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Home My WebLink About2023-04-18-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday,April 18,2023,6:30 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 and Ruth Ladd (arrived at 7:20 PM);(not present:Duke Bitsko) Staff Present:Karen Mullins,Conservation Director (arrived at 7:20 PM)and Meghan McNamara,Conservation Department Assistant New Business/Pending Matters Informal discussion with Katy Finkenzeller,property owner of 12 Cedar Street regarding proposed garage demolition/reconstruction within the 50-foot buffer to IVW Ms.Finkenzeller is requesting feedback from the Commission on her proposal to demolish an existing detached garage and construct a larger garage in a similar location on her property within the 50-foot buffer zone to an Isolated Vegetated Wetland.She is proposing a mitigation planting plan within the 25 and 50-foot buffer zone.Members of the Commission agree that the proposal is reasonable.Recommendations from the Commission include:removal of the proposed planting area that is directly touching the garage and providing a more specific and generous restoration area plan.Ms.Finkenzeller stated that there is Creeping Myrtle behind the garage and she could propose to have that removed. 6:45 PM Presentation by Lucy Ekrem,Eagle Scout Candidate,on proposed bike rack installation at Parker Meadow Conservation Area Lucy Ekrem presented a proposal for the installation of Dero Swerve bike racks at three entrances to Parker Meadow Conservation area.The installation of the bike racks will take place on May 13th and 14th,2023.Conservation Staff will approve the exact locations of the bike racks, and determine which entrance areas are most appropriate,prior to installation. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call vote to approve the Eagle Scout project by Lucy Ekrem,and condition that no bike rack be installed at the southernmost entrance off the Minuteman Bikeway. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:53 PM Vote to Issue Order of Conditions:Pleasant Street Roadway Improvements,VPC#CNOI-23-10, DEP#201-1289 On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:55 PM Approve Minutes:3/20/23 and 4/3/2023 The Minutes of the March 20,2023,meeting were not ready and will be voted on at the next scheduled meeting. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to approve the Minutes of the April 3,2023,meeting. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:55 PM Schedule site visits:5/1/2023 No site visits will be scheduled for the May 1,2023,meeting. 7:00 PM New Public Meetings/Hearings Notice of Intent:15 Lillian Road ViewPoint Cloud Permit#CNOI-23-12,DEP#201-1290 Applicant/Property Owner:Rohit Bhargava Project:construction of a deck and pervious paver patio within the 200-foot Riverfront Area, 100-foot buffer zone to Bordering Vegetated Wetlands,and Bordering Land Subject to Flooding associated with Munroe Brook. Documentation Submitted: ⎯Notice of Intent Application and Wetland Resource Area Analysis;Prepared by:Rich Kirby,LEC Environmental;Date:3/28/2023; ⎯Conservation Plan;Prepared by:Rober Survey;Date:3/10/2023; Mr.Richard Kirby,LEC Environmental,presented the project to the Commission.The applicant is proposing to restore 1,620 square feet of lawn area with native trees and shrubs,and a native seed mixture,as well as relocating the existing vinyl fence outside the resource area.Mr.Hnatko asked if it would be possible to construct a smaller deck and move the proposed stairs outside the 50-foot “no-build”zone.Mr.Kirby responded that the proposed deck is small enough already and that the applicant is proposing roughly eight times the amount of square footage for restoration efforts.Ms.Dohan asked if the stairs are intended to be open,meaning it will have treads but no risers.Mr.Stevhan Kardell,contractor,responded that he is proposing to install vinyl on the side risers,but will construct the stairs however the Commission prefers for approval.The Commission will condition that there not be risers on the proposed deck stairs and that the deck not be enclosed in the future nor another deck be added onto the house in the future. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:14 PM Amendment to Order of Conditions:56 Grassland Street ViewPoint Cloud Permit#AOOC-23-2,DEP#201-1279,CNOI-22-31 Applicant/Property Owner:Yanling Zhou Project:increases to proposed addition footprints and a canopy over the front entryway Documentation Submitted: ⎯Request for Amended Order of Conditions and attachments;Prepared by:Rich Kirby, LEC Environmental;Date:3/28/2023; ⎯Sheet SH.1 “Proposed Site Plan”and Sheet SH.2 “Survey Plot Plan and Existing Condition”;Prepared by:S &Y Design and Engineering LLC;Stamped and signed by: Kai Yin Yip,PE Civil;Date:12/4/2022 and revised (3)2/17/2023; ⎯Stormwater Analysis;Prepared by:S &Y Design and Engineering LLC;Stamped and signed by:Kai Yin Yip,PE Civil;Date Revised (4):2/17/2023; Mr.Richard Kirby,LEC Environmental,presented the request for an amended Order of Conditions to the Commission.Mr.Kirby stated that the size of the proposed northern infiltration system has been increased to accommodate the 215 square feet of additional impervious surface being proposed.Favorable comments were submitted by the Engineering Department. Ms.Ladd and Ms.Mullins arrived at the meeting. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:21 PM Continued 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 Previous Meeting Date:4/3/2023 Ms.Elizabeth Walker,owner of 14 John Poulter Road,met with Ms.Mullins prior to the meeting and discussed a possible replanting plan for mitigation of the tree removal.Ms.Walker presented the proposed plan to the Commission.When asked how large and what species the two trees to be removed are,Ms.Walker answered that the tree to the side of the house is a silver maple and measures roughly 230 inches at the base,and the tree behind the house is also a silver maple and the four trunks measure roughly 60,60,84 and 90 inches.Ms.Dohan recommended replacing the silver maple with a maple or an oak tree,and indicated that the proposed eastern arborvitae may be eaten by deer,even though it’s within a fenced area.Ms.Ladd also suggested replacing the silver maple with an oak tree.The Commission is flexible with regards to the species type for replacement plantings and agree that the number of replacement species proposed is adequate, but would prefer to see trees over shrubs. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 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 Jason Hnatko –Aye Phil Hamilton –Aye 7:34 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 Previous Meeting Date:4/3/2023 Supplemental Documentation Submitted: ⎯Sheet 1 of 2 “Proposed Site Plan”and Sheet 2 of 2 “Details”;Prepared by:Patriot Engineering;Stamped and signed by:Mike Novak,PE;Date last revised:4/7/2023; ⎯Mitigation Planting Plan;Prepared by:LEC Environmental;Date:4/3/2023; Mr.Rich Kirby,LEC Environmental,presented the revised site plan and planting plan to the Commission.Mr.Kirby stated that spot grades were added to the site plan,a retaining wall was added along the side of the driveway,and the driveway was shortened and located further from the property boundary that originally proposed.Mr.Kirby also stated that PSIS #3 was shifted to the right of the paver walkway,however because of the grading requirements the cluster of three landscape birches are unable to be saved.One additional test pit was also done within the footprint of PSIS #3 and the data is consistent with other test pits on the site.Regarding the planting plan,Mr.Kirby stated that the buffer zone enhancement area was expanded to include 20 sapling trees and 50 native sapling shrubs.The invasive species management plan was expanded to include the removal of European buckthorn,shrubs were removed from within the drainage easement,the rear planting plan was enlarged slightly and the proposed FENO marker lines were straightened out at the request of the Commission. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:42 PM 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:3/20/2023,4/3/2023 Supplemental Documentation Submitted:None On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to continue the hearing to the May 1,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:43 PM New Business/Pending Matters,Continued Ratify Enforcement Order:1359R Massachusetts Avenue,Rajesh Janu (Owner)and JNJ Sacca Inc.(Contractor) Ms.Mullins stated that on April 5,2023,the Conservation Office was notified of activity taking place at 1359R Mass Ave,specifically fill being brought to the site and placed within wetland areas and areas of steep slope around the dwelling.Also,there is a strong possibility that encroachment has taken place on the adjacent Conservation-owned parcel,however the property line is not staked.Ms.Carr,Conservation Coordinator,visited the property that same day and photographed the activity taking place.A conversation took place with the property owner, informing them of the violation and the need to receive approval from the Conservation Commission prior to such activity taking place.On April 12,2023,the Conservation Office was notified that an excavator and dump trucks were dumping fill and moving the fill around at the site.Later that same day,Ms.Mullins and Ms.Carr met with the property owner and the contractor at the site to notify them again that the activity needs to stop. Conservation staff are requesting the Conservation Commission to issue the enforcement order, making it clear that the activity has to stop and erosion controls/limit of work fencing needs to be installed,and that the fill must be removed because it is within both wetlands and 25 feet of the wetlands on a steep slope.The Commission will require that heavy equipment not be used around the tree trunks,and that the tree trunks need to be left in place when the fill is removed prior to another on-site inspection.A restoration plan must also be provided.Additionally,the Commission will require that the property owner and contractor begin removing the fill within the week and finish the work within two weeks of the start date.If the property owner and contractor need additional time to complete the work,an extension can be reviewed by the Commission.Members of the Commission agreed that it would be appropriate to issue fines for each day the property owner fails to comply with the enforcement order. On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to ratify the enforcement order issued to the property owner and the contractor. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:02 PM Request for Certificate of Compliance:4 Demar Road,VPC#COC-22-15,DEP#201-1185, CNOI-20-10 (Partial) Ms.Mullins stated that landscape cultivars were planted instead of the required straight native species per the Order of Conditions,and that it is up to the Commission if these replacement species are acceptable for determining site compliance.Members of the Commission requested more information on the cultivar species that were planted prior to making a decision. Request for Certificate of Compliance:607 Waltham Street,VPC#COC-23-8,DEP#201-1202, CNOI-20-31 (Partial) Ms.Mullins stated that the applicant has not provided an updated as-built showing the location of the FENO bounds. 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 Our request for funding to construct a universally accessible trail,handicap parking and related appurtenances in Willard’s Woods was approved at the Annual Town Meeting.(CPA Capital Projects:Article 10(g)“Willard’s Woods Site Improvements”) Ms.Ladd asked for an update on the permit issued for 10/12 Rangeway Road.Ms.Mullins stated that the Commission issued an extension to the Order of Conditions for 1 year and the contractor installed the culvert pipe right before the Order was set to expire.No work has begun on the construction of the house. Referring to the recently constructed house at 29 Rangeway Road,Ms.Dohan asked if they would be installing a grate on the pathway.Ms.Mullins responded that the installation of the grate is outstanding,but that she met with the project engineer in the Fall and it had been ordered but there was a supply issue.Ms.Mullins stated that she will follow up with the project team for an update and to check on the erosion control. Mr.Hamilton stated that he,Ms.Amber Carr,Mr.Keith Ohmart,Mr.Mike Tabaczynski and Ms. Peggy Enders walked around the site of the walking path area at the end of Rangeway Road and Drummer Boy Way Condominiums and that relocation of the path is very likely. Staff is planning to discuss the Parker Meadow storyboards with the Commission at the next meeting on May 1,2023. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:17 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:5/1/2023 Archived:5/2/2023