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Home My WebLink About2023-03-06-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, March 6, 2023, 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, Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels (not present: Duke Bitsko) Staff Present: Karen Mullins, Conservation Director, Amber Carr, Conservation Coordinator, and Meghan McNamara, Conservation Department Assistant 6:30 PM New Business/Pending Matters Continued discussion on story walk installation at Parker Meadow Conservation area Mr. Hamilton recapped that the Commission has been provided with verbal comments from a public meeting and written comments submitted from late January to present. A majority of the comments received were in favor of removing the story boards and a significant minority were in favor of leaving the storyboards where they currently are. The Commission is discussing how to proceed with the following options: leave the installation as is, leave the installation in place for a designated period (possibly 6 months or 1 year), reduce the number of storyboards (cannot be below 20 and still act as storyboards per the Library), change the location of some boards to reduce the density, any combination of these options, or remove the story boards altogether. Ms. Ladd asked if the boards could be relocated to more forested areas of the property or if the number of boards could be minimized. Mr. Hnatko stated that he would like to see how the boards look in the Spring and Summer when the vegetation has grown in. Ms. Dohan stated that she likes the concept of drawing more visitors to the Conservation area, and that the boards should be left in place for at least one year before putting more effort into the removal or redesign. Mr. Beuttell stated that it is unlikely that the public will have a big turnaround after living with the storyboards for now, and that a group should provide specific recommendations on how the layout should change, and work with Library staff. Ms. Samuels stated that she understands the value of literacy but that it is too much built structure in a wild area, and she would be inclined to have the boards removed. Mr. Hamilton stated that he is in favor of leaving the boards in place for 6 months to 1 year to explore mitigation options and understand how the boards interfere with the natural experience of Parker Meadow. Ms. Koren Stembridge, Library Director, stated that Mr. David Pinsonneault, DPW Director, has agreed and would be willing to remove and relocate any of the story boards. Ms. Carr stated that she and the summer crew placed flags in the field of the proposed location of the storyboards before they were installed, and encouraged attendees of the grand opening to walk around and view the proposed locations, and that she did express concern for the spacing between the boards. Ms. Dohan asked if a survey was or could be implemented to gather feedback from viewers of the storyboard and data on how many viewers there are. Ms. Stembridge responded that she would be happy to look into a survey. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to volunteer two or three members of the Conservation Commission to work with Library and Conservation staff to explore a way to mitigate the problems that people perceive in the current location and density of the storyboards within 6 months. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:00 PM Discussion and vote on potential collaboration of fee-based Recreational Programs on Conservation Land, Memorandum of Understanding Ms. Melissa Battite, Director of Recreation and Community Programs, on behalf of the Recreation and Community Programs Department, is requesting to enter a non-binding partnership with the Conservation Commission to provide Recreation programs throughout the year on Conservation areas. Ms. Battite stated that registration for Spring programs begins in March. Ms. Carr stated that a Land Use Permit Application would still need to be submitted for each Recreation program for review by staff and the Commission, even after the approval of the MOU. Ms. Battite will return to the next meeting to allow staff and Commission members more time to review the proposed MOU. 7:07 PM New Public Meetings/Hearings 7 Brookwood Road: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-23-1 Applicant/Property Owner: Cristian Predescu Project: installation of three geothermal boreholes within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Request for Determination of Applicability application; Prepared by: Melanie Head, EnergySmart Alternatives, LLC; Date signed by the applicant: 2/8/2023; ⎯ Plans: 5 Brookwood Road Permit Site Plan of Land; Rev date: 6/10/2019; Attachment B; Date: 6/10/2019; Attachment C, Plot Plan; Date: 12/20/2022; ⎯ Project Narrative; Prepared by: EnergySmart Alternatives; Date: 2/8/2023; ⎯ Photograph of site; Not dated; Ms. Melanie Head, EnergySmart Alternatives LLC, and Mr. Cristian Predescu, presented to the Commission. Mr. Predescu stated that the stakes were placed in the incorrect locations for the Commission’s site visit, but that the contractor did this in error and they will be relocated to the correct positions, which are indicated on the plan submitted. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue a Negative Determination with conditions. 7:13 PM 31 Hayes Lane: Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-23-3 (bylaw only) Applicant/Property Owner: Peter Johnson Project: construction of a single-family dwelling with associated site appurtenances, site grading, and a stormwater infiltration system. Limit of work is located outside any jurisdictional areas and review of SW design required by the Planning Board. Documentation Submitted: ⎯ Request for Determination of Applicability application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants; Date prepared: 2/14/2023; ⎯ Proposed Site Plan and Details; Prepared by: Michael J. Novak, Patriot Engineering; Date: 11/28/2022 and revised through 2/6/2023; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; Date: 2/28/2023; Mr. Rich Kirby, LEC Environmental, and Mr. Mike Capachietti, RJ O’Connell, presented to the Commission. Mr. Kirby stated that the proposal is not within any jurisdictional area of the Conservation Commission, but that the Planning Board required a review of the stormwater management system per the Subdivision approval of 35 Hayes Lane. The Lexington Engineering Dept review stated that the number of chambers was incorrectly labeled on the site plan, and Mr. Capachietti stated that the plan will be updated following the meeting, with an updated review from the Engineering Department to be on the record before permit issuance. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue a Negative Determination with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:24 PM 279 Concord Avenue: Notice of Intent ViewPoint Cloud Permit# CNOI-23-4, DEP#201-1284 Applicant/Property Owner: Sylvian Bedard Project: installation of an in-ground swimming pool and patios, and implementation of a landscape plan within the 100-foot buffer zone to Bordering Vegetated Wetland Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants; Date: 2/14/2023; ⎯ Proposed Site Plan; Prepared by: Frederick Russell, PE; Date: 2/2/2023; ⎯ Landscape Plan; Prepared by: Timothy Lee Landscape Design; Date: 2/7/2023 and revised 2/16/2023; ⎯ Stormwater Analysis; Prepared by: Frederick Russell, PE; Date: 2/7/2023 and revised 2/28/2023; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; Date: 2/28/2023 and revised 2/28/2023; Mr. Rich Kirby, LEC Environmental, and Mr. Tim Lee, Timothy Lee Landscape Design, presented to the Commission. The developer of the property received a Complete Certificate of Compliance in September 2022 for the new construction of the single-family dwelling, and the new owner is currently requesting to install a pool and patios, and implement a landscape plan. Mr. Kirby stated that the property owner is also proposing a fence from the rear of the house and following the property line. Mr. Beuttell asked if a residential pool requires an overflow drain or if it will fill up to the brim of the pool during storm events? Mr. Kirby responded that the inground pool, if it were to fill up, would overflow onto the porous paver patio, and that there is also a shallow swale off the rear of the patio but there is no overflow drain proposed for the pool. Mr. Beuttell asked for confirmation of the dimensions of the crushed stone bed surrounding the pool equipment. Mr. Kirby stated that he doesn’t think project engineer Al Gala is taking credit for the crushed stone bed surrounding the pool equipment. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:34 PM Continued Public Meetings/Hearings None New Business/Pending Matters, Continued Request for Certificate of Compliance:127 North Street, VPC# COC-23-5, DEP#201-1137, BL# 1094 (Partial) Mr. Rich Kirby, LEC Environmental, stated that the owner is seeking compliance for all aspects of the project except the restoration plan that was approved at the previous meeting. Ms. Mullins recommended that the Commission not issue a Partial Certificate due to the non-compliance at the site and she felt that there would be no assurance that any new owner would understand the non-compliance issues. Request for Certificate of Compliance: 19 Bellflower Street, VPC# COC-23-7, DEP#201-1238, CNOI-21-36 (Partial) Staff were not able to complete the review for this request and it will be added to the next meeting. Request for Certificate of Compliance: 32 Fairbanks Road, VPC# COC-22-31, DEP# 201-1215, CNOI-21-9 (Partial) On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:46 PM Vote to issue Order of Conditions: 611 Mass Ave, VPC# CNOI-23-2, DEP# 201-1281 The Commission will add a special condition for required monitoring of the planting area for three years. 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: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:49 PM The Commission briefly discussed the possible extension of the typical monitoring period of plant and restoration areas from two years to three years. A two-year monitoring period is the current standard for most Orders of Conditions with planting plans conditioned. Approve Minutes: 2/6/2023 and 2/21/2023 On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Minutes of the February 6, 2023 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:52 PM On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Minutes of the February 21, 2023 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:53 PM Schedule site visits: 3/20/2023 The site visits will take place on Saturday, March 18, 2023 at 9:30 AM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan Mr. Hamilton stated that the Planning Department is initiating a bike-pedestrian stakeholder group to help plan the future of trails and bike paths as part of Lexington’s transportation network. Ms. Dohan added that Lexington received funding to create an official Bike & Pedestrian plan. Ms. Dohan volunteered to be in the stakeholder group representing the Conservation Commission. The Commission confirmed that Ms. Ladd and Mr. Beuttell will be part of the working group for the Parker Meadow storyboards. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:00 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant – Conservation Approved: 4/3/2023 Archived: 4/4/2023