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HomeMy WebLinkAbout2021-02-01-CONCOM-min OVS MORN,^,G Off` OP a �w PUBLIC MEETING MINUTES APRIL 19- Conservation Commission L£XtNG,10 Meering broadcasted by LexMedia AGENDA Monday,February 1, 2021, 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. 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, Ruth Ladd, Duke Bitsko and Holly Samuels (not present, Kevin Beuttell) Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:35 PM New Business/Pendine Matters Land Use Permit, LUPA-28, trail camera usage at Willard's Woods The Conservation Commission received a Land Use Permit Application for the use of a trail camera on Conservation land by a student for the purposes of documenting wildlife at Willard's Woods. The Commission took the opportunity to discuss special conditions for this type of permit. Ms. Mullins outlined the special conditions that she and Ms. Amber Carr, Conservation Coordinator, put together. Ms. Ladd asked if a sign stating that a camera was in use would lead to possible theft and Ms. Mullins responded that the intention is to put a sign by the entrance or kiosk, so it would not identify exactly where on the property the camera is. Mr. Langseth asked how the camera would be mounted and Ms. Mullins responded that it could be strapped onto the tree. Mr. Langseth added that the Commission should approve the manner of deployment as a condition, and that they have no liability to loss or damaged equipment. The Commission agreed that a two-month window should be sufficient for the permit and that if more time is needed the applicant can apply for an extension. On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the statement of policy requirements which can be changed by the Commission at any point. Record of vote as follows: Duke Bitsko —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 Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Land Use permit, LUPA-28. Record of vote as follows: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 6:46 PM Munroe Tavern Property— 1332 Massachusetts Avenue, ViewPoint Cloud Permit# CDOA-19-5 Lexington Field & Garden Club's plans to treat an area of lesser celandine with herbicide this comm sg bring_ Ms. Meg Himmel, Co-Chair of the Civic Gardening Group of the Lexington Field and Garden Club, presented the proposal before the Commission. The invasive plant, lesser celandine, is invading the lawn area and native plant gardens on the Munroe Tavern property. Manual removal has been attempted in the past but the native plant garden is at risk of being completely overwhelmed. The Lexington Field and Garden Club does not encourage the use of herbicide but feels that it is necessary. Concerns of the Commission — Is the herbicide application to be done by a licensed applicant? — Are there other invasive species in the same area? — Concerned because the herbicide is being put right into the wetland. Response of the Representative: — The licensed applicant is Parterre Garden Services. — There are other invasive species in the same area; however, they would not be affected because they would not have emerged yet. Manual removal of other invasive species would be used as necessary. — The Field and Garden Club has had limited success with manual removal of celandine and feels the application of herbicide with a roller will be most helpful to prevent any further spread. The Commission requests that the Lexington Field and Garden Club come back to the Commission to report the outcome of the herbicide application. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 5-1 by roll call vote to approve the use of herbicide for the spring 2021 season. Record of vote as follows: Duke Bitsko —Nay Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:04 PM Memorial Bench Request in memory of Robert Cataldo at Cotton Farm No representative was present during the meeting to speak to the Commission. Ms. Mullins and Ms. Carr will confirm the location and design of the bench on behalf of the Commission. The Commission requests more information on the details before the project moves forward though they are informally in favor of this proposal. 7:08 PM New Public Meetings/Hearings ViewPoint Cloud Permit# CNOI-21-1, DEP#201-444 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 Documentation Submitted: — Memorandum from Frederick W. Russell, PE, to Scott Seaver, Seaver Construction; RE: 25 Oxbow Road, (Estimated Seasonal High Water Table); Dated 12/9/2020; — "Description of Work"; Prepared by: Mary Trudeau; Not Dated; — Letter from Mary Trudeau to Scott Seaver, Seaver Construction; RE: "25 Oxbow Road, Lexington, MA Wetlands Delineation"; Dated 12/10/2020; — Plot Plan; Prepared by: Keenan Survey; Scale: 1"=20% Dated 12/22/2020; — "National Flood Hazard Layer FIRMette"; Prepared by: FEMA; Scale: 1:6,000; Exported on: 12/10/2020; — "Residential Addition—23 Oxbow Road" (DEP4201-993); Prepared for: Better Built Homes; Prepared by: Howard Stein Hudson; Scale: 1"=20% Dated 7/21/2015 and revised through 9/15/2015; — Stormwater Management Report; Prepared and signed by: Frederick W. Russell, PE Civil No. 36713; Not dated; — WPA Form 3 —Notice of Intent application; Prepared by: Mary Trudeau; Prepared for: Seaver Construction; Signed 1/4/2021; — Site Plan—25 Oxbow Road; Prepared for: Seaver Construction; Prepared by: Frederick W. Russell, PE; Scale: 1"=20' and as noted not to scale; Dated 12/7/2020 and revised 1/3/2021; Ms. Mary Trudeau, Wetland Scientist representing the Applicant, presented before the Commission. After discussions with Ms. Mullins, Ms. Trudeau agreed that there is a 50 foot difference in the wetland delineation lines for the property of 25 Oxbow and the property of 23 Oxbow. The Commission could not make a decision on the wetland delineation due to ice coverage and frozen ground during the time of the site visit. For the purpose of moving the project forward, and not forcing the applicant to wait until spring to determine the wetland boundaries, Ms. Trudeau and the Commission have agreed to use the 2015 23 Oxbow delineation. Due to this, the proposed house is now within the 5 0-100 foot buffer zone and will need to meet the Lexington wetland regulations for stormwater management. Mr. Frederick Russell, Project Engineer, is redesigning the stormwater system to meet the new requirements while also looking at options to minimize tree removal on the lot. Comments from the Commission: — The existing grade has a mild Swale towards the wetland and the revised grading will tend to shed more water towards the property to the south. Would like to see the contouring modified to prevent that additional shedding of water to the abutting property. Response from the Representative: — Modifying the contour to create a Swale and contain runoff on this property will not be a problem. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the February 16, 2021 meeting at the applicant's request. Record of vote as follows: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 7:19 PM New Business/Pendine Matters, Continued Informal Meeting: Town Engineering Project, Drainage Improvements and Kiln Brook Daylighting Info Session- Environmental Partners Mr. Matthew Weisman, Senior Civil Engineer for the Town of Lexington, and Mr. Erik A. Kelley, Project Manager for Environmental Partners, presented before the Commission the Kiln Brook outfall and drainage improvements. There is roughly a 135 foot difference in the highest point on Massachusetts Avenue to the drainage outfall and currently the drainage system can handle a two-year storm event. The project team is proposing to use a daylighting approach by opening up a portion of the culverted stream to an open channel stream. By doing this it will create an increased carrying capacity and the opportunity to restore a portion of the stream and abutting wetland. They are also proposing to increase the size of some drains on Constitution Road to alleviate flow restriction and create a relief drain. Varoujan Hagopian, GEI Consultants, stated that the proposal is to use geotextile material and riprap stone to slow down the velocity of the flow and to prevent future erosion of the channel. Questions and Comments from the Commission: — How aggressively has the team searched for modifications to reduce flow upstream? — Would be nice to see more curvature in the design. — Is future maintenance considered in the permit submission? — How big is the box culvert? — How temporary is the construction easement and what is there now? — Big proponent of ecological restoration and recommend live stakes in the winter months. Would recommend more of a habitat within the rip rap channel. Response from the Representatives: — With the amount of overland flooding that the model is simulating, it would take roughly 5,300 drywell systems in order to contain that amount of flow leaving the drainage system. The topography is extremely challenging and the project team did look at upstream modifications to some degree but it is just not feasible. — The abutting properties being higher in grade limits the ability to go higher and are working with a 25 foot easement but will try to design more curvature. — Future maintenance is a top concern. Looking to put a distribution box in the culvert for sediment control and access for the Town within their easement will be easier. — The existing culvert is a 36 inch diameter reinforced concrete pipe. The proposed 3x5' box culvert has elements on the channel bottom to dissipate channel energy. — There is currently a low-quality wetland habitat in the construction easement with a presence of invasive species. Historic utility work has altered the drainage pattern. — Vegetation should grow within the rip rap and, if not overtaken by severe storms, grass will grow within the riprap. 7:50 PM Informal Meeting: Town Engineering Project, Drainage Improvements Waltham Street Culvert, Woodard and Curran Mr. Michael Sprague, Senior Civil Engineer for the Town of Lexington, and Denise Cameron, Project Manager at Woodard and Curran, presented the proposal before the Commission. The purpose of this proposal is to address localized flooding issues in the neighborhood of Valleyfield Street and Grassland Street due to the area being of very low gradient. Ms. Cameron stated that most of the work is to be done within the street itself and within the 200-foot riverfront area. Questions from the Commission: — Were you able to find construction records to see what geotechnical conditions other utility companies ran into? — Would you make the culvert wider if there were no width constraints? — Is the proposal to do a natural stream bed in the culvert? Responses from the Representative: — There are no records that indicate that when the culvert went in there was any mitigation. The sewer is unknown but they did look at the latest CCTVs on the sewer and it is in good shape. Anticipate the removal of some peat. — We want to be able to allow them to open up sections and get in fairly quickly. We are limited to a trench box but still have some flexibility and will look into it. — It will be challenging to accomplish a natural stream bed because of how close the utilities are currently. Mr. Bitsko asked whether this type of work is done when it is dry or when there is less flow and whether the project team will be promoting a certain construction schedule. Ms. Cameron responded that the preference is July and August when the stream volume and chance of storms are the lowest. 8:06 PM Informal Meeting: MyRWA Stormwater Improvement Grant, Town Land Maple Street Mr. Michael Sprague and Ms. Catherine Pedemonti, Project Manager at the Mystic River Watershed Association, presented the proposal before the Commission. Ms. Dohan asked if there will be a potential for educational opportunities and the project team will be discussing that in more detail once they have a better idea of what is out there. Mr. Langseth added that the area looks heavily wooded and asked if the proposal will include tree removal. Ms. Relstab responded that they will try to minimize the tree clearing and restore to the best possible extent new species that will support the existing plant community. 8:28 PM Greenway Corridor Committee (GCC) Request: Town-Wide ACROSS Lexington Wayfinding Signage on Conservation Land Mr. Michael Tabaczynski, a volunteer Lexington Conservation Steward, presented before the Commission the proposed wayfinding signage for the ACROSS Lexington trail system to be placed on Conservation land. Mr. Tabaczynski stated that there are over 30 miles of complex trails in the ACROSS Lexington Trail system so it only makes sense for navigation methods to match the complexity. Chairman Philip Hamilton and members of the Commission agree that the signage will be an excellent addition for the community and request that the Commission have control over where they are placed on conservation land. 8:41 PM (2:09:55 for LexMedia recording) 180 East Emerson Road Abutter Concern Attorney Susan A. Bernstein and Kyle Burchard, Engineer with Goldsmith Prest and Ringwall, Inc., presented before the Commission, representing Mr. and Mrs. Chen, property owners of 184 East Emerson Road, who believe that the property of 180 East Emerson Road is in violation of the Order of Conditions (DEP4201-1047) due to new flooding in the backyard of 184 East Emerson Road since the completion of new construction at 180 East Emerson Rd. Mr. and Mrs. Chen are requesting enforcement action be taken by the Conservation Commission due to the increase in flooding on their property and the fact that they noticed substantial grading being done at 180 East Emerson Road in 2018 and observed additional grading in September 2020. Mr. Burchard presented his finding to the Commission that the existing conditions plan submitted with the Notice of Intent did not depict the grade of the berm located between the two properties. Mr. Burchard added that it appears the berm has been blended into the grade from the adjacent property of 180 East Emerson Road and in turn this could be a reason why the flow of surface water is coming across into the Chen's property where it wasn't previously doing so. Ms. Ladd asked how the Commission could retrieve evidence that there was a berm present. Ms. Mullins added that the berm was on the abutting property so it would not have been picked up during the original proposal. Attorney Bernstein responded that she has several photographs but they do not show the berm from the direction of 180 East Emerson Road. Ms. Mullins, as part of the Certificate of Compliance request for 180 East Emerson Road, will be performing a site visit at the property. The applicant is required to include an as-built plan with grades and if they are out of compliance then the Certificate of Compliance will not be issued and the Commission will handle the situation as needed. An updated as built plan with more grading on the site would pick up on a grade change from pre-construction to post-construction. 9:12 PM Issue Order of Conditions: 0 Maguire Road, ViewPoint Cloud Permit# CNOI-20-36, DEP4201- 1207 On a motion by Ms. Dohan 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: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Order of Conditions: 0 Massachusetts Avenue (Arlington Reservoir), ViewPoint Cloud Permit# CNOI-20-33, DEN 201-1204 On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Order of Conditions: 52 Hartwell Avenue, ViewPoint Cloud Permit# CNOI-20-34, DEP4201-1205 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: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Order of Conditions: 72 Grassland Street, ViewPoint Cloud Permit#NOI-20-32, DEP4201-1203 On a motion by Mr. Langseth 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: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Certificate of Compliance: 17 Banks Avenue, ViewPoint Cloud Permit# COC-21-1, DEP4201-1107, BL41065 This will be continued to allow the applicant to make updates Karen suggested. Issue Certificate of Compliance: 6 Glen Road South, ViewPoint Cloud Permit# COC-21-2, DEP4201-1143, BL# 1100 On a motion by Ms. Ladd 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: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye Issue Certificate of Compliance: 4 Turning Mill Road, ViewPoint Cloud Permit#COC-20-34, DEN 201-876, BL# 834 This will be continued to the next meeting on February 16, 2021. Conservation Plan Modification/Insignificant Plan Change: 5 Fairfield Drive, ViewPoint Cloud Permit# CPM-21-4, DEP4201-1068, BL# 1025 On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve this request as an Insignificant Plan Change. Record of vote as follows: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of vote as follows: Duke Bitsko —Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Phil Hamilton—Aye 9:34 PM Schedule site visits for 2/16/2021 meeting The site visits will take place the Saturday before, on February 13, 2021. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to adjourn the meeting at 9:47 PM. Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 3/15/2021 Submitted: 3/31/2021