HomeMy WebLinkAbout2022-07-25-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, July 25, 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 (acting Chair), Alex Dohan, Jason Hnatko and Holly
Samuels (not present: Duke Bitsko, Philip Hamilton, and Ruth Ladd)
Staff Present: Karen Mullins, Conservation Director, Meghan McNamara, Department
Assistant, and Amber Carr, Conservation Coordinator
6:30 PM New Business/Pending Matters
Breakdown of Willard’s Woods Meadow Preservation and ADA improvement design and
engineering; Kyle Zick Landscape Architecture, Inc.
Ms. Tracy Hudak, Project Landscape Architect, and Mr. Kyle Zick, Principal, both with Kyle
Zick Landscape Architecture, Inc., presented to the Commission. On July 14, 2022, the first
public charrette was held to discuss the Willard’s Woods Universally Accessible Trails and
Parking Accommodations. Ms. Hudak and Mr. Zick provided the Commission with an overview
of the public charrette and an update on the project. The Commission reiterated that there will be
several more opportunities for public input in this process.
Comments from the Commission:
⎯ What types of materials are appropriate, or is that still being worked on?
⎯ Maintaining the environmental integrity of the pond is important and would be happy to
see a fence installed
⎯ Installing a fence makes sense given the current situation with the dogs at this site who
are not under as much control as they should be
⎯ Like the diversity in Option B and would be interested to see what the public feedback is
on the cart path and not the upland trail.
Discussion on herbicide use at West Farm Conservation Area as it pertains to the RFQ for field
preservation
Ms. Carr requested feedback from the Commission on herbicide application at West Farm
Conservation Area to target currently dense populations of sumac, black swallow-wort, black
locust, and tree of heaven. Ms. Samuels stated that people are concerned about the sumac
encroaching into the meadow, and would prefer that the sumac be mowed, and the black
swallow-wort and tree of heaven be treated. Ms. Carr stated that ultimately it would be up to the
consultant to decide what type of herbicide is used, but that her preference would be Triclopyr so
that monocots wouldn’t be affected by the treatment. Members of the Commission agree to keep
the use of herbicide to a minimum and would like to find a balance between herbicide use and
mowing for longevity of management and cost effectiveness.
Discussion on the draft policy for Memorials in conservation land
Ms. Carr informed the Commission that there are currently five requests for memorial benches in
conservation land and she wants to have the Commission approve standard language and policy
to assist staff in their discussions with potential donations. Ms. Mullins added that the Select
Board has a policy in place that requires donations to include funds for long term maintenance.
This discussion and vote will be continued to the next scheduled meeting when more
Commission members are expected to be in attendance.
7:21 PM New Public Meetings/Hearings
Notice of Intent: 501 Marrett Road
ViewPoint Cloud Permit# CNOI-22-15
Applicant/Property Owner: Town of Lexington
Project: construct a new 20’x26’ bathhouse with accompanying utilities. Install a 20’x20’ beach
canopy. Remove existing ADA matting, install proposed path and proposed ADA matting.
Portions of the project are within Inland Bank, Bordering Vegetated Wetlands, 100-foot buffer to
Bordering Vegetated Wetlands, and Land Under Water Bodies and Waterways
Documentation Submitted:
● Notice of Intent application and attachments; Prepared for: Town of Lexington; Prepared
by: Brian Geaudreau, PE and John Reilly, EIT, Hancock Associates; Date: 6/29/2022;
● Sheet C-1 “Site Plan” and Sheet C-2 “Site Details”; Prepared for: Town of Lexington;
Prepared by: Hancock Associates; Stamped and signed by: Brian G. Geaudreau, PE Civil;
Scale: 1” = 2o- and as otherwise noted; Date: 6/13/2022;
● Stormwater Report; Prepared by: Hancock Associates; Date printed: 5/18/2022;
Mr. Brian Geaudreau, Hancock Associates, presented to the Commission on behalf of the Town
of Lexington Facilities.
Questions and Comments from the Commission:
- How is the path going to wrap around the bathhouse and how wide is it?
- How do emergency vehicles access this area?
- Could the bathhouse be moved to the left to save any of the trees?
- It looks like the bathhouse would block off vehicular access to the beach. Is that correct?
- The location of this proposed bathhouse makes it difficult to demolish that structure.
There is no access road to get in or out. Is there a need to get maintenance equipment in
and out on the beach?
- Would it be possible to relocate the infiltration system to the area of potential future
parking?
Responses from the Representative:
- The path around the proposed bathhouse is 5 feet wide.
- Emergency vehicles will access this area from the gravel path beginning at the school,
just as they do now.
- If the proposed bathhouse was shifted to the left it would still impact trees. It is currently
proposed in an expanded gravel area and the area of least disturbance.
- Physically it would restrict a vehicle from driving onto the beach. For something like
dismantling the existing building, they have to work around the proposed location. The
demolition plan would also fall under the jurisdiction of the Conservation Commission
but is not being proposed at this time.
- The tree close to the proposed canopy is not proposed to be taken down.
- There are 5 trees within the proposed bathhouse location to be taken down. All fall
outside the 100-foot buffer to the reservoir.
- Will look into the relocation of the infiltration system during the revisions.
Mr. Mike Cronin, Director of Lexington Facilities, stated that the bathhouse was originally
proposed outside the fenced area however it wasn’t meeting accessibility requirements and
needed to be relocated. Mr. Cronin also stated that the demolition of the existing bathhouse isn’t
confirmed yet, but he anticipates that only small pickup trucks would be necessary for the
demolition and not large vehicles.
On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to continue the hearing to the August 8, 2022 meeting at the applicant’s request.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
7:47 PM
Request for Determination of Applicability: 55 Hill Street (Lexington Golf Club)
ViewPoint Cloud Permit# CDOA-22-22
Applicant/Property Owner: Lexington Golf Club, c/o Mike Keegan, President
Project: Razing and reconstruction of the existing club house and associated parking lot
improvements including bringing the parking into conformance with current ADA/MAAB
requirements. As well the project will provide new sewer and water service to the proposed
structure and the incorporation of a closed drainage system.
Documentation Submitted:
● WPA Form 1- Request for Determination of Applicability application; Prepared for:
Lexington Golf Club c/o Mike Keegan, President; Prepared by: Tim Williams, Allen &
Major Associates, Inc.; Date signed by Applicant: 6/21/2022; Date signed by
Representative: 6/22/2022;
● Work Description; Prepared by: Allen & Major Associates, Inc.; Not dated;
● Planset; Site Development Plans for 55 Hill Street; Prepared by: Allen & Major
Associates, Inc.; Stamped and signed by: Timothy J. Williams, PE Civil No. 43119; Date:
6/29/2022;
● Drainage Report; Prepared for: Lexington Golf Club; Prepared by: Allen & Major
Associates, Inc.; Date: 6/29/2022; Operation & Maintenance Plan; Prepared for the
Stormwater Management System Owner: Lexington Golf Club;
Mr. Tim Williams, Allen & Major Associates, presented to the Commission. The Lexington Golf
Club is proposing to reconstruct its clubhouse with associated parking lot improvements in order
to bring the site into ADA/MAAB compliance. The proposal involves a connection to the town
drainage system. Ms. Samuels asked how far away the spill area is from the resource area and
Mr. Williams responded that it is over 300 feet away.
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 4-0 by roll call
vote to issue a Negative Determination with conditions.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:00 PM
Amendment to Order of Conditions: 22 Village Circle
ViewPoint Cloud Permit# AOOC-22-9, DEP#201-1195, CNOI-20-25
Applicant/Property Owner: Dinesh and Savitha Shanthappa
Project: Demolition of existing deck and subsequent reconstruction of a new deck atop an
existing concrete slab
Documentation Submitted:
● Description of Work; Not dated;
● Letter describing requested changes; From: Mary Trudeau, Wetlands Consultant; Date:
7/2/2021;
● Sheet C-0 “Drainage/Grading Plan”; Prepared by: Gala Simon Associates, Inc.; Stamped
and signed by: Alberto M. Gala, PE Civil No. 36434; Date: 10/12/2018 and revised
through 5/18/2022;
● Structural Details; Prepared by: Cowen Associates; Date: 6/2/2022;
● Deck Revision Plans; Prepared by the Architect: Amy Nastasi; Date: 2/9/2022;
Ms. Mary Trudeau, wetlands consultant, presented to the Commission. Ms. Trudeau stated that
the existing deck is not compliant with the current building code and smaller than the property
owner would prefer. Mr. Beuttell asked what the sizing of the cuts in the existing concrete slab
will be and what material they will be backfilled with. Ms. Trudeau responded that it may not be
shown on the plan, but the cuts made in the concrete slab will be 18x18 inches and they will be
backfilled with washed stone. The Commission will add those details as a special condition in
the amended Order of Conditions.
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 4-0 by roll call
vote to close the hearing.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:05 PM
Notice of Intent: 42 Winthrop Road
ViewPoint Cloud Permit# CNOI-22-16, DEP#201-####
Applicant/Property Owner: Shigemi and Masazumi Nagai
Project: raze and rebuild of a single-family dwelling within the 200-foot Riverfront Area
Documentation Submitted:
● Notice of Intent application and attachments; Prepared by: Stamski And McNary, Inc.;
Date: 7/5/2022;
● Stormwater Management Plan – Grading & Drainage Plan; Prepared by: Stamski And
McNary, Inc.; Stamped and signed by: George Dimakarakos, PE; Date: 7/1/2022;
● Stormwater Management Report; Prepared by: Stamski And McNary, Inc.; Stamped and
signed by: George Dimakarakos, PE Civil No. 41281; Date: 7/5/2022;
Ms. Molly Obendorf, Stamski & McNary, Inc., presented to the Commission. Ms. Obendorf
reviewed the comments provided by Ms. Mullins on the initial application submittal and her
response to those comments.
Questions and Comments from the Commission:
- There is a significant population of invasive plants on this property, especially Japanese
knotweed. Not sure if management of the invasive species can be conditioned but it
would benefit the property owner if it was removed.
- Is the sump pump necessary and where will it discharge? Won’t approve until we know
that information.
- The Commission has a standard requirement for the proposal to include a downspout
detail that would make a system failure more obvious to a property owner. Rather than
have this detail far away from the dwelling, please make it closer and remove the level
spreader entirely.
- What is the ESHGW level that you would use for the basement, since two different
elevations are shown on the plan?
Responses from the Representative:
- Will review the sump pump details and discuss at the next meeting. Ideally would expand
the drywell in the back to accommodate the intercepted groundwater and to avoid
additional vegetation clearing.
- Proposing an infiltration trench; however, the entire driveway is not intended to be
captured and only a portion will be directed to the trench.
- Only three trees are proposed to be removed and they are in front of the house.
- ESHGW could be as high as elevation 205 based on Test Pit #2, so the groundwater
separation from the basement would be based on the 205 elevation.
On a motion by Ms. Samuels and seconded by Mr. Hnatko, the Commission voted 4-0 by roll
call vote to continue the hearing to the August 8, 2022 meeting at the applicant’s request.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:20 PM
Request for Determination of Applicability: 26 Bedford Street
ViewPoint Cloud Permit # CDOA-22-23
Applicant/Property Owner: Jia Zheng Lu
Project: Raise the height of the roof of a two-family dwelling within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted:
● WPA Form 1- Request for Determination of Applicability application; Prepared by: Jia
Zheng Lu, Property Owner; Date signed: 7/5/2022;
● Photograph of site; Not dated;
● Project Description; Not dated;
● Building Plan “Sections 1 & 2”; Prepared by: Berdi Consulting; Stamped and signed by:
Stanislav Berdichevsky, PE Structural No. 38862; Date: 4/30/2022;
Mr. Henry Lu, son of Mr. Jia Zheng Lu, property owner, presented to the Commission. Mr.
Beuttell requested that the Commission identify a limit of work and Ms. Mullins responded that
it will be determined during the pre-construction meeting with the property owner and the
contractor. Ms. Samuels stated that, during the site visit, vines were seen growing along the
fence that is adjacent to the wetlands. The Commission will condition that the newer garden area
within the wetland shall be relocated and no future gardening will be permitted along the fenced
area. Mr. Hnatko said that he witnessed previous staining from a concrete footing that was not
properly controlled. Mr. Lu responded that the proposal does not include changes to the concrete
footings, but if the building inspector’s review determines otherwise, he will need to inform
staff.
On a motion by Mr. Hnatko and seconded by Ms. Samuels, the Commission voted 4-0 by roll
call vote to issue a Negative Determination with conditions.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:25 PM
Continued Public Meetings/Hearings
Notice of Intent: 20 Woodpark Circle
ViewPoint Cloud Permit# CNOI-22-14, 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
Previous Meeting Date: 7/11/2022
Supplemental Documentation Submitted: None
Mr. Richard Kirby, LEC Environmental, presented to the Commission the revised plans per the
Commission’s comments at the last meeting on July 11, 2022. Mr. Kirby stated that retaining
wall off the back of the house is proposed behind the patio, the distance between the trees and
proposed patio is farther apart, and that a note has been added to the plan regarding a certified
arborist on site if any tree roots greater than 2 inches in diameter need to be cut. Additionally,
Mr. Kirby stated that the restoration plan was modified so it extends all the way up to the
retaining wall and FENO bounds are proposed at the base of the wall. The Commission had no
objection to the plan revisions and acknowledged the efforts made by the consultants and
property owners.
On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 4-0 by roll call
vote to close the hearing.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:30 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
*Applicant has requested a continuance to the August 8, 2022 meeting
On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to continue the hearing to the August 8, 2022 meeting at the applicant’s request.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:31 PM
New Business/Pending Matters, Continued
Conservation Plan Modification/Insignificant Plan Change: 17 Augustus Road, ViewPoint Cloud
Permit# CPM-22-12, DEP#201-1218, CNOI-21-12
The applicant requests that this be continued to the next meeting on August 8, 2022.
Conservation Plan Modification/Insignificant Plan Change: 32 Fairbanks Road, ViewPoint
Cloud Permit# CPM-22-13, DEP#201-1215, CNOI-21-9
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 4-0 by roll call
vote to approve the Conservation Plan Modification/Insignificant Plan Change.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:32 PM
Request to Extend the Order of Conditions: 6 Peachtree Road, ViewPoint Cloud Permit# EXTO-
22-2, DEP#201-1157, CNOI-19-18 (one-year extension from 10/21/2022 to 10/21/2023)
On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to approve the one-year extension request to 10/21/2023.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:33 PM
Full Certificate of Compliance Request: 44 Hartwell Avenue, ViewPoint Cloud Permit# COC-
22-8, DEP#201-903, BL-863
Ms. Mullins informed the Commission that this review is pending a response from Lexington
Engineering and will be postponed.
Full Certificate of Compliance Request: 39 Ledgelawn Avenue, ViewPoint Cloud Permit# COC-
22-13, DEP#201-1244, CNOI-21-41, AOOC-22-3
On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to issue a complete Certificate of Compliance.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:33 PM
Full Certificate of Compliance Request: 16 Village Circle, ViewPoint Cloud Permit# COC-22-
16, DEP#201-448, BL-406
Ms. Mullins informed the Commission that this property is for sale and the Order of Conditions
was issued in 1999. A 2002 as-built was provided in the request for Certificate of Compliance,
however it does not match current site conditions and an updated as-built will need to be
provided to the Commission.
Issue Order of Conditions: 21 Crescent Road, ViewPoint Cloud Permit# CNOI-22-10, DEP#201-
1260
Mr. Hnatko, Mr. Beuttell and Ms. Dohan each submitted a signed Mullins Rule Statute prior to
the meeting and prior to voting on the issuance of the Order of Conditions.
On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to issue the Order of Conditions.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:37 PM
Vote to ratify two emergency certificates for beaver trapping and dam breaching at Kiln Brook
(Pine Meadows and Compost Facility Area) and Simonds Brook (Ivan Street and Hadley Road
area)
On a motion by Mr. Hnatko and seconded by Ms. Samuels, the Commission voted 4-0 by roll
call vote to ratify the emergency certificate for beaver trapping and dam breaching at Kiln Brook
(Pine Meadows and Compost Facility Area).
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:41 PM
On a motion by Ms. Samuels and seconded by Mr. Hnatko, the Commission voted 4-0 by roll
call vote to ratify the emergency certificate for beaver trapping and dam breaching at Simonds
Brook (Ivan Street and Hadley Road area).
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:42 PM
LUPA 90; request to host a turkey trot race at Whipple Hill on 11/12/22 (a Saturday) and
estimate 120 people in attendance
The Commission will postpone a final decision until after they are able to visit the site and view
the existing conditions.
Schedule site visits for 8/8/2022 meeting
The site visits will take place on Tuesday, August 2, 2022 at 5:30 PM
Approve Minutes: 6/27/2022 and 7/11/2022
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 4-0 by roll call
vote to approve the Minutes of the June 27, 2022 meeting.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:56 PM
On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 4-0 by roll call
vote to approve the Minutes of the July 11, 2022 meeting.
Record of vote as follows:
Alex Dohan – Aye
Jason Hnatko – Aye
Holly Samuels – Aye
Kevin Beuttell – Aye
8:57 PM
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee, HIP Working Group
Approve letter as amended. Holly, Alex 8:59 PM
On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 4-0 by roll call
vote to adjourn the meeting.
9:00 PM
Respectfully Submitted,
Meghan McNamara
Department Assistant – Conservation
Approved: 9/6/2022
Archived: 9/7/2022