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HomeMy WebLinkAbout2023-01-09-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, January 9, 2023, 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: Duke Bitsko (arrived at 6:35 PM), Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels (arrived at 6:42 PM); Not present: Kevin Beuttell Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation Department Assistant 6:30 PM New Business/Pending Matters 2 Bacon Street Crane Access agreement for the removal of a decaying pine tree with access needed on Conservation-owned land The property owners of 2 Bacon Street requested approval from the Conservation Commission to temporarily place a crane on Conservation-owned property (Parcel ID 31-58) to remove a decaying pine tree. Based on a letter from Mr. Kevin Narbonne of Peer Arboricultural Services provided by the property owners, the tall pine along Bacon Street is in significant decay and at risk of collapse. Ms. Dohan asked if the property owners would be willing to leave 12 to 15 feet of the trunk in place for wildlife habitat, or to leave a height that is safe. On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the temporary crane access as described. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:37 PM Discussion and comments for Planning Board re Wilson Farm re-zoning for multi-family housing per MBTA Communities Act Mr. David Fairman, property owner of 5 Tucker Avenue, asked if an opportunity can be created to offer the owners of Wilson Farm to have the built-out portion of the farm zoned for multi- family in exchange for agricultural and open space preservation restrictions. Mr. Fairman added that Wilson Farm is zoned residential and up until recently was under consideration for an overlay district to create multi-family zoning districts close to MBTA transit (MBTA Communities Act). The Planning Board removed Wilson Farm from the list of possible multi- family zoning sites prior to this meeting. Mr. Fairman asked if there is a history of conversation with the owner(s) of Wilson Farm, and if there is an opportunity to offer such a deal, how might that move forward? Mr. Fairman also asked, if the town wished to rezone the land currently occupied by Wilson Farm as agricultural land, could it do so? Ms. Mullins deferred to the Planning Board and Planning Director. Ms. Samuels joined the meeting. Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, responded that Mr. Fairman’s statements are intriguing, and that the next step would be to discuss the topic at a Land Acquisition Subcommittee meeting, as well as touching base with the Conservation Commission and the Planning Board. Ms. Mullins stated that currently Wilson Farm is not under Chapter 61A so they do not take tax credit, and so the town would not have right of first refusal if they chose to sell the property. Mr. Wyman confirmed that there is not an Agricultural Preservation Restriction on the site. Mr. Charles Hornig, property owner of 18 Bacon Street, stated that agriculture is an exempt use and it’s permitted in any zoning district at any time. He added that the site cannot be zoned for only-agricultural use any more than it can be zoned for another specific use. Insignificant Plan Change/Conservation Plan Modification: 501 Marrett Road (Old Reservoir) aquatic plant management, DEP#201-437, BL# 393 On behalf of the Department of Recreation and Community Programs, Ms. Mullins presented the plan change request to allow for treatment of Phragmites with Glyphosate applied directly to the plants by either a “bloody glove” treatment or an injection into the stem. Ms. Mullins added that the existing Order of Conditions allows for aquatic management at the site, and this treatment would be done in late Summer 2023, during the applicable time frame. Depending on the results, the applicant may request to perform the treatment the following year. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to approve the insignificant plan change. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:58 PM Discussion on potential collaboration of fee-based Recreational programs on Conservation land for Spring/Summer 2023 Ms. Mullins stated that there has been discussion about increasing community programming to involve environmental education and a collaboration between the Conservation Division and the Recreation and Community Programs Department. The Conservation Commission currently does not charge fees for the use of its land; however, it also does not allow fee-based programs. Members of the Commission agreed that a small contribution or a certain percentage of the fees collected by the Recreation Department for such programs should be shared with the Conservation Commission to help maintain the properties that would be in use, or however the Commission sees fit. Mr. Hamilton stated that he would like to see these programs limited to topics with a connection to the natural environment. Staff will discuss with the Recreation Department and return to the Commission with a proposal to vote on. 7:05 PM New Public Meetings/Hearings Request for Determination of Applicability: 52 Adams Street ViewPoint Cloud Permit# CDOA-22-31 Applicant/Property Owner: Jennifer Hartman, Trustee, The Jennifer M. Hartman Trust of 2012 Project: invasive plant removal/management and proposed native restoration plantings Documentation Submitted: ⎯ Land Management Plan; Prepared by: Parterre Ecological; Date: 12/7/2022; ⎯ WPA Form 1 Request for Determination of Applicability application; Prepared by the applicant: Miles Connors, Parterre Ecological; Date signed by the applicant: 12/8/2022; Miles Connors, Parterre Ecological, presented the request to the Commission. The applicant/property owner is proposing to remove invasive species and dying trees at the site, and plant 21 trees and numerous shrubs. Questions and Comments from the Commission: ⎯ The retaining wall (parallel to the southwest property line) is not on the property of 52 Adams Street and on the abutting Chiesa Farm property. Are there invasive species growing on that retaining wall that would be of concern to this project? ⎯ The planting plan looks rich and good for wildlife. The planting plan does contain cultivars but they are proposed outside of the restoration zone. ⎯ Had asked during the site visit that, of the certain caliper sized trees to be removed, the bottom portion to remain for wildlife habitat value. Responses from Representative: ⎯ Have been in communication with members of the Chiesa Farm Friends Group, a group that has previously been managing some of the invasive plant species at Chiesa Farm, specifically along this stone retaining wall. However, Parterre Ecological would only be managing the invasive plants on the property of 52 Adams Street. There will be collaboration between both groups to manage the invasive species. ⎯ The homeowner agrees with leaving the bottom portion of the removed trees in place to create a snag habitat. Will communicate this to the arborist. On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to issue the Negative Determination with conditions. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:24 PM Notice of Intent: 56 Grassland Street ViewPoint Cloud Permit# CNOI-22-31, DEP#201-1279 Applicant/Property Owner: Yanling Zhou Project: construction of two additions to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Stormwater Analysis; Prepared by: S&Y Design and Engineering LLC; Stamped and signed by: Kai Yin Yip, PE Civil No. 51267; Date: 12/4/2022 and revised (1) 12/20/2022; ⎯ Buffer Zone Mitigation Planting Plan; Prepared by: LEC; Date: 12/20/2022; ⎯ “Proposed Site Plan” and “Survey Plot Plan and Existing Condition”; Prepared by: S&Y Design and Engineering LLC; Stamped and signed by: Kai Yin Yip, PE; Date: 12/4/2022 and revised (2) 12/20/2022; ⎯ Notice of Intent application and attachments; Prepared by: Richard Kirby, LEC Environmental; Date: 12/20/2022; Mr. Richard Kirby, LEC Environmental, presented to the Commission. Also present at the meeting was Mr. Yai Yin Yip, project engineer. Questions and Comments from the Commission: ⎯ Is the infiltration system collecting runoff from the entire structure? ⎯ The front infiltration system (#1) appears close to the large tree. Would it be possible to turn the system 90 degrees and move it slightly southeast to create more distance from the tree? Responses from the Representative: ⎯ The intent of the design is to collect runoff from the entire structure ⎯ Will discuss the location of the front infiltration system with the project engineer. There are setback distances from the foundation and property line to consider, but will see what can be done to move farther away from the tree. Mr. Hamilton asked what the stormwater runoff management is for the proposed driveway and Mr. Kirby responded that there currently is no plan to manage driveway runoff. Mr. Hamilton responded that the buffer zone contiguous with the driveway is narrow and steep, and that he would feel more comfortable if the runoff was managed, adding that the buffer zone doesn’t provide much buffer because of its steep slope. Mr. Kirby stated that he will look into that with the project engineer. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the January 23, 2023 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:41 PM 8 Joseph Comee Road, Compliance follow up 2017 placement of fill material and tree removal within the 100-foot buffer zone to Bordering Vegetated Wetlands and Recorded Conservation Restriction Area ⎯ Notice of Violation Resolution; Prepared by: LEC Environmental; Date: 12/20/2022 ⎯ Photographs of Site; Date: 4/17/2020; ⎯ Violation Resolution Mitigation Plan; Prepared by: LEC Environmental; Date: 12/19/2022; See below for discussion on the compliance follow up and Notice of Intent application. Notice of Intent: 8 Joseph Comee Road ViewPoint Cloud Permit# CNOI-22-30, DEP#201-1280 Applicant/Property Owner: Celia and Ping Liu Project: expansion of a deck, installation of a pervious paver patio, relocation of a retaining wall, site grading and hazardous tree removal within 100-foot buffer zone to Bordering Vegetated Wetlands (BVW), and installation of mitigation plantings within the Bordering Vegetated Wetland and 100-foot buffer zone to BVW Documentation Submitted: ⎯ Notice of Intent application and attachments; Prepared by: Richard Kirby, LEC Environmental; Date: 12/20/2022; ⎯ Conservation Plan; Prepared by: Rober Survey; Stamped and signed by: Scott C. Lynch, PLS No. 51636; Date: 6/24/2022; Mr. Rich Kirby, LEC Environmental, presented to the Commission on behalf of the property owners. The property owners have also submitted a Notice of Violation Resolution along with the Notice of Intent application. To bring the site into compliance, the property owners propose to remove the fill material that was placed on site, remove a portion of the retaining wall located within the Conservation Restriction (CR) Area, and install 16 replacement trees and 40 ferns. Mr. Kirby stated that invasive Tartarian Honeysuckle will be removed from the CR area and FENO markers with caps will be placed, in addition to the pre-existing concrete bounds, to demarcate the CR area. Mr. Kirby, on behalf of the property owner, asked if the Commission would consider a special condition requiring that the retaining wall be located outside of the CR and that the planting effort be installed and implemented prior to any construction of the patio or deck expansion. He also stated that it would make sense for the trees to be removed prior to the planting effort, to avoid the risk of damage within the planting area during tree removal, and it would make sense to allow the relocation of the fill to backfill the land behind the retaining wall, and the rest to be removed and disposed off-site. Mr. Hamilton agreed with the restoration and construction timeline as Mr. Kirby presented it. Ms. Dohan asked if the property owner would be willing to leave 12 to 15 feet of the removed trees as a snag that’s good for wildlife habitat, especially since said trees are within the CR. Mr. Kirby asked if at least 50% of the trees could be left in such a way (4 out of 7 trees). Ms. Dohan responded that more is always better, but that it would be fine to keep just 4 tree snags. On a motion by Ms. Ladd and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:56 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the restoration compliance activities as presented. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:58 PM Continued Public Meetings/Hearings Notice of Intent: 114 Lowell Street ViewPoint Cloud Permit# CNOI-22-29, DEP#201-1278 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 Previous Meeting Date: 12/19/2022 Supplemental Documentation Submitted: ⎯ Site Plan; Prepared by: Quetti Design Group; Stamped and signed by: Kevin A. Quetti, PE; Date: 11/12/2022 and revised (1) 1/3/2023; ⎯ Stormwater Mitigation report; Prepared by: Quetti Design Group; Stamped and signed by: Kevin A. Quetti, PE; Date revised: 1/3/2023; ⎯ Test Pit report; Prepared by: Quetti Design Group; Stamped and signed by: Kevin A. Quetti, PE; Date: 1/3/2023; Mr. Kevin Quetti, project engineer, Ms. Debbie Anderson, wetlands consultant, and Ms. Katie Reynolds, applicant/property owner, were present. The site plan was updated to show the approximate location of the off-site perennial stream (Reed’s Brook) and the associated 200-foot Riverfront Area. Mr. Quetti stated that he performed a test pit and discovered that the groundwater at the site was higher than expected, so he updated the stormwater design to provide the two-feet of groundwater separation and also added another chamber to the system. Ms. Anderson reviewed the Riverfront Area analysis that was submitted just prior to the meeting. On a motion by Ms. Samuels and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:07 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 Previous Meeting Date: 12/19/2022 Supplemental Documentation Submitted: None Mr. Ron Strohsahl, Oxbow Associates, presented to the Commission. Mr. Strohsahl stated that a second site visit was held on January 7, 2023 with members of the Commission and the wetlands line was modified. Stamski & McNary will be revisiting the site to plot the revised wetlands line and provide the revised plan to the Commission. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the January 23, 2023 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:13 PM New Business/Pending Matters, Continued Vote to expend up to $8,000 from the Lexington Nature Trust Fund for the 2023 Pollinator Plant Kits Ms. Mullins stated that the cost to purchase the native plants and delivery has increased, and that staff anticipate less of a donation to the Nature Trust Fund than previous years. She added that staff have been in discussion with Ms. Samuels to determine if plants can be provided from the native plant nursery to help offset the costs. On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the expenditure of up to $8,000 from the Lexington Nature Trust Fund for the 2023 pollinator planting kits. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:15 PM Schedule site visits: 1/23/2023 meeting The site visits will take place on Saturday, January 21, 2023 at 9:30 AM Approve Minutes: 12/19/2022 meeting On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Minutes of the December 19, 2022 meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:23 PM Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, and Tree Committee Ms. Dohan stated that the Greenway Corridors Committee met in the previous week, and the group continues to work on future ACROSS Lexington routes. Ms. Mullins stated that she was asked to meet and discuss the next route the committee would like to make on Conservation- owned property. Referencing the Open Space and Recreation Plan draft report- Ms. Dohan stated that the text implies a flood management system has been installed behind the Harrington School, however this work hasn’t been done yet and only been permitted (page 129 of the draft OSRP). On a motion by Ms. Samuels and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 8:30 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant – Conservation Approved: 2/6/2023 Archived: 2/7/2023