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HomeMy WebLinkAbout2023-05-15-Concom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,May 15,2023,6:30 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,Amber Carr,Conservation Coordinator, and Meghan McNamara,Conservation Department Assistant 6:30 PM New Business/Pending Matters Update on Parker Meadow storyboard working group Mr.Beuttell,a member of the story board working group,presented the proposed revisions made to the story walk plan.The revisions include a reduction in the number of panels from 24 to 20, relocation of panels to reduce the density in certain areas,and removal of all panels on the meadow (northwesterly)side of the pond.Town Counsel informed staff that the revisions could be reviewed through a plan change process,however given the concerns raised from residents and neighbors of Parker Meadow,staff and the Commission agreed that an Amendment request process would be more appropriate.Staff will prepare and submit a request for Amended Order of Conditions as soon as possible,and the story boards will remain in place until a decision is made. Mr.Wayne Harvey,property owner of 34 Revere Street,asked for clarification on the amendment process.Mr.Hamilton and staff responded that the hearing for the Order of Conditions will be reopened to discuss only the changes,all abutters within 100-feet will be notified,and a notice will be posted in the newspaper.Staff will also provide notification to an email list that has been circulating with comments. Mr.Jonathan Himmel,property owner of 66 Hancock Street,shared his concern that the Commission is setting a precedent for story boards to be installed at other Conservation areas in town,such as Willard’s Woods and that the story boards were not mentioned during the Town Meeting approval process.Mr.Himmel also raised concern regarding proper abutter notification. Mr.Tad Dickenson,property owner of 48 Hancock Street,asked how this plan change is deemed insignificant.Mr.Hamilton responded that insignificant is a term of the regulation,and it related to the impact made on resource areas.The Conservation Commission made a judgment,which the Town Counsel agreed with,that this kind of proposal could qualify as an insignificant plan change,however it’s being applied for as an amendment instead. Ms.Kathy Scott,property owner of 30 Revere Street,asked why the story boards couldn’t be relocated to other areas in town where children frequent more often.Mr.Hamilton responded that this discussion is only regarding the amendment process to be forthcoming,and that Ms. Scott would have opportunity to raise such questions when the hearing is reopened. Ms.Carr clarified that no town meeting appropriated funds were used for the installation of the story boards,and that it was provided through a grant that the Library received. 7:02 PM Request for Conservation Plan Modification/Insignificant Plan Change:20 Woodpark Circle, VPC#CPM-23-8,DEP#201-1263,CNOI-22-14 On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to approve the plan change request. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:09 PM Request for Conservation Plan Modification/Insignificant Plan Change:65 Cary Avenue,VPC# CPM-23-10,DEP#201-1276,CNOI-22-28 Mr.Richard Kirby,LEC Environmental,presented the requested plan change to the Commission. Ms.Dohan asked what the proposal is for where the pavers currently are shown on the plan (back right corner of the house).Mr.Kirby responded that the paver area was originally proposed to be lawn,however the owner thought it would be more efficient to drag trash cans along a pervious paver patio. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 6-0 by roll call vote to approve the insignificant plan change,with a Condition that native plants be added along either side of the retaining wall. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:20 PM New Public Meetings/Hearings Request for Determination of Applicability:12 Kay Tiffany Way ViewPoint Cloud Permit#CDOA-23-6 Applicant/Property Owner:Kay Tiffany Way LLC Project:revise a previously approved limit of work to expand site grading Documentation Submitted: ⎯RDA Application;Prepared by:Michael Novak,Patriot Engineering;Date signed: 4/24/2023; ⎯Site Plan of Land;Prepared by:Patriot Engineering;Stamped and signed by:Michael J Novak,PE;Date:11/30/2022;Revised:4/25/2023; ⎯Project Description;From:Michael Novak,Patriot Engineering;Date:4/25/2023; ⎯Stormwater Analysis and Calculations;Prepared by:Patriot Engineering;Stamped and signed by:Michael J Novak,PE;Date:5/5/2023; ⎯Plan:Overall Buffer Disturbance;Prepared by:Patriot Engineering;Stamped and signed by:Michael J Novak,PE;Date:4/27/2023; On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to continue the hearing to the May 30,2023 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 7:22 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:3/20/2023,4/3/2023 Supplemental Documentation Submitted: ⎯HydroCAD Existing Site NRCC;Date:4/28/2023; ⎯HydroCAD Proposed Site NRCC;Date:4/28/2023; ⎯Calculation Summary;Date:4/6/2023 and revised 4/27/2023; ⎯Drainage Maps;Not dated; ⎯“Existing Conditions Plan Showing Proposed Drive &Walkway”;Prepared by: Commonwealth Engineering Inc.;Stamped and signed by:Erich Nitzsche,PE;Date: 2/28/2023 and revised through 4/27/2023; Ms.Mary Trudeau,Wetlands Consultant,and Mr.Erich Nitzsche,Project Engineer,presented. Based on the most recent engineering report,it does not align with the comments made by the project engineer during the meeting.Therefore,the Commission would be in a position to close the hearing and issue the Order of Conditions when the engineering report is more specific and favorable,presumably at the next meeting. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to continue the hearing to the May 30,2023 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 7:39 PM New Business/Pending Matters,Continued Request for Certificate of Compliance:4 Demar Road,VPC#COC-22-15,DEP#201-1185, CNOI-20-10 (Partial) Additional time is needed for staff to complete a compliance review. Request for Certificate of Compliance:11 Sherburne Rd,VPC#COC-21-18,DEP#201-1138, TC-19-33,AOOC-20-4,20-7,and 21-3 Additional time is needed for staff to complete a compliance review. Approve Minutes:5/1/2023 meeting On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to approve the Minutes of the May 1,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:42 PM Schedule site visits:5/30/2023 The site visits will take place on May 23,2023 at 5:00 PM 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 During the recent site visits,the Commission visited 34 Earl Street.The property owner requested permission to remove a shed on town-owned property (at property owner ’s expense)as well as remove hazardous ash trees.The property owner thought the removal of the shed’s concrete pad would disturb the trees and make them more likely to fall down.Members of the Commission agreed that the shed can be demolished without removal of the nearby trees.Staff will follow up with the property owners on next steps. Mr.Eric Ford,Wetland Ecologist with Massachusetts Division of Ecological Restoration (DER) requested the Commission’s permission to access four Conservation properties (Paint Mine, Willard’s Woods,Chiesa Farm and Lower Vine Brook)for rapid field assessments associated with DER’s Freshwater Wetlands Restoration Viability Project.The work being done by the DER and their consultant Stantec includes remotely identifying impacted wetlands with a draft model and validating the results in the field.The DER is currently targeting the Shawsheen as the test watershed and hopes to implement the model state wide. On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to approve the Land Use Permit Application 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 The joint meeting with the Conservation Stewards will be on May 22,2023. On a motion by Mr.Beuttell 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 Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:08 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:7/24/2023 Archived:7/25/2023