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Home My WebLink About2023-02-21-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, February 21, 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, Alex Dohan, Philip Hamilton (Chairman), Jason Hnatko, Ruth Ladd and Holly Samuels (not present: Kevin Beuttell) Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation Department Assistant 6:30 PM New Business/Pending Matters Parker Meadow story walk discussion continued to the Monday, March 6, 2023 public meeting Chairman Hamilton announced that the discussion on the Parker Meadow story walk installation will be continued to the March 6, 2023 meeting. Charles Hornig request for support of Article 32: Dunback Meadow Sewer Easement Mr. Charles Hornig, owner of 18 Bacon Street, requested to speak with the Commission about the warrant article for a Dunback Meadow sewer easement and confirmed that it is on the warrant for the 2023 Annual Town Meeting beginning in March. Mr. Hornig requested that the Commission formally express their support for the draft motion. Chairman Hamilton stated that the Commission previously requested a plan showing that the proposed easement and sewer connection would cause no significant harm to the wetland interest and Conservation land, and Mr. Hornig did not provide this information. Members of the Commission agreed that a formal statement supporting the draft motion could be misinterpreted as the Commission’s approval of the easement itself, under Article 97 of the Massachusetts constitution, and that the Commission should have the requested information before taking any formal action on Mr. Hornig’s motion. Ms. Ladd stated that the draft motion indicates multiple easements are being requested, and Mr. Hornig responded that multiple easements were previously being considered; however, only one easement is being requested at Annual Town Meeting and this is a typo. He said he would note this during Town Meeting. 6:44 PM Issue Order of Conditions: Oxbow Road and Constitution Road Phase 2 Drainage Improvements, VPC# CNOI-23-1, DEP#201-1282 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 Conditions. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:45 PM 127 North Street compliance restoration approval (DEP#201-1137, BL# 1094) Mr. Rich Kirby, LEC Environmental Consultants, and Mr. Al Gala, Gala Simon Associates, presented to the Commission. A Floodplain and Buffer Zone Restoration Sketch (revised 2/21/23) was shared with the Commission. Ms. Samuels asked what the maintenance and overall plan of care would be for the three oaks proposed to be planted on town land. Mr. Kirby responded that these trees could be maintained as part of the restoration planting plan, and for a minimum of two growing seasons. Ms. Samuels also asked if the trees will be protected from deer and rabbit browsing. Mr. Kirby responded that he recently saw success at an Arlington DCR site where the stems of the trees were surrounded with a bendable plastic material that went from the ground up about 3 feet up, and that this could be implemented on the sapling trees. When asked if there would be any risk of animal browsing on the planted shrubs, Mr. Kirby responded that the property owner could plant additional shrubs to offset any that may not survive or install a chicken wire fence to keep rabbits out of the restoration area. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the restoration plan with conditions such as deer browse protection and survivability and monitoring on Conservation land. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:02 PM Ms. Mullins clarified that the Certificate of Occupancy can be signed off on by Conservation, and that, if the property is being transferred to a new owner, a signed statement for understanding compliance needs to be provided to the office, per the Order of Conditions. Ms. Mullins added that it is up to the Commission if they will issue a Partial Certificate of Compliance at the March 6, 2023 meeting, or if they would rather wait and issue a Complete Certificate of Compliance later. Vote on letter of support for the Open Space and Recreation Plan On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to issue a letter of support for the Open Space and Recreation Plan. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:11 PM Approve Minutes: 2/6/2023 The Minutes were not ready and will be voted on at the next meeting. Schedule site visits: 3/6/2023 The site visits will take place on Saturday, March 4, 2023 at 9:30 AM 7:13 PM Continued Public Meetings/Hearings Notice of Intent - 611 Massachusetts Avenue ViewPoint Cloud Permit# CNOI-23-2, DEP# 201-1281 Applicant/Property Owner: Jim Wilson, 611 Mass Ave, LLC Project: raze and rebuild a two-family dwelling and associated site appurtenances within the 200- foot Riverfront Area and 100-foot buffer zone to Bank associated with a perennial stream. Supplemental Documentation Submitted: ⎯ Revised Site Plan; Prepared by: Gala Simon Associates; Date revised: 2/13/2023 ⎯ Riverfront Area and Buffer Zone Mitigation Planting Plan; Date revised: 2/5/2023; ⎯ Degraded Riverfront Area Analysis and Regulatory Performance Standards; Date: 2/14/2023; Mr. Rich Kirby, LEC Environmental, Mr. Al Gala, PE, Gala Simon Associates and Mr. Colin Smith, Colin Smith Architecture, were present and revisions to the site plan were presented to the Commission. Mr. Gala stated that the width of the proposed driveway did not change and will remain at 15-feet wide to allow a minimum width for two cars to pass each other. The Commission did not have any additional comments or concerns on the revisions. 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: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:22 PM New Public Meetings/Hearings Hearing for Proposed Revisions to the Lexington Wetland Protection Filing fee schedule; Current Revision Date: 02-08-2023 Conservation staff presented revisions to the Wetland bylaw filing fees after consideration of staff time necessary to perform reviews of requests. Also, the microfilm and scanning fee was removed as a line listing because hard-copies of applications are no longer accepted and all filings are applied for online. Members of the Commission raised concern on the increase of the fee for a Hazardous Tree Removal permit, from $25 to $75, and the negative effect it might have on those willing to submit a permit application for such a request. Ms. Mullins responded that the $75 is technically less than submitting a Request for Determination of Applicability for tree removal, however staff will monitor and assess this fee increase and modify it if necessary. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the revisions to the Lexington Wetland Protection Filing fee schedule. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Holly Samuels – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:39 PM New Business/Pending Matters, Continued 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 Ms. Ladd asked the Commission for their consideration of extending the planting monitoring period from the typical two years to three years in an Order of Conditions. There was no discussion and Ms. Ladd only wanted the Commission to consider for a future discussion. Ms. McNamara provided an update on the Idylwilde Community Garden, stating that returning gardeners would be contacted the following week for registration. Ms. Samuels stated that she would like to have a group work on removing the non-native Burning bush near the parking lot area of the community garden. Ms. Mullins stated that residential neighbors would prefer a vegetative screening to the Community Gardens and that there should be a planting plan to replace the removed invasive shrubs. Ms. Samuels agreed to provide such a planting plan. On a motion by Ms. Samuels and seconded by Mr. Hnatko, 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 7:45 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant, Conservation Approved: 3/6/2023 Archived: 3/7/2023