The URL can be used to link to this page

Home My WebLink About2023-01-23-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, January 23, 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: Kevin Beuttell, Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, 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 Discussion on policy/license updates for goat grazing at Chiesa Farm Ms. Halé Sofia Schatz, property owner of 8 Goodwin Road, and Mr. Eric Beaudette and Ms. Laurene Beaudette, property owners of 10 Grove Street, were present at the meeting. Ms. Schatz informed the Commission that visitors of Chiesa Farm have been taking the posted signs down and/or vandalizing the signs, as well as getting too close to the goats and expressing aggressive behavior towards Ms. Schatz, Mr. Beaudette and Ms. Beaudette. Ms. Schatz stated that the goats are free from attachment to a human, and the leashes will only be grabbed when there is a dog problem. She added that the herd stays together with the humans, and they roam as a group though not tethered to people or each other. The Commission recommended the following changes to the wording of the Land Use permit: ⎯ When off designated paths, please keep all dogs at least 20 feet away from the herd. ⎯ All goats have bells and leashes and are free ranging as a herd. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to add this proposed language to the Land Use permit. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:53 PM Request for Certificate of Compliance: 32 Fairbanks Road, VPC# COC-22-31, DEP# 201-1215, CNOI-21-9 (Partial) Ms. Mullins stated that additional information is needed from the applicant before making a recommendation to the Commission for issuance of a certificate. Request for Certificate of Compliance: 17 Coolidge Ave, VPC# COC-23-3, DEP# 201-1228, CNOI-21-24 (Full) On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 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 – Aye 6:54 PM Vote to issue the Order of Conditions: 8 Joseph Comee Road, VPC# CNOI-22-30, DEP#201- 1280 The Commission will require that the compliance activities must be completed before the construction of the deck and patio under this Order of Conditions. On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 6:55 PM Vote to issue the Order of Conditions: 114 Lowell Street, VPC# CNOI-22-29, DEP#201-1278 On a motion by Ms. Samuels and seconded by Ms. Dohan, 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 6:56 PM OSRP Update and Discussion: Comment period open until 1/30/2023 Ms. Mullins stated that the draft Open Space and Recreation Plan is complete and there is an open comment period until January 30, 2023. Members of the Commission agreed that the consultant Activitas should briefly present at an upcoming Conservation Commission meeting and the Commission will vote on a letter of support before the plan is submitted to the State. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 21 Hamblen Street ViewPoint Cloud Permit# CDOA-22-32 (local bylaw only) Applicant/Property Owner: George F. McCormack, Jr Revocable Trust & Loretta McCormack, Revocable Trust Project: request to outlet the overflow of a proposed infiltration system which captures sump pump discharge to the town drainage system within Hamblen Street Documentation Submitted: ⎯ WPA Form 1 Request for Determination of Applicability application; Prepared by: Michael Novak, PE; Date signed 12/20/2022; ⎯ Proposed Site Plan; Stamped and signed by: Michael Novak, PE; Date: 12/19/2022; ⎯ Stormwater Analysis and Calculations; Stamped and signed by: Michael Novak, PE; Date: 12/19/2022; Mr. Michael Novak, project engineer, presented to the Commission. The property owner recently received a Negative Determination with conditions (CDOA-22-5) for the construction of an addition outside the 100-foot buffer zone to BVW, and a roof overhang and exterior stairs replacement within the 100-foot buffer zone to BVW. Mr. Novak is proposing a subsurface detention system in the front yard, which will hold water pumped from the sump pump and overflow into the town drainage system. A backflow preventer will also be installed, and when engaged it will overflow to the rear-property line. Questions and Comments from the Commission: ⎯ Where is the location of the level spreader relative to where the site was discharging previously? It appeared a neighbor was downstream of the discharge, so want to make sure this situation isn’t going to be made worse. ⎯ The Engineering Report mentions that test pits and soil data were not shown, not clear if the engineering department feels that information is not necessary, or if they’re comfortable with it as is. Responses from the Representative: ⎯ The level spreader is close to where the site is discharging currently, just at the end of the existing house. The level spreader is located just past the new basement area, right on the edge of the porch. The property owner noticed pooling of water, behind the area of the proposed addition, but did not notice discharge carrying over to the neighboring property. ⎯ Can perform a confirmatory test pit. Would like the Commission to take into consideration that this proposed system does not take credit for infiltration and the system is based on just storage alone. The Commission will require that a confirmatory test pit be performed and staff be on site to witness. On a motion by Ms. Ladd and seconded by Mr. Beuttell, 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 7:18 PM Notice of Intent: 4 Alcott Road ViewPoint Cloud Permit# CNOI-22-32 (local bylaw only) Applicant/Property Owner: Danielle Patkin and David Strimaitis Project: widen the existing driveway and modify the existing subsurface infiltration system to capture additional stormwater runoff within the 100-foot buffer zone to Bordering Land Subject to Flooding (BLSF) and per continuing condition regarding no increase in impervious surface on the lot (DEP#201-838, BL# 796) Documentation Submitted: ⎯ Notice of Intent application and attachments; Prepared by: Meridian Associates, Inc.; Date: 12/20/2022; ⎯ Stormwater Analysis and Calculations; Prepared by: Meridian Associates, Inc.; Date: 12/20/2022; ⎯ Permit Site Plan and Permit Details; Prepared by: Meridian Associates, Inc.; Date: 12/20/2022; Mr. Chris Broyles, project engineer with Meridian Associates, presented to the Commission. Questions and Comments from the Commission: ⎯ The shed behind the driveway was not approved as part of the previous Order of Conditions. ⎯ The size of the rear infiltration system should be increased to meet the current standards. Responses from the Representative: ⎯ The shed was not approved as part of the previous Order of Conditions however the drip edge surrounding the shed does capture and infiltrate the stormwater runoff. ⎯ The driveway expansion does not impact the rear infiltration system and it does not seem fair to require increasing the size of the rear infiltration system. ⎯ The updated design details will ensure that runoff from the shed will be captured. The shed calculations have been reviewed by the Engineering Department and confirmed that the performance standards are met. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:35 PM Continued Public Meetings/Hearings 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 Previous Meeting Date: 1/9/2023 Supplemental Documentation Submitted: ⎯ Revised Site Plan; SH.1 and SH.2; Prepared by: S&Y Design and Engineering, LLC; Stamped and signed by: Kai Yin Yip, PE Civil; Date revised (2): 1/15/2023; ⎯ Revised Stormwater Analysis; Prepared by: S&Y Design and Engineering, LLC; Stamped and signed by: Kai Yin Yip, PE Civil; Date revised (2): 1/14/2023; Mr. Rich Kirby, LEC Environmental, informed the Commission that the stormwater report was revised since the last meeting and favorable comments were received from Lexington Engineering Department. Mr. Kirby confirmed that a 6-inch berm is shown on the site plan along the edge of the driveway. On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:41 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, 1/9/2023 Supplemental Documentation Submitted: ⎯ Topographic Plan of Land; Prepared by: Stamski & McNary, Inc.; Stamped and signed by: Jonathan D. Bollen, PLS; Date revised (2): 10/13/2022; Mr. Ron Strohsahl, Oxbow Associates, presented the updated site plan with revised wetland flags and associated buffer zones. The Commission did not have any questions or comments. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:43 PM On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Order of Resource Area Delineation as modified. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:44 PM New Business/Pending Matters, Continued Discussion of Statement of Concern for Lexington’s Trees Statement and Vote to Sign if deemed appropriate A group of Lexington residents have circulated a statement of concern, with the goal of educating and building momentum for the town of Lexington to do more to protect and enlarge its tree canopy. On a motion by Mr. Beuttell and seconded by Ms. Samuels, the Commission voted 6-0 by roll call vote to endorse the Statement of Concern for Lexington’s Trees. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:49 PM Schedule site visits: 2/6/2023 meeting The site visits will take place on Saturday, February 4, 2023 at 9:30 AM Approve Minutes: 1/9/2023 meeting The Minutes were not ready and this will be added to the next meeting for approval. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan Mr. Hamilton reminded Commission members that the remote-meeting extension will end on March 31, 2023 and after that date, public meetings of the Conservation Commission will return to in-person or possibly hybrid. Ms. Mullins stated that January 30, 2023 is the joint meeting of the Conservation Commission and Stewards. The first 30 minutes of the meeting will be a discussion on the story walk installation at Parker Meadow. On a motion by Ms. Dohan and seconded by Mr. Hnatko, 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 8:00 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved: 2/6/2023 Archived: 2/7/2023