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HomeMy WebLinkAbout2024-03-11-ConCom-min PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, March 11, 2024, 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), Ruth Ladd (Vice-Chair) and Tom Whelan; Not present: Duke Bitsko and Jason Hnatko Staff Present: Karen Mullins, Conservation Director and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Approve Conservation Commission Statement regarding Annual Town Meeting (ATM) Art. 33 During the 2/26/2024 meeting, the commission voted 6-0 by roll call vote to agree to provide a written statement at the next meeting with the consensus that a majority of the Commission will not object to the proposed use of the land. Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, Ms. Mullins, and Mr. Hamilton prepared a statement to accompany the vote. Mr. Hamilton commented that a change to the language in the statement’s second paragraph to a statement of historical fact was necessary. Mr. Hamilton also stated that the language in the statement seemed to take a position on the Article and suggested a language change to remove specific sites referenced in the draft. Mr. Whelan proposed the removal of the introductory clause and for it to be placed in the bulleted reasons in order to make their statement clear. The commission agreed to change the statement to be “is supportive of”. On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue the statement in support of ATM Article 33. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 6:55pm Request for expenditure from the Lexington Nature Trust Fund for Field Mowing of Chiesa Farm Ms. Mullins presented this request and stated that it is to manage the Chiesa Farm property, which is managed through the Trust Funds, and thus not within the annual budget. A site visit will be conducted as requested by the Stewards of the Chiesa Farm. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to support the request for expenditure. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 6:58pm New Public Meetings/Hearings Notice of Intent: 65 Winter Street OpenGov Permit# CNOI-24-4, DEP File No. 201-1313 Applicant/Property Owner: Lexington Department of Engineering/Frank Infelise Project: construction of stormwater management improvements, including installation of a water quality unit and a new municipal separate storm sewer system outlet, within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared by: Environmental Partners Group, LLC; Date: 02/20/2024;  Stormwater Management Report; Prepared by: Environmental Partners Group, LLC; Date: 02/20/2024;  “Drainage Improvements Plans”; Prepared by Environmental Partners Group, LLC; Date: 02/2024;  Engineering Comments Date: 3/6/24  NRCC Extreme Precip Table Mr. Matt Weisman, Senior Civil Engineer and project manager of the property, Lexington Engineering, presented to the Commission. Mr. Eric Kelly, Engineering consultant was also in attendance. Mr. Weisman stated that the proposal is to address drainage issues on Winter Street, impacting the property at 65 Winter Street. The current conditions reflect surcharging in the catch basin in front of the property, causing drainage flow onto the property. Mr. Kelly stated the project plan, with 10ft of grade change, is to intercept the existing town drain beginning uphill from Magnolia Street and put a doghouse utility access port on top of the drain to create a new relief drain running down the existing utility easement. No comments or questions from the Commission. On a motion by Ms. Ladd and seconded by Mr. Beuttell, 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 Philip Hamilton – Aye Tom Whelan – Aye 7:05pm Notice of Intent: 6 Vaille Avenue OpenGov Permit# CNOI-24-5, DEP File No. 201-1311 Applicant/Property Owner: Rebecca O’Brien Project: restoration of Bordering Vegetated Wetlands, via removal of lawn grass and installation of native species Documentation Submitted:  Abbreviated Notice of Intent Application; Date: 02/15/2024;  “Planting Plan”; Prepared by: Holly Samuels CLD; Date: 09/08/2023; Revised: 09/28/2023, 02/02/2024, 03/06/2024  “Site Preparation Plan”; Prepared by: Holly Samuels CLD; Date: 02/02/2024;  Wetland Resource Map; Prepared by: Holly Samuels CLD; Date: 02/02/2024;  “Plant List”; Prepared by: Holly Samuels CLD; Date: 09/08/2023; Revised: 09/28/2023, 03/06/2024  “Layout Plan”; Prepared by: Holly Samuels CLD; Date: 02/02/2024; Ms. Holly Samuels, landscape designer for this property, presented to the Commission. Ms. Samuels stated that the proposal is for a planting plan in the backyard lawn of the property which is abutting a small stream. Ms. Samuels also stated the proposal is to install native plant species to correct the issue of the water from the abutting stream that has been collecting in the lawn. The area is very wet. There are invasive species present, as stated by Ms. Samuels, that will be cut, removed and treated with herbicides to prevent growth. Ms. Mullins questioned what herbicide will be used. Ms. Samuels stated the herbicide product would be AquaNeat, which is a wetland approved product applied to the cut stumps to prevent further growth. Ms. Samuels also stated Triclopyr might be applied instead, depending on the growing season the proposal is implemented in and will be applied by Ms. Samuels, a licensed applicator. On a motion by Ms. Dohan and seconded by Mr. Whelan, 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 Philip Hamilton – Aye Tom Whelan – Aye 7:11pm Notice of Intent: 237 Bedford Street, DEP File No. 201-1312 OpenGov Permit# CNOI-24-6 Applicant/Property Owner: Monica and Victorien Ndounou Project: construction of an addition and deck off the rear dwelling façade and associated site appurtenances within the 200-foot Riverfront Area and within the 100-foot Buffer Zone from Bank and Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared by: Norse Environmental Services, Inc.; Date: 02/2024;  Stormwater Management Report; Prepared by: Sullivan Engineering Group, LLC; Date: 02/20/2024;  “Site Plan”; Prepared by: Sullivan Engineering Group, LLC; Stamped and Signed by: John Sullivan, PE No. 41588; Date: Undated  “Extreme Precipitation Table; Extreme Precipitation Estimates”; Prepared by Northeast Regional Climate Center; Date: 3/14/2022  Revised Site Plan, Date: 3/2/2024  Planting Plan Letter, Date: 3/4/24  Engineering Comments Date: 3/7/24 Ms. Maureen Herald, Norse Environmental Services, presented to the Commission. Mr. Jack Sullivan, Sullivan Engineering Group LLC, was also in attendance. Ms. Herald stated that the proposal will result in an overall improvement of the Riverfront Area, by removing a portion of the impervious area of the current driveway and replacing it with shrub plantings and accessible lawn area, and install a pervious parking space near Bedford Street. She also stated that the proposal consists of permanent demarcation for the Riverfront Restoration Area. Ms. Herald requested an exemption from the Commission’s usual Buffer Zone requirements for the work proposed within both the 25 feet Buffer Zone and 50 feet Buffer Zone, because the current house and driveway are already nonconforming. Mr. Sullivan stated that he will provide a soil test, a predevelopment stormwater scenario, and an O&M plan. Questions and Comments from the Commission: - What is the method of removal intended for the invasive species removal? - Given the close proximity to the brook, would it be possible to dig the test holes in the near future? - The water runoff collection will only be from the proposed additions, was it considered to take all of the roof runoff? - Will the driveway runoff onto the lawn or be collected in the infiltration system? - The existing patio is less than 10 feet in proximity to the brook and wetland. Could the pavement proposed be relocated further away from this area? The existing house is nonconforming and the proposal is also nonconforming, could there be improvements in the plan to minimize the area of non-conformance? Responses from the Representative: - Within the area of restoration, cut the barberry in the area and cut the bittersweet present at the base. No herbicide applications are being proposed unless The Commission finds it to be necessary. - Yes, the test holes can be dug soon. - No, this was not considered due to the current plan proposing a large reduction in stormwater runoff from the roof and meets the stormwater requirements. - The driveway will runoff into the lawn only. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to the 3/25/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye Continued Public Meetings/Hearings Notice of Intent: 12 Cedar Street OpenGov Permit# CNOI-23-30 (Local Bylaw Only) Applicant/Property Owner: Katy Finkenzeller Project: demolish the existing detached garage and portions of the existing single-family dwelling, and construct a new detached garage and addition to the existing dwelling, within the 100-foot buffer zone to Isolated Vegetated Wetland Documentation Submitted:  Topographic Plan of Land; Prepared by: Stamski and McNary, Inc.; Date last revised: 1/20/2023;  Stormwater Management Plan; Prepared by: Stamski and McNary, Inc.; Stamped By: George Dimarkakos, CE No. 41281, and Joseph March, Land Surveyor No. 36384; Date; 12/19/2023; Revised; 01/02/2024, 02/23/2024  Notice of Intent applications; Prepared by the Property Owner: Katy Finkenzeller;  Engineering Comments Date: 12/28/2023  NRCC Extreme Precipitation Tables Date: 01/02/2024  Supplemental Documentation Submitted:  Proposed Site Plans and attachments; Date: 02/27/2024  Stormwater Management Plan; Prepared by: Stamski and McNary, Inc.; Stamped By: George Dimarkakos, CE No. 41281, and Joseph March, Land Surveyor No. 36384; Date; 12/19/2023; Revised; 01/02/2024, 02/23/2024 Previous Meeting Date: 1/2/2024, 1/29/2024 Ms. Katy Finkenzeller, property owner, presented to the Commission. Since the previous meeting date of 1/29/2024, Ms. Finkenzeller met with the Zoning Board of Appeals (ZBA) to address the adjustments requested. Ms. Finkenzeller stated the proposed plan was adjusted within the 50-foot buffer zone due to extreme grading on the side of the property. She also stated the proposed garage is still significantly within the buffer zone and the proposed addition would have roof overhang within the 50-foot Buffer Zone. Ms. Finkenzeller also stated that the wetlands on the property have received markers for permanent demarcation. The Commission has requested an updated engineering letter, the detail of the drip edge, whether it is used for stormwater management, and a plan showing the Feno markers, along with clarifying any stone removal. The hearing cannot be closed without approval from the ZBA. Ms. Finkenzeller has a continued hearing with the ZBA on 3/28/2024. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to continue the hearing to the 4/8/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 7:46pm 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 Supplemental 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 last revised: 12/20/2023;  Site Development Plan; Prepared by: McKenzie Engineering Group; Stamped and signed by: Bradley C. McKenzie, PE; Date last revised: 12/20/2023; Previous Meeting Dates: 10/30/23; 11/27/23; 12/11/23; 1/2/24, 1/29/24, 2/12/24, 2/26/2024 *Note: Applicant requested a hearing continuance from 2/26 to 3/11/2024 On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to continue the hearing to the 4/8/2024 meeting as requested by the applicant. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 7:47pm Notice of Intent: 9 Young Street OpenGov Permit# CNOI-24-1, DEP File No. 201-201-1308 Applicant/Property Owner: James Patnaude, Avatar Construction, Inc. Project: Raze and rebuild single-family dwelling and associated site appurtenances. Portions of activities are located within the BZ to BVW. Erosion controls, stormwater management, invasive species management, and BZ revegetation proposed. Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared by: Rich Kirby, LEC Environmental; Date: 01/23/2022;  Invasive Species & Buffer Zone Restoration Planting Plan; Prepared by: LEC Environmental; Date: 01/19/2024;  “Site Plan of Land” and “Site Details”; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 01/18/2024; Revised 01/27/2024;  Stormwater Management Report; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 01/18/2024;  “Tree Plan”; Prepared for James Patnaude, 9 Young Street; Prepared by: Daniel E. Cathcart, Registered Consulting Arborist – Plant Healthcare Consultants, Inc.; Date 01/15/2024  No supplemental information submitted by 2/20/24 deadline, or as of 2/22/24, for 2/26 Previous Meeting Dates: 2/12/2024 (continued without testimony), 2/26/2024 *Note: Applicant requested a hearing continuance from 3/11/2024 to 3/25/2024 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to continue the hearing to the 3/25/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 7:49pm New Business/Pending Matters, Continued Enforcement: 843 Emerson Gardens Road, Bridget Koha, Removal of trees/natural vegetation and landscaping activities, including patio and walkway installation, dry well installation, within wetland resource areas, including the 200-foot Riverfront Area, as well as within the Conservation Restriction on site; Order/Approve corrective actions and restoration plan to address compliance issues. Ms. Bridget Koha, property owner, was present at the start of the meeting, however, she had disconnected from the meeting prior to presenting the enforcement for 843 Emerson Gardens Road. Ms. Mullins stated LEC will be managing the property’s project and providing a mitigation planting plan, stormwater plan, permeable paver details and a wetland delineation sketch or plot plan. Ms. Mullins stated that she and Ms. Amber Carr had conducted a site visit th February 26, 2024, to the property as a compliance visit and an administrative review requested by Ms. Koha. Ms. Mullins clarified that the Town of Lexington holds ownership of the CR shown on the property plan. The commission requests a restoration plan including an adequate stormwater management plan, the CR labeled on the plan with markers along the line and documentation of tree removal. The Commission will vote on the Enforcement once the Restoration Plan has been completed. Enforcement Restoration Plan: 3 Joseph Comee Rd, DEP 201-1217, CNOI-21-13, AOOC-22-7, Order/Approve corrective actions to address compliance issues on site Mr. David Cowell, PWS, presented on behalf of the homeowner, Mr. Khaled Yehia who was th also in attendance of the meeting. Mr. Cowell stated the plan was revised on March 8, 2024 to reflect the revisions requested by the Commission in the prior meeting. The revisions reflect a portion of the retaining wall being removed from inside of the 50-foot Buffer Zone. Mr. Cowell also stated they would need to remove the fill until reaching natural soil first before determining if a retaining wall is necessary in the Buffer Zone. The Commission agreed a 3-year monitoring period would be required for this plan. Mr. Hamilton requested the applicant appear before The Commission again in the Springtime with a progress report. Mr. Cowell stated the applicant would like to continue the permitted work that has been ceased and to keep the stone path. Mr. Yehia stated he would like to keep the retaining wall. Mr. Hamilton stated the retaining wall must be removed in the restoration plan due to the current wall being located within the 50-foot Buffer Zone. Ms. Mullins stated the driveway plan would restrict access for the removal of fill. Mr. Yehia stated the driveway plan can be completed after the fill has been removed. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue an enforcement order approving the restoration plans with the following conditions: the work must be overseen by a professional wetland scientist, the plan must be implemented as proposed with native plants, no landscape cultivars, installation of Feno bounds, restoration monitoring for at least 3-years with annual reports every fall. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 8:42pm Approve Minutes: 2/26/2024 On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to approve the Minutes of the 2/26/2024 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 8:44pm Vote to Issue Order of Conditions: Minute Man Trail, OpenGov Permit# CNOI-24-3, DEP # 201-1310 Ms. Mullins stated the Town of Lexington is coordinating with the Town of Lincoln and the Town of Concord on the Minute Man Trail project. On a motion by Ms. Dohan and seconded by Mr. Whelan, 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 Philip Hamilton – Aye Tom Whelan – Aye 8:45pm Request for Partial or Full Certificate of Compliance: 87 Westview St, DEP 201-460, BL 418, Opengov Ms. Mullins stated that a site visit will be scheduled for 87 Westview Street before voting on this request. Request for Partial or Full Certificate of Compliance: 279 Concord Ave, DEP 201-1284, Opengov CNOI-23-4 Ms. Mullins stated that a site visit will be scheduled for 279 Concord Avenue before voting on this request. Schedule site visits: 3/23/2024 for 3/25/2024 Meeting The site visits will take place on 3/23/2024 at 9:30 AM Discuss ATM Articles Mr. Philip Hamilton will report back in the 3/25 meeting with new ATM articles that the commission might be interested in taking a position on. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan None On a motion by Ms. Dohan and seconded by Ms. Ladd, 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 Philip Hamilton – Aye Tom Whelan – Aye 8:51pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 3/25/2024 Archived: 3/28/2024