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Home My WebLink About2023-07-24-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,July 24,2023,6:30 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,Jason Hnatko and Ruth Ladd (Vice-Chair);Not present:Philip Hamilton,Chair Staff Present:Karen Mullins,Conservation Director,and Meghan McNamara,Department Assistant 6:30 PM New Business/Pending Matters Approve Restoration Plan activities to correct compliance issues at 16 Village Circle; DEP#201-458,BL#406,EO-23-1 Ms.Nitya Devarajan,property owner and Mr.Luke Fougere,contractor,presented a proposed restoration plan to the Commission to bring the site into compliance with the Order of Conditions.Ms.Devarajan recently purchased the property knowing that a patio,shed and fence were installed outside the previously approved limit of work line.Ms.Devarajan is requesting to install a permeable patio within the 50 to 100-foot buffer and is willing to restore all previously disturbed areas.The Commission requests Feno markers to be installed along the edge of the lawn area and restoration plantings in the previously disturbed areas.Ms.Devarajan and Mr. Fougere will reach back out to staff for final confirmation before beginning any work. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 to approve the restoration plan as modified. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:00 PM Vote to issue Amendment to the Order of Conditions:Parker Meadow Conservation Area, AOOC-23-3,CNOI-20-23,DEP#201-1193 On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 3-2 by roll call vote to accept the story walk option as created by the working group. Record of Vote as Follows: Duke Bitsko –Nay Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Nay Jason Hnatko –Aye 7:07 PM Vote to issue Amendment to the Order of Conditions:22 Village Circle,AOOC-23-4, DEP#201-1195,CNOI-20-25 On a motion by Mr.Beuttell and seconded by Mr.Bitsko,the Commission voted 5-0 by roll call vote to issue the Amendment to the Order of Conditions. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:12 PM Approve use of Havahart live animal traps at Idylwilde Community Garden as an exception to the Conservation Land Use regulations prohibiting trapping On behalf of Idylwilde Community Garden,staff are requesting to amend the Commission’s land use regulations to allow for trapping of animals within the fenced area of the community garden and releasing them on the same property but outside of the garden’s perimeter fencing. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to amend the Lexington Conservation Land Regulations (Section 145)to allow for Staff and Garden Coordinators to use Havahart traps at Idylwilde Conservation Area. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:29 PM Continued Public Meetings/Hearings Notice of Intent:22 Partridge Road ViewPoint Cloud Permit#CNOI-23-17 (Local Bylaw Only) Applicant/Property Owner:Naoki Kawakami Project:construction of an addition,stormwater infiltration system,permeable paver patio and walkway,and partial replacement of asphalt driveway with permeable pavers,within the 100-foot buffer zone to Isolated Vegetated Wetlands Supplemental Documentation Submitted: −Site Plan;Date revised:7/16/2023; −Stormwater Analysis;Date revised:7/16/2023 Mr.Kyle Cormier,Oxbow Associates,and Mr.Carl Solander,project architect,presented the revisions to the Commission.The infiltration system was relocated outside the 25-foot buffer zone and the stormwater report was updated.A favorable engineering report was provided by the Engineering Department and the Commission had no further comments or questions. On a motion by Mr.Hnatko and seconded by Mr.Beuttell,the Commission voted 5-0 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 7:36 PM New Business/Pending Matters,Continued Vote to approve the Conservation Commission’s FY 25-29 Capital Improvement Plan Proposal On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to approve the funding priorities as presented. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:43 PM Request to extend the Order of Conditions:21 Barberry Road (Five Fields Pond),EXTO-23-2, DEP#201-708,BL#665 On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to extend the Order of Conditions by one year to September 17,2024. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:44 PM Request for Certificate of Compliance:3 Diamond Road,VPC#COC-23-9,DEP#201-1149, BL#1105 (Full) On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to issue the Complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:45 PM Request for Certificate of Compliance:15 Banks Avenue,VPC#COC-23-11,DEP#201-1247, CNOI-21-43 On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to issue a complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 7:46 PM Request for Certificate of Compliance:6 Peachtree Road,VPC#COC-23-12,DEP#201-1157, CNOI-19-18 Landscape cultivars were planted within the buffer zone.Staff will follow up with the applicant. Request for Certificate of Compliance:24 Hamblen Street,VPC#COC-23-13,DEP#201-1241, CNOI-21-39 (Partial) The as-built plan is missing key drainage information.Staff will follow up with the applicant. Request for Certificate of Compliance:4 Young Street,VPC#COC-23-14,CNOI-22-1 (bylaw only)(Partial) The as-built plan was not stamped by the professional engineer and a letter certifying compliance at the site is still needed from the engineer. Emergency Certification:1265 Massachusetts Avenue,EC-23-1;implement Immediate Response Action activities associated with a No.2 Fuel Oil Release at Site One/Seasons Four On July 14,2023,a contractor was at the site demolishing two sheds and broke the connector gas hose.The gas tanks were pumped out and a Licensed Site Professional (LSP)tarped the site for the weekend so the material wouldn’t migrate any farther prior to removal of the impacted soils. The reports will be provided when available and the site is contained. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to ratify the issuance of the Emergency Certification. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye 8:01 PM Mr.Hnatko left the meeting. Approve Minutes:1/30/2023,5/22/2023,5/15/2023,6/12/2023 and 6/26/2023 On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call vote to approve the Minutes of the January 30,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye 8:02 PM On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call vote to approve the Minutes of the May 15,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye 8:02 PM On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call vote to approve the Minutes of the May 22,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye 8:02 PM On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 4-0 by roll call vote to approve the Minutes of the June 26,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye 8:02 PM Schedule site visits:8/7/2023 meeting The site visits will take place on Tuesday,August 1,2023 at 5:30 PM Reports:Enforcement Updates,Bike Advisory,Community Gardens,Community Preservation Committee,Greenway Corridor Committee,Land Acquisition,Land Management,Land Steward Directors,Tree Committee,and Open Space &Recreation Plan Ms.Mullins stated that the Select Board voted to approve the Commission’s acceptance of the land donation of Parcel 1 and Parcel 2 at 35 Hayes Lane and expects the closing date to be soon after Labor Day. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 4-0 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 8:16 PM Respectfully Submitted, Meghan McNamara Department Assistant Approved:9/5/2023 Archived:9/11/2023