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Home My WebLink About2022-06-13-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, June 13, 2022, 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: Duke Bitsko, Alex Dohan, Philip Hamilton, Jason Hnatko, Ruth Ladd and Holly Samuels (not present: Kevin Beuttell) Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 26 Dane Road, ViewPoint Cloud Permit# CPM-22-8, DEP#201-1118; request for herbicide application by Parterre Ecological Ms. Mullins, on behalf of Parterre Ecological, stated that the applicant is requesting the use of herbicide on the property to fulfill the Order of Conditions requirement for the Wetland and Buffer Zone restoration area. The Commission will approve the use of herbicide applications for one year. If the applicant wishes to continue the herbicide application after one year, they will need to submit another request and provide a report on the use and success rate from the prior year. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the Insignificant Plan Change. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:36 PM Full Certificate of Compliance Request: 7 Fiske Road, ViewPoint Cloud Permit# COC-22-11, DEP#201-1122, BL# 1079 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance, pending a favorable site visit by Ms. Mullins. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:38 PM Full Certificate of Compliance Request: 25 Oxbow Road, ViewPoint Cloud Permit# COC-21-37, DEP#201-1213, CNOI-21-1 On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:38 PM Full Certificate of Compliance Request: 11 Kay Tiffany Way, ViewPoint Cloud Permit# COC- 22-12, DEP#201-1183, CNOI-20-14 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance, pending a favorable site visit by Ms. Mullins. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:40 PM Full Certificate of Compliance Request: 55 Bridge Street, ViewPoint Cloud Permit# COC-21-31, DEP#201-1144, BL-1101 Ms. Mullins was not able to review and provide a recommendation to the Commission, therefore this will be added to the June 27, 2022 meeting. Vote to Issue Order of Conditions: 33 Freemont Street, VPC Permit# CNOI-22-8, DEP#201- 1257 On a motion by Ms. Samuels 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 Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:41 PM Updates on Comprehensive Plan & Open Space Recreation Plan Ms. Mullins stated that staff are working with the advisory committee and have a draft of the Open Space section with goals and action items of the Planning Board. A Planning Board meeting is scheduled for June 29, 2022 to review these goals. A public meeting will be delayed until July. Schedule site visits for 6/27/2022 Agenda The site visits will take place on Tuesday, June 21, 2022 at 5:30 PM. Approve Minutes: 5/16/2022 and 5/31/2022 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Minutes of the May 16, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:48 PM On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to approve the Minutes of the May 31, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:49 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Ms. Jennifer Bhatnagar, Ph.D., Boston University, presented her students’ results of soil sampling during the summer of 2021 at Whipple Hill and presented the request to continue these studies in the 2022 summer months. Ms. Dohan asked if these studies were also being conducted in the Burlington Landlocked forest and Ms. Bhatnagar responded yes. Ms. Samuels suggested additional explanatory signage throughout the area at Whipple Hill. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the Land Use permit for soil sampling at Whipple Hill in 2022. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:59 PM New Public Meetings/Hearings Request for Determination of Applicability: 11 Bellflower Street ViewPoint Cloud Permit# CDOA-22-16 Applicant/Property Owner: Eric and Tulin Fuselier Project: construction of an addition to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ● Proposed Plot Plan; Prepared by: Rober Survey; Stamped and signed by: Scott C. Lynch, PLS No. 51636; Date: 4/14/2022; ● Wetland Delineation Report; Prepared by: Devin Batchelder, CWS; Date: October 2021; ● Photographs of site; Not dated; ● Request for Determination of Applicability application; Prepared by: Eric and Tulin Fuselier; Not dated; On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the June 27, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:02 PM Notice of Intent: 2219 Massachusetts Avenue (local bylaw only) ViewPoint Cloud Permit# CNOI-22-12 Applicant/Property Owner: Raymond Kobs Project: rebuild a portion of an accessory structure within the 100-foot buffer zone to an Isolated Vegetated Wetland (IVW) Documentation Submitted: ● Notice of Intent application and attachments; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date prepared: 5/24/2022; ● Drainage Plan; Prepared by: Gala Simon Associates Inc.; Stamped and signed by: Alberto M. Gala, PE Civil No. 36434; Date: 5/5/2022; ● Engineering Drainage Calculations; Prepared by: Gala Simon Associates Inc.; Date: 5/5/2022; Mr. Rich Kirby, LEC Environmental, and Mr. Al Gala, project engineer, presented to the Commission. The Commission did not have any questions and the Engineering Department provided favorable comments. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:10 PM Continued Public Meetings/Hearings 31 Hill Street – Request for Determination of Applicability ViewPoint Cloud Permit# CDOA-22-14 Applicant: Steven Fabiano Property Owner: Rachel and Jason Bittarelli Project: construction of rear deck located within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 5/31/2022 Supplemental Documentation Submitted: None Mr. Rich Kirby, LEC Environmental, stated that Ms. Julia Hoogeboom, LEC Environmental, did visit this property to delineate the wetland prior to the meeting. Mr. Kirby was not able to provide any further information at this time and requested the continuance to provide the applicant more time. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the June 27, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:13 PM 21 Crescent Road: Notice of Intent ViewPoint Cloud Permit# CNOI-22-10, DEP#201-1260 Applicant/Property Owner: Balkrishna Gentyala Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 5/16/2022, 5/31/2022 Supplemental Documentation Submitted: ● Site Plan (Revised); Prepared by: Alpha Omega Engineering Inc.; Stamped and signed by: Roumany A. Wasef, PE Civil No. 56257; Date: 3/10/2022 and last revised 6/8/2022; Ms. Mary Trudeau, wetlands consultant, and Mr. Raouf Mankaryous, project engineer, presented to the Commission. The applicant is proposing a total of three 2.5-inch caliper native trees along the Crescent Road frontage, in addition to the previously proposed plantings to the rear of the property. Ms. Mankaryous stated that if the infiltration system was designed in the front of the house, it would be much higher than the basement elevation and he would have to raise the grade of the backyard. Ms. Trudeau stated that both wetlands on the property are sourced differently; the southeast wetland is sourced from the pond and the more northern wetland is caused by runoff from the lack of curbing on Green Street which creates a wetland plant community. Ms. Ladd added that the Commission could consider the function of each wetland, or in other words, the northern wetland could go away if a curb was installed on the street and the southeastern wetland is more natural and a habitat location for species. Ms. Mullins asked if one row from “IS-1” could be relocated to “IS-2”. Mr. Mankaryous responded that infiltration system #2 is only 10 feet from the property line and would have to raise the grade to the rear to accommodate that change. Mr. Bitsko stated that he would like to know what the species and condition are of the trees before approving them to be removed. In regards to the long-term maintenance of the infiltration systems, Mr. Bitsko said that they should only be accessed through the inspection ports and he has never seen this type of system fail. As long as the chambers are constructed correctly, Mr. Bitsko doesn’t see an issue with them being constructed where proposed. Mr. Hamilton stated that he would like more information on the unlikelihood of having to fix the infiltration systems in the future and would like an evaluation of the trees that could be negatively impacted by shifting the stormwater system. Mr. Hamilton is also in favor of repositioning the Feno markers to be at the existing tree line to act as a more permanent limit of work line. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the June 27, 2022 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:34 PM New Business/Pending Matters, Continued Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Ms. Samuels provided a report on the Lexington Native Plant Nursery and her efforts to maintain and transplant over 150 plants into larger pots. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:40 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 7/11/2022 Archived: 7/12/2022