HomeMy WebLinkAbout2023-08-21-ConCom-minPUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday,August 21,2023,6:30 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 (arrived at 6:52 PM),Alex Dohan,Philip
Hamilton (Chair),Jason Hnatko and Ruth Ladd
Staff Present:Karen Mullins,Conservation Meghan McNamara,Department Assistant
6:30 PM New Business/Pending Matters
Discussion of Draft of "Ad Hoc Land Acquisition Working Group Policy Recommendation"
Mr.Charlie Wyman,chair of the Conservation Commission’s Land Acquisition Subcommittee,
presented to the Commission.The Housing Partnership Board drafted a Land Acquisition Policy
for the town and has asked for the Commission’s feedback.The policy provides a mechanism
that ensures communication among various town committees that share an interest in land
acquisition.The Commission supports the Ad Hoc Land Acquisition Working Group Policy
Recommendation as presented.
Comment on Draft Climate Action and Resilience Plan
Mr.Wyman presented.The Town’s Sustainability Officer,Ms.Maggie Peard,has developed a
Climate Action Plan,which members of the Commission and staff contributed to.
On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call
vote to endorse the language of the Draft Climate Action and Resilience Plan as presented.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
6:52 PM
Vote to issue Amendment to the Order of Conditions:56 Grassland Street,AOOC-23-5,
CNOI-22-31,DEP#201-1279,AOOC-23-2
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call
vote to issue the Amendment to the Order of Conditions.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
6:52 PM
Vote to issue the Order of Conditions:0 Stedman Road,CNOI-23-15,DEP#201-1294 (Verizon
Conduit installation)
On a motion by Ms.Ladd 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:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
6:54 PM
Request for Certificate of Compliance:20 Cooke Road,VPC#COC-21-14,DEP#201-1089,
BL#1046 (Partial)
Ms.Mullins stated that the quantity and locations of the restoration plantings need to be
reviewed with the homeowner,and it needs to be confirmed if native species or landscape
cultivars were planted.Members of the Commission requested to attend a site visit.
Request for Certificate of Compliance:6 Peachtree Road,VPC#COC-23-12,DEP#201-1157,
CNOI-19-18 (Full)
Ms.Mullins stated that landscape cultivars were planted within the 100-foot buffer zone and will
review the request further.
Request for Certificate of Compliance:29 Pearl Street,VPC#COC-23-15,DEP#201-820,BL#
Ms.Mullins stated that additional information is needed from the applicant.
Request for Certificate of Compliance:5 John Hosmer Lane,VPC#COC-23-16,DEP#
201-1212,CNOI-21-5 (Full)
On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 6-0 by roll call
vote to issue the Certificate of Compliance,pending a confirmatory site visit by staff.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
6:59 PM
Request for Certificate of Compliance:3 Goffe Road,VPC#COC-23-17,DEP#201-1192,
CNOI-20-21,AOOC-21-11,2021 Enforcement Order (Full)
Ms.Mullins stated that the as-built provided by the project engineer is missing key details as
required per the Order of Conditions.
Request for Certificate of Compliance:4 Young St,VPC#COC-23-14,CNOI-22-1 (bylaw only)
(Partial)
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call
vote to issue the Partial Certificate of Compliance.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
7:01 PM
24 Hamblen,VPC#COC-23-13,CNOI-21-39,DEP#201-1241 (Partial)
Ms.Mullins stated that the as-built shows a sump pump installed at the site,and she was not
certain if a sump pump was approved in the Order of Conditions,and needs additional time to
review.
8 Paddock Lane,VPC#COC-23-18,DEP#201-1230,CNOI-21-29 (Partial)
Ms.Mullins stated that the as-built plan is missing details as required per the Order of
Conditions,and that the plant receipts don’t document native species.
127 North Street,VPC#COC-23-5,DEP#201-1137,BL#1094 (Partial)
The as-built plan needs to be updated to include the town-owned parcel elevation and the FEMA
Certification letter needs to be provided.
Vote to approve $1,000 expenditure from the Lexington Nature Trust Fund to cover remaining
balance due for the “Forest Stewardship and Bird Habitat Assessment”at Dunback Meadow
Staff applied for and received a DCR reimbursement grant to cover slightly over half the cost
needed to move forward with the Forest Stewardship and Bird Habitat Assessment at Dunback
Meadow.Staff have requested the final version of the assessment by 12/31/23.To cover the
remaining cost,staff are requesting the expenditure from the Lexington Nature Trust Fund.
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call
vote to approve the up to $1,000 expenditure from the Lexington Nature Trust Fund.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
7:07 PM
Continued Public Meetings/Hearings
Notice of Intent:24 Blueberry Lane
ViewPoint Cloud Permit#CNOI-23-19,DEP#201-1295
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)
Supplemental Documentation Submitted:
⎯Stormwater Analysis;Prepared by:Fred Russell,PE;Date:8/14/2023;
⎯Buffer Zone Restoration Plan;Prepared by:LEC Environmental;Date:8/14/2023;
⎯Revised Site Plan;Prepared by:Fred Russell,PE;Date revised:8/16/2023;
Mr.Rich Kirby,LEC Environmental,presented the revised plan and stormwater analysis to the
Commission.Mr.Kirby confirmed that all trees within the buffer zone are to remain.
Questions and Comments from the Commission:
−The existing conditions describe a total of 28,700 square feet of soils in HSG D,but the
proposed conditions show a total of 8,340 square feet of soils in HSG D.How can the
soil type change?
−Surprised that the weighted average curve number is reduced from existing to proposed
conditions.Expected that number to increase with the expansion of lawn into naturalized
areas.
On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call
vote to continue the hearing to the September 5,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
7:20 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
Supplemental Documentation Submitted:
⎯“Site Plan”and “Construction Details”;Prepared by:Henderson Consulting Services;
Date:6/20/2023 and revised (2)8/14/2023;
⎯Routing Diagram for 75 Kendall Drainage 2023 07-05;Date:8/7/2023;
Ms.Mary Trudeau,wetlands consultant,and Mr.Scott Henderson,project engineer,presented to
the Commission.The proposed rain garden was relocated away from the property line,and the
proposed restoration plantings were shifted slightly farther away from the dwelling.
Questions and Comments from the Commission:
⎯The new proposed restoration area is not a great location either.Would like to see the
entire property delineated for wetlands and Riverfront Area.Perhaps there is a more
appropriate area of the property for the restoration plantings.
⎯This property has a lot of history and perhaps unpermitted work was performed by the
previous owner.
⎯There is an open Order of Conditions for the property.
Responses from the Representative:
−Determining the wetland boundary of the entire project site would be predominantly soils
based and an extensive project.There is an open area closer to the greenhouse that is
currently being maintained as lawn.This could be a restoration planting area,but would
prefer to determine that with the Conservation Agent after the Order of Conditions is
issued.
On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call
vote to continue the hearing to the September 5,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
7:38 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
Supplemental Documentation Submitted:
⎯Tree Evaluation Letter;From:Kelvin G.Mustard,KGM Tree &Landscaping Co.;Date:
8/10/2023;
⎯Tree Removal Memorandum;From:Scott Hills,HBC LLC;Date:8/10/2023;
⎯Response to Comments from the 8/7/23 meeting;From:Ryan W.Proctor,Dillis &Roy;
Date:8/10/2023;
⎯Post-Development Drainage HydroCAD Report;Date:8/11/2023;
⎯Post-Development Drainage Map;Date:8/10/2023;
⎯Notice of Intent Plan and Details Sheet;Date:7/10/2023 and revised 8/10/2023;
−Landscape Plan;Prepared by:Copper Beech Designs;Date:8/1/2023;
Mr.Seth Donohoe,Dillis and Roy,presented the revisions to the Commission.The property
owner consulted a certified arborist who indicated the maple in the front yard is actually an
invasive Norway maple and that the oak in the rear yard is a hazard.At the request of the
Commission,a stone recharge trench is proposed along the edge of the driveway.
Questions and Comments from the Commission:
⎯No stones from the existing stone wall on town property shall be used to reconstruct the
new wall and no disturbance of the existing stone wall on town-owned property is
permitted.
⎯Concerned about the slope of the property and how the new stone wall will be
constructed.
⎯The curb cut is currently located abutting the catch basin.The Engineering Department
likes to see curbing behind the catch basin.
⎯A resident submitted comments stating that the root system of the oak tree is within the
stone wall on town property and asked the Commission to restrict its removal to protect
the stone wall.
Responses from the Representative:
⎯The oak tree removal will be cut from above and will not be ripping the tree out from
town property.
⎯The applicant is agreeable to leaving a snag on the oak tree but will remove the branch
that leans towards the dwelling.
⎯The stone trench will alleviate some of the runoff to the catch basin but we will install a
small bump behind the catch basin.
On a motion by Mr.Hnatko and seconded by Mr.Beuttell,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
Jason Hnatko –Aye
Phil Hamilton –Aye
7:53 PM
New Business/Pending Matters,Continued
Schedule site visits:9/5/2023
The site visits will take place on Tuesday,August 29,2023 at 5:30 PM.The Commission will
visit 15 Fairfield Drive,20 Cooke Road,and 127 North Road.
Approve Minutes:6/12/2023,7/10/2023 and 7/24/2023
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 June 12,2023 meeting.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
Phil Hamilton –Aye
7:55 PM
The Commission requests additional time to review the Minutes of the July 10,2023 meeting.
The Minutes of the July 24,2023 meeting are not ready.
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.Ladd stated that Citizens for Lexington Conservation (CLC)is working on the Conservation
Restrictions (CR)for Cotton Farm and the Goodman Property and will monitor the CRs once
approved by the State and Town representatives.
Mr.Tom Whelan has attended four meetings of the Conservation Commission and would like to
be considered as an Associate Member.Staff.He will prepare the necessary paperwork for the
recommendation.
On a motion by Mr.Hnatko 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
Jason Hnatko –Aye
Phil Hamilton –Aye
Tom Whelan –Aye
8:04 PM
Respectfully Submitted,
Meghan McNamara
LUHD Department Assistant
Approved:9/5/2023
Archived:9/11/2023