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Home My WebLink About2021-02-16-CONCOM-minPUBLIC MEETING MINUTES Conservation Commission AGENDA Tuesday, February 16, 2021, 6: 30 p.m. Meering broadcasted by LexMedia 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. 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, Alex Dohan, Kevin Beuttell, Ruth Ladd, Duke Bitsko and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:34 PM New Business/Pendine Matters Informal Meeting - discuss a proposed deck expansion and associated mitigating measures for 17 Augustus Road, LEC Environmental Mr. Richard Kirby, LEC Environmental, informally presented a proposal to tear down an existing deck and build a larger deck that is within a portion of the brick patio. Overall the proposal would create a reduction in impervious area, a portion of the buffer zone would be revegetated, and the lawn area would be converted to an area with native plantings and shrubs. The Commission asked if an egress is being proposed from the deck to the ground, and Mr. Kirby responded that he is not sure. Mr. Hamilton said that he would feel more comfortable if there was no egress at all, not only because it is a pervious surface but serves to keep people out of the buffer zone. The Commission suggested, if having no egress was not possible, to angle the stairs away from the wetland. 6:50 PM Informal Meeting — 122 Kendall Road, proposed structure within the 50 -foot buffer zone, LEC Environmental Mr. Richard Kirby, LEC Environmental, informally presented a proposal to build an addition within the 50 -foot "no build" zone with mitigation measures incorporated, including Feno markers and native plantings. Mr. Kirby stated that the 214 square feet of non -conforming structure would be mitigated with a 2 to 1 planting area and drywells to infiltrate runoff from the proposed addition and entire existing home. Ms. Samuels mentioned that she would prefer to see the addition within the footprint of the screened porch and Mr. Kirby responded that it would not be possible due to the location of the bulkhead and the foundation turns to slab. 7:06 PM New Public Meetings/Hearings ViewPoint Cloud Permit# CN0I-21-2, DEP#201-1208 Notice of Intent: 0 Meadow Brook Avenue (Lot 1) Applicant: John Esserian, Homes Development Corp., c/o Joe Marino Property Owner: John Esserian, c/o Joe Marino at Homes Development Corp. Project: Demolish and reconstruct a single-family dwelling within the 200 -foot Riverfront Area associated with Beaver Brook and within the 100 -foot Buffer Zone to Bordering Vegetated Wetlands (BVW). Supplemental Documentation: — "Notice of Intent Application and Wetland Resource Area Analysis" and attachments; `Lot 1' Meadow Brook Avenue, Assessor's Map 15, Lots 47A & 4713; Prepared for: John Esserian, Homes Development Corp. c/o Joe Marino; Prepared by: LEC Environmental Consultants, Inc.; Dated 1/26/2021; Accompanied by: Appendix A: Locus Maps; Appendix B: USGS Streamstats Report; Appendix C: Site Plan of Land and ANR; Appendix D: Stormwater Analysis and Calculations; — "Riverfront Area Mitigation Planting Plan, Lot 1", Sheet 1 of l; Prepared by: LEC Environmental Consultants, Inc.; Scale: 1 "=20' and as noted not to scale; Dated 2/3/2021; — Lot 1 Meadow Brook Avenue: "Existing Conditions/Demolition Plan", Sheet 1 of 3; "Permit Site Plan of Land", Sheet 2 of 3; and "Permit Site Plan of Land" Sheet 3 of 3; Prepared for: Homes Development Corporation; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Scale: 1"=20' and as noted not to scale; Dated 1/22/2021 and Revised 2/4/2021; — "Approval Not Required — 5 Meadow Brook Avenue and 77 Wellington Lane Avenue"; Prepared for: John A. Esserian and Homes Development Corp.; Prepared by: Keenan Survey; Stamped and signed by: James Richard Keenan, PLS No. 30751; Scale: 1"=20% Dated: 1/5/2021; — "Stormwater Analysis and Calculations for Lot 1 Meadow Brook Avenue"; Prepared for: Homes Development Corp.; Prepared by: Patriot Engineering, LLC; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Dated 1/22/2021; Mr. Richard Kirby, LEC Environmental, presented before the Commission the proposal to demolish and reconstruct a single-family dwelling on a lot that was formerly comprised of two lots. Mr. Kirby informed the Commission that 116 square feet of the proposed structure is within the Riverfront area, a patio is being proposed off the back of the house, and there will be two types of stormwater infiltration: a typical subsurface infiltration system to the west to accommodate runoff from the proposed driveway, and roof runoff directed to a stormwater basin at the back right corner of the property. A subtle depression in the landscape will accommodate the runoff. Questions and Concerns from the Commission: — On the top left corner of the site plan there is a bend in the buffer line and another feno marker should be incorporated there. — Is there a stone trench detail included on the plan? — Is there a seeding or planting plan for the infiltration basin or area around it? Responses from the Representative: — Will look into adding another feno marker or shifting a boulder over to the bend. — Not intending to use a stone trench detail. — The actual basin is going to be maintained as lawn, as well as the forebay. There is a very subtle change in elevation back there and they will include that on the plan. On a motion by Mr. Langseth and seconded by Ms. Samuels, 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 7:27 PM ViewPoint Cloud Permit# CN0I-21-3, DEP#201-1209 Notice of Intent: 5 Meadow Brook Avenue (Lot 2) Applicant: John Esserian, Homes Development Corp., c/o Joe Marino Property Owner: John A. Esserian and Homes Development Corp., c/o Joe Marino Project: Proposed site work associated with a single-family dwelling to be constructed outside conservation jurisdiction. Site work is limited to site grading for the installation of an infiltration basin within the footprint of an existing lawn area. Portions of the proposed work are located within the outer 200 -foot Riverfront Area to Beaver Brook and the outer portion of the 100 -foot Buffer Zone to BVW. Supplemental Documentation: — "Notice of Intent Application and Wetland Resource Area Analysis" and attachments; `Lot 2' Meadow Brook Avenue, Assessor's Map 15, Lots 47B & 47C; Prepared for: John Esserian and Homes Development Corp. c/o Joe Marino; Prepared by: LEC Environmental Consultants, Inc.; Dated 1/26/2021; Accompanied by: Appendix A: Locus Maps; Appendix B: USGS Streamstats Report; Appendix C: Site Plan of Land and ANR; Appendix D: Stormwater Analysis and Calculations; — "Riverfront Area Mitigation Planting Plan, Lot 2", Sheet 1 of l; Prepared by: LEC Environmental Consultants, Inc.; Scale: 1 "=20' and as noted not to scale; Dated 2/3/2021; — Lot 2: "Existing Conditions/Demolition Plan", Sheet 1 of 3; "Permit Site Plan of Land", Sheet 2 of 3; and "Permit Site Plan of Land" Sheet 3 of 3; Prepared for: Homes Development Corporation; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Scale: 1"=20' and as noted not to scale; Dated 1/22/2021 and Revised 2/4/2021; — "Approval Not Required — 5 Meadow Brook Avenue and 77 Wellington Lane Avenue"; Prepared for: John A. Esserian and Homes Development Corp.; Prepared by: Keenan Survey; Stamped and signed by: James Richard Keenan, PLS No. 30751; Scale: 1"=20% Dated: 1/5/2021; — "Stormwater Analysis and Calculations for Lot 2 Meadow Brook Avenue"; Prepared for: Homes Development Corp.; Prepared by: Patriot Engineering, LLC; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Dated 1/22/2021; Mr. Richard Kirby, Wetland Scientist, and Mr. Michael Novak, Project Engineer, presented before the Commission the proposal for site work associated with a single family dwelling being constructed outside of Conservation jurisdiction. Questions from the Commission: — Are you directing water off of the property towards the east? — Did you provide a perc test or infiltration test at the elevation you are proposing to infiltrate? — If the overland flow doesn't drain according to plan, what is the alternative? — What is the red line on the site plan? Response from the Representative: — The arrows (representing water flow) shouldn't be on the plan. Those are existing flow arrows. 216 is the high point and there is a small amount of flow towards the abutter side but it is lawn and less flow than existing conditions. — A test pit was performed on Lot 1 at elevation 209.5 and groundwater was observed at elevation 205.5. The infiltration system is proposed at elevation 207.5 — If there is standing water, a contractor should be contacted to remove top soil and replace with Title V approved material. There aren't many alternatives to the overland flow. There should be language in the conditions to test after rain events and sign off by a contractor. — The red line is the limit of work and erosion control line. Mr. Kirby stated that there is no subsurface infiltration system and that the surface infiltration system will be maintained as lawn. Mr. Novak clarified to the Commission that the infiltration basin will be fed by a roof drain system with multiple downspouts. 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 7:45 PM ViewPoint Cloud Permit# CN0I-21-4, DEP#201-1210 Notice of Intent: 35 Peacock Farm Road Applicant/Property Owner: Kevin Quinlan Project: construct an addition, comprised of an in-law apartment, and install a permeable paver driveway, a concrete sidewalk, stairs, and a handicap ramp within the 100 -foot buffer zone to Bordering Vegetated Wetlands (BVW). Supplemental Documentation: — "Project Narrative to Accompany a Notice of Intent For Kevin Quinlan"; Prepared by: Hughes Environmental Consulting; Dated 1/25/2021; — "35 Peacock Farm Road, 2019 Orthophoto"; Prepared by Hughes Environmental Consulting, Data Source MassGIS; — "35 Peacock Farm Road USGS Location Map"; Prepared by Hughes Environmental Consulting, Data Source MassGIS; — "Stormwater Analysis Report"; Prepared for: Kevin Quinlan, 35 Peacock Farm Road; Prepared by: Design Consultants, Inc; Stamped and signed by: Stephen B. Sawyer, PE Civil No. 38808; Dated: December 2020; — WPA Form 3 — Notice of Intent application; Prepared by: Thomas Hughes, Hughes Environmental Consulting; Prepared for: Kevin Quinlan; Dated 1/23/2021; — 35 Peacock Farm Road Site Photos; Not dated; — "Layout and Materials Plan" Sheet C101 and "Civil Details" Sheet C501; Prepared for: Kevin Quinlan; Prepared by: Design Consultants, Inc.; Stamped and signed by: Stephen B. Sawyer, PE Civil No. 38808; Scale: 1"=20' and as noted not to scale; Dated: 1/8/21; Mr. Thomas Hughes, Environmental Consultant, and Mr. Daniel Hisel, Project Architect, presented before the Commission the proposal to construct an in-law apartment, a new permeable paver driveway, a pervious sidewalk, and a handicap ramp all within the 100 foot buffer zone. The proposal includes collecting runoff from the addition and from the existing dwelling and directing it to a rain garden. Comments and Questions from the Commission: — What are the green shaded areas shown on the plan? — This design is an improvement to the existing rear of the property. It really separates the users from the buffer zone and that is very helpful. — The rain gardens seem under -designed. The Commission requests more information and has issues associated with a 6 -inch pipe. — The General Conditions of the Lexington Bylaw do not allow straw wattles and instead promotes compost tube erosion control. Responses from the Representative: — The green shaded areas are landscape beds, containing perennials and maybe a couple of shrubs. — The Project Engineer will provide more information on the rain gardens at the next hearing. — The proposal has primary erosion control and has straw wattles behind the mitigation area. The wattles are temporary and can be easily removed after the work is complete. This can be changed to Filtrex if the Commission prefers. Mr. Hughes informed the Commission that test pits were not performed; however he will ask the Project Engineer to complete this if the Commission feels it is necessary. Mr. Langseth responded that the test pits are the preference of the Commission and that all design risk is the Applicant's. Mr. Hughes asked the Commission if they have a preference for a natural rain garden or a subsurface infiltration system. Ms. Samuels responded that a rain garden is preferable but that if the soil and water level does not permit a rain garden then a subsurface infiltration system is necessary. Mr. Thomas added that the proposal could incorporate the infiltration chamber under the pervious patio if continuing with the rear approach separation wall. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the March 1, 2021 meeting 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 F9.911WIT01 Continued Public Meetings/Hearings ViewPoint Cloud Permit #CDOA-20-22 Request for Determination of Applicability, 1060 Waltham Street Applicant/Property Owner: 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, 10/5/2020, 10/19/2020 Supplemental Documentation: None *The applicant has submitted a Continuance Request for the March 1, 2021 meeting. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to accept the continuance request and continue the hearing to the March 1, 2021 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 8:21 PM ViewPoint Cloud Permit# CNOI-21-1, DEP#-#### Notice of Intent: 25 Oxbow Road Applicant: Seaver Construction Project: Raze and rebuild a single-family dwelling located partially within the 100 -foot Buffer Zone to Bordering Vegetated Wetlands Previous Meeting Dates: Supplemental Documentation: — "Stormwater Analysis, 25 Oxbow Road"; Prepared, stamped and signed by: Frederick W. Russell, Jr., PE Civil No. 36713; Dated 2/4/2021; — "Site Plan, 25 Oxbow Road" Sheet 1 of l; Prepared for: Seaver Construction; Prepared, stamped and signed by: Frederick W. Russell, Jr., PE Civil No. 36713; Scale: 1"=20' and as noted not to scale; Dated 2/3/2021; Ms. Mary Trudeau, Wetland Scientist, presented before the Commission. Ms. Trudeau submitted a revised drainage plan to the Engineering Department and received favorable comments back the same day. The project does not have a DEP file number yet due to a filing error in the electronic system and Ms. Trudeau is continuing to try and resolve the issue. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the March 1, 2021 meeting 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 8:24 PM New Business/Pendine Matters, Continued Insignificant Plan Change Request: 180 Lincoln Street, ViewPoint Cloud Permit#CPM-21-5, DEP4201-1186, CNOI-20-17 Mr. Michael Capachietti, Meridian Associates, and Mr. Jamie Osborn, Finnegan Development, presented the request for a 34 square foot increase of porous paver walkway on the north side of the proposed garage. On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve this request as an 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 8:27 PM Extension to Order of Conditions — Request for a 3 -year extension from 4/13/2021 to 4/13/2024, 501 Marrett Road (Old Reservoir), ViewPoint Cloud Permit# EXTO-21-3, DEN 201-437, BL# 393 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the three year extension 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 19-1 ••♦ Issue Partial Certificate of Compliance: 4 Turning Mill Road, VieWPoint Cloud Permit#COC-20- 34, DEN 201-876, BL# 834 On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to issue the Partial 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 FI-AIIIST01 Request by Greenways Corridor Committee (GCC) to initiate a land management plan at Concord Avenue property (M. 4, P. I and 12) Due to a scheduling conflict this request will be postponed to the March 1, 2021 meeting. Schedule site visits for 3/l/2021 meeting The site visits have been scheduled for 2/27/21 at 9:00 AM. Approve Minutes: 7/27/2020, 8/10/2020, 1/19/2021 and 2/l/2021 On a motion by Ms. Ladd and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to approve the minutes of the July 27, 2020 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 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the minutes of the August 10, 2020 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 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the minutes of the January 19, 2021 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 The Commission will vote to approve the 2/l/2021 minutes at the next hearing. FI-AYAJIM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working Group Mr. Hamilton informed the Commission that there are three articles being proposed by the Tree Committee that the Conservation Commission should take a position on before the Town Meeting. The Land Acquisition Subcommittee recently met to hear a proposed land donation of Parcel 15- 51A (Moreland Avenue) to the Conservation Commission. 8:45 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Conservation Commission voted 7-0 by roll call vote to accept the donation of Parcel 15-51A to the Conservation Commission. 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. Ladd and seconded by Ms. Dohan, the Conservation Commission voted 7-0 by roll call vote to approve the use of the Lexington Nature Trust Fund to cover the cost of due diligence for the land acquisition. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to adjourn the meeting at 9:11 PM. 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 Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 3/l/2021 Submitted: 3/2/2021