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HomeMy WebLinkAbout2023-04-03-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ 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