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Home My WebLink About2023-06-12-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,June 12,2023,6:30 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 6:30 PM New Business/Pending Matters Review LUPA-121;Request to use sections of the Route M ACROSS trail at Dunback Meadow and Hayden for the third-annual Quock Walker Day Hike for Freedom Ms.Mullins presented on behalf of the applicant.The event expects 100 attendees and will take place from 8:00 AM -10:00 AM.The route uses the M route of ACROSS Lexington and is a 3.3-mile loop.While the event is fee-based,the Commission felt it would be reasonable to request organizers and/or participants of the event to volunteer their time during a stewardship workday,in lieu of a donation to the Nature Trust Fund. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to approve the Land Use Permit. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye Parcel 1 and 2 Hayes Lane:Approve Real Property Donation Agreement by and between Peter D.Johnson and Valerie J.Johnson and the Town of Lexington,acting by and through its Conservation Commission and Authorize the Chair of the Conservation Commission or Town Manager to take all actions on behalf of the Conservation Commission to complete the acquisition by gift of the Property On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to approve the real property donation agreement by and between Peter D.Johnson and Valerie J.Johnson and the Town of Lexington,acting by and through its Conservation Commission. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to authorize the Chair of the Conservation Commission or Town Manager to take all actions on behalf of the Conservation Commission to complete the acquisition by gift of the Property. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye Approve Minutes:5/15/2023 and 5/30/2023 meetings On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 6-0 by roll call vote to approve the Minutes of the May 30,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye Schedule site visits:6/26/2023 meeting and 7/10/2023 meeting (scheduling in advance due to July 4th holiday). The site visits for the June 26,2023 meeting will take place on Tuesday,June 20,2023 at 5:30 PM. The site visits for the July 10,2023 meeting will take place on Tuesday,June 27,2023 at 5:30 PM,and Saturday,July 8,2023 as an alternate date depending on availability. 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 No reports. 6:50 PM The meeting is suspended until 7:00 PM 7:00 PM New Public Meetings/Hearings Amendment to the Order of Conditions:Parker Meadow Conservation Area ViewPoint Cloud Permit#AOOC-23-3,CNOI-20-23,DEP#201-1193 Applicant/Property Owner:Town of Lexington Conservation Commission Project:installation of twenty story walk posts within the previously approved limit of work line Documentation Submitted: ⎯StoryWalk Solutions,Picture Book Displays,Installation Instructions; ⎯StoryWalk Solutions,Aluminum Frame with Aluminum Post-Angled,Assembly Instructions; ⎯Plan:Proposed Storyboard Sign Locations;Date:5/26/2023; Ms.Mullins stated that she,Mr.Jon Himmel (abutter of Parker Meadow),and Ms.Koren Stembridge,Library Director met at Parker Meadow to discuss Mr.Himmel’s suggested relocation of the story boards.Mr.Himmel’s proposed location of the story boards limits their installation from the parking lot area off Revere Street to the closest entrance off the bike path, immediately right at the overlook.The second proposal limits the story boards to the farthest south pathway (plan right).The Commission will need additional time to review these proposals and will ultimately continue the hearing after taking comments from the public.Mr.Hnatko stated that the Commission should consider how close the boards will be if they are limited to only one section of the trail. Mr.Himmel,property owner of 66 Hancock Street,stated that he developed the proposed plans on his own,and discussed it with another person who has experience installing exhibits. Ms.Kathy Scott,property owner of 30 Revere Street,asked what individuals make up the working group,and she was told that the group comprises Conservation staff,two Commission members and one Library staff member. Ms.Meg Himmel,property owner of 66 Hancock Street,requested that no work be done until late Fall to minimize the environmental impact during migratory season. Mr.Ted Lyman,property owner of 7 Longfellow Road,stated that he is concerned the story board removal is not being considered as an option,and he is concerned that it will bleed over into Willard’s Woods. Mr.Adam Brown,property owner of 50 Hancock Street,stated that he does not support the story boards and feels that its installation goes against the charter of the Conservation Commission. Mr.Wayne Harvey,property owner of 34 Revere Street,stated that there are individuals coming from all backgrounds and areas that share the same feeling about the story boards and having them removed. Mr.Bitsko stated that public education associated with the environment and ecology is very much a role of the Conservation Commission.Ms.Dohan stated that she is in support of the story boards,and its installation was a collaborative process that takes compromise. On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 6-0 by roll call vote to continue the hearing to the meeting on June 26,2023. Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye Notice of Intent:2 Cutler Farm Road ViewPoint Cloud Permit#CNOI-23-14,DEP#201-1293 Applicant/Property Owner:Shobitha Nellutla Project:construct and addition to a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯Notice of Intent application and attachments;Prepared by:Mark Arnold,Goddard Consulting,LLC;Date:5/22/2023; ⎯Photographs of site;Not dated; ⎯Stormwater Report and Illicit Discharge Statement;Prepared by:Chongris Engineering LLC;Stamped and signed by:Aleksandr John Chongris,PE Civil NO.56795;Date: 5/18/2023; ⎯Site Plan;Prepared by:Chongris Engineering LLC;Stamped and signed by:Aleksandr John Chongris,PE Civil NO.56795;Date:5/18/2023; ⎯Routing Diagram for Existing,HydroCAD;Prepared by:Chongris Engineering LLC; Date:6/5/2023; ⎯Routing Diagram for Proposed,HydroCAD;Prepared by:Chongris Engineering LLC; Date:6/5/2023; ⎯Town Engineering Comments;From:Marissa Liggiero,Engineering;Date:6/5/2023; Mr.Mark Arnold,Goddard Consulting,and Mr.Aleksandr Chongris,project engineer,presented to the Commission. Comments and Questions from the Commission: ⎯There is a large tree that will need to be removed for the installation of the infiltration system.Can the system be shifted 90 degrees to possibly protect the tree(s)? ⎯Could you shape the chambers of the infiltration system as a triangle to protect the tree? ⎯Show that the infiltration system doesn’t fit elsewhere on the property or show a replanting plan as mitigation for the tree removal within the buffer zone.It is not practice to relax the stormwater standards. ⎯Is there any proposed site grading?Are you flowing the drainage towards the new foundation? ⎯Is it possible to pick up the front part of the roof,an area comparable to the size of the proposed addition? Responses from the Representatives: ⎯If the system could be reduced to two chambers instead of three it could possibly prevent the removal of the tree.We don’t know the existing condition of the retaining wall underneath and don’t want to install a system that could damage the footing of the foundation of the retaining wall and cause more disturbance to the site. ⎯Changing the shape of the system is unconventional but possible,however I don't want a surcharge event washing out what is underneath the retaining wall.If there is any leniency to design for the 50-year storm,the system is already proposed drastically downhill so the runoff will direct down to the wetlands.I think the 50-year storm would only require two chambers. ⎯Due to very large boulders and the ledge,the south side of the house (plan left)is not a suitable location for an infiltration system. ⎯There may be a slight sheet flow towards the foundation of the dwelling but the applicant prefers to keep the walkable slope towards the rear of the property ⎯It would be difficult since the existing portion of the dwelling is smaller than the proposed and would need to rearrange more of the downspouts. Ms.Mullins stated that the tree to be removed is subject to the tree bylaw so restoration will be required,and unless the Commission provides a recommendation it could be a species they don’t typically recommend.Mr.Arnold responded that the red maple will be replaced with an oak species.The applicant agrees that for any tree replacement necessary under the tree bylaw,the Conservation Commission will determine the species and placement,and that there will be at least a 3-year monitoring period for the plantings. On a motion by Ms.Ladd and seconded by Mr.Hnatko,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 Request for Determination of Applicability:8 John Poulter Road ViewPoint Cloud Permit#CDOA-23-9 Applicant/Property Owner:Xiang Ma Project:construct a patio within the 200-foot Riverfront Area Documentation Submitted: ⎯Project Narrative:Diagram of patio,cross section details,photographs of site,contract ⎯Letter from Property Owner (dated 5/23/23)and plot plan (dated 6/1967); Mr.Xiang Ma,property owner,presented the request for a patio.As submitted,the cross-section detail is not showing a permeable paver system and the plan needs to show adequate gaps to allow for runoff infiltration.The Commission will approve the permit with a Condition that the patio be designed and constructed with permeable porous pavers. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to issue a Negative Determination with conditions. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye Continued 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; ⎯Town Engineering Comments;Date:5/15/2023; ⎯Post Subcatchment Plan;Prepared by:Patriot Engineering;Date:4/25/2023; 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 June 26,2023 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 Notice of Intent:4 Peacock Farm Road ViewPoint Cloud Permit#CNOI-23-13,DEP#201-1291 Applicant/Property Owner:ATC Revocable Trust of 2018,EBC Revocable Trust of 2018 Project:construct an addition to connect the existing single-family dwelling to the detached garage,and site grading,landscaping and gravel driveway replacement. Previous Meeting Date:5/20/2023 Supplemental Documentation Submitted: ⎯Town Engineering Comments;Date:5/30/2023; ⎯Response to Comments;From:Kevin Riopelle,DGT Associates;Date:6/6/2023; Mr.Kevin Riopelle,DGT Associates,presented the revisions made to the site plan and stormwater report.Subcatchment summaries for all rainfall events were provided and the plans revised to show the portion of the driveway within the right of way to be paved. 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 The June 26,2023,meeting will likely be canceled due to not having a quorum of Commission members available therefore the Commission will vote on the hearings closed this evening. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to issue the Order of Conditions for 2 Cutler Farm Road with a condition that there be a 3-year monitoring period for the mitigation tree planting,and the species shall be an oak. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 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 for 4 Peacock Farm Road. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye On a motion by Ms.Dohan and seconded by Ms.Ladd,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 Respectfully Submitted via Video Recording Meghan McNamara LUHD Department Assistant Approved:8/21/2023 Archived:8/22/2023