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Home My WebLink About2022-12-19-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, December 19, 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 (arrived at 7:00 pm), Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation Department Assistant 6:30 PM New Business/Pending Matters Presentation by Eagle Scout candidate Ian Lewis on completed boardwalk installation at Meagherville Conservation Area Mr. Ian Lewis, Eagle Scout Candidate, made a presentation to the Commission on his construction of a boardwalk at Meagherville Conservation Area for his Eagle Scout project. This was the third installment of a boardwalk at Meagherville Conservation Area that connects to boardwalks previously constructed by scouts from Troop 119. The Commission did not have any questions for Mr. Lewis and thanked him for his contribution to the Conservation area. Approve submittal of grant application for Dunback Meadow DCR Forester for the Birds Conservation staff are requesting permission from the Conservation Commission to submit a grant application for forest management at Dunback Meadow. Staff received an email about the red pine decline at Dunback Meadow, perhaps from an infestation, and residents were concerned. Staff engaged the Forest Stewardship Coordinator for the state, who after conducting a site visit, recommended the stewardship grant. Dunback Meadow is a popular site for bird watching. The Commission supports the request. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the submittal of the grant application. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:41 PM Request for Certificate of Compliance: 1-108 Drummer Boy Way, VPC#COC-22-31, DEP#201- 1234, CNOI-21-33 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Recused 6:45 PM Schedule site visits: 1/9/2023 meeting The site visits will take place on Saturday, January 7, 2023 at 9:30 AM Approve Minutes: 12/5/2022 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 December 5, 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 6:47 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Mr. Beuttell informed the Commission that during the previous week's meeting of the Community Preservation Committee, both projects presented passed unanimously. Members of the Commission discussed the recent requirement of the MBTA Communities law; the Planning Board is to create an overlay district allowing multi-unit housing within a certain radius of MBTA transit, with a percentage of such housing being affordable and subsidized. This topic will be added to the next agenda of the Conservation Commission for discussion on January 9, 2023, which is after the Planning Board meets (on December 21, 2022) and provides additional information. 7:00 PM New Public Meetings/Hearings Mr. Bitsko joined the meeting. Request for Determination of Applicability: 136 Laconia Street ViewPoint Cloud Permit# CDOA-22-30 Applicant: Shermin Jaleel Property Owner: Fayza Jaleel Project: demolition of an in-ground pool within the 100-foot buffer zone to a Bordering Vegetated Wetland Documentation Submitted: ⎯ Project Narrative ⎯ Erosion Control plan Mr. Mohammed Jaleel, property owner, presented to the Commission. The project narrative states the proposal is to remove the entire pool and patio area, but that is not what was said during the site visit, according to members of the Commission, and an accurate description of the project is required prior to approval of the application. Mr. Roger Houghton, contractor, stated that the original plan was to remove the decking around the pool but the property owner has since decided to keep the concrete in place around the pool area. He added that the demolished pool area will be filled with clean loam and regraded as lawn area. Mr. Houghton also stated that in the Spring, all the pea stone will be taken off and the concrete area will be resurfaced. Ms. Mullins responded that, if that is the case, an updated written description will need to be provided that accurately conveys what the plan is. After discussion, the applicant agreed to return to the Commission in the Spring to receive approval for the removal/alteration of the pool decking, and only the pool will be removed at this time. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue a Negative Determination for the pool removal only 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 7:23 PM Amendment to the Order of Conditions: 17 Coolidge Avenue ViewPoint Cloud Permit# AOOC-22-10, DEP# 201-1228, CNOI-21-24 Applicant: Metrowest Builders LLC Property Owner: 17 Coolidge Avenue LLC Project: proposing to install a paver patio with fire pit totaling 170 square feet of new impervious surface within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Letter describing requested amendments; From: Frederick Russell, PE; Date: 11/21/2022; ⎯ Stormwater Analysis; Prepared, stamped and signed by: Frederick Russell, PE; Date: 6/1/2021 and revised 11/21/2022; ⎯ Site Plan; Prepared, stamped and signed by: Frederick Russell, PE; Date: 6/1/2021 and revised through 11/21/2022; Mr. Fred Russell, project engineer, presented to the Commission. A favorable report was provided by the Engineering Department. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the amendment to 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 7:26 PM Notice of Intent: 114 Lowell Street ViewPoint Cloud Permit# CNOI-22-29, DEP#201-#### Applicant/Property Owner: Matthew Andrade Project: 187 square foot addition to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Cover Letter and attachments; Prepared by: Debora J. Anderson, Wetland Scientist; Date: 11/29/2022; ⎯ Sheet C-1 “Site Plan”; Prepared by: Quetti Design Group; Stamped and signed by: Kevin A. Quetti, PE; Date: 11/29/2022; ⎯ Proposed Plot Plan; Prepared by: LeBlanc Survey Associates, Inc.; Stamped and signed by: Vernon J. LeBlanc, PLS; Date: 11/22/2022; ⎯ Photographs of Site; Not dated; ⎯ Stormwater Mitigation Report; Prepared by: Quetti Design Group; Stamped and signed by: Kevin A. Quetti, PE Civil No. 55455; Date: 11/29/2022; ⎯ WPA Form 3 Notice of Intent application; Prepared by: Debbie Anderson; Prepared for applicant/property owner: Matthew Andrade; Signed 11/28/2022 and 11/29/2022; Ms. Debbie Anderson, wetlands consultant, and Mr. Kevin Quetti, project engineer, presented to the Commission. Ms. Anderson stated that Munroe Brook is well over 200 feet away from the project area. Prior to the meeting, Ms. Mullins informed the applicant that the stream to the east of the site daylights from the pipe at Lowell Street and was determined to be perennial. Questions and Comments from the Commission: ⎯ Request that the 200-foot Riverfront Area be shown on the plans. ⎯ The town engineering report indicates that the performance standards are not met. ⎯ Why are you not proposing to infiltrate the entire roof area, and only infiltrating the left side of the existing house and the proposed addition? ⎯ A small portion of the proposed addition is within the 50-foot buffer zone and the Commission asks for mitigation beyond the ordinary if building within this buffer zone. Infiltrating the entire existing dwelling could be counted as mitigation that is above and beyond. Responses from the Representatives: ⎯ Infiltrating the entire roof area would be costlier, but will discuss the option with the applicant/property owner. Could connect the downspout from the back roof and connect to the proposed infiltration system. Ms. Katie Reynolds, property owner, asked for clarification on the town engineering comments that state the soil type must be confirmed prior to installation of the infiltration system, and why the Commission requires this information prior to approval of the project. Mr. Hamilton responded that the test pit data is typically performed prior to submission of the Notice of Intent application. Ms. Mullins stated that the Commission requests this information upfront to make an informed decision and ensure the two feet of separation to groundwater is met. Ms. Mullins also stated that if the contractor finds that the drainage system doesn’t comply with the standards and the foundation is already installed, it would be costly and difficult to change the design. Ms. Reynolds asked how the 200-foot Riverfront Area will change the analysis of the project as presented, since the stream bank is currently not shown on the plan and staff confirmed the project is within the Riverfront Area. Ms. Mullins responded that the Riverfront Area has associated standards to be met and all resource areas are to be shown on the plan. Ms. Reynolds also requested clarification on the mitigation of the existing roof runoff, and what the requirements are to go “above and beyond”. Mr. Hamilton responded that the Commission doesn’t require infiltrating the entire existing house and proposed addition in this scenario, but because a portion of the proposed addition falls within the 50-foot “no build” buffer zone, the Commission would look favorably at mitigating the entire dwelling to waive the requirement, however the Commission cannot require this. Mr. Hamilton recapped that the Commission is requesting the following information prior to voting to close the hearing: test pit data, Riverfront Area to be shown on the plans and the Riverfront Area analysis by the wetland’s scientist, and confirmation of whether or not the entire existing dwelling and the proposed addition can be infiltrated. On a motion by Mr. Hnatko and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to continue the hearing to the January 9, 2023 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 7:56 PM Continued Public Meetings/Hearings 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; Mr. Scott Smyers and Mr. Ron Strohsahl, Oxbow Associates, presented to the Commission. Mr. Smyers stated that Oxbow Associates previously delineated the wetland system at the abutting property of 16 Cedar Street in 2018. At the site of 12 Cedar Street, Oxbow found evidence of fill during test pits and soil collection. The property owners had previously told Oxbow Associates that this area had been used as a dump historically. Mr. Smyers added that the vegetative community of the site has been altered by the property owners planting almost 100% wetland plants, and that the manipulated fill soils do not show indications of hydrology right at the surface or in the root zone. Supplemental documentation was provided the day of the meeting and the Commission and staff did not have the opportunity to review prior to the meeting. The Commission will perform another site visit. On a motion by Ms. Samuels and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the January 9, 2023 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 8:07 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, 12/5/2022 Supplemental Documentation Submitted: ⎯ Response to Conservation Commission Comments; From: Nicholas Skoly, VHB; Date: 12/9/2022; ⎯ Stormwater Summary and HydroCAD Reports; Prepared by: VHB; Date: 12/9/2022; ⎯ Revised Planset; Prepared by: VHB; Date: 9/26/2022 and revised 11/28/2022; ⎯ Tree Removal Plan; Prepared by: VHB; Date: 10/7/2022; ⎯ Lighting Plans; Prepared by: VHB; Date: 10/7/2022; ⎯ Stamped survey and Wetland Border report; Prepared by: Goddard Consulting LLC; Date: 12/5/2021; ⎯ Invasive Plant Species Control Plan; Prepared by: Copley Wolff; Date: 11/16/2022; ⎯ Decision of the Planning Board; Date: 12/7/2022; Mr. Nick Skoly, VHB, presented to the Commission the revised plan showing the requested flood elevation and the invasive species plan. Mr. Skoly reviewed which trees would be removed and which will remain behind the proposed garage and by the proposed path at the request of Mr. Beuttell. Ms. Samuels stated that she thought there were more trees proposed to be removed along the rear edge of the garage within the buffer zone, however Mr. Skoly confirmed which trees will be removed and Ms. Samuels was satisfied. Ms. Samuels also stated that the Japanese knotweed should be managed with a foliar sponge application rather than the proposed spray- method. Mr. Skoly responded that he will discuss this change of application method with the hired consultant. On a motion by Mr. Beuttell 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 8:17 PM On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 8:18 PM 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 8:19 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant – Conservation Approved: 1/9/2023 Archived: 1/10/2023