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Home My WebLink About2022-11-21-Concom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, November 21, 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 (arrived at 6:37 PM), Duke Bitsko, Alex Dohan (arrived at 6:37 PM), Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director, Amber Carr, Conservation Coordinator, and Meghan McNamara, Conservation Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 17 Augustus Road, VPC# CPM-22- 12, DEP#201-1218, CNOI-21-12 Mr. Rich Kirby, LEC Environmental, and Mr. Gurmit Grewal, property owner, were present. The Zoning Board of Appeals granted approval for the deck overhang to be constructed within the setback area. A planting plan was presented to show an increase in the number of plantings and Mr. Kirby stated that the paver patio was removed and replaced with gravel. The Commission will approve the plan change, subject to receipt of photographs of the new gravel area and an updated site plan showing the relocated Feno marker into the extended restoration area. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to approve the 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 6:40 PM Vote to Issue Order of Conditions: 95 Hayden Avenue & 128 Spring Street, VPC#CNOI-22-25 (bylaw only) On a motion by Ms. Dohan and seconded by Ms. Ladd, 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 6:41 PM Vote to Issue Order of Conditions: 48 Allen Street, VPC#CNOI-22-13, DEP#201-1262 On a motion by Ms. Samuels and seconded by Mr. Bitsko, 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 6:43 PM Conservation Plan Modification and Extension request: Invasive plant management by Holly Samuels Ms. Samuels is requesting to extend the areas of herbicide use from a previously approved project in 2017 at the Jerry Cataldo Reservation. The extension will include areas along the bike path at the Arlington Great Meadows and a small pond near the Waldorf School. Ms. Samuels is a licensed herbicide applicator and has been performing this work alongside neighborhood volunteers and Scouts. Ms. Samuels stated that she has spoken with Mr. David Morgan, Arlington Conservation Agent, who is happy to go along with what the Lexington Conservation Commission approves. Ms. Mullins stated that she also spoke with Mr. Morgan who is agreeable with the proposed plan. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve the modification to the approved project. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Recused Jason Hnatko – Aye Phil Hamilton – Aye 6:50 PM Willard's Woods site visit follow up and identify next steps Members of the Commission, Ms. Carr and KZLA consultants met for a site visit at Willard’s Woods prior to the meeting to visualize the design options in the field. Members of the Commission discussed options for trail designs and the configuration of the parking area. A cost estimate will need to be prepared to better assist the consultant and the CPC. Ultimately the Commission decided they will hold a public meeting on December 14, 2022 at 7:00 PM to allow more time for discussion on the Willard’s Woods plan. Conservation staff will provide an update to the CPC but that date is undetermined. 7:09 PM New Public Meetings/Hearings Vote to approve amendments to the Ch. 145 Land Use Regulations at Parker Meadow Conservation Area Ms. Carr informed the Commission that a survey was sent out to abutters and community members to solicit feedback on bike usage and leashed dogs at Parker Meadow Conservation area, as they pertain specifically to the recently opened Universally Accessible (UA) trails system at the site. Ms. Carr asked the Commission for guidance on how to change the language in the current land use regulations for UA trail segments at Parker Meadow. Members of the Commission agreed that any change in policy would be difficult to enforce. Ms. Ladd stated that she agreed with requiring dogs to be on leash on the UA trail segments at Parker Meadow. Mr. Beuttell asked how one would effectively communicate these rules when they would specifically be for UA trails and not the entire site. He also asked if it would make sense to apply these rules to the entire site, just for simplicity. Ms. Carr stated that similar signage would be mounted at the 3 UA trail entrances. Members of the Commission also agreed that a clear explanation of what yielding means should be established and incorporated into the signage. Mr. Bitsko asked if the same survey would be used for future UA trail areas such as Willard's Woods. Mr. Hamilton responded that Parker Meadow should be treated as a pilot project and that’s why these proposed changes would only be specific to the site. Ms. Carr recapped by saying she will update the land use regulations to include the following for UA trail segments at Parker Meadow: bikers are required to yield (the exact meaning of yield to be specified) and to require dogs to be leashed. Ms. Carr will draft the amendments and provide them to the Commission for a future vote. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the December 5, 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 7:26 PM Vote to approve the Chiesa Farm Field Management Plan On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the Chiesa Farm Field Management Plan. 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 7:31 PM Notice of Intent: 0 Moon Hill Road ViewPoint Cloud Permit# CNOI-22-26, DEP#201-1277 Applicant/Property Owner: George Hamilton, Orchard Tennis Association Project: construction of an access drive, resurfacing of the existing tennis courts, and replacement of surrounding fence within the 100-foot buffer zone to a Bordering Vegetated Wetland Documentation Submitted: ⎯ Sheet 1 “Site Plan” and Sheet 2 “Details”; Prepared, stamped and signed by: George Hamilton, PE Civil No. 47173; Date: 10/7/2022; ⎯ Notice of Intent Application and attachments; Prepared by: McArthur Environmental Consulting, LLC; Date: November 2022; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; Subject: 0 Moon Hill Road NOI Comments; Date: 11/14/2022; ⎯ Photographs of site; Date photos taken: 6/3/2022; Ms. Susan McArthur, McArthur Environmental Consulting LLC, and Mr. George Hamilton, applicant and project engineer, presented to the Commission. Questions and Comments from the Commission: ⎯ What is the plan for fence replacement and will the erosion control be extended to include the fence replacement areas? ⎯ In the area of Wetland Flag 106 there is a lot of invasive buckthorn and the Commission wonders if the applicant would consider removal of the invasive species in that area to help create a better environment for the mitigation area? ⎯ Is there a plan to replace the native trees proposed to be removed? ⎯ Concerned about the unimproved access route from the street to the tennis court. What time of year will the work be done? ⎯ Would like a condition that the unimproved access route be left in the same condition as pre-construction. If the conditions are wet during construction, request that the site be brought back to its existing condition. ⎯ Notify the Commission if and when the fence replacement will take place. ⎯ Make clear to the hired contractor that any debris is to be removed off site. ⎯ Saw chunks of asphalt in the area of where the invasive species should be removed. Responses from the Representative: ⎯ The fence replacement is in the scope of work, however will likely not take place in its entirety and not currently included in the budget. Most likely only parts of the fence will be replaced, but wanted to include in the narrative so we would not have to come back for another approval in the near future. ⎯ Could prepare a workday to remove the invasive species and relocate the mitigation area to the area surrounding Wetland Flag 106. ⎯ The native trees proposed to be removed are small saplings and we are not proposing to replant them. Doing everything possible to protect the large trees at the site. ⎯ Anticipate the work being done in June or July but it depends on when the contractor is available The Commission will incorporate two special conditions into the Order of Conditions: to repair any damage to the surface of the unimproved access route from the street to the tennis courts that could result in erosion and that the applicant will notify the Commission if they decide to move forward with the fence replacement, and to let the Commission know if the fence replacement is phased out into substantially different work periods. Ms. Chris Garrity, property owner of 2 Moreland Avenue, asked if the invasive bamboo will be removed. Mr. George Hamilton responded that the intent is to remove the bamboo as much as possible. On a motion by Ms. Samuels and seconded by Mr. Beuttell, 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 7:51 PM Notice of Intent: 5 Mason Street ViewPoint Cloud Permit# CNOI-22-27, DEP#201-1275 Applicant/Property Owner: Juan Vergara, Missionaries, LLC Project: construction of 2 additions and a detached garage, with associated hardscaping within the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone to Isolated Vegetated Wetland (local code only) Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: LEC Environmental; Date: 11/1/2022; ⎯ Sheet C-1 “Site Plan” and Sheet C-2 “Details”; Prepared by: Patriot Engineering and RJ O’Connell & Associates, Inc.; Stamped and signed by: Michael J. Novak, PE; Date: 10/25/2022 and revised 11/14/2022; ⎯ Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 10/25/2022; ⎯ Town Engineering Comments; From: Marissa Liggiero, Engineering; Subject: 5 Mason Street NOI Comments; Date: 11/14/2022; Subject: 5 Mason Street NOI Comments 2; Date: 11/16/2022; Mr. Rich Kirby, LEC Environmental, and Mr. Mike Novak, Patriot Engineering, presented to the Commission. Questions and Comments from the Commission: ⎯ The site is being improved significantly and the proposed planting plan looks very rich. Agree that this proposal offsets the mudroom being constructed within the 50-foot buffer zone. ⎯ Was the representative able to confirm if the existing site has downspout outlets or if there is a sump pump, as witnessed at the site visit? ⎯ With the hot tub being proposed at the top of the hill, is there a plan for discharge? Responses from the Representative: ⎯ Almost positive that there is no sump pump. We believe what the Commission saw during the site visit was perimeter/roof drains and those will be removed. ⎯ Ultimately any discharge from the hot tub would go under the pervious patio. Could Condition that the discharge not be extended beyond the footprint of the patio. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, 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 8:09 PM Notice of Intent: 65 Cary Avenue ViewPoint Cloud Permit# CNOI-22-28, DEP#201-1276 Applicant/Property Owner: Jiaping Zhang Project: construct an addition and covered porch within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Notice of Intent Application and attachments; Prepared by: LEC Environmental; Date: 11/1/2022; ⎯ Sheet 1 “Demolition and Erosion Control Plan” and Sheet 2 “Grading and Drainage Plan”; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE Civil No. 50696; Date: 10/25/2022 and revised 11/16/2022; ⎯ Stormwater Analysis and Calculations; Prepared by: Patriot Engineering; Stamped and signed by: Michael J. Novak, PE; Date: 10/25/2022; ⎯ Town Engineering Comments; From: Marissa Liggiero; Subject: 65 Cary Avenue NOI Comments; Date: 11/14/2022; ⎯ Wetland Mitigation Planting Plan; Prepared by: LEC Consultants; Date: 11/4/2022; Mr. Rich Kirby, LEC Environmental, and Mr. Mike Novak, Patriot Engineering, presented to the Commission. A revised plan was provided on the day of the meeting. Questions and Comments from the Commission: ⎯ Why isn’t the rest of the house being infiltrated? It appears that what will be infiltrated, besides the driveway, is the front part of the house with the addition. ⎯ The northernmost section of the retaining wall (closest to the back of the house) is roughly 4.5 feet high. Is the wall higher than the grassed area? Responses from the Representative: ⎯ Based on the site grading and groundwater, the infiltration system is limited in terms of its size. Also, the existing house is a cape style with a pitch down the middle, and it would be difficult to infiltrate the rear portion given the elevation around the house, and would also require bringing part of the system through the wetland area. The proposed site will still maintain or reduce the peak rate and volumes, but can’t infiltrate all surfaces. ⎯ The retaining wall will be tied into the existing grade where the addition will be constructed and is necessary to pitch the driveway. Capturing the impervious area was worth raising that area up a little bit. On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 8:27 PM Abbreviated Notice of Resource Area Delineation: 12 Cedar Street ViewPoint Cloud Permit# CORD-22-3 (local bylaw only) Applicant/Property Owner: Michael and Katy Finkenzeller Project: confirmation on location of Isolated Vegetated Wetland Documentation Submitted: ⎯ WPA Form A Abbreviated Notice of Resource Area Delineation application; Prepared by: Ronald Strohsahl, Oxbow Associates; Date signed by applicant: 10/17/2022; Date signed by representative: 10/28/2022; ⎯ Narrative to Accompany Abbreviated Notice of Resource Area Delineation Application”; Prepared by: Oxbow Associates, Inc.; Date: 11/1/2022; ⎯ Photographs of Site; Not dated; ⎯ BVW Delineation Field Data Form; Prepared by: Oxbow Associates; Date of delineation: 9/14/2022; ⎯ Topographic Plan of Land; Prepared by: Stamski & McNary, Inc.; Stamped and signed by: Jonathan D. Bollen, PLS No. 48448; Date: 97/2017 and revised (2) 10/13/2022; 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 December 5, 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 8:28 PM Continued Public Meetings/Hearings Notice of Intent: 94 Grove Street ViewPoint Cloud Permit# CNOI-22-23, DEP#201-1273 Applicant/Property Owner: Eugene Uzogara Project: addition to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date: 10/17/2022, 11/7/2022 Supplemental Documentation Submitted: ⎯ Revised Site Plan; Prepared by: Hancock Associates; Date revised: 11/14/2022; Mr. Russell Tedford, Hancock Associates, presented the planting plan for the 2,345 square feet of wetland buffer zone restoration. Ms. Samuels stated that tilling the restoration area could draw a lot of invasive seeds to the surface, and that compost and seeding would be a better plan. Mr. Tedford clarified that this area is currently lawn and that the sod will be stripped with new topsoil added. Ms. Samuels responded that, in this case, the standard lawn wouldn’t be tilled, and requested that this be a condition in the Order. On a motion by Ms. Samuels 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 8:35 PM Mr. Hnatko left the meeting at 8:36 PM New Business/Pending Matters, Continued Vote to ratify emergency certificate (EC-22-3) for 6 Saddle Club Road; abandon cesspool and install sewer line connection to municipal wastewater system Ms. Mullins informed the Commission that the septic system at the site failed and the emergency certificate was issued to allow the property owner to abandon the tank and connect the dwelling to the municipal wastewater system. The contractor will implement erosion control at the site. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to ratify the emergency certificate. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Left Meeting Phil Hamilton – Aye 8:38 PM Vote to renew annual goat grazing permit at Chiesa Farm for 2023 calendar year On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the 2023 permit for goat grazing at Chiesa Farm. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Left Meeting Phil Hamilton – Aye 8:39 PM Schedule site visits: 12/5/2022 meeting The site visits will take place on Saturday, December 3, 2022 at 9:30 AM Approve Minutes: 11/7/2022 meeting On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Minutes of the November 7, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Left Meeting Phil Hamilton – Aye 8:40 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee No reports. On a motion by Ms. Dohan and seconded by Ms. Ladd, 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 Jason Hnatko – Left Meeting Phil Hamilton – Aye 8:42 PM Respectfully Submitted, Meghan McNamara Department Assistant – Conservation Approved: 12/5/2022 Archived: 12/6/2022