HomeMy WebLinkAbout2023-04-03-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday, April 3, 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, Duke Bitsko, Alex Dohan, Philip Hamilton
(Chairman), Jason Hnatko and Ruth Ladd
Staff Present: Karen Mullins, Conservation Director, and Meghan McNamara, Conservation
Department Assistant
New Business/Pending Matters
Discussion about Robert Pressman on appeal of community garden registration
Ms. Mullins informed the Commission that, during the returning gardener registration, Mr.
Pressman did not respond to staff and garden coordinators prior to the deadline and therefore his
plot was opened up and assigned to a returning gardener requesting an upgrade, as per the
Community Garden Policies. Mr. Pressman chose not to attend the public meeting. Staff
previously discussed with Mr. Pressman the possibility of not receiving a full plot and instead
receiving a half plot for the 2023 season, and that it would be up to the Commission to vote on
the outcome of the situation.
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 3-2 by roll call
vote to allow Mr. Pressman a half size plot at the Idylwilde Community Garden for the 2023
season.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Nay
Alex Dohan – Abstain
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Nay
6:47 PM
Conservation Plan Modification/Insignificant Plan Change: 5 Mason Street, VPC# CPM-23-6,
CNOI-22-27, DEP# 201-1275
The project applicant and property owner, Mr. Juan Vergara, is requesting to add 45 square feet
of permeable bluestone pavers partially within the 50-foot buffer zone of the rear wetland and
reduce 200 square feet of permeable bluestone paving partially within the 50-foot buffer zone of
the front wetland area.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to approve the Conservation Plan Modification/Insignificant Plan Change.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
6:49 PM
Conservation Plan Modification/Insignificant Plan Change: 607 Waltham St, VPC# CPM-23-7,
CNOI-20-31, DEP#201-1202
The applicant/property owner requests to add granite slabs to the rear of the house due to the
grading not being at a height that meets building code at the points of egress. There are no grade
changes proposed in this plan change request and the Commission assumes the stormwater
system was oversized and can handle the small increase of impervious surface area.
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to approve the Conservation Plan Modification/Insignificant Plan Change.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
6:53 PM
Vote to Issue Order of Conditions: 33 Hayes Lane, VPC# CNOI-23-7, DEP#201-1286
On a motion by Mr. Hnatko 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
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
6:54
Vote to Issue Order of Conditions: 35 Hayes Lane, VPC# CNOI-23-8, DEP# 201-1
285
Conservation staff will discuss the location of the FENO bounds during the pre-construction
meeting with the project team. Mr. Rich Kirby, LEC Environmental, stated that the property
owner raised concern on the height and location of the bounds because children sled in the
backyard area. The Feno bounds will also demarcate a meadow area proposed to be mowed only
once per year.
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
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:02 PM
New Public Meetings/Hearings
Request for Determination of Applicability: 14 John Poulter Road
ViewPoint Cloud Permit# CDOA-23-4
Applicant/Property Owner: Elizabeth Walker
Project: removal of two trees within the 200-foot Riverfront Area
Documentation Submitted:
⎯ Tree Evaluation; Marquis Tree Service; Date: 2/23/2023;
⎯ Project Description; Not dated;
⎯ GIS Map; Date: 2/8/2023;
⎯ WPA Form 1 Request for Determination of Applicability application; Prepared by:
Elizabeth Walker, Property Owner; Date signed: 3/9/2023;
Ms. Elizabeth Walker, owner of 14 John Poulter, is requesting the removal of two extremely
large silver maples on the property. A letter was provided by the tree removal company with the
recommendation that the trees be removed, rather than pruned.
Ms. Ladd stated that she would like the mitigation for any large tree removal to be similar to
what is required under the Town of Lexington Tree Bylaw, even though these silver maples may
not fall within the setback. Mr. Bitsko stated that these are two very large trees that provide
benefits as wildlife habitat, are valuable to the wetland and stream buffer zones, and are drought
resistant.
Ms. Dohan asked the property owner if there are branches falling off of the trees. Ms. Dohan
stated that the removal of these trees will greatly reduce sound mitigation and shade for the
homeowners. Ms. Walker responded that a large branch fell during a storm and she has concern
for her young children and dog using the backyard.
The Commission requests a proposal for mitigation plantings on the property. Ms. Walker is
willing to plant trees on her property that are approved by the Commission and farther away
from the house than the existing trees. Staff will meet with Ms. Walker to discuss replacement
plantings.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the April 18, 2023 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:16 PM
Notice of Intent: Pleasant Street Roadway Improvements
ViewPoint Cloud Permit CNOI-23-10, DEP# 201-1289
Applicant: Town of Lexington Engineering Division
Property Owner: Town of Lexington
Project: roadway improvements along Pleasant Street, including pavement milling and overlay,
sidewalk reconstruction, and construction of a roundabout at the Pleasant St/Watertown St
intersection
Documentation Submitted:
⎯ Notice of Intent application and attachments; Prepared by: Dan Cannata, VHB; Date:
March 2023;
⎯ Lexington Pleasant Street Construction Plans: Sheet 5, 6, 7, 8, and 9 of 14; Not dated;
⎯ Stormwater Memorandum; Stamped by: Patricia G. Domigan, PE Civil No. 37149;
Prepared by: VHB; Date: 3/3/2023;
⎯ Town Engineering Comments; From: Marissa Liggiero. Engineering; Date: 3/30/2023;
Mr. Ross Morrow, Lexington Engineering, Mr. Daniel Cannata, VHB, and Ms. Trish Domigan,
VHB, presented to the Commission. No proposed work falls within the resource areas, only
within the buffer zones. Mr. Morrow stated that during construction any catch basins that don’t
have deep sumps will be replaced, and silt sacks and compost filter tubes will be used. He added
that runoff flows and peaks will be the same since the amount of impervious surface areas
remains the same for pre- and post-construction. Mr. Morrow also stated that this project will
follow the town standard for Operation and Maintenance during construction: catch basins will
be cleaned yearly, with multiple cleanings necessary for any catch basins with extra sediment
noted.
Mr. Paul Geaudreau, property owner of 60 Pleasant Street, stated that he had trouble accessing
the plans for the proposal. Mr. Morrow stated that he will discuss the project in detail with Mr.
Geaudreau since they are both in the Town Office Building. Mr. Hamilton added that the project
is routine.
On a motion by Mr. Beuttell 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
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
7:26 PM
Notice of Intent: 2 Fulton Road
ViewPoint Cloud Permit# CNOI-23-9, DEP#201-1288
Applicant: Maria Correa, Dalfior Development
Property Owner: Maria Correa, 2 Fulton Road LLC
Project: raze and rebuild a single-family dwelling within the 100-foot buffer zone to Bordering
Vegetated Wetlands
Documentation Submitted:
⎯ Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: Richard
Kirby, LEC Environmental; Date: 3/14/2023;
⎯ Proposed Site Plan and Details; Stamped and signed by: Michael Novak, Patriot
Engineering; Date: 3/10/2023;
⎯ Stormwater Analysis and Calculations; Stamped and signed by: Michael Novak, Patriot
Engineering; Date: 3/10/2023;
Mr. Rich Kirby, LEC Environmental, and Mr. Michael Novak, project engineer, presented to the
Commission. The site plan was revised following the Commission’s site visit, and the number of
proposed trees to be removed was reduced from 14 to 10. Mr. Novak stated that PSIS #3 was
shifted east of the front walkway to protect and retain the cluster of trees in the front of the
house.
Questions and Comments from the Commission:
⎯ What is the expected limit of grading on the site going to be? Request a more detailed
grading plan or clarification of what the outer edge of grading will be. Can the erosion
control be tucked in more to protect tree roots?
⎯ The proposed FENO bounds seem to be in an awkward zig zag formation.
Responses from the Representatives:
⎯ The intent is to have a shallow slope in the front and back of the house. Can pull the limit
of work in more.
⎯ There is an existing stone landscaping wall and the proposed FENO bounds intend to
follow that wall.
Mr. Kirk Avedisian, property owner of 481 Lowell Street, shared his concern on the impacts this
development will have on the groundwater in the neighborhood. He also stated that the large
sized developments in the neighborhood have, in his opinion, caused his property to flood. Mr.
Novak responded, stating that the three infiltration systems will mimic the existing site runoff
conditions and collect surface runoff from the proposed dwelling.
Mr. Kirby stated that, with respect to the continuance request, the project team will provide a
detailed grading plan, reconcile the grading plan in front with respect to the trees, look into
installing smaller trees and shrubs within the understory in the rear property to fill it out, and
perform a test pit in the front yard.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the April 18, 2023 meeting at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:02 PM
Continued Public Meetings/Hearings
Notice of Intent: 15 Peacock Farm Road
ViewPoint Cloud Permit# CNOI-23-5, DEP#201-1287
Applicant/Property Owner: Christos Maravelias, Trustee, Christos Maravelias Trust 2015
Project: Construct a deck and portico and realign a walkway leading to an existing home
entrance. Replace existing driveway with permeable asphalt. Portions within 100-foot buffer
zone to BVW
Previous Meeting Date: 3/20/2023
Supplemental Documentation Submitted: None
Mr. Erich Nitzsche, project engineer, Ms. Mary Trudeau, wetlands consultant, and Mr. Carl
Oldenburg, project architect, were present. Mr. Nitzsche stated that since there is a decrease in
overall site impervious areas that a drainage analysis was not necessary. Test pit data and an
Operation and Maintenance plan were provided.
Mr. Beuttell stated that this proposal and supplemental information package is not consistent
with Performance Standard 5(6). No mitigation other than rehabilitation of the driveway has
been proposed. The Commission would like other mitigation proposals to be considered prior to
approval.
The Commission voted 6-0 by roll call vote to continue the hearing to the April 18, 2023 meeting
at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:23 PM
New Business/Pending Matters, Continued
Approve Minutes: 3/6/2023 and 3/20/2023
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 March 6, 2023 meeting.
Record of Vote as Follows:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:25 PM
The Minutes of the March 20, 2023 meeting will be voted on at the next meeting.
Schedule site visits: 4/18/2023
Staff will send a poll to Commission members to determine the best date and time for the site
visits the following week.
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
None
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:
Duke Bitsko – Aye
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Jason Hnatko – Aye
Phil Hamilton – Aye
8:27 PM
Respectfully Submitted,
Meghan McNamara
LUHD Dept Assistant – Conservation
Approved: 4/18/2023
Archived: 4/20/2023