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HomeMy WebLinkAbout2021-03-15-CONCOM-min OVS MORN,^,G Off` OP a �w PUBLIC MEETING MINUTES APRIL,9,„ Conservation Commission L£XtNG110 Meering broadcasted by LexMedia AGENDA Monday,March 15, 2021, 6:30 p.In. 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, Duke Bitsko, Alex Dohan, Kevin Beuttell, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department Assistant 6:30 PM New Business/Pendine Matters Extension to Order of Resource Area Delineation: Dunham and Webb Street, ViewPoint Cloud Permit# EXTO-21-4, DEP4201-1075, BL41032 On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the 1 year extension request, extending the Order from 2/5/2021 to 2/5/2022. 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 6:35 PM Issue Order of Conditions: 607 Waltham Street, ViewPoint Cloud Permit# CNOI-20-31, DEP4201-1202 Ms. Mullins informed members of the Commission that the Zoning Administrator approved this parcel as a buildable lot and that 607 Waltham Street fulfills the technical requirements for one protected legal non-conforming single residence lot for zoning purposes. On a motion by Ms. Ladd and seconded by Mr. Langseth, 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 6:36 PM Issue Order of Conditions: Valleyfield, Grassland and Waltham Street, Right of Way, ViewPoint Cloud Permit# CNOI-21-6, DEP4201-1211 On a motion by Ms. Dohan and seconded by Ms. Ladd, 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 6:41 PM Issue Order of Conditions: 25 Oxbow Road, ViewPoint Cloud Permit# CNOI-21-1, DEP201- 1213 On a motion by Mr. Langseth and seconded by Ms. Ladd, 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 6:47 PM Issue Certificate of Compliance: 24 Constitution Road, ViewPoint Cloud Permit# COC-21-6, DEP4201-1052, BL# 1009 This will be continued to the meeting on March 29, 2021. Ms. Samuels is recusing herself on this matter due to her involvement on the project site. 6:48 PM Record Vote by Conservation for Highland Avenue Land Purchase On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to accept the Deed as approved by Town Council and to authorize the Town Manager to sign the closing documents on behalf of 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 6:51 PM Schedule Site Visits for 3/29/2021 meeting The site visits will take place on Saturday, March 27, 2021 starting at 9:00 AM. Approve Minutes: 3/l/2021, 2/l/2021 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the minutes of the February 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 This Commission will vote to approve the minutes of the March 1, 2021 meeting at the next meeting. 7:00 PM New Public Meetings/Hearings ViewPoint Cloud Permit# CN0I-21-8, DEP#201-1214 Notice of Intent: 31 Fairlawn Lane Applicant/Property Owner: Ozan Dokmecioglu, 31 Fairlawn Lane, LLC, c/o DND Homes, LLC Project: raze and rebuild a single-family dwelling and associated site appurtenances. Portions of the proposed activities are located within the Buffer Zone to Bordering Vegetated Wetlands (BVW). Documentation Submitted.- - ubmitted:— "Site Plan, 31 Fairlawn Lane"; Sheet 1 of l; Prepared for: DND Homes; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Scale: 1"=30' and as noted not to scale; Dated 2/3/2021; — "Notice of Intent Application and Wetland Resource Area Analysis" and attachments; Prepared for Applicant/Property Owner: 31 Fairlawn Lane, LLC c/o DND Homes, LLC; Prepared by: LEC Environmental Consultants, Inc.; Dated 2/23/2021; — "Stormwater Analysis, 31 Fairlawn Lane"; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Dated 2/3/2021; — "31 Fairlawn Lane, Stormwater Operation and Maintenance Plan"; Prepared, stamped and signed by: Frederick W. Russell, PE Civil No. 36713; Prepared for the Responsible Party: DND Homes, LLC; Dated: 2/3/2021; Mr. Richard Kirby, Wetland Consultant with LEC Environmental, Inc., presented before the Commission. Mr. Kirby stated that there is an overall reduction in impervious area for the site as a whole and within the buffer zone area. The applicant is proposing to replace the burning bush along the lawn edge and driveway edge with a 1 to 1 ratio of rhododendron. Comments and Questions from the Commission: — Don't understand what two Feno markers along the outside of the lawn are accomplishing. It is odd to have markers on the outside of the lawn and suggests to put one in the backyard where the erosion control crosses the 25-foot buffer zone and another at the other end at the 50-foot buffer zone. — How is the stormwater on the driveway being handled? — Would like to see the 25-foot"no disturb" zone restored. It will eliminate squaring of the lawn but it is the buffer zone. Responses from the Representative: — Typically the Commission requires the Feno markers along the edge of naturally vegetated lawn from property boundary to property boundary. The intent is to square things off as much as possible to have a reasonably sized backyard with 50% natural vegetated land versus 43% in existing conditions. However, the developer expressed a willingness to adjust the Feno marker locations and to increase the area of`no disturb' buffer restoration. — The driveway runoff will shed onto the lawn. The infiltration system will take roof runoff only. There is a slight rise to the garage door from the driveway. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the March 29, 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 7:20 PM Continued Public Meetings/Hearings ViewPoint Cloud Permit#CNOI-21-5, DEP#201-1212 Notice of Intent: 5 John Hosmer Lane Applicant/Property Owner: Aman Narang Project: Convert an existing tennis court to an in-ground swimming pool with patio and pool shed, and conduct associated landscape work. Portions of the proposed project are located within the Buffer Zone to BVW. Previous Meeting Date: 3/1/2021 Supplemental Documentation: — "Proposed Site Plan of Land", Sheet 2 of 4; "Utility and Grading Plan"; Sheet 3 of 4; Prepared for: Aman Narang; Prepared by: Meridian Associates; Stamped and signed by: David S. Kelley, PE Civil No. 49369; Scale: I"=10'; Dated: 2/9/2021, Revised(1): 3/1/2021 and Revised(2): 3/8/2021; Mr. Richard Kirby, Wetland Consultant with LEC Environmental, Inc., presented before the Commission along with Mr. Michael Capachietti, Project Engineer with Meridian Associates. Mr. Capachietti described the changes made to the site plan at the request of the Commission from the previous meeting. These changes include the removal of proposed work in the Conservation Restriction area, and the addition of Feno markers along the Conservation Restriction line and along the grass area. 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 7:25 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). Previous Meeting Dates: 2/16/2021 Supplemental Documentation: None On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the March 29, 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 7:27 PM 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 Mr. Alan Roscoe, representative with Core States Group, presented before the Commission. Mr. Roscoe stated that Lexington Engineering Department has reviewed the proposal and verbally confirmed that the system can capture and release stormwater at a controlled rate and offers enhanced treatment. Chairman Hamilton suggested that Mr. Roscoe withdraw this application and submit a Notice of Intent filing for the next available meeting. Mr. Roscoe said he will continue this hearing and discuss his options with Conservation staff. On a motion by Mr. Beuttell and seconded by Mr. Langseth, the Commission voted 7-0 by roll call vote to continue the hearing to the March 29, 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 7:43 PM New Business/Pendine Matters, Continued Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working Group HIP Working Group: Ms. Ladd and Ms. Samuels provided a brief recap of the recent meeting of the group and have not yet finished making modifications that were discussed. One concern mentioned is light contamination at these large developments and the resulting damage to insect populations. Ms. Samuels is proposing to repurpose land on the Lexington Tree Farm for the purpose of growing native plants for restoration projects. The Garden Club is also requesting use of the Tree Farm to house plants for their annual plant sale. Ms. Mullins told Ms. Samuels to confirm property boundaries and discuss with abutting homeowners before any work, including fence installation, is performed. Chairman Hamilton advised the Commission of an Article (Article 29 on the Annual Town Meeting warrant)that asks the town to petition the state legislature to allow Lexington to regulate fossil fuel in the town. He had provided the Article and Motion to the Commission prior to today's meeting. The proposed bylaw would prohibit the building of fossil fuel infrastructure in new buildings and/or major rehab in the Town of Lexington. It is an anti-global warming measure and a resiliency effort, and Chairman Hamilton thought that the Commission might want to support the passage of the Article. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to support the passage of the Article. 8:20 PM On a motion by Mr. Langseth and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to adjourn the meeting at 8:28 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: 3/29/2021 Submitted: 3/31/2021