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Home My WebLink About2023-11-27-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,November 27,2023,6:30 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:Alex Dohan,Philip Hamilton (Chair),Ruth Ladd (Vice-Chair)and Jason Hnatko;Not present:Duke Bitsko and Kevin Beuttell Staff Present:Karen Mullins,Conservation Director,and Meghan McNamara,Department Assistant 6:30 PM Executive Session,Exemption 6:Consider Purchase,Exchange,Lease or Value of Real Property –Sousa Parcels (72-245,72-246) The Conservation Commission entered into Executive Session.In addition to the Commission members noted above,also in attendance was Mr.Tom Whelan,who has a pending application to become a member of the Conservation Commission,and Mr.Charlie Wyman,Chair of the Land Acquisition Subcommittee. New Business/Pending Matters Land Acquisition Subcommittee Recommendation to the Conservation Commission:Widnall property (22-63,22-140),Request land planning and appraisal due diligence funds from Community Preservation Committee Mr.Wyman stated that the owner of 22 Summit Road,Mr.William Widnall,approached the Land Acquisition Subcommittee to see if the group would be interested in acquiring the two parcels behind his property,22-63 and 22-140,that he also owns.Mr.Wyman added that the cost of a formal appraisal of the parcels is probably in the range of $15,000 to $20,000. Comments from the Commission: ⎯These parcels are not adjacent to any other Conservation parcels and could be expensive to acquire.Seems like the Historical Society might be more interested in acquiring these parcels. ⎯It is a lovely spot with a lot of old trees.It would probably be used as more of a neighborhood parcel. Ms.Ladd stated that the Community Preservation Committee (CPC)will be short on funds,and dislikes the idea of asking funds for an acquisition when she considers other action items more important.Mr.Wyman responded that this appraisal would come out of the administrative budget of the CPC,rather than a Town Meeting request into their pot of funds. The Commission will perform a site visit to assess the parcels before voting on whether to proceed with a request for funds for a formal appraisal. 7:02 PM New Public Meetings/Hearings Notice of Intent:2 Farm Road (formerly 4 Lillian Road) OpenGov Permit#CNOI-23-28,DEP#201-#### Applicant/Property Owner:Charles DeFrancesco,4 Lillian LLC Project:construction of a driveway to access a new single-family dwelling along with site grading and landscaping activities within the 100-foot buffer zone from Bordering Vegetated Wetlands and within 100-foot buffer zone from Bordering Land Subject to Flooding Documentation Submitted: ⎯Description of Work,Wetlands Delineation,and Notice of Intent application;Prepared by:Mary Trudeau; ⎯Site Plan;Prepared by:Fred Russell,PE;Date:10/24/2023 and revised 11/11/2023; ⎯Proposed Plot Plan;Prepared by:Keenan Survey;Date:11/8/2023; ⎯Stormwater Analysis;Prepared by:Fred Russell,PE;Date:10/24/2023 and revised 11/11/2023; ⎯Town Engineering Comments;Date:11/22/2023; Ms.Mary Trudeau,wetlands consultant,presented to the Commission.Ms.Trudeau stated that, during the Commission’s site visit,the grading of the driveway was discussed because the proposed driveway has an estimated grade of 9-percent and permeable material is expected to have a grade of 5-percent or less to allow runoff to permeate adequately. Questions and Comments from the Commission: ⎯Installing a trench drain at the end of the driveway seems like a lot of effort when the driveway could be left where it currently exists,outside the wetland buffer zone. ⎯Concerned that three trees at the site have already been taken down. ⎯Would suggest replacing the cut trees with Oaks. ⎯Is it possible to cut off the corner of the proposed driveway where the spruce tree was,in order to have less pavers? ⎯The high groundwater elevation is 166.4 and the proposed end of the driveway is at 168. Is there room to install a trench drain and maintain two feet of vertical separation? Responses from the Representative: ⎯Lillian Road is a busy cut-through and the Farm Road entrance will be safer for the property owners,which is why the driveway is proposed to be relocated. ⎯Don’t believe that any of the removed trees were native but they can be replaced.One of them was rotten and a Norway maple. ⎯There is high groundwater at the site.There is a potential for installing a trench drain off of Farm Road that would act as a secondary measure for water infiltration. Ms.Trudeau asked if the applicant would be permitted to tear down the existing house,in the area outside the 100-foot buffer zone.Ms.Mullins responded that it would not be normal practice with any permit to allow that.She added that the project has not yet been issued a DEP filing number,that there is an appeal process,and work has already taken place within the jurisdictional buffer zone that was not permitted. On a motion by Mr.Hnatko and seconded by Ms.Ladd,the Commission voted 4-0 by roll call vote to continue the hearing to the December 11,2023 meeting at the applicant’s request. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:21 PM Continued Public Meetings/Hearings 10 Maguire Road:Request for Determination of Applicability OpenGov Permit#CDOA-23-15 Applicant:Greatland Realty Partners Property Owner:SRE Flag,LLC Project:Install new paved truck loading area in existing landscaped strip behind Bldg 3 with scissor lift loading dock,recessed pit area,concrete sidewalk ramp,concrete walls,covered roof area and stand-alone subsurface infiltration system without a drainage connection to existing drainage infrastructure. Previous Meeting Date:11/13/2023 Supplemental Documentation Submitted: ⎯HydroCAD Report “Proposed Bldg 3 Loading”;Date:11/21/2023; ⎯Revised Plans;Date:11/21/2023 ⎯Form 11,Soil Suitability Assessment for On-Site Sewage Disposal and Test Pit Plans Mr.David Robinson,Allen &Major Associates,presented to the Commission.The Commission did not have any comments or concerns,and favorable comments were provided by the Town Engineering Department. On a motion by Ms.Dohan 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: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:24 PM 47 Winthrop Road:Notice of Intent OpenGov Permit#CNOI-23-27,DEP#201-1303 Applicant/Property Owners:Wenjie Hu and Xiaopeng Gong Project:construct an addition and deck off the rear of a single-family dwelling,and hazard tree removal,within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Previous Meeting Date:11/13/2023 Supplemental Documentation Submitted: ⎯Town Engineering Comments;From:Marissa Liggiero;Subject:47 Winthrop Road NOI Comments 3;Date:11/20/2023; Mr.Rich Kirby,LEC Environmental Consultants,Mr.Mike Novak,project engineer,and Mr. Dan Cathcart,certified arborist,were present at the meeting.The applicant received favorable comments from the Engineering Department.Mr.Cathcart informed the Commission that he is an independent arborist and is not affiliated with any tree company or tree service.He stated that during a basic tree assessment,he is looking for structural issues,potential decay,signs of mushrooms,insect activity,die-back,cavities and visual issues in the tree canopy.In addition,he stated that he assesses the likelihood of a tree to fail,fall on a person,car,house,etc.,and that there is a matrix used to determine such likelihood. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:36 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 Previous Meeting Date:10/30/2023 *The Applicant has submitted a continuance request to the December 11,2023 Meeting On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call vote to continue the hearing to the December 11,2023 meeting at the applicant’s request. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:37 PM New Business/Pending Matters,Continued Vote to issue Order of Conditions:21 Hathaway Road,OpenGov Permit#CNOI-23-26 (Bylaw only) On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 4-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:38 PM Vote to issue Order of Conditions:22 Wyman Road,OpenGov Permit#CNOI-23-25,DEP# 201-1302 A condition will be added to the Order of Conditions regarding the location of the Feno bounds. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:39 PM Vote to issue Order of Conditions:75 Kendall Road,ViewPoint Cloud Permit#CNOI-23-18, DEP#201-1296 On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 4-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:40 PM Request for Certificate of Compliance:8 Peachtree Road,COC-21-16,DEP#201-384,BL#336 (Full) On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to issue the Complete Certificate of Compliance. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:41 PM Request for Certificate of Compliance:31 Fairlawn Lane,OpenGov#COC-23-32,DEP# 201-1214,CNOI-21-8 (Partial) Ms.Mullins stated that additional time is needed to perform a compliance review and site visit. Request for Certificate of Compliance:141 Pleasant Street,OpenGov#COC-23-20,DEP# 201-1268,CNOI-22-21 (Full) Ms.Mullins stated that some items are missing on the as-built plan but overall the site appears to be in compliance.Mr.Michael Novak,project engineer,stated that he can easily add the requested information to the as-built plan. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to issue the Complete Certificate of Compliance,pending a favorable review by staff of the updated as-built plan. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:44 PM Request for Certificate of Compliance:443B Massachusetts Avenue and 0 Bow Street, OpenGov#COC-23-31,DEP#201-1266,CNOI-22-18 (Partial) Ms.Mullins stated that she is waiting on an updated as-built plan of the site.The Commission will vote to issue a Partial Certificate of Compliance,as there is on-going restoration monitoring for three years of the restoration area on the private property and the town property. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to issue the Partial Certificate of Compliance,pending a favorable review by staff of the updated as-built plan. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:48 PM Discussion on letter received from resident/Steward regarding proposed High School location The Commission received a letter from a resident regarding the proposed location of the new high school.Mr.Hamilton stated that there are a lot of sensitive areas around the high school and the Town is trying to find a location that will have the least amount of impact on the wetlands and other protected resource areas.Ms.Mullins stated that she will find out when and how the Conservation Commission can provide comment on the matter. Approve Minutes:11/13/2023 meeting On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to approve the Minutes of the November 13,2023 meeting. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:53 PM Schedule site visits:12/2/23 for the 12/11/23 meeting The site visits will take place on Saturday,December 2,2023 at 9:30 AM. 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 he will be sending an email to members of the Commission regarding the Ad Hoc Property Acquisition working group,and the Commission’s involvement with disclosure and discussion in early stages of land acquisition.The Commission agrees with the protocol in principle,however will not have a chance to formally approve before the Select Board meeting in December.The Commission will discuss further and vote to endorse the formation of the group at the next scheduled meeting. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:59 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:1/2/2024 Archived:1/4/2024