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Home My WebLink About2022-08-22-ConCom-min1 Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, August 22, 2022, 6:30 p.m. 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: Kevin Beuttell, Duke Bitsko, Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 254 Lincoln Street, ViewPoint Cloud Permit# CPM-22-15, DEP#201-1221, CNOI-21-17 Postponed until after the New and Continued meetings. Conservation Plan Modification/Insignificant Plan Change: 18 Peacock Farm Road, ViewPoint Cloud Permit# CPM-22-14, DEP#201-1222, CNOI-21-16 Mr. David Hsu, property owner, presented the proposed plan changes to the Commission. The Commission is requesting additional information be provided, including cross section details on the permeable pavers and an Operation & Maintenance Plan for the gravel driveway. This will be continued to the September 6, 2022 meeting. 7 Tufts Rd Enforcement Update: Review and approve Corrective Wetland and Buffer Zone Restoration Plan Mr. Andrew Thibault, Environmental Scientist with Goddard Consulting, presented the wetland mitigation planting plan and proposal to the Commission. In August 2021, multiple trees and shrubs were cut within the wetland and 100-foot buffer zone to wetlands without prior approval from the Conservation Commission. At the request of the Commission, Mr. Thibault agreed to replace two Box Elder Maples with two Swamp White Oaks. Ms. Samuels stated that the Box Elder Maple is a soft tree that tends to fall quickly and the Swamp White Oak would provide better wildlife habitat. Mr. Thibault stated that no seeding is proposed because the groundcover is intact and the property owner is only proposing to replace the shrub and tree layer that was cut down. 2 On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Wetland Mitigation Planting Plan (dated 7/13/2022) and the replacement of two Box Elder Maples with two Swamp White Oaks. Record of Vote as Follows: Duke Bitsko – Did not vote/Not on screen Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:59 PM 20 Cooke Rd Order of Conditions Compliance Enforcement Update: Review and approve Corrective Wetland and Buffer Zone Restoration Plan (DEP#201-1089, BL-1089) Mr. Brian Lau, builder, presented a revised restoration plan to the Commission dated 8/22/2022. Ms. Mullins informed Mr. Lau and the property owner, Mr. Chengwei Su, that the details on the two sheets don’t match and need to show the same information to scale. To clarify, she stated that the retaining wall detail and location doesn’t match on the corresponding details, such as the patio plan, and that the proposed planting plan doesn’t match with the layout on the FENO bound “Do Not Disturb” detail. Ms. Mullins and the Commission ask that this be continued to the next meeting so a more productive conversation can be had on the restoration plan. 7:08 PM New Public Meetings/Hearings 46 Turning Mill Road: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-25 Applicant: Vivian Wu Property Owner: Forty-Six TMR Realty Trust Project: proposed tree pruning and removal, pesticide application, and installation of a tree cabling system within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ WPA Form 1 Request for Determination of Applicability; Prepared by the Applicant: Vivian Wu; Date signed: 7/24/2022; ⎯ Detailed Project Description; Not dated; ⎯ Proposed Site Plan (with added tree detail); Prepared by: LeBlanc Survey Associates, Inc.; Date: 8/26/2021; Ms. Vivian Wu, representative of Forty-Six TMR Realty Trust, presented to the Commission. Ms. Ladd said that, at the time of the site visit, the Commission did not see any holes that would have been caused by Emerald ash borer, but that the trees were not in good shape. Ms. Mullins stated that evidence of Emerald ash borer has been seen in Lexington. Ms. Ladd asked if the 3 removal of trees with Emerald ash borer requires any special treatment. The Commission will condition that the removal of trees with Emerald ash borer must comply with state regulations. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to issue a Negative Determination with conditions. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:14 PM 443 Mass Ave: Notice of Intent ViewPoint Cloud Permit# CNOI-22-18, DEP# 201-1266 Applicant: Robert Cataldo, 443 Massachusetts Avenue, LLC Property Owner: George Grey, Eastlex, LLC Project: demolition of a single-family dwelling and construction of a two-family dwelling within the 200’ Riverfront Area Documentation Submitted: ⎯ Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 8/2/2022; ⎯ Existing Conditions Plan; Prepared by: DLJ Geomatics; Stamped and signed by: Douglas L. Johnston, PLS No. 47879; Date: 7/5/2022; ⎯ Proposed Site Plan; Prepared by: Uniterra Consulting; Stamped and signed by: Zoltan Juhasz, PE Civil No. 38085; Date: 7/11/2022; ⎯ Stormwater Analysis and Report; Prepared by: Uniterra Consulting; Stamped and signed by: Zoltan Juhasz, PE; Date: 7/11/2022; Mr. Rich Kirby, LEC Environmental, and Mr. Zoltan Juhasz, Professional Engineer, presented to the Commission. Mr. Kirby stated that this proposal has already been approved by the Historic Districts Commission. Ms. Samuels stated that she has been maintaining the off-site restoration area off of Bow Street for a few years now and that mulch was put down to suppress the garlic mustard, multiflora and bittersweet in this area. Ms. Samuels expressed concern about exposing the seed and asked Mr. Kirby what his plan would be. Mr. Kirby responded that they would hand pull any invasive species that come up within the off-site restoration area. He added that they considered removing some of the top soil but wanted to be careful around the tree roots, especially those of the Norway maple. Ms. Samuels suggested permanent live stakes to keep the off-site bank from falling down at the slope. She also stated that this area is hot and dry and will need to be watered routinely, and that 4 it also contains trash and poison ivy. Ms. Dohan recommended leaving the poison ivy at the site to help stabilize the area and discourage people from disturbance. Comments from the Commission: ⎯ Suggests temporary fencing and possibly signage along the off-site restoration area for 1- 3 years so people don’t disturb it over time. Ms. Barbara Elia, direct abutter and property owner of 443A Massachusetts Avenue, attended the meeting. Ms. Elia stated that she is concerned about the height (estimated 15-20 feet) of the plantings in the proposed rear restoration area. Due to the age of Ms. Elia’s home, it does not meet current setback requirements and sits very close to the property line. Ms. Elia asked if the applicant would consider shorter shrubs in the area closest to her property. Mr. Kirby responded that it will take a long time and perfect conditions for the shrubs to reach that height; however, they could install ferns closest to the property line so that there is a low growth area separating the properties. Mr. Kirby added that the number of proposed hayscented fern could be increased from 5 to 15 so there is an additional buffer of low growing plants. Ms. Elia also raised concern about the existing elm tree closest to the property boundary in the northeast corner. [The site plan calls this out as an existing maple, however, it is an elm tree.] Mr. Kirby responded that erosion controls and orange fencing will be installed along the property boundary and that there won’t be much excavation near the tree root system, and only about a foot of grading is proposed. The town engineering department has not provided a formal review of this project yet. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the September 6, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:45 PM Continued Public Meetings/Hearings Notice of Intent: 42 Winthrop Road ViewPoint Cloud Permit# CNOI-22-16, DEP#201-1265 Applicant/Property Owner: Shigemi and Masazumi Nagai Project: raze and rebuild of a single-family dwelling within the 200-foot Riverfront Area Previous Meeting Date: 7/25/2022, 8/8/2022 Supplemental Documentation Submitted: None 5 On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing to the September 6, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:47 PM 48 Allen Street: Notice of Intent ViewPoint Cloud Permit# CNOI-22-13, DEP#201-1262 Applicant/Property Owner: Arlen Avakian Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone to Bank of an intermittent stream Previous Meeting Date: 6/27/2022 Supplemental Documentation Submitted: None On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the September 6, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:47 PM Notice of Intent: 501 Marrett Road ViewPoint Cloud Permit# CNOI-22-15, DEP#201-#### Applicant/Property Owner: Town of Lexington Project: construct a new 20’x26’ bathhouse with accompanying utilities. Install a 20’x20’ beach canopy. Remove existing ADA matting, install proposed path and proposed ADA matting. Portions of which are within Inland Bank, Bordering Vegetated Wetlands, 100-foot buffer to Bordering Vegetated Wetlands, and Land Under Water Bodies and Waterways 6 Previous Meeting Date: 7/25/2022, 8/8/2022 Supplemental Documentation Submitted: None ⎯ Site Plan and Site Details; Prepared by: Hancock Associates; Stamped and signed by: Brian G. Geaudreau, PE; Date: 6/13/2022 and last revised 8/16/2022; ⎯ Drainage Review; Prepared by: Hancock Associates; Date: 8/16/2022; ⎯ Response Letter; From: Brian Geaudreau, Hancock Associates; Date: 8/15/2022; 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 September 6, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:48 PM New Business/Pending Matters, Continued Request for Certificate of Compliance: 25 Middleby Road, VPC# COC-20-10, DEP#201-1165 (Full) On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to issue the complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:49 PM Request for Certificate of Compliance: 473 Lowell Street, VPC# COC-22-18, DEP#201-1099 (Full) Ms. Mullins stated that additional information is needed prior to issuance of a certificate. 7 Request for Certificate of Compliance: 207 East Street, VPC# COC-22-19, CNOI-21-23 (bylaw only) (Full) garage addition Ms. Mullins stated that additional information is needed prior to issuance of a certificate. Request for Certificate of Compliance: 207 East Street, VPC# COC-20-30, DEP#201-945, BL# 903 (Full) sunroom and two decks Ms. Mullins stated that additional information is needed prior to issuance of a certificate. Issue Order of Conditions: 58 Ledgelawn Avenue, ViewPoint Cloud Permit# CNOI-22-17, DEP#201-1264 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Did not vote (not present for hearing) 7:50 PM LUPA 90 – review and vote on the revised trail route for turkey trot race in November A revised trail route was provided to the Commission to avoid areas that were previously a concern of the Commission. The applicant, Trail Animals Run Club (TARC), is also proposing to donate proceeds from the event to the Lexington Nature Trust Fund. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Land Use Permit Application. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye 8 Phil Hamilton – Aye 7:53 PM Review and approve FY22 Annual Report- Conservation Office and Conservation Commission This item will be continued to the next meeting on September 6, 2022. Schedule site visits for 9/6/2022 meeting The site visits will take place on Tuesday, August 30, 2022 at 5:30 PM Approve Minutes: 7/25/2022 and 8/8/2022 This item will be continued to the next meeting on September 6, 2022. Conservation Plan Modification/Insignificant Plan Change: 254 Lincoln Street, ViewPoint Cloud Permit# CPM-22-15, DEP#201-1221, CNOI-21-17 Ms. Mullins presented on behalf of the applicant, Sridhar Vaddeboina, who was not present at the meeting. The applicant has revised the plans to include the addition of 3 small window wells to allow access in and out of the basement. The total impervious area added to the site will be 107 square feet. On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:05 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee, HIP Working Group Ms. Mullins reminded the Commission of the joint meeting with the Recreation Committee on August 23, 2022 to discuss the goals of the Open Space and Recreation Plan. 9 Mr. Hnatko asked staff if there are any updates on the chemical release into Lower Vine Brook caused by the Eversource equipment explosion earlier in the month. Ms. Mullins responded that she has not received any update but is expected to receive any reports when they become available. On a motion by Ms. Ladd and seconded by Mr. Beuttell 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:07 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 9/6/2022 Archived: 9/7/2022