HomeMy WebLinkAbout2022-12-05-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday, December 5, 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, Alex Dohan, Philip Hamilton (Chairman), Jason
Hnatko (arrived at 6:39 PM), Ruth Ladd and Holly Samuels (not present: Duke Bitsko)
Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation
Department Assistant
6:30 PM New Business/Pending Matters
Presentation by Eagle Scout candidate Andre Frohman on completed sign installation
Mr. Andre Frohman presented his eagle scout project to the Commission. Mr. Frohman installed
a sign at Parker Meadow Conservation area, at the parking lot off of Revere Street, and two signs
on the Burns Parcel, off of Ridge Road and Laconia Street. Parker Meadow was reopened in the
fall to include Universally Accessible trails, as indicated on the installed signage. Trash was
frequently being dumped on the Burns parcel and the two signs indicate that it is town-owned
Conservation property. The Commission did not have any questions for Mr. Frohman and
thanked him for his contributions to the town.
Proposed warrant article for sewer easement at Dunback Meadow
Mr. Charles Hornig, owner of 18 Bacon Street, and Ms. Sarah Klimoff, daughter of Mr. Hornig,
presented to the Commission. Mr. Hornig requests the Conservation Commission’s support of a
warrant article for an easement required to connect the property to the town sewer system. The
proposed easement area and existing sewer easement contain wetland resource areas and buffer
zones.
Mr. Beuttell asked if it would be possible to relocate the easement so that it’s in a buffer zone
rather than the resource area. Mr. Hornig responded that the sewer was installed in 1977 and the
proposed easement is the area of least wetland impact. Mr. Hamilton stated that, without having
the wetlands delineated in the area, the Commission cannot determine if this proposed easement
is the best location, as far as the Commission’s responsibility is concerned. Mr. Hornig
responded that he expects the wetlands will be delineated at the site before Town Meeting and
that the exact location of the sewer line connection would be worked out between the applicant,
the Conservation Commission and the Department of Public Works.
Members of the Commission agreed that they could support the proposed warrant article in
principle but would want confirmation that the easement would be in a location that minimizes
the impact on the resource areas. The Commission requests that the wetlands line be delineated
on the town property and requests confirmation from an engineer on the location of the sewer
wye.
6:58 PM
Request to extend the Order of Conditions for 1 year (12/9/2022 to 12/9/2023); 3 Diamond Road,
VPC# EXTO-22-6, DEP#201-1149, BL# 1105
Mr. Scott Smyers, Oxbow Associates, stated that the construction phase is complete and the
applicant is waiting on the as-built plan and letter from the project engineer to submit for a
Certificate of Compliance request. Ms. Ellan Siegel, applicant and property owner, was present
and thanked the Commission.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to approve the 1-year extension to the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Did not vote, lost internet connection
Jason Hnatko – Aye
Phil Hamilton – Aye
6:59 PM
Vote to Issue Order of Conditions: 0 Moon Hill Road, VPC# CNOI-22-26, DEP#201-1277
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:01 PM
Vote to Issue Order of Conditions: 5 Mason Street, VPC# CNOI-22-27, DEP#201-1275
On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:02 PM
Vote to Issue Order of Conditions: 65 Cary Avenue, VPC# CNOI-22-28, DEP#201-1276
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Did not vote, lost internet connection
Jason Hnatko – Aye
Phil Hamilton – Aye
7:02 PM
Vote to Issue Order of Conditions: 94 Grove Street, VPC# CNOI-22-23, DEP#201-1273
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Did not vote, lost internet connection
Jason Hnatko – Aye
Phil Hamilton – Aye
7:03 PM
New Public Meetings/Hearings
Request for Determination of Applicability: 33-35 Bedford Street
ViewPoint Cloud Permit# CDOA-22-29
Applicant/Property Owner: Liberties Condominium Trust
Project: pulverizing and repaving the existing parking area located within the 100-foot buffer
zone to Bordering Vegetated Wetlands
Documentation Submitted:
⎯ Aerial Map; Locus: 33-35 Bedford Street, Lexington, MA
⎯ WPA Form 1 Request for Determination of Applicability application; Prepared by:
Domenic Sicari, Domenic Sicari Associates, Ltd; Prepared for: Liberties Condominium
Trust; Date signed by applicant and representative: 11/9/2022;
Mr. Domenic Sicari, Domenic Sicari Associates, Ltd., and Mr. Eric Pisani, US Pavement,
presented on behalf of the applicant. Mr. Pisani shared an aerial image outlining the location of
the limit of work, erosion control and silt sacks. He informed the Commission that a vacuum
truck would clean out the 4 catch basins after the repaving work is completed. It was asked
where the wetlands and associated buffer zones were located on the site, and Ms. Mullins
responded that there are wetlands on the north side of the bike path, to the east behind the
residential lots, and to the west on the other side of Sherwin Williams (8 Camellia Place). She
added that the 100-foot buffer to wetlands extends along the northerly side of the site in a small
section and also on the westerly side.
Questions and Comments from the Commission:
⎯ Will the existing green spaces at the site remain?
⎯ During the site visit, it was mentioned that there would be slight regrading in the
northwest corner to make sure the runoff is staying on the parking lot surface and flowing
to onsite catch basins.
Responses from the Representative:
⎯ Will not be taking any green spaces away and only repaving over existing surfaces.
⎯ New paved areas will be graded to direct stormwater runoff flows to onsite catch basins
where runoff will be treated via deep sumps.
On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:15 PM
Continued Public Meetings/Hearings
Proposed Amendments to the Ch. 145 Land Use Regulations at Parker Meadow
Conservation Area (Continued from 11/21/2022 meeting)
The Commission was provided a draft of the proposed regulations prior to and during the
meeting. A minor spelling error was corrected. Members of the Commission agreed that the
proposed amendments are reasonable for the Parker Meadow site. Mr. Beuttell raised a concern
on the unintended negative association that could be made between Universally Accessible trails
and dog walking on conservation-owned properties. Mr. Hamilton responded that the proposed
changes to the regulations reflect the layout of Parker Meadow, and that this (Parker Meadow)
will be a “pilot” of the regulations. They will not necessarily be applied to all UA trails.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve the amendments to the Ch. 145 Land Use Regulations at Parker Meadow.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:23 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;
The applicant submitted a continuance request on the day of the meeting.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the December 19, 2022 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:24 PM
Notice of Intent: 12-18 Hartwell Avenue
ViewPoint Cloud Permit# CNOI-22-24, DEP#201-1274
Applicant/Property Owner: Greatland Realty Partners
Project: demolition and construction of a life-science building and construction of a parking
garage, with associated landscaping, utility improvements and stormwater treatment system
within the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone to
Isolated Vegetated Wetland (local code)
Previous Meeting Date: 10/17/2022
Supplemental Documentation Submitted: None
Ms. Elena Vershinina, project engineer with VHB, and Ms. Teri Ford, Greatland Realty Partners,
were present for the hearing. Ms. Vershinina presented the supplemental documentation
submitted to the Commission, including a stormwater memo indicating revisions to the plan, a
tree replacement plan and a snow removal plan.
Questions and Comments from the Commission:
⎯ Will the snow storage areas have the deicing material in it? Will it be stacked around the
trees? What is the impact the deicing material will have on the vegetation? Is the deicing
material acceptable to the Commission?
⎯ Magnesium acetate, the proposed deicing material, is known to be “as corrosive as tap
water”.
⎯ The proposed boardwalk extends into a 10-foot wide drain easement.
⎯ It appears that the boardwalk will be placed in the middle of the planting plan. Will the
boardwalk be lit at night? The boardwalk is not a critical piece and the walking path
seems adequate.
⎯ There are trees on the site plan that are labeled as removed or remaining, and some that
are not labeled at all. Where will the path go if all these trees are to remain? Want to see
the path and the trees on one plan to see what is going on back there.
⎯ Referring to the systems example on Sheet C5.02 of the planset, the Commission does
not want filter fabric installed on the bottom of the systems.
⎯ Shallow excavation might be required to install the walking path. Want to make sure its
installation doesn’t have negative impacts to the nearby tree roots.
⎯ Want to see details for the proposed invasive species removal and management.
⎯ Please confirm with Ms. Mullins where the flood elevation on the site is and need a
professional verification of that information.
Responses from the Representative:
⎯ The deicing material is going to be organic and shouldn’t have any impact on the trees.
The chemical compound used will be magnesium acetate.
⎯ The boardwalk was a request of the Commission during the previous meeting. It is
proposed within a private easement with the neighboring property and they could
possibly work the logistics out legally. An elevated boardwalk could be fine, or they
could shift or shorten the boardwalk outside the easement.
⎯ If the boardwalk is more cumbersome than beneficial to the wetlands it can be removed
from the proposal. Based on comments from the Commission, the boardwalk will be
removed and signage will still be provided along the pathway.
⎯ Sheet C5.02 is showing a typical detail and we will provide a more specific detail for this
site before construction
Mr. Wei Liu, lighting engineer with Burohappold Engineering, stated that light illumination
behind the garage is only shown on the walking path and boardwalk. He added that the paths
would be subtly lit overnight, as required for safety and liability, and any lights on the rear of the
building will be surface mounted.
The Town Engineering Department has not provided a formal review of the submitted revised
plans.
On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll
call vote to continue the hearing to the December 19, 2022 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:57 PM
New Business/Pending Matters, Continued
Schedule site visits: 12/19/2022 meeting
The site visits will take place on Saturday, December 17, 2022 at 9:30 AM
Approve Minutes: 11/21/2022 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 21, 2022 meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:00 PM
Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway
Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree
Committee
Mr. Beuttell provided an update on the Community Preservation Committee meeting that was
held the week prior. He stated that there was a lot of support for the Willard’s Woods project and
one caveat was that the Committee would support the project if the Conservation Commission
would designate all of the Universally Accessible trails as such. Mr. Beuttell added that there
was also a discussion on the wet meadow boardwalk and its approximate cost of $200,000. He
does not think it will impact the support of the project, but the Commission will have to revise
the financial request regardless of whether the request for boardwalk is included. A public
meeting for discussing the Willard’s Woods project and involvement of the public will be held
on Wednesday, December 14, 2022 at 7:00 PM.
Ms. Ladd mentioned that she received negative feedback from multiple people about the Parker
Meadow storyboard installation.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Holly Samuels – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:21 PM
Respectfully Submitted,
Meghan McNamara
Department Assistant – Conservation
Approved: 12/19/2022
Archived: 12/20/2022