HomeMy WebLinkAbout2023-07-10-ConCom-minPUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday,July 10,2023,6:30 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,Jason Hnatko and Ruth Ladd
(Vice-Chair)
Staff Present:Karen Mullins,Conservation Director,Amber Carr,Conservation Coordinator,
and Meghan McNamara,Department Assistant
6:30 PM New Business/Pending Matters
56 Grassland Street request to amend the Order of Conditions (CNOI-22-31,DEP#201-1279)
Mr.Richard Kirby,LEC Environmental,on behalf of the property owner,is requesting feedback
from the Commission on a possible request for an amended Order of Conditions.After speaking
with the contractor,the property owner has determined it would be more cost effective to
demolish the existing dwelling and construct a new dwelling on top of the existing foundation,
with no changes to the footprint of the structure as previously approved.Mr.Kirby did not think
that there would be any changes in the height of the structure and the roof line.Mr.Kirby stated
that the homeowner did not provide any information from a structural engineer that confirms the
foundation is sound in order to construct above it.The Commission requested confirmation on
the height of the structure and the roof line,and requested a statement from a structural engineer.
Conservation Plan Modification/Insignificant Plan Change:15 Fairland Street (now Common
Court),CPM-23-13,CNOI-20-15 (bylaw only)
Mr.James DeCelle,project manager with DeCelle-Burke-Sala &Associates,Inc.,presented the
plan change request.The request is for minor grade changing on the adjacent parcel (42-232B)to
allow for the construction of a road without the need for a retaining wall.
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to approve the insignificant plan change.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:49 PM
Request to extend the Order of Conditions:15 Fairland Street (now Common Court),
EXTO-23-1,CNOI-20-15 (bylaw only);Applicant is requesting a 3-year extension from
7/13/2023 to 7/13/2026
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to approve a three-year extension to the Order of Conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:50 PM
Updated priorities discussion following 5/22 joint meeting with Conservation stewards
Staff recently sent a poll to Conservation Commission members and Land Stewards to update the
goals and priorities list since the last update to the list was a few years ago.Ms.Carr presented
the updated list.
The Commission voted 4-0 by roll call vote to approve the updated goals and priorities list as
presented.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:01 PM
Mr.Mike Tabaczynski,Greenway Corridor ’s Committee (GCC),presented the GCC’s thoughts
on proposing an ACROSS Lexington route in the northern end of town using Simonds Brook.Of
the three public entrances that have access to Simonds Brook,the most feasible would be at the
end of Rangeway Road.This concept would require relocating the trail entrance and construction
of a 64-foot boardwalk.Ms.Mullins stated that his project is already slated for Fiscal Year 2026.
The Commission will plan a site visit before deciding on this proposed route.
7:10 PM
New Public Meetings/Hearings
Request for Amended Order of Conditions:22 Village Circle
ViewPoint Cloud Permit#AOOC-23-4,DEP#201-1195,CNOI-20-25
Applicant/Property Owner:Dinesh H.Shanthappa Savitha Y.Shivaiah
Project:modifications to grading of driveway and drainage system
Documentation Submitted:
⎯Lexington Engineering Comments;Subject:22 Village Circle Second AOOC Comments;
Date:6/27/2023;
⎯Drainage/Grading Plan;Date:10/12/2018 and revised (5)5/18/2022;
⎯Drainage/Grading Plan;Date:10/12/2018 and revised (6)6/5/2023;
⎯Engineering Drainage Calculations;Date:6/5/2023;
⎯Letter Describing Request;From:Al Gala,GSA;Date:6/6/2023;
Mr.Al Gala,project engineer with Gala Simon Associates,presented to the Commission.The
land surveyor informed Mr.Gala that the garage foundation was 14 inches lower than what was
shown on the proposed plan and therefore Mr.Gala had to redesign the plan to modify the
driveway grading and drainage system.
Questions and Comments from the Commission:
−Is there a difference in the roof area being collected in the infiltration system versus what
was originally approved?
−Does porous paver material function properly at the proposed slope?
Responses from the Representative:
−The proposed infiltration system will collect slightly more roof runoff than what was
previously approved since some is now being collected from the rear of the house.
−The driveway material did not change,and is only slightly steeper than previously
designed.
−The Town has a 10%maximum slope for porous paver material.The proposed design
will not meet the recommended 5%slope for a length of 20 feet.
Mr.Bitsko stated that,in the past,when porous asphalt material was in excess of the 5%slope,
the Commission asked for the installation of a small baffling system underneath the material to
promote infiltration into the ground.Ms.Mullins stated that the bottom elevation of the driveway
bed should be installed at the same elevation along the slope,eliminating any slope in the bed
that would cause runoff to rush down the hill.The Commission will require a condition that a
poly sheet baffle be shown on the site plan and installed in the bed of the driveway.
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:23 PM
Notice of Intent:22 Partridge Road
ViewPoint Cloud Permit#CNOI-23-17 (Local Bylaw Only)
Applicant/Property Owner:Naoki Kawakami
Project:construction of an addition,stormwater infiltration system,permeable paver patio and
walkway,and partial replacement of asphalt driveway with permeable pavers,within the
100-foot buffer zone to Isolated Vegetated Wetlands
Documentation Submitted:
⎯Notice of Intent application and attachments;Prepared by:Dominic Kemmett,Oxbow
Associates,Inc.;Date:6/6/2023 and revised 6/23/2023;
⎯Site Photos;Prepared by:Oxbow Associates,Inc.;Misc.Dates;
⎯Stormwater Analysis;Prepared,stamped and signed by:Frederick W.Russell,PE;Date:
6/1/2023;
⎯Site Plan;Prepared,stamped and signed by:Frederick W.Russell,PE;Date:6/1/2023
and revised (1)6/28/2023;
⎯Lexington Engineering Comments;Subject:22 Partridge Road NOI Comments;Date:
6/23/2023;
⎯Plot Plan;Prepared by:Summit Surveying Inc.;Date:5/26/2023 and revised 6/27/2023;
⎯Architectural Drawings;Prepared by:Revere Architecture;Date:5/16/2023 and revised
6/30/2023;
⎯Conservation Commission Presentation;Date:5/16/2023 and revised 6/30/2023;
Mr.Dominic Kemmett,Oxbow Associates,and Mr.Carl Solander,Principal Architect,presented
to the Commission.
Questions and Comments from the Commission:
−Concerned with the location of the infiltration system within the 25-foot buffer zone to
wetlands.Could they raise the grade behind the addition and make cultec chambers
deeper to remove outside the 25-foot buffer zone?
−Would prefer to see Feno markers delineating the wetland buffer area,and an area that
could become naturalized over time.
−Could the end of the driveway be pitched towards Partridge Road to eliminate water
coming onto the property?
Responses from the Representative:
−There is ledge near the patio and a large tree,therefore not a suitable location to move the
infiltration away from the 25’buffer.Also concerned with the system in close proximity
to the permeable pavers and the weight.The permeable pavers were essential to meeting
the performance standards.
−No test pits were performed in the front of the house.
The Commission asked for the project representatives to consider creating a hump at the end of
the driveway,add Feno markers to the site plan,and to add the intended limit of work to the site
plan.The Commission would also like the applicant to consult with the project engineer to
determine if the infiltration system can be relocated outside the 25-foot buffer zone.
The Commission voted 4-0 by roll call vote to continue the hearing to the July 24,2023 meeting
at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:43 PM
Request for Determination of Applicability:1-108 Drummer Boy Way
ViewPoint Cloud Permit#CDOA-23-8
Applicant/Property Owner:Drummer Boy Homes Association,Inc.
Project:installation of a new catch basin and connection to existing drainage system
Documentation Submitted:
⎯Lexington Engineering Comments;Subject:1-108 Drummer Boy Way RDA Comments;
Date:6/28/2023;
⎯Proposed Drainage Improvements Plan;Prepared by:DGT Associates;Date:3/7/2023
and revised 6/14/2023;
⎯Project Narrative and photographs;From:Kevin Riopelle,DGT Associates;Date:
5/22/2023;
⎯WPA Form 1 application;Prepared by:Kevin Riopelle,DGT Associates;Date signed by
the applicant:5/19/2023;
Mr.Kevin Riopelle,project engineer with DGT Associates,presented to the Commission.Mr.
Riopelle informed the Commission that the existing leaking catch basin at the site has been
overflowing and sheeting across the pavement surface,creating safety and erosion issues
especially when the water freezes in the winter.Mr.Riopelle is proposing to remove the existing
leaking catch basin and install a new deep sump that will overflow into the existing drainage
system.The Commission asks that the management company understand the requirements of the
Operation and Maintenance plan for the structure.Mr.Riopelle agreed and stated that keeping
the grate clean and maintaining surface debris would be important.
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:49 PM
Request for Determination of Applicability:236 Grove Street
ViewPoint Cloud Permit#CDOA-23-10
Applicant/Property Owner:236 Grove Street Lexington,LLC c/o Jason Brickman
Project:landscape work within the outer portion of 100-ft Buffer Zone to an off-site Bordering
Vegetated Wetland.Work includes replacing a 10'x 16'garden with lawn,removal of 3 invasive
plants located at garden corners,removal of fallen tree log,installation of 4-ft high chain-link
fence alongside and rear property boundaries.
Documentation Submitted:
⎯Photographs of Site;Date:4/5/2023;
⎯Request for Determination of Applicability application and attachments;Prepared by:
Richard Kirby,LEC Environmental Consultants;Date:6/20/2023;
⎯Proposed Plan;Prepared by:Keenan Survey;Date:6/6/2022;
The representative was not available and the discussion was delayed until he was present at the
meeting.
7:50 PM
Continued Public Meetings/Hearings
Request for Determination of Applicability:28 Woodpark Circle
ViewPoint Cloud Permit#CDOA-23-7
Applicant/Property Owner:Leslie Goldberg
Project:demolition and removal of an in-ground pool,concrete patio area,fence and shed,and
removal of arborvitaes and shrubs within the 100-foot buffer zone to Bordering Vegetated
Wetlands
Previous Meeting Date:5/30/2023
Supplemental Documentation Submitted:
⎯Wetlands Delineation
⎯Project Summary
Ms.Leslie Goldberg,property owner,presented a wetland delineation that was performed by
LEC Environmental Consultants.Ms.Goldberg stated that multiple tree companies had come out
in the past to assess the health of the trees behind the pool area,however the trees were
ultimately removed without approval of the Conservation Commission.The Commission will
require a planting plan to mitigate for the removal of the trees and this can be overseen by staff.
On a motion by Mr.Beuttell and seconded by Mr.Bitsko,the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:10 PM
Request for Determination of Applicability:236 Grove Street
ViewPoint Cloud Permit#CDOA-23-10
Applicant/Property Owner:236 Grove Street Lexington,LLC c/o Jason Brickman
Project:landscape work within the outer portion of 100-ft Buffer Zone to an off-site Bordering
Vegetated Wetland.Work includes replacing a 10'x 16'garden with lawn,removal of 3 invasive
plants located at garden corners,removal of fallen tree log,installation of 4-ft high chain-link
fence alongside and rear property boundaries.
Documentation Submitted:
⎯Photographs of Site;Date:4/5/2023;
⎯Request for Determination of Applicability application and attachments;Prepared by:
Richard Kirby,LEC Environmental Consultants;Date:6/20/2023;
⎯Proposed Plan;Prepared by:Keenan Survey;Date:6/6/2022;
Mr.Rich Kirby,LEC Environmental,presented to the Commission.Mr.Jason Brickman,
property owner,informed the Commission that the buyers no longer want to install the chain link
fence around the property line and instead want a post and rail fence outside the 100-foot buffer
zone.Mr.Brickman added that the buyers also want to put a garden where the current garden is
being removed.The Commission will condition that there be 5 Feno markers installed instead of
the originally proposed 7,and the plan be updated to remove the proposed chain link fence.
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:31 PM
Request for Determination of Applicability:12 Kay Tiffany Way
ViewPoint Cloud Permit#CDOA-23-6
Applicant/Property Owner:Kay Tiffany Way LLC
Project:revise a previously approved limit of work to expand site grading
Documentation Submitted:None
Mr.Mike Novak,project engineer,presented to the Commission.Town Engineering staff
reviewed this request to ensure it meets compliance with the Order of Conditions for the entire
subdivision,and Performance Standards 5(2)and 5(6).Mr.Bitsko stated that he would like
additional trees to be planted within the buffer zone,in addition to the 16 shrubs that are being
proposed within the mulch bed.The Commission decided that 5 trees shall be placed within the
buffer zone and herbaceous plant species will be placed to fill in the understory area.
On a motion by Mr.Hnatko and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:54 PM
Amendment to the Order of Conditions:Parker Meadow Conservation Area
ViewPoint Cloud Permit#AOOC-23-3,CNOI-20-23,DEP#201-1193
Applicant/Property Owner:Town of Lexington Conservation Commission
Project:installation of twenty story walk posts within the previously approved limit of work line
Previous Meeting Date:6/12/2023
Documentation Submitted:
⎯Conceptual Design Proposal C
⎯Proposed Storyboard Sign Locations;Date:5/26/2023;
⎯Conceptual Options provided by J.Himmel;Date:6/12/2023;
⎯Email from J.Himmel;Subject:Parker Meadow Storyboard Placement Proposal;Date:
6/19/2023;
Mr.Beuttell,as a member of the working group,stated that the group previously met with Mr.
Jon Himmel to review the proposed Option C,as well as the previous options proposed by the
working group.Mr.Himmel presented Option C,which redistributes 20 story boards so that
visitors can experience Parker Meadow with and without storyboards on certain trails.
Ms.Carr,Conservation Coordinator,stated that Parker Meadow is the only ADA (Americans
with Disabilities Act)accessible area in Lexington with storyboards.She added that although
children are the key consideration,the level of cognitive reading can apply to all visitors,and
especially the ADA community.
Mr.Matt Iverson,12 Ledgemont Lane,asked what priority does this fall under for the
Conservation Commission?Mr.Bitsko responded that one of the purposes of the Conservation
Commission is to provide outreach and education.
Mr.Tad Dickenson,48 Hancock Street,stated that the story boards are not appropriate for open
Conservation areas and more appropriate for areas where children gather.
Mr.Gary and Ms.Kathy Johnson,54 Hancock Street,stated that the story boards disrupt the
natural beauty of Parker Meadow.
Ms.Kathy Scott,30 Revere Street,stated that the story boards should be removed.
Ms.Anne MacDonald-Broun,50 Hancock street,stated that if the story boards won’t be
removed from Parker Meadow,then the Commission should at least provide a revised plan to
give visitors the opportunity to experience the Conservation area without being forced to see the
story boards.
Mr.Ted Lyman,7 Longfellow Road,stated that the installation of the story boards is a violation
of the public trust.
On a motion by Mr.Beuttell and seconded by Mr.Bitsko,the Commission voted 3-1 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Nay
9:49 PM
New Business/Pending Matters,Continued
Request for Certificate of Compliance:3 Diamond Road,VPC#COC-23-9,DEP#201-1149,
BL#1105
Ms.Mullins stated that a plant inventory was not provided and this will be continued to a future
meeting once that information is provided.
Request for Certificate of Compliance:1 Joseph Comee Road (Pheasant Brook Estates);DEP#
201-153
On a motion by Mr.Hnatko and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call
vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
9:51 PM
Approve Minutes:1/30/2023,5/22/2023,5/15/2023 and 6/12/2023 meetings
Members of the Commission were not able to review the Minutes and this will be put on the next
meeting for a vote.
Schedule site visits:7/24/2023 meeting
The site visits will take place on Tuesday,July 18,2023 at 6:30 PM
Reports:Enforcement Updates,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.Mullins informed the Commission of two recent enforcement orders issued by staff.While
at a site visit for an abutting property,it was witnessed by staff that 3 Joseph Comee Road was
altering the property beyond the scope of work approved under the current Order of Conditions.
Staff required all work to stop and for the property owner to present an existing conditions plan
to determine next steps.Staff were also notified of construction occurring at 52 Turning Mill
Road without a building permit and Conservation approval.The property owner will attend a
future meeting to discuss next steps with the Commission.
On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
9:58 PM
Respectfully Submitted,
Meghan McNamara
LUHD Department Assistant –Conservation
Approved:9/5/2023
Archived:9/11/2023