HomeMy WebLinkAbout2022-06-27-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday, June 27, 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: Kevin Beuttell, Duke Bitsko, Alex Dohan, Philip Hamilton, Jason
Hnatko, Ruth Ladd and Holly Samuels
Staff Present: Karen Mullins, Conservation Director
6:30 PM New Business/Pending Matters
Update from Eagle Scout Jackson Monks on boardwalk construction at Meagherville
Conservation area
Mr. Jackson Monks informed the Commission that the Meagherville boardwalk construction was
completed in one day, with an estimated 20 people total working on the project. The boardwalk
that Mr. Monks proposed to build was originally at the Jerry Cataldo Reservation, however due
to time constraints and comments received from MassDEP on the Jerry Cataldo boardwalk
proposal, Mr. Monks constructed the boardwalk at Meagherville instead and earned his status as
an Eagle Scout.
Ms. Amber Carr, Conservation Coordinator, presented a change on the decking/sleeper
measurements for the Meagherville boardwalk alternative given the difficulty of acquiring
recycled plastic sleepers. The Commission verbally approved this change for the design detail.
Update from Land Stewardship Inc. on the Chiesa Farm Field Management public charrette
comments and feedback
Ms. Jessica Applin and Mr. Chris Polatin, Land Stewardship Inc., presented to the Commission
an overview of the public charrette that was held on June 21, 2022. The public provided
feedback on field edge management and managing some of the encroaching brush and invasive
species, as well as the consideration of agricultural and conservation improvements on the same
landscape. Land Stewardship, Inc. is looking into the possibility of a staggered mowing schedule
in some areas to encourage conservation diversity and to find a balance between the two.
Members of the public encouraged mowing four times a year.
Conservation Plan Modification: 95 Hayden Avenue, ViewPoint Cloud Permit# CPM-22-9,
CNOI-21-21, DEP#201-1226
Mr. Marc Moccio, Wright-Pierce, presented the proposed changes to the Commission.
On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 7-0 by roll
call vote to approve this as an Insignificant Plan Change/Conservation Plan Modification.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Conservation Plan Modification/Insignificant Plan Change: 1010 Waltham Street (Brookhaven at
Lexington), DEP#201-1066, BL-1023
Mr. Jim Borrebach, OHI Engineering, presented the proposed changes to the Commission.
On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll
call vote to approve this as an Insignificant Plan Change/Conservation Plan Modification.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
New Public Meetings/Hearings
122 Grove Street: Request for Determination of Applicability
ViewPoint Cloud Permit# CDOA-22-17
Applicant/Property Owner: Amit Bardia
Project: construction of a fence and landscaping activities within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted:
● Project Description; Provided by: Amit Bardia; Not dated;
● Site Plan “Exhibit Plan of Land”; Prepared by: Bartram Land Survey; Date: 10/17/2016;
● WPA Form 1 Request for Determination of Applicability application; Prepared by the
Applicant: Amit Bardia; Date signed: 5/9/2022;
Mr. Amit Bardia, Property Owner, presented to the Commission his proposal to install a fence in
the rear of his property and perform landscaping activities. At the site visit, Mr. Bardia was
asked to provide a plan showing the fence measurements from the rear shed. The plan presented
at the meeting did not match what was asked during the site visit
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
vote to continue the hearing to the July 11, 2022 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
48 Allen Street: Notice of Intent
ViewPoint Cloud Permit# CNOI-22-13, DEP#201-####
Applicant/Property Owner: Arlen Avakian
Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to
Bordering Vegetated Wetlands and 100-foot buffer zone to Bank of an intermittent stream
Documentation Submitted:
● Notice of Intent application; Prepared by the Representative: Timothy McGuire, Goddard
Consulting, LLC; Date signed by the applicant: 5/27/2022; Date signed by the
representative: 6/6/2022;
● Stormwater Report; Prepared by: Everett M. Brooks Company; Stamped and signed by:
Michael S. Kosmo, PE Civil No. 31480; Date: 4/12/2022;
● Sheet 1 “Site Plan of Land” and Sheet 2 “Site Plan of Land”; Prepared by: Everett M.
Brooks Company; Stamped and signed by: Michael S. Kosmo, PE and Bruce Bradford,
PLS No. 38376; Date: 4/26/2022 and revised through 6/3/2022;
Mr. Mark Arnold, Goddard Consulting, presented to the Commission on behalf of the Property
Owner, who is proposing to raze and rebuild a single-family dwelling. A DEP filing number has
not yet been issued.
Questions and Comments from the Commission:
⎯ Is anything being proposed to protect the stream channel?
⎯ The proposed roof overhang and gutter line appear to be within the 50-foot no build zone.
⎯ This is an atypical foundation drain design and it is elevated significantly. A contractor
might not understand this intent and put the foundation drain at the bottom of the
foundation which would be too low. Want to make sure the contractor installs it properly.
⎯ Can you show where the footings for the proposed deck will be located? The deck is
located on top of the infiltration system in the rear.
Responses from the Representative:
⎯ The property owner is willing to consider protecting the stream channel through native
plantings but has not come to a decision yet.
⎯ Will discuss with the architect regarding the roof overhang and gutter line
Ms. Mullins stated that the required two-feet of separation is a standard requirement of the
Commission and that they don’t allow less than two feet. It was asked where the water from the
foundation drain is pushed to and Mr. Arnold responded that the water will be pushed to a
proposed gravel leaching area. Mr. Arnold added that it’s a simple gravel bed so no details are
shown on the plan. Mr. Beuttell asked to see those details.
It was asked if the applicant is proposing Feno bounds and whether they will be placed along the
25-foot buffer zone. The 25-foot buffer zone is existing lawn. Mr. Arnold asked what the
reasoning would be for marking off 25 feet of lawn as “do not disturb” and Ms. Ladd responded
that the Commission is typically looking to protect that buffer to prevent lawn from going right
up to the wetland edge. A concern about the water quality was raised because some of the runoff
appears to be coming from a horse farm offsite.
On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to continue the hearing to the July 11, 2022 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Hartwell Avenue and Maguire Road Town of Lexington Public Right of Way (4 Maguire Road)
Determination of Applicability
ViewPoint Cloud Permit# CDOA-22-18
Applicant: Cambridge Network Solutions
Property Owner: Town of Lexington
Project: underground installation of communication conduit and a telecom utility access within
the 200-foot Riverfront Area and within 100-foot buffer zone to Bordering Vegetated Wetlands
and Bordering Land Subject to Flooding
Documentation Submitted:
● WPA Form 1 Request for Determination of Applicability application and attachments;
Prepared for the Applicant: Cambridge Network Solutions; Prepared by the
Representative: Magdalena Lofstedt, PWS; Date signed: 6/6/2022;
● Cover Sheet, “Proposed Plan” and “Detail Sheet”; Prepared by: FAYNET Engineering
Group; Date: May 2022;
● Photographs of site; Not dated;
Ms. Magdalena Lofstedt, PWS, presented to the Commission on behalf of Cambridge Network
Solutions. It was asked how long the project would take and Ms. Lofstedt responded that it
should be done in 5 days.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
40 Fern Street: Request for Determination of Applicability
ViewPoint Cloud Permit# CDOA-22-19
Applicant:/Property Owner: Stephen Schrodel and Phoebe Yager
Project: construction of an addition and deck located on a single-family dwelling lot that is
subject to on-going conditions regarding no increase in impervious surfaces (DEP#201-934, BL-
894)
Documentation Submitted:
● WPA Form 1 Request for Determination of Applicability application; Prepared by the
Applicant: Stephen Schrodel and Phoebe Yager; Date signed: 6/7/2022;
● Building Planset; Prepared by: Torrey Architecture; Date: 4/21/2022;
● Landscape Plan B; Date last revised: 5/2/2022;
● Proposed Plot Plan; Prepared by: Rober Survey; Date: 6/15/2021;
Mr. Stephen Schrodel, Property Owner, presented to the Commission his proposal to construct
an addition and deck on his property. The proposed addition and deck is over 250 feet away from
the wetland boundary, however this site is subject to an on-going condition regarding no increase
in impervious surfaces. Mr. Schrodel is proposing to install a 665 square foot rain garden with a
swale to capture runoff from the existing barn downspouts to mitigate for the increase in new
impervious surface. The Commission agreed that this is an appropriate approach given the rarity
of the situation.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue a Negative Determination with Conditions.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Continued 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;
Mr. Eric and Mrs. Tulin Fuselier, Property Owners, presented to the Commission. Ms. Ladd
asked if the wetland was delineated using the town bylaw requirements and the Wetlands
Protection Act. Ms. Devin Batchelder, CWS, responded yes, and that the soils extended farther
upslope than the vegetation. Ms. Mullins stated that the wetland flows under the roadway and is
connected to a Bordering Vegetated Wetland on the northerly side, however the applicant
identified it as an Isolated wetland. Ms. Mullins and Ms. Batchelder will meet on site to confirm
whether the wetland line is upgradient and update the submittal information based on the site
visit.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to continue the hearing to the July 11, 2022 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
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
A representative was not present during the meeting.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue a Positive Determination.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
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, 6/13/2022
Supplemental Documentation Submitted:
⎯ Mitigation Plan for 21 Crescent Road; Prepared by: Mary Trudeau, Wetlands Consultant;
Not dated;
Ms. Mary Trudeau, wetlands consultant, presented to the Commission. The project engineer, Mr.
Raouf Mankaryous, was not available at the start of the hearing and the Commission eventually
delayed the discussion until later in the meeting when Mr. Mankaryous was available. Ms.
Mullins asked what the proposed roof design pitch is because a reroute of the downspouts could
allow for the rear infiltration system to be smaller and the side infiltration system to capture more
roof runoff. Ms. Trudeau believes that the roof pitch is in the middle going to the north and
south.
The discussion was continued later in the meeting.
New Business/Pending Matters, Continued
20 Cooke Road presentation on the proposed corrective restoration plan (DEP#201-1089, BL-
1089)
No one was present. This will be continued to the next meeting on July 11, 2022.
Request for Full Certificate of Compliance: 39 Ledgelawn Avenue, ViewPoint Cloud Permit#
COC-22-13, DEP#201-1244, CNOI-21-41, AOOC-22-3
Mr. Andrew Clarke, Meridian Associates, presented. Ms. Mullins said that the site is not
stabilized and once it is the applicant can request a full Certificate of Compliance.
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call
vote to issue a Partial Certificate of Compliance.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Request for Full Certificate of 55 Bridge Street, ViewPoint Cloud Permit# COC-21-31,
DEP#201-1144, BL-1101
This will be continued to the next meeting on July 11, 2022.
Vote to issue Order of Conditions: 2219 Mass Ave, ViewPoint Cloud Permit# CNOI-22-12
(local bylaw only)
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 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
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Schedule site visits for 7/11/2022 meeting
The site visits will take place on Tuesday, July 5th at 6:00 PM.
Discussion continued on 21 Crescent Road NOI
Mr. Mankaryous stated that the current proposed location of the rear infiltration system is as far
away from the tree roots as possible. He added that the system cannot be moved uphill to the
front of the house because it would be at a higher elevation than the basement.
Referring to Ms. Mullins' earlier question about the roof ridge line, Mr. Mankaryous answered
that the roof line is cut horizontally the long way, and referenced the arrows on the proposed plan
of the house.
Questions and Comments from the Commission:
⎯ It could be worth shifting the rear infiltration system to the northwest if the only
disturbed trees were the Japanese yews.
⎯ Could you extend the length of the side infiltration system?
⎯ Can the downspout at elevation 214 connect to the side infiltration system at elevation
212? If so, could you take one of the rows off of the rear infiltration system and add it to
the side infiltration system?
Responses from the Representative:
⎯ Will have to look at the slope and see if it’s possible to shift the rear infiltration system to
the northwest.
⎯ Could look into extending the length of the side infiltration system, but it has to be in 4-
foot increments given the size of the chamber, and would not completely eliminate the
rear system.
⎯ Will have to redesign the two systems to see if the elevation 214 downspout can connect
to the side infiltration system.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to continue the hearing to July 11, 2022 at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
Land Acquisition Subcommittee comments on the draft Open Space and Natural Resources
chapter in the Comprehensive Plan
Mr. Hnatko announced that he had to leave the meeting.
Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, presented comments that the
subcommittee had drafted regarding the draft Open Space and Natural Resources chapter in the
Comprehensive Plan. The Conservation Commission voted to adopt these comments as the
Commission’s comments to the Planning Board.
Approve Minutes: 1/31/2022 (joint meeting), 4/19/2022 and 6/13/2022
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 April 19, 2022 meeting.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Phil Hamilton – Aye
The Minutes of the January 31, 2022 and June 13, 2022 meetings will be continued to the next
meeting.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee, HIP Working Group
Ms. Mullins informed the Commission that Mr. Charlie Wyman submitted a land use permit
application requesting to host a firefly field visit after hours at Willard’s Woods.
On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve the Land Use Permit and the use of Willard’s Woods after hours, with details to
be issued by town staff.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Phil Hamilton – Aye
Mr. Hamilton stated that the meeting on July 25, 2022 will be in-person unless the legislature
passes an extension of the current temporary changes to the Open Meeting Law, and the
governor approves the extension.
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Phil Hamilton – Aye
Respectfully Submitted,
Meghan McNamara
Department Assistant – Conservation
Approved: 7/25/2022
Archived: 7/26/2022