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Home My WebLink About2020-11-16-CONCOM-min JS MORNIN ?�G 2=W ,O O ,Q PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted byLexMedia APRIL 19TH LFXING10 Monday, November 16, 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 and Holly Samuels (Not in attendance: Duke Bitsko) Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Issue Order of Conditions: 43 Sanderson Road, ViewPoint Cloud Permit#CNOI-20-24, DEP4201-1198 On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote 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 Amendment to Order of Conditions: 10 Springdale Road, ViewPoint Cloud Permit#AOOC-20-10, DEP4201-1123, BL41080 On a motion by Ms. Dohan and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to issue 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 Issue Amendment to Order of Conditions: 26 Dane Road, ViewPoint Cloud Permit#AOOC-20-9, DEP4201-1119, BL41074 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue 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 Vote to Accept the Amended and Restated Declaration of Restrictive Covenants, Winding Road and Penny Lane (formerly 167, 173, and 177 Cedar St Subdivision) Per Ms. Mullins, this is not a formal conservation restriction, but a two-part, subdivision covenant written into the Order of Conditions that will continue in perpetuity as an ongoing condition. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Covenant. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to authorize Philip Hamilton to sign the Covenant on behalf of the Commission. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Certificate of Compliance: 11 Vine Brook Road, ViewPoint Cloud Permit# COC-20-22, DEP4201-1113, BL41071 Mr. Chris Doell, property owner of 11 Vine Brook Road,presented to the Commission. Ms. Ladd stated that the fencing is a concern for wildlife and that boulders, a line of vegetation, or a hedge are preferable options. Mr. Langseth stated that there needs to be a level of demarcation for the restored area where the plantings were. Mr. Doell will present his preferred suggestions at the next scheduled meeting on November 30, 2020. 6:50 PM Issue Certificate of Compliance: 98 East Street, ViewPoint Cloud Permit# COC-20-21, DEP4201-1043, BL41000 Ms. Samuels raised concern on the viability of the blueberry bushes and would like to make sure that they come back next growing season. Property owner Jennifer Kennedy responded saying that she will certainly do that. The Commission would like a series of stones to be installed downslope so that stormwater runoff can go along the side versus straight down the hill. It was discussed that the Commission will vote to issue the Certificate of Compliance upon receipt and approval of a picture of erosion control in place. The Commission is waiving the usual requirements that the planting be certified by a wetland scientist. 7:00 PM Issue Certificate of Compliance, 7 Tavern Lane, ViewPoint Cloud Permit# COC-20-25, DEP4201-84, BL# 31 Attorney Pamela Brown presented the request for compliance to the Commission. She stated that 7 Tavern Lane was a lot carved out of 5 Tavern Lane, and that there is some confusion with the Order of Conditions because the application was for 5 Tavern Lane. Mr. Hamilton suggests filing an Amendment to the Order of Conditions to determine what the non-compliance is. However, Ms. Mullins stated that it's not normal practice to amend an expired order. Attorney Brown will work with Ms. Mullins to devise a satisfactory solution and this will be placed on the agenda for the November 30, 2020 Conservation Commission meeting. 7:19 PM New Public Meetings/Hearings ViewPoint Cloud Permit# CDOA-20-32 Determination of Applicability, 139 Wood Street Applicant: Bret Bostwick, Property Owner Project: Demolition of an in ground pool partially within the 100 foot buffer zone. Complete removal of all structures related to the pool and surrounding decking, including the steel retaining walls and in-ground PVC-type plumbing. Documentation Submitted.- -Letter ubmitted:-Letter to the Conservation Commission, Detailed Project Description, prepared by Bret Bostwick, Property Owner, submitted 10/25/2020 -Site Plan showing Erosion Control Barrier and Equipment Access, Site Plan prepared by David E. Ross Associates, Inc., signed by Daniel B. Wolfe, PE 436533, dated 2/10/2016, date of submittal 10/25/2020 -WPA Form 1-Request for Determination of Applicability, prepared and signed by Bret Bostwick, Property Owner, dated 10/25/2020 Property Owner and Applicant, Bret Bostwick, presented to the Commission. Mr. Bostwick stated that the request is for the demolition of a pool built in the 1970's that is no longer functional. The demolition company already removed the fence without approval, and Mr. Bostwick wants to be sure of all compliance going forward. Mr. Beuttell stated that during the site visit there appeared to be flow in the adjacent brook, but that whether there is or not would not affect his decision on the proposal. Ms. Mullins added that this property was subject to an Order of Conditions in the last four years. Ms. Samuels noted that there is an invasive shrub (burning bush) lining the driveway that is no longer allowed to be sold in Massachusetts. Though unrelated to the area in question, Ms. Samuels would like to see what can be done to remove the invasive shrub that is seeding down into the brook area. On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to issue a Negative Determination with 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 Permit# CDOA-20-33 Request for Determination of Applicability, 0 Hartwell Avenue (Mass Port Authority) Applicant: Mark Boyle, Federal Aviation Administration Project: Replacement of existing runway approach lighting electrical cable within the 200 foot Riverfront Area of Shawsheen River, within the 100 foot buffer zone of a Bordering Vegetated Wetland, and along the surface of the wetlands Documentation Submitted: -WPA Form 1-Request for Determination of Applicability, prepared and signed by Mark Boyle c/o Federal Aviation Administration, dated 10/27/2020 - Proposed Runway 29 MALSR Cable Replacement, prepared using Town of Lexington GIS, dated and submitted 10/27/2020 - Narrative of the Proposed Scope to replace the cable for the Flasher Lights of the Medium Approach Lighting System with Runway Alignment Indicator Lights (MALSR), submitted by Mark Boyle, dated 10/27/2020 -Runway 29 STA 15+00 To STA 26+00 MALSR, Site Plan and Profile, dated 6/21/1984 Mark Boyle, representative with the Federal Aviation Administration, presented to the Commission. The electrical cable proposed to be replaced is approaching 40 years old. Damage to the cable forced the Federal Aviation Administration (FAA) to turn that portion of the system off which creates a quarter mile visibility penalty and a great concern when the weather is bad. The FAA is proposing to replace that cable and install HDPE (High Density Polyethylene) flex conduits across wetlands and laying pipe at the bed of the marsh. Mr. Boyle added that the small section before wetlands is where they will do about 50 feet of trenching, and that they will put in erosion controls to minimize any siltation from the small amount of trenching they have to do. Mr. Langseth asked if there is an exemption for a Federal agency, thinking that installing cable through and on a wetland would warrant an NOI filing. Ms. Mullins stated that the applicant is exempt from local jurisdiction, and that under federal law, if they are not altering the ground or entering any pollutants/sediments, this would qualify as non-jurisdictional. Mr. Langseth also asked, if the trenching can be done and covered in one day, that the Commission would not require erosion control. Mr. Boyle said that won't be possible and the work will take more than one day. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue a Negative Determination with Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:41 PM ViewPoint Cloud Permit# CN0I-20-29, DEP# 201-1199 Notice of Intent, 18 Blueberry Lane Applicant: Ozan Dokmecioglu, 18 Blueberry Lane, LLC, c/o DND Homes, LLC Project: Raze and rebuild a single-family dwelling and associated site appurtenances within the 100 foot Buffer Zone to Bordering Vegetated Wetlands Documentation Submitted.- -Notice ubmitted:-Notice of Intent Application and Wetland Resource Area Analysis, prepared by LEC Environmental Consultants, Inc., dated 10/27/2020 -WPA Form 3-Notice of Intent Application for 18 Blueberry Lane, prepared by Ozan Dokmecioglu, 18 Blueberry Lane, LLC, c/o DND Homes, LLC, signed 10/27/2020 -Detailed Project Description -Figure L USGS Topographic Quadrangle -Figure 2: FEMA Flood Insurance Rate Map -Figure 3: MassGIS Orthophoto &NHESP Estimated Habitat Map -Site Plan, prepared and signed by Frederick W. Russell, PE 436713, dated 10/23/2020 -Stormwater Analysis 18 Blueberry Lane, Lexington, MA, dated October 23, 2020 prepared by Frederick W. Russell, P.E. -Stormwater Operation and Maintenance Plan Richard Kirby, Wetland Scientist with LEC Environmental Consultants, Inc., presented to the Commission. The plot of land is relatively flat, sloping upgradient toward the backyard that is fenced in. The driveway accesses a basement level garage, and there is an in-ground pool and patio in the backyard. Mr. Kirby stated that six trees are to be removed, and only one is within the 100 foot buffer zone. Additionally, a crushed stone vehicle access pad is proposed for construction vehicles. Very little site grading is proposed as it is all outside of the buffer zone. A deck is proposed off the back of the house and the pool will be filled in. Ms. Dohan asked if the hole from the pool could be used for the infiltration outside of the buffer zone as this could allow many trees to be retained in the backyard. Mr. Kirby responded that he believes most of the proposed tree removal is due to the current state of the large pines. He added that another large pine has tree protection around it. Mr. Kirby believes the developer says the trees pose a threat to the new house if they were to fall. Mr. Beuttell noted that he did not see any stormwater management on the front walkway and driveway and that the report says the applicant is meeting the standards, but it doesn't look right. Mr. Kirby responded saying that they are collecting the roof runoff and not the driveway runoff, and that this is not the first time that the calculations have met the regulatory requirements without infiltrating the driveway runoff. Responses of the Applicant: -Tree protection in place and the zone of natural vegetation will also be preserved -Roughly 6900 square feet of vegetated buffer zone will effectively remain. No change other than a modest restoration effort of 200 square feet. -Property owner has no intention of removing the trees in the back, only concerned with the trees closest to the house and the infiltration system. -Current lawn will be incorporated into the buffer zone restoration. Mr. Richard Zermani, abutter and property owner of 16 Blueberry Lane, stated that he is a proponent of saving any pine trees if at all possible and does not feel that they pose a hazard, adding that the rear of the properties are a fairly thin forest in his opinion. Mr. Kirby followed up saying that many of the trees are not within Conservation jurisdiction because they are outside of the 100 foot buffer zone, however any trees removed would be reviewed through the building permit and the tree town bylaw. Mr. Langseth added to the runoff conversation, stating that he thinks the site soils (type C) are very tight, and even if it were "open space in good condition,"there would still be a fair bit of runoff. He estimates this is why the driveway does not need to have stormwater managed. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 6-0 by roll call vote to close the hearing. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:02 PM Continued Public Meetings/Hearings ViewPoint Cloud Permit#CDOA-20-29 Request for Determination of Applicability, 52 Grove Street Applicant: Ashok Nayak Project: Proposing the addition of a driveway, garage and deck with a limit of work boundary within the 100 foot buffer zone. Previous Meeting Dates: 11/2/2020 Supplemental Documentation: None On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue a Negative Determination with 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 Permit#CORD-20-1 (DEP#201-1196) Abbreviated Notice of Resource Area Delineation, 0 Earl Street Applicant: Peter Bradley, B Squared Corp Project: ANRAD for the parcel totaling 0.24+/- acres located at 0 Earl Street. This site is located southwest of the corner of Centre and Ward Streets and east of route 95 and the Meagherville Conservation Area. Previous Meeting Dates: 11/2/2020 Supplemental Documentation Submitted: -DEP Bordering Vegetated Wetland (3 10 CMR 10.55) Delineation Data Form, UPL 3, prepared by J. Shuster & M. Charpentier, Date of Delineation: 11/3/2020, Datasheet dated 11/9/2020 -DEP Bordering Vegetated Wetland (3 10 CMR 10.55) Delineation Data Form, WET 3, prepared by J. Shuster & M. Charpentier, Date of Delineation: 11/3/2020, Datasheet dated 11/9/2020 -72-211 Earl St Location of Wetland Flags, prepared by Oxbow Associates, Inc., dated 11/9/2020 Mr. Matthew Charpentier, Wetland Scientist with Oxbow Associates, presented to the Commission. The Commission conducted two separate site visits for this project with Mr. Charpentier and are awaiting an updated plan to be provided before moving forward with a decision. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to continue the hearing to the November 30, 2020 meeting 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 8:11 PM ViewPoint Cloud#CNOI-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, 10/19/2020, 11/2/2020 Supplemental Documentation Submitted: -Engineering Drainage Calculations, prepared by Gala Simon Associates, Inc., revised 10/6/2020, revised 11/2/2020 -Drainage/Grading Plan, prepared by Alberto M. Gala, PE No 36464, Gala Simon Associates Inc., dated 10/6/2020, revised 11/2/2020 -22 Village Circle NOI Engineering Comments, provided by Michael Sprague, Town of Lexington Engineering, dated 11/9/2020 The applicant, Ms. Mary Trudeau, confirmed that she received the engineering report that approves the stormwater management. Ms. Mullins also confirmed that she received the revised plan with buffer zone from Ms. Trudeau. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to close the hearing. 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 Permit#CNOI-20-28, DEP File#201-XXXX Notice of Intent, 4 Maguire Road Applicant: David Webb, The RMR Group, Represented by: Douglas Hartnett, Highpoint Engineering, Inc. Project: building and site improvements within the 100 foot buffer zone, 200 foot Riverfront area, and bordering land subject to flooding Previous Meeting Dates: 11/2/2020 Supplemental Documentation Submitted: None *Request from applicant to continue without testimony from this meeting to 11/30/2020 meeting On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to allow the continuation to the November 30, 2020 meeting, 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 8:15 PM New Business/Pendine Matters, Continued: Issue Certificate of Compliance, 48 Lincoln Street, ViewPoint Cloud Permit#COC-20-23, DEP4201-1174, BL420-4 On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye [The Certificate of Compliance for 48 Lincoln Street was retracted at the Conservation Commission meeting on 11/30/2020. The as-built shows increased driveway area and patio area not proposed so appears increase in impervious cover.] 8:16 PM Issue Certificate of Compliance, Mulberry Lane Right-of-Way (formerly Blueberry Lane, Murray Hills), ViewPoint Cloud Permit# COC-20-27, DEP4201-758, BL4716 On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:19 PM Issue Certificate of Compliance, 2 Mulberry Lane (formerly Lot 2 Blueberry Lane, Murray Hills), ViewPoint Cloud Permit# COC-20-26, DEP4201-757, BL4715 On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 8:20 PM Approve Minutes: 7-27-2020, 8-10-2020, 10-5-2020, and 11-2-2020 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the November 2, 2020 Conservation Commission meeting minutes. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye The Conservation Commission will work towards approving any outstanding minutes at the next scheduled meeting on November 30, 2020. Schedule site visits for 11/30/2020 Meeting The Conservation Commission approved to schedule the site visits on Saturday November 28, 2020. Approve 2021 Conservation Commission Calendar The Conservation Commission approved the 2021 Meeting Schedule for posting on the Town website. 8:25 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Mr. Hamilton stated that Town Meeting approved the purchase of the Highland Ave property last Monday, adding to the Upper Vine Brook Conservation area. Town Meeting also approved a bylaw to prohibit planting running bamboo and to regulate the running bamboo that is now planted. Regarding the Hartwell Innovation Park project: it was discussed during a previous special meeting that they are wanting more trees and a softer look. Proposing pocket parks and infiltration areas. The main concern is to have a more dense development that is up to modern standards. Ms. Mullins said that they requested to meet with the Conservation Commission at an upcoming meeting. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to adjourn the meeting at 8:41 PM. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 12/14/2020 Submitted: 12/1.5/2020