The URL can be used to link to this page

Home My WebLink About2023-08-07-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,August 7,2023,6:30 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 (Chair),Jason Hnatko and Ruth Ladd;not present:Duke Bitsko Staff Present:Meghan McNamara,Department Assistant 6:30 PM New Business/Pending Matters Discussion on 52 Turning Mill Road Enforcement Order issued for construction of a carport/pergola without Conservation Commission approval Ms.Dohan recused herself from the discussion because she lives in close proximity to the subject property. Prior to the meeting,staff were notified of the construction of a pergola structure without issuance of a building permit and Conservation approval.The property owner,Mr.Jeong-Ju Cho, was denied an Order of Conditions in 2017 for the construction of a garage addition because the proposal did not meet the Commission’s performance standards.The Commission informed the property owner that the pergola would require review and approval through a Notice of Intent process.The Commission had similar concerns with the pergola structure as they did in 2017 for the garage addition,regarding the close proximity of the structure to the wetland and the construction activity disturbing more than 50%of the buffer zone's natural community.Mr.Cho will prepare a Notice of Intent filing for the pergola construction,install erosion control,and remove material and sediment stockpiles from the site. Vote to issue the Order of Conditions:22 Partridge Road,CNOI-23-17 (bylaw only) On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:53 PM Schedule site visits:8/21/2023 The site visits will take place on Tuesday,August 15,2023 at 5:30 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 Mr.Hamilton stated that at the next scheduled Conservation Commission meeting,the Land Acquisition Subcommittee will present a draft Land Acquisition Working Group policy and a proposed change to the town’s draft Climate Action Plan. 7:00 PM New Public Meetings/Hearings Amendment to Order of Conditions:56 Grassland Street ViewPoint Cloud Permit#AOOC-23-5,CNOI-22-31,DEP#201-1279,AOOC-23-2 Applicant/Property Owner:Yanling Zhou Project:demolition of the existing framing and reconstruction on the existing house foundation Documentation Submitted: −Request for Second Amended Order of Conditions;Prepared by:Rich Kirby,LEC Environmental;Prepared for the applicant/property owner:Yanling Zhou;Date: 6/20/2023; −Memorandum;From:Marissa Liggiero,Engineering;To:Karen Mullins,Conservation; Subject:56 Grassland St Second AOOC Comments;Date:6/27/2023; Mr.Rich Kirby,LEC Environmental,presented the amendment request on behalf of the applicant/property owner.The Commission did not have any comments or concerns with the proposal. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:04 PM Notice of Intent:24 Blueberry Lane ViewPoint Cloud Permit#CNOI-23-19 Applicant:DND Homes,LLC Property Owner:Yashaswi Gautam Project:expansion of the backyard area and installation of an aluminum fence within the 100-foot buffer zone to Bordering Vegetated Wetlands (BVW) Documentation Submitted: −Notice of Intent Application and Wetland Resource Area Analysis;Prepared for the applicant:DND Homes,LLC;Prepared for the property owner:Yashaswi Gautam; Prepared by:Rich Kirby,LEC Environmental Consultants;Date:7/14/2023; −Sheet 1 of 1 “Site Plan”;Prepared,stamped and signed by:Frederick W.Russell,JR. Civil PE No.36713;Scale:1”=20’and as noted not to scale;Date:7/12/2023; Mr.Richard Kirby,LEC Environmental,presented the request on behalf of the applicant and property owner.Members of the Commission agreed that the fence should be installed at the edge of the lawn and not,as proposed by the applicant,along the 25-foot buffer line,to prevent future encroachment into this area by future property owners.Ms.Trina Murphy,DND Homes LLC,stated that the new property owner wants a larger lawn area for his children to use.The applicant needs to provide a drainage analysis to verify that this request is in compliance with Performance Standard 5(2).The Commission gave the applicant permission to install any fencing outside of the 100-foot buffer zone prior to closing the hearing. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to continue the hearing to the August 21,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:33 PM Notice of Intent:75 Kendall Road ViewPoint Cloud Permit#CNOI-23-18,DEP#201-1296 Applicant/Property Owner:Saurav Khandelwal and Seema Badaya Project:demolition of carport and construction of garage with second-story living space within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area Documentation Submitted: −Stormwater Report and Drainage Calculations;Prepared by:Henderson Consulting Services;Stamped and signed by:Scott P.Henderson,PE Civil No.51845;Date: 7/5/2023; −Notice of Intent Redevelopment Standard Analysis;Date:6/19/2023; −Description of Work;Not dated; −Letter from Mary Trudeau,Wetlands Consultant,to Saurav Khandelwal,Property Owner;Re:Wetlands Delineation;Date:6/10/2023; −WPA Form 3 Notice of Intent application;Prepared by:Mary Trudeau,Wetlands consultant;Date signed by the representative:No date;Date signed by the property owner:7/20/2023; Ms.Mary Trudeau,wetlands consultant,and Mr.Scott Henderson,project engineer,presented to the Commission.It was asked if the proposed restoration plantings could be relocated to an area of the property with less potential for encroachment,since it is so close to the dwelling on the northeast side of the property.Ms.Trudeau responded that she would reconsider the proposed mitigation area. Ms.Tsipora Cohen and Mr.Menachem Cohen,owners of 81 Kendall Street,submitted concerns in writing to the Commission prior to the meeting,and reiterated their concerns during the meeting.The Cohens’concerns included the close proximity of the proposed rain garden to the shared property line,paver driveway,and 20+year old evergreen trees,and the close proximity of the proposed restoration plantings to the existing evergreen trees.Mr.Henderson responded that he would look into relocating the rain garden,and that the paver driveway should not have much,if any,runoff towards the rain garden since it is not a paved driveway. On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to continue the hearing to the August 21,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:16 PM Notice of Intent:0 Stedman Road ViewPoint Cloud Permit#CNOI-23-15,DEP#201-1294 Applicant:Verizon New England,Inc. Property Owner:Town of Lexington Project:installation of 20 feet of Verizon communication PVC underground conduit to improve utility services to Stedman Road,within Bordering Vegetated Wetlands,the 100-foot buffer zone to Bordering Vegetated Wetlands,the 200-foot Riverfront Area,and Bordering Land Subject to Flooding Documentation Submitted: −Notice of Intent application and attachments;Prepared by:Joseph Callahan,Verdantas; Date prepared and signed:5/22/2023; −Supplemental Project Narrative;Prepared by:Joseph Callahan,Verdantas;Date: 7/7/2023; Mr.Joe Callahan,project manager at Verdantas,and Mr.John Rockwood,wetland scientist with EcoTec,Inc.,presented to the Commission. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:24 PM Notice of Intent:32 Tarbell Avenue ViewPoint Cloud Permit#CNOI-23-20,DEP#201-1297 Applicant/Property Owner:Scott Hills,HBC LLC Project:raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: −Sheet 1 of 2 “Notice of Intent Plan”and Sheet 2 of 2 “Details Sheet”;Prepared by:Dillis and Roy Civil Design Group;Stamped and signed by:Gregory S.Roy,PE Civil No. 46070;Date:7/10/2023; −Stormwater Management Calculations;Prepared by:Dillis and Roy Civil Design Group; Date:7/10/2023; −Notice of Intent application and attachments;Prepared by:Gregory Roy,Dill and Roy Civil Design Group;Date:7/10/2023; Mr.Seth Donohoe,Dillis and Roy Civil Design Group,presented to the Commission.The project applicant and property owner,Mr.Scott Hills,was also present.The Town Engineering comments are outstanding and require follow up prior to closing the hearing.Mr.Hnatko asked what the proposed mitigation is for the removal of the 36-inch twin oak in the rear of the property.Mr.Donohoe responded that the 36-inch twin oak is subject to the tree bylaw enforcement,but will propose replanting elsewhere on the property.It was asked if the driveway runoff could be collected and Mr.Hills responded that a trench drain or stone recharge drain could be installed. Mr.Bob Ivarson,property owner of abutting parcel 38 Tarbell Avenue,stated that he would like to see the driveway trench drain installed because he has concerns about runoff being directed onto his property before and after the new construction.Mr.Donohoe responded that all runoff will be collected and maintained on the property,and clarified that there would be no direct connection to the town drainage system that outfalls to Sutherland Woods. On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 5-0 by roll call vote to continue the hearing to the August 21,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:43 PM On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:45 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:9/5/2023 Archived:9/11/2023