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Home My WebLink About2022-07-11-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, July 11, 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, and Meghan McNamara, Department Assistant 6:30 PM New Business/Pending Matters 17 Augustus Road – Commission to provide feedback on a deck that was constructed larger than approved and a paver patio installed at the bottom of the deck stairs (DEP#201-1218, CNOI-21- 12); Richard Kirby, LEC Environmental Mr. Richard Kirby, LEC Environmental, presented on behalf of the property owner, Mr. Gurmit Grewal. To compensate for the larger deck size, the property owner is proposing to increase the size of the restoration planting area and members of the Commission were amenable to that proposal. The applicant will submit a formal plan change request for the upcoming meeting. 3 Solomon Pierce Road restoration and planting plan (DEP#201-782, BL# 742); Julia Hoogeboom, LEC Ms. Julia Hoogeboom, LEC Environmental, presented on behalf of the property owners. Ms. Hoogeboom informed the Commissions that a majority of the required planted shrubs were dead or missing, with evidence of animal browsing on the remaining shrubs. The Commission recommends planting herbaceous species that would be less likely browsed. Ms. Hoogeboom is proposing a revised planting plan and monitoring for an additional growing season, as well as an additional round of invasive species management within the wetland area. Members of the Commission agreed on two additional years of monitoring. Mr. Bitsko requested to see more diversity on the planting list. A native seed mix was recommended by members of the Commission. Ms. Hoogeboom stated that the herbaceous species and shrubs will be planted in the fall, after the drought and before water levels start to rise again to access the flooded portion of the wetland. The seed mix will be placed in the Fall or next Spring. Conservation Plan Modification/Insignificant Plan Change: 9 Philip Road (Bowman School), ViewPoint Cloud Permit# CPM-22-11, DEP#201-1254, CNOI-22-5 A representative was not present. The Commission will continue this to later in the meeting and discuss if a representative is then available. Conservation Plan Modification/Insignificant Plan Change: 18 Peacock Farm Road, ViewPoint Cloud Permit# CPM-22-10, DEP#201-1222, CNOI-21-16 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. 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 6:59 PM Full Certificate of Compliance Request: 44 Hartwell Avenue, ViewPoint Cloud Permit# COC- 22-8, DEP#201-903, BL-863 Ms. Mullins stated that she has reached out to the Engineering Department and is waiting on their response before making a recommendation to the Commission. Partial Certificate of Compliance- 55 Bridge Street, ViewPoint Cloud Permit# COC-21-31, DEP#201-1144, BL-1101 On a motion by Mr. Beuttell and seconded by Ms. Dohan, 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 7:01 PM 20 Cooke Road presentation on the proposed corrective restoration plan (DEP#201-1089, BL- 1089) Mr. Brian Lau, contractor for the property owner, presented to the Commission. Mr. Lau presented a plan showing an updated proposal for the two areas north and south of the dwelling. The Commission is concerned with the amount of fill placed within the 25’ No Disturb zone which created a steep slope within the 25-foot wetland buffer zone and slightly into the wetlands area. Mr. Lau stated that the property owner has installed plantings within the previously disturbed areas, however the Commission agrees that the approved elevations need to be enforced and restored. The Commission would like to visit the site with the project team prior to continuing the restoration discussion. 7:13 PM New Public Meetings/Hearings Notice of Intent: 20 Woodpark Circle ViewPoint Cloud Permit# CNOI-22, DEP#201-1263 Applicant/Property Owner: Anil Padyana and Kanchana Bhat Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ● Notice of Intent application and attachments; Prepared by: Richard A. Kirby, LEC Environmental; Date: 6/21/2022; ● Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Date: 6/20/2022 and revised 7/2/2022; ● Site Plan and Notice of Intent Details; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 6/20/2022 and revised 7/2/2022; ● Engineering Comments; From: Marissa Liggiero, Engineering; Subject: 20 Woodpark Circle NOI Comments; Date: 6/30/2022; ● Mitigation Planting Plan; Prepared by: LEC Environmental; Date: 6/24/2022; Mr. Richard Kirby, LEC Environmental, and Mr. Michael Novak, Patriot Engineering, presented to the Commission. Questions and Comments from the Commission: ⎯ Why is the proposed dwelling to be constructed so close to the 50-foot buffer? ⎯ What is the construction of the retaining wall? What excavation will be required? ⎯ Would the applicant be okay with pulling out invasive species along the lawn edge? ⎯ Concerned for the three large red maples in close proximity to the proposed retaining wall. ⎯ Did not see a planting plan that extends to the rear of the property. Is that to stay out of the easement? ⎯ It looks like part of the retaining wall is close to 4 feet high. Is all the soil on top of the roots going to be problematic? Even if no tree roots are cut? Responses from the Representative: ⎯ The proposed dwelling is so close to the 50-foot buffer zone because of the required front setback and the shape of the lot. It is difficult to shift the house to the left and to the right while also remaining outside the 50-foot buffer zone and required zoning setbacks. ⎯ The retaining wall is relatively low ⎯ The property owner would be okay with pulling out invasive species along the lawn edge. During the planting effort with the landscape contractor we will point to the special condition that requires invasive removal. ⎯ We are proposing 8 sapling trees be planted. Could probably boost that number up a bit to preemptively mitigate the loss of 2 maple trees. ⎯ The proposed planting plan takes into consideration the current shape of the lawn. We are proposing the replanting and restoring within the existing lawn area. ⎯ We can modify the retaining wall plan based on the discussion. Will add the retaining wall details to the site plan. Mr. Beuttell stated that he would like to see more robust tree protection being proposed and that any roots greater than 2-inches in diameter not be cut and the retaining wall be built around said roots rather than severing them. Mr. Novak asked if any roots over 2-inches in diameter could be consulted on with a certified arborist before being cut? Mr. Beuttell responded that any roots of significant size be under the supervision of an arborist, and that the construction of the wall would make accommodations for the existing trees. On a motion by Ms. Samuels and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to continue the hearing to the July 25, 2022 meeting. 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 7:46 PM Request for Determination of Applicability: 37 Watertown Street ViewPoint Cloud Permit# CDOA-22-20 Applicant/Property Owner: Terrence Rochford Project: removal and replacement of an 88 square foot sunroom within the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone to Hatch’s Pond Documentation Submitted: ● Request for Determination of Applicability application; Prepared by: Terrence Rochford, Applicant; Date signed: 6/10/2022; ● Plan of Land; Prepared by: Bowditch & Crandall, Inc.; Date: 6/19/2007 ● Photographs of site; Not dated; ● Construction Details; Prepared by: Clark Architecture; Date: 5/24/2022; Mr. Terry Rochford, property owner, and Ms. Crystal Snell, Snell Construction, presented to the Commission. Mr. Rochford is proposing to install two helical piers to support the sunroom rebuild to avoid excess digging on the site and in close proximity to the resource areas. It was discussed that if the applicant is using helical piers then there may not be much need for erosion controls to be implemented, but a limit of work fence and construction access point will be conditioned. Specific requirements for erosion control and machinery access will be discussed at the required pre-construction meeting with staff. The applicant asked for the Commission’s consideration of connecting the existing basement sump pump to a drywell system. Not a lot of flow was observed at the site and it was discussed that construction of a drywell could be more impactful to the site and the Commission would not approve this request without engineering review. On a motion by Ms. Dohan and seconded by Ms. Samuels, 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 8:01 PM Request for Determination of Applicability: 9 Ledgelawn Avenue ViewPoint Cloud Permit# CDOA-22-21 Applicant/Property Owner: Cheng Zhu Project: expansion of a residential driveway within the 200-foot Riverfront Area Documentation Submitted: ● Request for Determination of Applicability application and attachments; Prepared by: Julia Hoogeboom, LEC; Date: 6/21/2022; ● Driveway Expansion Sketch Plan; Prepared by: LEC Environmental Consultants, Inc.; Date: 6/21/2022; Ms. Julia Hoogeboom, LEC Environmental, presented to the Commission. There were no questions or statements from members of the Commission. On a motion by Mr. Hnatko and seconded by Ms. Dohan, 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 8:08 PM Continued Public Meetings/Hearings 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, 6/27/2022 Supplemental Documentation Submitted: None Ms. Mary Trudeau, wetlands consultant, and Mr. Raouf Mankaryous, project engineer, presented to the Commission. Ms. Trudeau stated that the 24-inch maple shown in the front of the house on the site plan is no longer there. The homeowner did not give permission for any tree removal and cannot explain the reason the tree is no longer present. A plan was presented that mitigates the impact of the infiltration system within the 25-foot buffer zone. Mr. Mankaryous stated that the FENO markers have been relocated to the edge of the tree line, however the FENO markers are not shown on the site plan and that will need to be updated for the record. A condition will be included in the Order of Conditions that an updated plan showing the location of the FENO bounds be provided. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to close the hearing. 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 8:19 PM 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 Previous Meeting Date: 6/27/2022 The property owner was not present during the meeting. Ms. Mullins stated that an updated drawing was submitted showing the location of the proposed fence in relation to the shed. A condition will be added that the fence remain at least 50 feet away from the wetland in the rear of the property. On a motion by Ms. Samuels 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 8:31 PM 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 Previous Meeting Date: 6/27/2022 Supplemental Documentation Submitted: None Mr. Eric and Mrs. Tulin Fuselier, property owners, and Ms. Devin Herrick, CWS, were present at the meeting. Ms. Mullins stated that she met on site and a test pit was performed in the low area upgradient of the wetlands boundary and it was determined to be non-hydric. The plan was updated to indicate that the area is bordering vegetated wetland. On a motion by Ms. Ladd and seconded by Ms. Dohan, 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 8:36 PM 48 Allen Street: Notice of Intent ViewPoint Cloud Permit# CNOI-22-13, DEP#201-1262 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 Previous Meeting Date: 6/27/2022 *The applicant has requested a continuance to the July 25, 2022 meeting 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 25, 2022 meeting. 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 8:37 PM New Business/Pending Matters, Continued Conservation Plan Modification/Insignificant Plan Change: 9 Philip Road (Bowman School), ViewPoint Cloud Permit# CPM-22-11, DEP#201-1254, CNOI-22-5 Ms. Mullins provided an overview of the plan change request at the Bowman School and stated that the work should be completed in one day. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. 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 8:44 PM Discussion on hybrid meeting Unless a change is approved by the legislature and signed by the governor, the Conservation Commission will be meeting in-person for the meeting on July 25, 2022 with the option for attendees to attend virtually via Zoom. Staff provided a brief update on the technology available to host a hybrid meeting and will gather a few Commission members to practice using the technology prior to the next meeting. Members of the Commission raised concern on meeting in a small, windowless room, and requested accommodations to relocate or have an air filtration system provided. Schedule site visits for 7/25/22 meeting The site visits will take place on Tuesday, July 19, 2022 starting at 5:30 PM. Approve Minutes: 1/31/2022, 6/13/2022 and 6/27/2022 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the Minutes of the January 31, 2022 meeting. 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 8:56 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the Minutes of the June 13, 2022 meeting. 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 8:57 PM The Minutes of the June 27, 2022 meeting will be approved at 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. Dohan stated that she and Ms. Mullins met with Mr. Leonard Morse-Fortier, a structural engineer, to discuss the Wright Farm barn and progress is being made to move forward with the design phase. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 7-0 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 Jason Hnatko – Aye Phil Hamilton – Aye 9:00 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 7/25/2022 Archived: 7/26/2022