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Home My WebLink About2023-08-21-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,August 21,2023,6:30 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 (arrived at 6:52 PM),Alex Dohan,Philip Hamilton (Chair),Jason Hnatko and Ruth Ladd Staff Present:Karen Mullins,Conservation Meghan McNamara,Department Assistant 6:30 PM New Business/Pending Matters Discussion of Draft of "Ad Hoc Land Acquisition Working Group Policy Recommendation" Mr.Charlie Wyman,chair of the Conservation Commission’s Land Acquisition Subcommittee, presented to the Commission.The Housing Partnership Board drafted a Land Acquisition Policy for the town and has asked for the Commission’s feedback.The policy provides a mechanism that ensures communication among various town committees that share an interest in land acquisition.The Commission supports the Ad Hoc Land Acquisition Working Group Policy Recommendation as presented. Comment on Draft Climate Action and Resilience Plan Mr.Wyman presented.The Town’s Sustainability Officer,Ms.Maggie Peard,has developed a Climate Action Plan,which members of the Commission and staff contributed to. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to endorse the language of the Draft Climate Action and Resilience Plan as presented. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:52 PM Vote to issue Amendment to the Order of Conditions:56 Grassland Street,AOOC-23-5, CNOI-22-31,DEP#201-1279,AOOC-23-2 On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 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 Phil Hamilton –Aye 6:52 PM Vote to issue the Order of Conditions:0 Stedman Road,CNOI-23-15,DEP#201-1294 (Verizon Conduit installation) 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 6:54 PM Request for Certificate of Compliance:20 Cooke Road,VPC#COC-21-14,DEP#201-1089, BL#1046 (Partial) Ms.Mullins stated that the quantity and locations of the restoration plantings need to be reviewed with the homeowner,and it needs to be confirmed if native species or landscape cultivars were planted.Members of the Commission requested to attend a site visit. Request for Certificate of Compliance:6 Peachtree Road,VPC#COC-23-12,DEP#201-1157, CNOI-19-18 (Full) Ms.Mullins stated that landscape cultivars were planted within the 100-foot buffer zone and will review the request further. Request for Certificate of Compliance:29 Pearl Street,VPC#COC-23-15,DEP#201-820,BL# Ms.Mullins stated that additional information is needed from the applicant. Request for Certificate of Compliance:5 John Hosmer Lane,VPC#COC-23-16,DEP# 201-1212,CNOI-21-5 (Full) On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance,pending a confirmatory site visit by staff. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 6:59 PM Request for Certificate of Compliance:3 Goffe Road,VPC#COC-23-17,DEP#201-1192, CNOI-20-21,AOOC-21-11,2021 Enforcement Order (Full) Ms.Mullins stated that the as-built provided by the project engineer is missing key details as required per the Order of Conditions. Request for Certificate of Compliance:4 Young St,VPC#COC-23-14,CNOI-22-1 (bylaw only) (Partial) On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:01 PM 24 Hamblen,VPC#COC-23-13,CNOI-21-39,DEP#201-1241 (Partial) Ms.Mullins stated that the as-built shows a sump pump installed at the site,and she was not certain if a sump pump was approved in the Order of Conditions,and needs additional time to review. 8 Paddock Lane,VPC#COC-23-18,DEP#201-1230,CNOI-21-29 (Partial) Ms.Mullins stated that the as-built plan is missing details as required per the Order of Conditions,and that the plant receipts don’t document native species. 127 North Street,VPC#COC-23-5,DEP#201-1137,BL#1094 (Partial) The as-built plan needs to be updated to include the town-owned parcel elevation and the FEMA Certification letter needs to be provided. Vote to approve $1,000 expenditure from the Lexington Nature Trust Fund to cover remaining balance due for the “Forest Stewardship and Bird Habitat Assessment”at Dunback Meadow Staff applied for and received a DCR reimbursement grant to cover slightly over half the cost needed to move forward with the Forest Stewardship and Bird Habitat Assessment at Dunback Meadow.Staff have requested the final version of the assessment by 12/31/23.To cover the remaining cost,staff are requesting the expenditure from the Lexington Nature Trust Fund. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to approve the up to $1,000 expenditure from the Lexington Nature Trust Fund. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:07 PM Continued Public Meetings/Hearings Notice of Intent:24 Blueberry Lane ViewPoint Cloud Permit#CNOI-23-19,DEP#201-1295 Applicant:DND Homes,LLC Property Owner:Yashaswi Gautam Project:expansion of the backyard area and installation of an aluminum fence within the 100-foot buffer zone to Bordering Vegetated Wetlands (BVW) Supplemental Documentation Submitted: ⎯Stormwater Analysis;Prepared by:Fred Russell,PE;Date:8/14/2023; ⎯Buffer Zone Restoration Plan;Prepared by:LEC Environmental;Date:8/14/2023; ⎯Revised Site Plan;Prepared by:Fred Russell,PE;Date revised:8/16/2023; Mr.Rich Kirby,LEC Environmental,presented the revised plan and stormwater analysis to the Commission.Mr.Kirby confirmed that all trees within the buffer zone are to remain. Questions and Comments from the Commission: −The existing conditions describe a total of 28,700 square feet of soils in HSG D,but the proposed conditions show a total of 8,340 square feet of soils in HSG D.How can the soil type change? −Surprised that the weighted average curve number is reduced from existing to proposed conditions.Expected that number to increase with the expansion of lawn into naturalized areas. On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to continue the hearing to the September 5,2023 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 7:20 PM Notice of Intent:75 Kendall Road ViewPoint Cloud Permit#CNOI-23-18,DEP#201-1296 Applicant/Property Owner:Saurav Khandelwal and Seema Badaya Project:demolition of carport and construction of garage with second-story living space within the 100-foot buffer zone to Bordering Vegetated Wetlands and 200-foot Riverfront Area Supplemental Documentation Submitted: ⎯“Site Plan”and “Construction Details”;Prepared by:Henderson Consulting Services; Date:6/20/2023 and revised (2)8/14/2023; ⎯Routing Diagram for 75 Kendall Drainage 2023 07-05;Date:8/7/2023; Ms.Mary Trudeau,wetlands consultant,and Mr.Scott Henderson,project engineer,presented to the Commission.The proposed rain garden was relocated away from the property line,and the proposed restoration plantings were shifted slightly farther away from the dwelling. Questions and Comments from the Commission: ⎯The new proposed restoration area is not a great location either.Would like to see the entire property delineated for wetlands and Riverfront Area.Perhaps there is a more appropriate area of the property for the restoration plantings. ⎯This property has a lot of history and perhaps unpermitted work was performed by the previous owner. ⎯There is an open Order of Conditions for the property. Responses from the Representative: −Determining the wetland boundary of the entire project site would be predominantly soils based and an extensive project.There is an open area closer to the greenhouse that is currently being maintained as lawn.This could be a restoration planting area,but would prefer to determine that with the Conservation Agent after the Order of Conditions is issued. 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 September 5,2023 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 7:38 PM Notice of Intent:32 Tarbell Avenue ViewPoint Cloud Permit#CNOI-23-20,DEP#201-1297 Applicant/Property Owner:Scott Hills,HBC LLC Project:raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Supplemental Documentation Submitted: ⎯Tree Evaluation Letter;From:Kelvin G.Mustard,KGM Tree &Landscaping Co.;Date: 8/10/2023; ⎯Tree Removal Memorandum;From:Scott Hills,HBC LLC;Date:8/10/2023; ⎯Response to Comments from the 8/7/23 meeting;From:Ryan W.Proctor,Dillis &Roy; Date:8/10/2023; ⎯Post-Development Drainage HydroCAD Report;Date:8/11/2023; ⎯Post-Development Drainage Map;Date:8/10/2023; ⎯Notice of Intent Plan and Details Sheet;Date:7/10/2023 and revised 8/10/2023; −Landscape Plan;Prepared by:Copper Beech Designs;Date:8/1/2023; Mr.Seth Donohoe,Dillis and Roy,presented the revisions to the Commission.The property owner consulted a certified arborist who indicated the maple in the front yard is actually an invasive Norway maple and that the oak in the rear yard is a hazard.At the request of the Commission,a stone recharge trench is proposed along the edge of the driveway. Questions and Comments from the Commission: ⎯No stones from the existing stone wall on town property shall be used to reconstruct the new wall and no disturbance of the existing stone wall on town-owned property is permitted. ⎯Concerned about the slope of the property and how the new stone wall will be constructed. ⎯The curb cut is currently located abutting the catch basin.The Engineering Department likes to see curbing behind the catch basin. ⎯A resident submitted comments stating that the root system of the oak tree is within the stone wall on town property and asked the Commission to restrict its removal to protect the stone wall. Responses from the Representative: ⎯The oak tree removal will be cut from above and will not be ripping the tree out from town property. ⎯The applicant is agreeable to leaving a snag on the oak tree but will remove the branch that leans towards the dwelling. ⎯The stone trench will alleviate some of the runoff to the catch basin but we will install a small bump behind the catch basin. On a motion by Mr.Hnatko and seconded by Mr.Beuttell,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 7:53 PM New Business/Pending Matters,Continued Schedule site visits:9/5/2023 The site visits will take place on Tuesday,August 29,2023 at 5:30 PM.The Commission will visit 15 Fairfield Drive,20 Cooke Road,and 127 North Road. Approve Minutes:6/12/2023,7/10/2023 and 7/24/2023 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 June 12,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:55 PM The Commission requests additional time to review the Minutes of the July 10,2023 meeting. The Minutes of the July 24,2023 meeting are not ready. 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.Ladd stated that Citizens for Lexington Conservation (CLC)is working on the Conservation Restrictions (CR)for Cotton Farm and the Goodman Property and will monitor the CRs once approved by the State and Town representatives. Mr.Tom Whelan has attended four meetings of the Conservation Commission and would like to be considered as an Associate Member.Staff.He will prepare the necessary paperwork for the recommendation. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 7-0 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 Tom Whelan –Aye 8:04 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:9/5/2023 Archived:9/11/2023