC Environmental, Mr. Matthew Brassard with Nitsch Engineering and Mr. Paul Finger presented before the Commission. Mr. Scott Turner, peer reviewer for the project was also in attendance. The following changes were made to the proposed plans or updates were provided: - Removing a headwall on the wetland boundary and removal of associated culverts - Proposed to create a Swale at the building and garage - The applicant will be asking the Commission to grant temporary operation to remove the head walls. - The entrance of the proposed building has been changed from an existing roadway into a pedestrian roadway which will now be constructed of pervious pavers. - The storm water treatment area 43 has been expanded. - The wetland replication area has been expanded to go around the proposed garage and exit where one headwall is proposed to be removed - The roof drainage will be directed underneath the garage ramp to increase the amount of treatment and storage for the 1 year storm event. - A walking path is proposed connecting 91 Hartwell Avenue to other Hartwell Avenue properties per the Town's request. - The landscaping plan has been revised. - The proposed transformers were moved away from the wetlands to near to truck docks. - The temporary impacts to the property due because of the project has been quantified and submitted. - The drainage from the garage will be directed to a water quality separator unit which will discharge below the ramp and follow the plumbing code. Mr. Scot Turner,project peer reviewer, raised the following thoughts and concerns to the Commission: - Due to the high groundwater and floodplain the site is very difficult to work on. The site does, however, need to be treated as a re-development site. - No real calculations were provided to show how the work will affect the area downstream of the project location nor how it affects the floodplain. - The test pits will not reflect the environmental changes that are to come from construction on the property. - Concern regarding the function and success of proposed porous pavement due to lack of sandy soils and how often the site floods. - Concern regarding floodplain compensation - The garage will be an improvement to vehicle loading on site. Concerns of the Commission: - Will the pond leveler be located on the adjacent property? - Will the pervious pavers work when there is frequent flooding on the site? - What is the life expectancy of the new structures? - Are the wetlands a closed system? Reponses of the Applicant: - An easement has been granted from the adjacent property to locate the pond leveler on their property. - The structures are expected to last at least 50 years. - The wetlands are not a closed system. The applicant will be asking for two waivers from the Town regulations. The first will be regarding structures in the floodplain (section 5.3) and buffer zone setbacks (section 5.5). The second will be regarding calculating open and good conditions on site (section 5.2). On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing until June 1, 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 Request for Insignificant Plan Change: Lot 6/7 Cedar St(DEP 201-1058), Hazard Tree removal and native tree replacements On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the insignificant 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 On a motion by Ms. Samuels and seconded by Mr. Bitsko,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 10:11pm Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 6/l/2020 Submitted: 12/14/2020