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AGENDA Monday,December 6, 2021, 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, Ruth Ladd, David
Langseth and Holly Samuels (not present: Duke Bitsko)
Associate Members Present: Jason Hnatko (not present: Vinita Bose)
Staff Present: Karen Mullins, Conservation Director and Meghan McNamara, Department
Assistant
6:30 PM New Business/Pendine Matters
Insignificant Plan Change/Conservation Plan Modification: 18 Blueberry Lane, ViewPoint Cloud
Permit# CPM-21-29, DEP4201-1199, BL# CNOI-20-29
On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 4-0 by roll
call vote to approve the Insignificant Plan Change/Conservation Plan Modification.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Arrived Late
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Arrived Late
6:47 PM
Insignificant Plan Change/Conservation Plan Modification: 81 Westview Street, ViewPoint
Cloud Permit# CPM-21-28, DEP4201-1080, BL# 1037
Mr. Robins Patel,property owner of 81 Westview Street, informed the Commission that he
purchased the property in September 2021. He stated that when the developer submitted a plan
change request to add the deck in June 2019, the wrong site plan was provided to and approved
by the Commission. The original site plan showed an incorrect 100-foot buffer zone and when
the final as-built was being completed, it was realized that the deck was actually built within the
100-foot buffer zone.
Ms. Mullins informed the Commission that, although the developer proposed significant
arborvitae planting, it was not to mitigate for tree removal and most trees within the 100-foot
buffer zone remain in place as shown on the as built. The Commission informed Mr. Patel that
the plan change request will be amended to cover the deck and trees, and that Mr. Patel will need
to make a second plan change request for the increase in patio size and include stormwater
analysis.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve building of the deck within the 100-foot buffer zone and not planting the 60
arborvitaes as an insignificant plan change.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:14 PM
Certificate of Compliance: 180 East Emerson Road, ViewPoint Cloud Permit# COC-21-5,
DEP4201-1047, BL# 1004
On a motion by Mr. Langseth and seconded by Mr. Beuttell, the Commission voted 6-0 by roll
call vote to issue the Certificate of Compliance.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:20 PM
Certificate of Compliance: 96 Lowell Street, ViewPoint Cloud Permit# COC-21-29, DEP4201-
1146, BL 1103
On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to issue the Certificate of Compliance.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
Certificate of Compliance: 26 Dane Road (Partial), ViewPoint Cloud Permit# COC-21-25,
DEP4201-1118, BL# 1074
This is not ready for issuance. Conservation staff followed up with the Applicant prior to the
meeting.
7:22 PM
New Public Meetings/Hearings
72 Kendall Road: Request for Determination of Applicability
ViewPoint Cloud Permit# CDOA-21-19
Applicant/Property Owner: Hongying Gao and Biao Huang
Project: Install fence,proposed plantings, remove invasives and two box elder trees, extend
existing walkway to the rear of the house. All work proposed within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted.-
-
ubmitted:— WPA Form 1 Request for Determination of Applicability application; Prepared by
Applicant/Property Owner: Hongying Gao; Date signed: 11/15/2021;
— Restoration Plan Exhibit"Proposed Plan"; Prepared by: Hardy & Man Design Group,
PC; Stamped and signed by: Chi Y Man, PE Civil No. 45441; Date: 6/28/2021;
— Project Description; Letter from Hongying Gao and Biao Huang; Re: 72 Kendall Road
Fence Installation Plan; Date: 11/15/2021;
— Photographs of site; Not dated;
Ms. Hongying Gao and Mr. Biao Huang,property owners of 72 Kendall Road,presented their
proposal to the Commission for fence installation, removal of invasives and box elder trees, new
plantings, and extension of the walkway. The property owners recently purchased 72 Kendall
Road after significant renovations under DEP4201-1170. The Conservation Commission
previously approved the fence installation through an Insignificant Plan Change, however
requested more detail through this RDA, and prior to issuance of a Certificate of Compliance.
Questions and Comments from the Commission:
— What is the material of the existing walkway? Request that the walkway be built in a
pervious manner.
— If the applicant requests to install an additional gate on the left side of the house, that
would be allowed without seeking additional approval from the Commission.
— The applicant will need to provide documentation showing how the walkway will be
constructed.
— Would like to see a couple of young trees planted to replace the box elders since losing
these trees very close to the wetland. These could be placed elsewhere on the property.
Suggest an eastern juniper, if available, or an evergreen tree, for replacement. Be careful
not to select cultivars.
Responses from Applicant/Property Owner:
— The existing walkway is made of natural stone. Planning to put a uniform layer of gravel
and place stepping stones on top of that.
— Will consult with a professional to provide a written description of the proposed walkway
and a planting plan.
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to continue the hearing to the December 20, 2021 meeting at the applicant's request.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
7:45 PM
16 Foster Road: Request for Determination of Applicability
ViewPoint Cloud Permit# CDOA-21-20
Applicant/Property Owner: Jennifer Chen
Project: Removal of a dead tree,prune hazardous tree limbs, and repair two driveways, a brick
patio, and stone retaining walls in place within the 100-foot buffer zone to Bordering Vegetated
Wetlands
Documentation Submitted:
— Request for Determination of Applicability application and attachments; Prepared by:
Julia Hoogeboom, LEC Environmental; Prepared for Applicant/Property Owner: Jennifer
Chen; Date: 11/16/2021
— Site Plan; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak,
PE Civil No. 50696; Date: 11/11/2021
Ms. Julia Hoogeboom, LEC Environmental Consultants,presented before the Commission, with
Project Engineer, Mr. Michael Novak. Ms. Hoogeboom informed the Commission that the rear
brick paver patio is uneven and bricks are out of place, and that the homeowner is proposing to
remove the brick as needed, to sand and level the ground below. Ms. Hoogeboom stated that the
driveway will be patched and seal coated as needed, and that the shed will be removed. No
ground disturbance is expected; however, erosion control will be installed to protect wetlands to
the east.
Questions and Comments from the Commission:
— How will the tree be removed? Would prefer to have the tree stump left in place.
— It was noted during the site visit that there is debris outside the property boundary on
Conservation-owned land.
— Would recommend the removal of the buckhorn to allow for a more open yard.
— The repairs to the brick patio should not warrant a stormwater review, even if leveling out
with sand.
Responses from the Representative:
— Typically a tree this large will require a crane for removal. Wooden planks can be placed
on the ground if necessary. Will check with the property owner regarding leaving the
stump in place.
— The property owner will remove the debris across the property boundary.
On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 6-0 by roll
call vote to issue a Negative Determination with Conditions.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:03 PM
Continued Public Meetinufflearin2s
15 Banks Avenue: Notice of Intent
ViewPoint Cloud Permit# CN0I-21-43, DEP#201-####
Applicant/Property Owner: Christian Murray, Carl Donald Property Investments LLC
Project: raze and rebuild single family dwelling within 100-foot buffer zone to Bordering
Vegetated Wetlands
Previous Meeting Date: 1112212021
Documentation Submitted.-
-
ubmitted:— Site Plan; Prepared for: Christian Murray; Prepared, stamped and signed by:
Frederick W. Russell, PE Civil No. 36713; Scale: 1"=20' and as noted not to
scale; Date: 11/12/2021;
— WPA Form 3 Notice of Intent application; Locus: 15 Banks Avenue, Lexington,
MA; Prepared for the applicant: Carl Donald Property Investments LLC; Prepared
by: Mitch Maslanka, Goddard Consulting LLC; Not dated;
— Wetland Border Report; Prepared by: Mitch Maslanka, Goddard Consulting LLC;
Prepared for: Inna Rifman; Date: 4/2/2021;
— Cover Letter; Prepared by: Mitch Maslanka, Goddard Consulting LLC; Date:
11/17/2021;
— Stormwater Analysis; Prepared, stamped and signed by: Frederick W. Russell,
PE; Date: 11/12/2021;
Mr. Mitch Maslanka, Goddard Consulting LLC,presented to the Commission. Mr. Maslanka
stated that the proposed construction will take place within the 50-100 foot buffer zone and the
infiltration area is being installed in the front yard with a trench drain located at the end of the
driveway. He added that a small Swale is being proposed on the side (east) yard to prevent
stormwater runoff onto the abutting property, and that all roof runoff will be captured in the
infiltration system.
It was requested that the tree stump remain in place, if possible and Mr. Maslanka responded that
he will discuss with the property owner and provide a response at the next meeting.
Mr. Robert Hannigan, owner of 6 Ames Avenue, spoke on behalf of abutters in the
neighborhood. Mr. Hannigan stated that some abutters constantly have water in their basement
and there is a lot of concern for those who are pumping water regularly out of their basements.
Mr. Maslanka explained how the cultec chamber system will function, and that runoff will be
infiltrated multiple feet below ground and on this lot. Mr. Maslanka added that the applicant has
put forth his best effort to mitigate as much stormwater runoff as possible. Ms. Dohan responded
that the existing dwelling has no infiltration and the proposed dwelling with stormwater
management will allow less runoff from the property to surrounding properties.
On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to continue the hearing to the December 20, 2021 meeting at the applicant's request.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:23 PM
New Business/Pendine Matters, Continued
Enforcement Order: 7 Tufts Road, VPC#EO-21-2; tree removal within wetlands and 100-foot
buffer zone
Ms. Mullins stated that there is no update and awaiting response from the property owner.
Vote to retroactively aprove and issue an Emergency Certificate with Conditions for 72 Kendall
Road (VPC#EC-21-3) and allow Karen Mullins to sign on behalf of the Conservation
Commission
The emergency certificate is to repair the sewer lateral from the dwelling to Kendall Road in the
front lawn area.
On a motion by Ms. Samuels and seconded by Mr. Langseth, the Commission voted 6-0 by roll
call vote to retroactively approve and issue the Emergency Certificate and allow Ms. Karen
Mullins to sign on behalf of the Conservation Commission.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:25 PM
Open Space Needs Assessment for the CPC; vote to aprove as edited
The Commission did not make any changes to this report and voted to approve at the last
meeting.
Schedule site visits for 12/20/2021 meeting
The site visits will take place on Saturday, December 18, 2021 at 9:30 AM
Approve Minutes: 10/12/2021, 10/25/2021, and 11/22/2021
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to approve the Minutes of the October 12, 2021 meeting.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:31 PM
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 October 25, 2021 meeting.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:32 PM
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 November 22, 2021 meeting.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
8:33 PM
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee, HIP Working g Group
The Select Board voted to approve the acceptance of the 359 Lincoln Street land donation.
The Burlington Conservation Commission approved the Jefferson Drive (0 Grove St)trail work.
On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 6-0 by roll
call vote to adjourn the meeting at 8:41 PM.
Record of vote as follows:
Kevin Beuttell —Aye
Alex Dohan—Aye
Ruth Ladd—Aye
David Langseth—Aye
Holly Samuels —Aye
Phil Hamilton—Aye
Respectfully Submitted,
Meghan McNamara
Conservation Department Assistant
Approved: 12/20/2021
Archived: 12/27/2021