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Home My WebLink About2023-03-20-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,March 20,2023,6:30 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,Duke Bitsko,Alex Dohan,Philip Hamilton (Chairman),Ruth Ladd and Holly Samuels (not present:Jason Hnatko) Staff Present:Karen Mullins,Conservation Director,and Meghan McNamara,Conservation Department Assistant New Business/Pending Matters Discussion and vote on potential Memorandum of Understanding for collaboration of fee-based Recreational Programs on Conservation Land Ms.Melissa Battite,Director of Recreation &Community Programs,presented an overview of the proposed fee-based programming to be held on Conservation-lands in Lexington.Ms.Battite stated that during the Covid-19 pandemic,four or five Recreation programs were being held on Conservation Land with the approval of Conservation staff,and the programs were not fee-based since funding was provided through a grant.Conservation and Recreation staff discussed and felt it appropriate to provide a flat fee donation to the Nature Trust Fund rather than a percentage-based fee that could vary significantly depending on the program.Members of the Commission are satisfied with the pilot program as described and agree that a $50 fee per Recreation program,regardless of how many sessions (“days”)is acceptable.The Commission did request before and after photos to be provided to show any impact made to the Conservation areas used for Recreation programs,and will reconsider the pilot program again after the summer season to determine if any adjustments need to be made to the Memorandum of Understanding. Request for Certificate of Compliance:5 Brookwood Road,ViewPoint Cloud Permit# COC-21-35,DEP#201-1136,BL 1093 On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 6:55 PM Request for Certificate of Compliance:203 Marrett Road,VPC#COC-23-4,DEP#201-1239, CNOI-21-35 On a motion by Ms.Dohan 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 Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 6:56 PM Request for Certificate of Compliance:19 Bellflower Street,VPC#COC-23-7,DEP#201-1238, CNOI-23-6 (Partial) On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 6:57 PM On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to rescind the vote for a Complete Certificate of Compliance,due to the need for ongoing plant monitoring,and vote to issue a Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:08 PM Conservation Plan Modification/Insignificant Plan Change:18 Peacock Farm Road,VPC# CPM-23-5,DEP#201-1222,CNOI-21-16 On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to approve the plan change request. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:03 PM Conservation Plan Modification/Insignificant Plan Change:94 Grove Street,VPC#CPM-23-4, DEP#201-1273,CNOI-22-23 Mr.Russell Tedford,Hancock Associates,presented on behalf of the applicant/property owner. The applicant is requesting to add a wooden deck and stairs off the back of the house.The site plan was also revised to include a FENO marker on the northwestern property corner. On a motion by Ms.Samuels and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to approve the plan change request. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:06 PM Vote to issue Order of Conditions:279 Concord Avenue,VPC#CNOI-23-4,DEP#201-1284 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 Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:07 PM New Public Meetings/Hearings Notice of Intent:15 Peacock Farm Road ViewPoint Cloud Permit#CNOI-23-5,DEP#201-1287 Applicant/Property Owner:Christos Maravelias,Trustee,Christos Maravelias Trust 2015 Project:Construct a deck and portico and realign a walkway leading to an existing home entrance.Replace existing driveway with permeable asphalt.Portions within 100-foot buffer zone to BVW Documentation Submitted: ⎯WPA Form 3 Notice of Intent application and attachments;Prepared by:Mary Trudeau; Date signed:1/18/2023; ⎯Existing Conditions Plan;Prepared by:Commonwealth Engineering Inc;Stamped by: Erich R.Nitzsche,PE;Date:2/28/2023; ⎯Description of Work;Not dated; ⎯Calculation Summary;Stamped by:Erich R.Nitzsche,PE;Date:11/9/2022; ⎯Town Engineering Comments;Date:3/16/2023; Ms.Mary Trudeau,wetlands consultant,presented to the Commission.Ms.Trudeau stated that during the Commission’s site visit,members of the Commission questioned the dimensions and the pitch of the proposed overhang.Ms.Trudeau answered that the proposed overhang is approximately 13 feet long by 5.5 feet wide,and that two feet of the overhang is underneath the overhang that is currently on the house. Questions and Comments from the Commission: ⎯The proposed location of the walkway entrance seems close to the road.Wouldn’t this make people entering the house want to walk on the grass as a shortcut? ⎯Would like to see an Operation and Maintenance plan (for the permeable asphalt)so that it can be provided to the homeowner.Would prefer not to have sand proposed as a de-icing solution. ⎯This proposal does not address the Performance Standards.This proposal is swapping impervious surface for impervious surface which isn’t the way the Commission typically conducts their review.The Commission does not have an impervious cover performance standard. ⎯The proposed overhang does not make the house any less conforming than it currently is. Responses from the Representative: ⎯The homeowners will access the house through the garage primarily.The proposed canopy extends out to make the entrance visible from the roadway.The applicant wants more vegetation between the walkway and the house for privacy. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to continue the hearing to the April 3,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:26 PM Notice of Intent:33 Hayes Lane ViewPoint Cloud Permit#CNOI-23-7,DEP#201-1286 Applicant/Property Owner:Peter Johnson Project:construct a single-family dwelling with attached garage and associated site appurtenances.A portion of the stormwater management system and site grading are proposed within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯Notice of Intent application;Prepared by:Richard Kirby,LEC Environmental Consultants,Inc.;Date:2/28/2023; ⎯Stormwater Analysis and Calculations;Prepared by:Patriot Engineering;Stamped and signed by:Michael Novak,PE;Date:2/17/2023; ⎯Proposed Site Plan;Prepared by:Patriot Engineering;Stamped and signed by:Michael Novak,PE;Date:2/6/2023; Mr.Richard Kirby,LEC Environmental,presented to the Commission.The Commission did not have any comments or questions. On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:36 PM Notice of Intent:35 Hayes Lane ViewPoint Cloud Permit#CNOI-23-8,DEP#201-1285 Applicant/Property Owner:Peter Johnson Project:construct a garage addition,hardscaping,and Hayes Lane roadway improvements. Portions of the proposed project will occur within the outer portion of the 200-foot Riverfront Area,and within the 100-foot buffer zone to Bordering Vegetated Wetlands.A land donation is proposed. Documentation Submitted: ⎯Notice of Intent application;Prepared by:Richard Kirby,LEC Environmental Consultants,Inc.;Date:2/28/2023; ⎯Stormwater Analysis and Calculations;Prepared by:Patriot Engineering;Stamped and signed by:Michael Novak,PE;Date:2/17/2023; ⎯Definitive Subdivision Plan Set;Prepared by:Patriot Engineering;Stamped and signed by:Michael Novak,PE;Date Revised:12/7/2022; ⎯Proposed Site Plan (Sheet 1)and Details (Sheet 2);Prepared by:Patriot Engineering; Stamped and signed by:Michael Novak,PE; Mr.Rich Kirby,LEC Environmental,and Mr.Mike Novak,Patriot Engineering,presented to the Commission.An infiltration system is being proposed that will capture runoff from the garage addition and a portion of the driveway in order to offset the impact associated with the widening of Hayes Lane.There is a 468 square foot increase in Degraded Riverfront Area since a portion of the garage addition,the retaining wall,and fieldstone steps are located within the existing lawn.The applicant is proposing a land donation of Parcel 1 and Parcel 2,totaling 42,124 square feet,and providing stormwater management in excess of what is required under the bylaw and WPA,to offset the increase in Degraded Riverfront Area.Mr.Kirby clarified that each lot in this subdivision (31,33 and 35 Hayes)will have a separate driveway. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 7:51 PM New Business/Pending Matters,Continued Update on remote meeting extension expiration on March 31,2023 Staff stated that there is no official update yet on the remote meeting extension. MassDEP releases updated Handbook for Delineation of BVW’s and Inland Wetland Replacement Guidelines The MassDEP has recently released updated versions of the Handbook for Delineation of Bordering Vegetated Wetlands and the Inland Wetland Replacement Guidelines.These updates will take effect immediately for the Commission’s review of applications. Appoint Conservation Commission to Tree Statement of Concern Working Group Mr.Charlie Wyman is organizing a group of volunteers to brainstorm how to protect Lexington’s tree canopy and he requests a representative from the Conservation Commission to participate in the meetings and discussion.Ms.Ladd and Mr.Bitsko volunteered. Rescind 1999 Article 34 $3 million Bond Authorization for land acquisition On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to support the Town Manager ’s request that the 1999 Article 34 $3 million Bond Authorization for land acquisition be rescinded,as it is no longer needed,since most land purchases now come through the Community Preservation Act funds. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 8:04 PM Approve Minutes:3/6/2023 meeting The Minutes were not ready and will be voted on at the next meeting. Schedule site visits:4/3/2023 meeting The site visit with the MWRA will take place on Tuesday,March 28,2023 at 5:30 PM and all other site visits will take place on Saturday,April 1,2023 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 Ms.Samuels informed the Commission that she will not be requesting a reappointment on the Conservation Commission when her term expires at the end of the month. On a motion by Ms.Samuels and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell –Aye Duke Bitsko –Aye Alex Dohan –Aye Ruth Ladd –Aye Holly Samuels –Aye Phil Hamilton –Aye 8:15 pm Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:5/1/2023 Archived:5/2/2023