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HomeMy WebLinkAbout2022-09-06-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, September 6, 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 (arrived 6:45 PM), Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director, Amber Carr, Conservation Coordinator, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters Presentation on the draft Chiesa Farm Field Management Plan by Land Stewardship Inc. Ms. Jessica Applin and Mr. Chris Polatin, both with Land Stewardship Inc., presented the draft Chiesa Farm Field Management Plan and provided an overview of public feedback and comments provided. Feedback from the public was consolidated into four main goals: maintaining open space for recreation, supporting biodiversity to increase habitat complexity, maintaining agricultural aesthetics, and management of invasive plants. Land Stewardship Inc. used these goals to create the draft plan. A comment period will remain open to the public until September 30, 2022. 7:02 PM New Public Meetings/Hearings Notice of Intent: 65 Locust Avenue ViewPoint Cloud Permit# CNOI-22-19, DEP#201-1267 Applicant: Jamie Osborn, Finnegan Development Property Owner: Jamie Osborn, 65 Locust Road, LLC Project: Construction of a patio, site grading, and removal of a tree within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 8/16/2022; ⎯ Sheet 1 Proposed Site Plan and Sheet 2 Proposed Site Plan; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 8/5/2022; ⎯ Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 8/5/2022; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 65 Locust Avenue NOI Comments; Date: 8/30/2022; Mr. Rich Kirby, LEC Environmental, Mr. Mike Novak, Project Engineer, and Mr. Jamie Osborn, applicant were present at the meeting. Mr. Beuttell stated that the Commission typically doesn’t allow runoff to flow from impervious pavers to permeable pavers, referring to the proposed driveway. Mr. Beuttell asked if the entire proposed driveway would be made of pavers and also if it would be possible to keep the area of porous pavers the same but change the arrangement because he is concerned about the increased sediment load from pavers to porous pavers. Mr. Osborn responded that the intent was that visually one wouldn’t see the difference in pavers but he is open to changing the configuration. Mr. Novak responded that the intent is to have the entire driveway as pavers. Mr. Bitsko stated that the site plan calls out the permeable pavers as porous pavement, and asks if that was a mistake. Mr. Bitsko asked if the detail is permeable pavers and not porous pavement, if the applicant is proposing the same type of maintenance? Mr. Novak responded that the maintenance will remain the same, with sweeping in place to keep the joints clean, but can adjust the plan to make it more specific for the property owners. Mr. Bitsko asked that this be added to the construction and long term checklist. Concern was raised for the 12-inch oak tree in close proximity to the rear infiltration system and Mr. Novak responded that it shouldn’t be a problem to shift the infiltration system farther away to prevent damage and/or removal of the tree. Later in the discussion Mr. Kirby clarified that the applicant actually intends to remove the 12-inch oak by the infiltration system and Mr. Osborn added that a replacement tree can be planted elsewhere on the property. Mr. Abira Ramakrishnan, owner of 43 Churchill Lane, asked if any chemicals would be used in the construction of the patio and deck, and if there would be any wildlife impact. Mr. Kirby responded that pressure treated wood will be used in the construction of the deck and that no cleaning chemicals are proposed for the deck and patio. Mr. Osborn added that no chemicals would be used for construction purposes. Additionally, Mr. Ramakrishnan raised concern on the dozen trees removed along the property boundary and asked if the builder would be open to planting a natural screening along the property boundaries. Mr. Kirby responded that, although these trees are outside the jurisdictional 100-foot buffer zone, he will discuss the option of replacement trees with the builder. Chairman Hamilton added that the Commission does not have the authority to require the applicant to plant trees along the shared property boundary with Mr. Ramakrishnan. Mr. Kirby stated that the continuance request will allow the applicant time to update the site plan and stormwater report with the following: reference pervious pavers throughout the plans and stormwater report, revise the Operation & Maintenance plan to address how the pervious pavers will be maintained, reconfigure the driveway porous pavers, add two sapling oak trees and indicate that the 12-inch oak is to be removed. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the September 19, 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 7:26 PM Notice of Intent: 27 Brent Road ViewPoint Cloud Permit# CNOI-22-20, DEP#201-1269 Applicant/Property Owner: Ronghua (Victor) Hu Project: construction of a wooden deck and enclosure of a sunroom within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 8/16/2022; ⎯ Wetland and Buffer Zone Mitigation Planting Plan; Prepared by: LEC Environmental; Date: 8/12/2022; ⎯ Notice of Intent Plan; Prepared by: LandPlex; Stamped and signed by: Nicolas M. Reitzel, PE Civil No. 42694; Date: 7/6/2022; Mr. Rich Kirby, LEC Environmental, presented to the Commission. The applicant is proposing 3,600 square feet of on-site mitigation to establish a 14:1 ratio of mitigation for the proposed deck. Chairman Hamilton stated that the construction of the deck significantly diminishes the wetland buffer zone and that it would be difficult to approve this proposal of a structure within the 25- foot buffer zone. Mr. Kirby responded that there would be no removal of historic fill, and that the deck will encourage the family to utilize the space and confine their activities to the deck area. Mr. Beuttell stated that he thought this was a consistent approach to what has been approved by the Commission in the past. He asked Chairman Hamilton if the issue of approving the proposal is due to the deck being so close to the ground, or its proximity to the wetland, or both? Mr. Hamilton responded that it’s both of those items. The possibility of adding a railing to the deck to enclose it from the wetland area was discussed. Mr. Kirby stated that if adding a railing to the deck would help the project get approved then the homeowner would be open to that. Ms. Dohan stated that by making the railing a bench, it could encourage people to sit on the deck and use the space. Ms. Dohan added that access to the wetlands is important for children to learn and explore. 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 September 19, 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 7:53 PM Notice of Intent: 141 Pleasant Street ViewPoint Cloud Permit# CNOI-22-21, DEP#201-1268 Applicant/Property Owner: Joseph Gelormini, JMG Development Corporation Project: raze and rebuild a single-family dwelling with associated site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 8/16/2022; ⎯ “Notice of Intent Site Plan” and “Notice of Intent Details”; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 8/10/2022 and revised (1) 8/31/2022; ⎯ Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 8/10/2022; Mr. Rich Kirby, LEC Environmental, and Mr. Mike Novak, Patriot Engineering, presented to the Commission. Questions and Comments from the Commission: ⎯ Is there a detail for the porous section with the perforated pipe for the proposed patio? Appears to be pushing a lot of water through a narrow area and questioning if the system will perform the way the stormwater management says it will. ⎯ It looks like the contour along the proposed driveway would push runoff to the side. It wouldn’t take a small deviation from this plan to not make the water reach the trench drain. ⎯ What is the condition between the house and the retaining wall? Responses from the Representative: ⎯ There is a detail for the patio section. A few sections of the paver will be open jointed and does assume that all the water will pass through the narrow strip. Not presuming that the runoff from the entire patio will be going to a small section that is porous. ⎯ There is a 4-inch berm along the entire right edge of the driveway. Anticipated the issue of things falling off to the right and proposed this from the garage to the trench drain. ⎯ Tried to incorporate a visual barrier with the retaining wall, but the area between the house and wall is just going to be a lawn area. Mr. TS Ramesh, owner of 5 Webster Road, asked if there will be any filling in the back of the house that would create excess runoff onto his property. Mr. Kirby responded that there will be no filing or grading beyond the retaining wall and explained the function of the subsurface infiltration system to Mr. Ramesh. Lastly, Mr. Ramesh asked if the proposed house will be raised higher than the existing. Mr. Novak responded that the first-floor elevation of the proposed house is 6-7 inches higher than the current house, however the proposed house is 2.5 stories while the existing house is only 1 story. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the September 19, 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 8:18 PM Continued Public Meetings/Hearings 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 Previous Meeting Date: 8/22/2022 Supplemental Documentation Submitted: ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 443 Massachusetts Ave NOI Comments 3; Date: 8/22/2022; ⎯ “Riverfront Area Mitigation Planting Plan”; Sheets 1 and 2 of 2; Date: 8/22/2022; Mr. Richard Kirby, LEC Environmental, stated that revisions were made to the mitigation plan based on comments made during the previous meeting and site visits with Commission members and staff. A favorable engineering report was provided by the engineering department. On a motion by Ms. Samuels 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:21 PM 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: ⎯ Revision Letter; From: Stamski and McNary, Inc.; Date: 8/22/2022; ⎯ Sheet 1 “Pre-Development Drainage Map”; Sheet 2 “Post-Development Drainage Map”; Prepared by: Stamski and McNary, Inc.; Date: 7/1/2022 and revised (2) 8/22/2022; ⎯ Sheet 1 of 1 “Grading & Drainage Plan”; Prepared by: Stamski and McNary, Inc.; Date: 7/1/2022 and revised (2) 8/22/2022; ⎯ Stormwater Management Report; Prepared by: Stamski and McNary, Inc.; Date: 7/5/2022 and revised (2) 8/22/2022; ⎯ Town engineering comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 42 Winthrop Rd NOI Comments 3; Date: 8/30/2022; ⎯ Revised hydrograph report; Date: 8/31/2022; Ms. Molly Obendorf, Stamski & McNary, presented to the Commission. Ms. Obendorf stated that spot grades for the driveway were added to the site plan, and that the phrase “in perpetuity” was removed on site plan in regards to the Japanese knotweed management, at the request of the Commission. The basement floor elevation was lowered to 1.5 feet above the Estimated Seasonal High Groundwater table and mitigation is provided for the foundation drain and sump pump discharge. Favorable comments were received from the town engineering department. On a motion by Mr. Hnatko and seconded by Ms. Dohan, 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 Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:26 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: ⎯ Supplemental Information letter and attachments; Prepared by: Goddard Consulting; Date: 8/30/2022; ⎯ Stormwater Report; Prepared by: Everett M Brooks Company; Stamped and signed by: Michael S. Kosmo, PE Civil No. 31480; Date: 8/29/2022; ⎯ Sheet 1 of 2 “Site Plan of Land in Lexington, MA”; Sheet 2 of 2 “Site Plan of Land in Lexington, MA”; Prepared by: Everett M Brooks Company; Stamped and signed by: Michael S. Kosmo, PE; Date: 4/26/2022 and revised (4) 8/29/2022; On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing to the September 19, 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 8:27 PM Notice of Intent: 501 Marrett Road ViewPoint Cloud Permit# CNOI-22-15, DEP#201-1270 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 Previous Meeting Date: 7/25/2022, 8/8/2022 Supplemental Documentation Submitted: ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation; Subject: 501 Marrett Road NOI Engineering Comments 3; Date: 8/30/2022; Mr. Brian Geaudreau, Hancock Associates, presented the revisions made to the site plan to accommodate concerns from the Commission and the engineering department. A favorable engineering report was provided and the Commission was satisfied with the changes made. Mr. Hamilton recused himself from voting because he was not at the previous meeting. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 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 Holly Samuels – Aye Jason Hnatko – Aye 8:34 PM New Business/Pending Matters, Continued 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 to the Commission. Based on the Commission’s comments from the previous meeting, Mr. Hsu updated the permeability and maintenance plan on the plan change request. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Conservation Plan Modification/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 8:41 PM Request for Certificate of Compliance: 20 Ingleside Road, VPC# COC-22-17, DEP#201-1206, CNOI-20-35 (Partial) The applicant provided video documentation of runoff being directed towards the edge of the driveway and running down the side of the driveway into the trench drain. Ms. Mullins stated that the original approved grading plan did show the runoff as sheet flow across the driveway; however, the plan did not have specified spot grades. Mr. Chris Broyles, Meridian Associates, was present to answer questions from the Commission. Mr. Broyles stated that, although the runoff shown in the video was water from a hose, he did not see any water bypass the trench drain grate. The Commission did not vote to issue a Certificate and would like to see a barrier in place that won’t erode over time that connects the driveway runoff to the trench drain. 8:54 PM Review and approve FY22 Annual Report- Conservation Office and Conservation Commission On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Annual Report with the recent revisions made by Ms. Ladd. 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 8:55 PM Vote to approve a $1,305 expenditure from the Lexington Nature Trust Fund to cover costs of the West Farm Meadow preservation project On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the $1,305 expenditure from the Lexington Nature Trust Fund. 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 9:00 PM Land Use Permit Application: Review and vote on LUPA-96; request from the Native Plant Trust to conduct a native plant survey at Whipple Hill On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the Land Use Permit Application #96. 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 Land Use Permit Application: Review and vote on LUPA-95; request from Munroe Center for the Arts to host a fee-based nature journaling walk at Willard’s Woods On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Land Use Permit Application #95. 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 9:03 PM Schedule site visits for 9/19/2022 Meeting No site visits were scheduled for the upcoming meeting. Approve Minutes: 7/25/2022, 8/8/2022 and 8/22/2022 On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to approve the Minutes of the July 25, 2022 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 9:04 PM On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Minutes of the August 8, 2022 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 9:05 PM On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Minutes of the August 22, 2022 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 9:06 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. Samuels shared photos and an update on Dunback Meadow after a recent clearing of invasive vegetation by stewards and volunteers and removal of debris by summer interns. On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 9:09 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 9/19/2022 Archived: 9/20/2022