HomeMy WebLinkAbout2023-10-30-ConCom-minPUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday,October 30,2023,6:30 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 (left at 7:30 PM),Alex Dohan,Ruth Ladd
(Vice-Chair)and Jason Hnatko;(not present:Philip Hamilton,Chair)
Staff Present:Karen Mullins,Conservation Director,and Meghan McNamara,Department
Assistant
6:30 PM
New Business/Pending Matters
Vote to issue the Order of Conditions:9 Cliffe Avenue,OpenGov Permit#CNOI-23-24,DEP#
201-1301
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 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 –Abstain (not present at public hearing)
6:33 PM
Request to extend the Order of Conditions for 2 years (11/2/2024 to 11/2/2026);609 Waltham
Street,OpenGov #EXTO-23-5,DEP#201-1224,CNOI-21-19
Mr.Rich Kirby,LEC Environmental,stated that the mitigation plants have not been planted yet,
and the Commission requests that these be planted before another extension request is submitted.
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call
vote to extend the Order of Conditions for one year,from 8/9/2024 to 8/9/2025.(The OOC
expiration date was listed incorrectly on the agenda)
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:40 PM
Request for Certificate of Compliance:324 Marrett Road (Cumberland Farms),VPC#
COC-23-19,DEP#201-685,BL#642
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call
vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:41 PM
Request for Certificate of Compliance:4 Alcott Road,OpenGov#COC-23-22,DEP#201-838,
BL#796 (Full)
Ms.Mullins stated that she needs to perform a compliance site visit before making a
recommendation to the Commission.
Request for Certificate of Compliance:4 Alcott Road,OpenGov#COC-23-23,CNOI-22-32
(Bylaw only)(Full)
Ms.Mullins stated that she needs to perform a compliance site visit before making a
recommendation to the Commission.
Request for Certificate of Compliance:180 Burlington Street,OpenGov#COC-23-24,DEP#
201-1272,CNOI-21-38 (Full)
Mr.Michael Novak,project engineer,stated that there is a time constraint due to the pending sale
of the home,and asked that the Commission vote to issue the Certificate.Ms.Mullins responded
that there were minor items she needed follow up from Mr.Novak on.
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call
vote to issue the Certificate of Compliance,pending a favorable review by Ms.Mullins.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:47 PM
Request for Certificate of Compliance:6 Blinn Road,OpenGov#COC-21-13,DEP#201-1126,
BL#1083 (Full)
The Commission requested a site visit prior to voting on issuance of the Certificate of
Compliance.
Request for Certificate of Compliance:2 Stratham Road,OpenGov#COC-23-25,DEP#
201-1259,CNOI-21-11 (Full)
Ms.Mullins stated that additional time is needed to perform a review of the request.
Approve Minutes:10/2/2023 and 10/16/2023
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call
vote to approve the Minutes of the October 2,2023 meeting.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:50 PM
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call
vote to approve the Minutes of the October 16,2023 meeting.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
6:51 PM
Schedule site visits:11/13/2023 meeting
The site visits will take place on Saturday,November 4,2023 at 9:30 AM
Discussion on site visit schedule for future meetings
The Commission discussed and agreed upon the site visit schedule for the remainder of 2023.
Straight natives versus landscape cultivars continued discussion
The Commission continued their discussion on the ongoing issue of cultivars and/or nativars
being planted instead of required straight native species for projects within their jurisdiction.The
Commission and staff will review what information is shared on the town website and how this
information can be shared with applicants and property owners.Members of the Commission
will want to consider what the goals are of restoration and mitigation areas for projects,and that
may help to determine if nativars could be planted instead of straight native species,in some
circumstances.This discussion will be continued to a future meeting date.
7:03 PM
New Public Meetings/Hearings
Request to Amend the Order of Conditions:4 Peacock Farm Road
OpenGov Permit #AOOC-23-6,DEP#201-1297,CNOI-23-13
Applicant:Austin and Emily Clements
Property Owner:ATC Revocable Trust of 2018 &EBC Revocable Trust of 2018
Project:change from the proposed gravel driveway to a paved driveway surface.Runoff to be
collected in a trench drain,discharged into a sediment forebay,and then into a rain garden
Documentation Submitted:
⎯Rain Garden Planting Plan;Prepared by:Sego Design;Date last revised:August 2023;
⎯Stormwater Management Narrative;Prepared by:DGT Associates;Stamped and signed
by:Bert E.Corey,PE Civil;Date:10/10/2023;
⎯Plans:“Proposed Site Improvements Plan”,“Erosion and Sediment Control Notes and
Details”and “Site Details-01”;Prepared by:DGT Associates;Stamped and signed by:
Bert E.Corey,PE Civil;Date last revised:10/10/2023;
⎯Letter Describing Request for Amendment;Prepared by:DGT Associates;From:Kevin
Riopelle;Date:10/10/2023;
Mr.Kevin Riopelle,project engineer,and Ms.Natalie DeNormandie,landscape designer,
presented to the Commission.The Commission did not have any comments or concerns.
Favorable engineering comments were provided by the Engineering Department.
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:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:10 PM
Request for Determination of Applicability:149-151 Old Spring Street (Chinese Bible
Church of Greater Boston)
OpenGov Permit#CDOA-23-12
Applicant/Property Owner:Chinese Bible Church of Greater Boston
Project:connection to the municipal drainage system associated with construction of a new
building
Documentation Submitted:
⎯Drainage Calculations and Stormwater Management Plan;Prepared by:Mckenzie
Engineering Group;Stamped and signed by:Bradley C.McKenzie,PE Civil No.36917;
Date:7/6/2023 and revised through 10/3/2023;
⎯Planset “Site Development Plan”;Prepared by:Mckenzie Engineering Group;Stamped
and signed by:Bradley C.McKenzie,PE;Date:7/6/2023 and revised through 10/3/2023;
⎯WPA Form 1 Request for Determination of Applicability application;Prepared by:Alan
Loomis,McKenzie Engineering Group,Inc.;Date signed by the applicant and
representative:10/10/2023;
Mr.Al Loomis,McKenzie Engineering Group,Inc.,and Mr.Garth Hoffman,contractor,
presented to the Commission.The Town Engineering comments state that the site is larger than 1
acre and the Stormwater Above Threshold permit is being triggered.Mr.Loomis disagrees that
the project will be disturbing more than 1 acre.The proposal is not in compliance with
Performance Standards 5(2)and 5(6).
Mr.Bitsko left the meeting at 7:30 PM.
On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to continue the hearing to the November 13,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
7:39 PM
Request to Amend the Order of Conditions:609 Waltham Street
OpenGov Permit#AOOC-23-7,CNOI-21-19,DEP#201-1224,AOOC-21-8,AOOC-22-6
Applicant/Property Owner:Shailesh Prajapati
Project:(1)Replace a portion of the approved addition with a solarium and patio,(2)add a
landing and stairs off the rear of the addition and modify the retaining wall,(3)increase the
amount of porous pavement associated with the driveway,(4)modify grading of driveway and
add a retaining wall along driveway,(5)replace driveway trench drain with a stone drip,and )6)
reduce width of stone around the infiltration system.
Documentation Submitted:
⎯Letter Describing Requested Amendment;Prepared by:Richard Kirby,LEC
Environmental;Date:10/10/2023;
⎯Revised Plans,C-0 and C-1;Prepared by:Gala Simon Associates,Inc.;Stamped and
signed by:Alberto M.Gala,PE Civil No.36434;Date last revised:8/16/2023;
⎯Engineering Drainage Calculations;Prepared by:Gala Simon Associates,Inc.;Stamped
and signed by:Alberto M.Gala,PE;Date:8/17/2023;
Mr.Rich Kirby,LEC Environmental,presented the request to the Commission.
Questions and Comments from the Commission:
⎯What is the limit of porous asphalt on the revised plans?
⎯Concerned about the sheet flow entering from Waltham Street and onto the porous
pavement.
⎯It is not a preferred practice to run impervious surface runoff onto a porous pavement,but
it does happen,and it’s helpful to know the runoff will also be collected in the stone
trench.There is an Operation and Maintenance Manual for the porous pavement so
theoretically it will be maintained to continue functioning properly.
⎯Is there any protection for the tree (shown as T40 on the site plan)that is in close
proximity to the driveway entrance?
Responses from the Representative:
⎯The entire expanded driveway area is going to be porous pavement.There is a concrete
pad in front of the barn so the porous pavement is not right up against the barn.
⎯There is a trench drain proposed close to the infiltration system that could capture any
runoff that is not infiltrated through the porous pavement.
⎯The grading associated with the tree on the plan is similar to the previously approved
plan.The contour is a little closer but much of the root zone will not be significantly
impacted.The driveway already exists there,it’s just being elevated within the same
footprint.
Ms.Mullins clarified that the stone trench/strip is putting any collected runoff into the sub-base
of the pervious driveway,and not the infiltration system,because there is no connection.The
subsurface infiltration system is collecting runoff from the barn addition only.
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 4-0 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
7:53 PM
The hearing for 22 Wyman Road was heard out of order at the request of the representative.
Request for Determination of Applicability:857 Emerson Gardens Road
OpenGov Permit#CDOA-23-13
Applicant/Property Owner:Rushabh Lakhani
Project:construction of a deck and patio within the 200-foot Riverfront Area
Documentation Submitted:
⎯Mortgage Inspection Plan (Edited);Date:5/14/21;
⎯Patio Cross Section details
⎯WPA Form 1 Request for Determination of Applicability and attachments;Prepared by:
Rushabh Lakhani;Date signed:10/7/2023;
⎯GIS Map,Deck construction details
Mr.Rushabh Lakhani,property owner,presented to the Commission.Mr.Lakhani stated that he
will have crushed stone gravel installed underneath the deck or another porous material.Mr.
Lakhani originally proposed an impermeable membrane underneath the deck to allow for
storage,however this proposal did not meet the Commission’s standards under a request for
Determination of Applicability.
Questions and Comments from the Commission:
⎯Are you still proposing a waterproof barrier on the underside of the deck,or have you
changed the proposal?
⎯Is the proposed patio pervious?
⎯The patio being proposed is close to pervious but not enough.Only a matter of swapping
out the materials and adjusting the spacing between the pavers.Condition to submit the
permeable paver system that is going to be used for the patio.
⎯Have you considered removing the driveway area behind the house?
Responses from the Applicant:
⎯No longer proposing the waterproof barrier under the deck and will figure out another
plan for storage on the property.
⎯Yes,the proposed patio will be designed as pervious.
⎯Have not discussed removing the rear driveway but perhaps in the future.The front and
back garages are on separate levels,so removing the rear driveway would make one of
the garages inaccessible to cars.
On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions that the patio be designed as a permeable
surface and the architectural deck plans be updated to show the removal of the impermeable
membrane underneath the deck,and the deck boards be spaced to allow water to go through.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:12 PM
Notice of Intent:22 Wyman Road
OpenGov Permit#CNOI-23-25,DEP#201-####
Applicant/Property Owner:Robert S.Burge,Lexington Development Realty Trust
Project:raze and rebuild of a single-family dwelling within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted:
⎯Stormwater Analysis;Prepared.stamped and signed by:Frederick W.Russell,Jr.,PE
Civil No.36713;Date:9/11/2023;
⎯Site Plan;Prepared.stamped and signed by:Frederick W.Russell,Jr.,PE;Date:
9/12/2023;
⎯WPA Form 3 Notice of Intent application and attachments;Prepared for:Robert S.
Burge,Lexington Development Realty Trust;Prepared by:Mary Trudeau;Date signed:
10/16/2023;
⎯Description of Work;Not dated;
⎯Wetland Evaluation Letter;Prepared by:Mary Trudeau;Date:7/19/2023;
Ms.Mary Trudeau,wetlands consultant,presented to the Commission.
Questions and Comments from the Commission:
⎯Concerned that the restoration area will not be planted with the required native species.
⎯There is typically a 10-foot buffer between an infiltration system and the foundation of
the dwelling.If not,we prefer to see an impermeable liner to protect the infiltration
system.
⎯Should consider including White Pines and Atlantic White cedars in the restoration plan
to diversify the plant community and provide sound insulation from the highway in the
winter months.
⎯Should install Feno bounds in a straight line across from Flag 1 to Flag 7.The existing
lawn area to the rear of the dwelling was spongy and wet before heavy rain.
⎯The proposed restoration area should be moved close to the wetland boundary,and the
area behind it should be left to grow fallow.Mowing should no longer continue in the
wetland area.
Responses from the Representative:
⎯Received favorable comments from the Town Engineering Department;however,will
have the project engineer answer any questions about the 10-foot separation between the
infiltration system and foundation at the next meeting.
⎯Sourcing straight native species is problematic and the nurseries are not always honest
with the buyers.
⎯Not proposing to remove any trees for this project because the work limits are
substantially within the footprint of the existing house.
Robert Burge,Lexington Development Group,stated that he wants to maintain as much of the
existing lawn as possible and has mowed the wetlands on this property for the last 30 years.He
added that the current plan is to plant the restoration area in Summer 2024 and that the plant
availability should be plentiful.
A DEP filing number has not yet been issued for this project.
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to continue the hearing to the November 13,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:37 PM
Continued Public Meetings/Hearings
Notice of Intent:28 Reed Street
ViewPoint Cloud Permit#CNOI-23-21,DEP#201-1298
Applicant/Property Owner:Peter Jones
Project:Demolition of a one-car garage and construction of a two-car garage within the 100-foot
buffer zone to Bordering Vegetated Wetlands
Previous Meeting Date:9/18/2023
Supplemental Documentation Submitted:
⎯Revised Stormwater Management Report;Prepared by:Stamski &McNary,Inc.;Date:
10/5/2023;
Mr.Aidan Schlotman,Stamski &McNary,Inc.,presented to the Commission.Mr.Schlotman
stated that the Zoning Board of Appeals (ZBA)required no revisions to the plan and approved
the proposal at a recent meeting.Mr.Schlotman stated that the property owners would like to
remove the 16-inch ash tree located behind the existing garage.The property owners are
proposing to install Feno markers along the wetland line,but not along the abutting property
where there is currently lawn grass.
When asked if there was a plan to restore the area beyond the Feno markers,Mr.Schlotman
responded that this area was only being proposed as a no-mow zone.Staff and members of the
Commission recall evidence of oriental bittersweet and minimal amounts of jewelweed.Ms.
Ladd was concerned that if left as a no-mow area,invasive species could overtake the area if not
managed.Mr.Peter Jones and Ms.Julia Flaherty,property owners,stated that they would be
happy to plant native species beyond the Feno markers and that they intend to work with a
landscape architect for plant selection.Ms.Mullins will approve the plan list when it is
presented.
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:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:48 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
Previous Meeting Dates:8/7/2023,8/21/2023 and 10/16/2023
Supplemental Documentation Submitted:
⎯Revised Site Plan;Prepared by:Henderson Consulting Services;Stamped and signed by:
Scott Henderson,PE;Date revised:10/17/2023;
On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call
vote to continue the hearing to the November 13,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
8:38 PM
Notice of Intent:320 Concord Avenue
ViewPoint Cloud Permit#CNOI-23-23,DEP#201-1300
Applicant/Property Owner:Maria Veiga
Project:Raze and rebuild of a single-family dwelling within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Previous Meeting Date:10/16/2023
Supplemental Documentation Submitted:
⎯Revised Permit Site Plan;Prepared by:Hancock Associates;Date last revised:10/23/23;
⎯Stormwater Report;Prepared by:Hancock Associates;Date last revised:October 2023;
Mr.James Polakiewicz,Hancock Associates,and Ms.Devon Morse,Hancock Associates,
presented to the Commission.A 1,200 square foot planting area is being proposed to the rear and
a row of arborvitae is proposed along the side property lines.In response to Town Engineering
comments,the rainfall standards were switched to NRCC Data and therefore the infiltration
trench increased in size slightly.
Mr.Polakiewicz,in response to written abutter comments,stated that the 24-inch conifer tree is
entirely on the site of this project,and that erosion control will be installed as per the town
standard.
Questions and Comments from the Commission:
⎯Is there a planting list available for the proposed planting area?
⎯Disagree that the proposed trees meet Lexington’s tree bylaw requirements for replanting.
⎯Strongly recommend replacing the ash trees.It is a host for the emerald ash borer and not
sure it’s a good idea to be planting this tree now.Suggest planting hard-wood (oaks)
instead.
Responses from the Representative:
⎯Two Green Ash and two Eastern White Pine will be planted in the rear planting area.
These species are favorable and environmentally suited for the area for the owls and bats.
Ms.Mullins stated that the applicant can always pay a mitigation fee if they do not replant what
would be required under the Tree Bylaw.
The Commission will add a condition that the proposed tree plantings need to be accepted by the
Tree Warden and must be native species,including at least two hard-wood species.
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:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Jason Hnatko –Aye
9:00 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.Beuttell stated that the Community Preservation Committee (CPC)is becoming more active
and that there haven’t been many applications submitted for review yet.He added that there is a
lot of desire to help fund the recently established Affordable Housing Trust (AHT)and there has
been a big push to prioritize affordable housing.
Ms.Mullins stated that there are no Fiscal Year 2025 requests at this time because there is a
backlog of projects to be completed.The Conservation Division was awarded money through the
Participatory Budget process and that funding will be used for meadow restoration projects.Staff
are working on the Concord Avenue Land Management Plan and trying to close out all the
Conservation Restrictions for land acquisitions with Citizens for Lexington Conservation (CLC).
On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 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
9:04 PM
Respectfully Submitted,
Meghan McNamara
Department Assistant –LUHD
Approved:
Archived:
1/2/2024
1/4/2024