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Home My WebLink About2023-09-05-Concom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday,September 5,2023,6:30 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 (Chair), Jason Hnatko and Ruth Ladd Staff Present:Karen Mullins,Conservation Director,Meghan McNamara,Department Assistant 6:30 PM New Business/Pending Matters 36 Oakmount Circle Enforcement Order (EO-23-2);Soil disturbance and landscaping and driveway replacement activities within the 100-foot Buffer Zone without Conservation Commission authorization. Ms.Mullins stated that a building permit for a second-story addition was applied for by Mr. Michael Baccari,Property Owner,and upon review it was noted that there was significant soil disturbance and tree removal taking place within the wetland buffer zone and without approval by the Conservation Commission.Six trees were removed within the wetland buffer zone and the Commission will require a landscape and planting plan to be submitted to staff for approval prior to implementation.The Commission informed Mr.Baccari that the tree bylaw would not take effect because the footprint of the building is not increasing by 50%,but the Commission has the authority to require replanting of native species. On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to issue the enforcement order,which will require the property owner/applicant to provide a more detailed landscape and replanting plan. 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 Request for Insignificant Plan Change/Conservation Plan Modification:181 Marrett Road,VPC# CPM-23-14,CNOI-21-42,DEP#201-1245 Mr.Mike Novak,project engineer,presented to the Commission.The request is for the removal of the existing pool and decking,and replacement with a new patio and deck.Overall there will be a decrease of 2,000±square feet of impervious surface.Mr.Novak confirmed that Infiltration System #2 will be installed as originally approved,so it will be somewhat oversized for the site, and therefore an updated engineering report will not be necessary. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 6-0 by roll call vote to approve the Insignificant Plan Change/Conservation Plan Modification. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:05 PM New Public Meetings/Hearings Request for Determination of Applicability:15 Fairfield Drive ViewPoint Cloud Permit#CDOA-23-11 Applicant:Rebecca Amariglio Property Owner:Amariglio Rebecca E Trustee Amariglio Revocable Trust Project:Installation of a 280 square foot bluestone patio within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: −Proposed Patio Location Plan;Date:5/26/2023; −Plot Plan of Land (revised to show proposed patio location);Prepared by:Schofield Brothers of New England,Inc.;Date:12/9/2014; −Cross Section Patio Detail;Not dated; −WPA Form 1 RDA Application;Prepared by:Rebecca Amariglio,property owner;Date signed:8/15/2023; −Plan showing pool,dwelling and patio/deck areas “Deck Plan”;Date:8/15/2023; −Detailed Work Description;Not dated; Mr.Doug Agule,contractor,presented to the Commission.Mr.Agule stated that in addition to the installation of the permeable paver patio,the property owner is also requesting to relocate pool equipment. Questions and Comments from the Commission: −Where is the pool equipment pad going? −How large will the bluestone pavers be?Will want to condition that the porous paver joint spacing is at least 4-5 %of the total area of the patio to allow for infiltration. Responses from the Representative: −The pool equipment will be relocated outside the fenced-in area and still outside the 25-foot buffer zone.The equipment will be placed on a concrete pad that sits atop an 8-inch stone base of exposed stone for drainage. −The pavers will be of varying sizes,but typically 1x1 feet,2x2 feet,and 1.5x2 feet Ms.Ladd asked if the Commission could require Feno markers to be installed,and Ms.Mullins responded that it’s not typical practice to require the markers since the work is outside the 25-foot buffer and within existing lawn area. 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 7:21 PM The following Certificate of Compliance requests were discussed out of order in consideration of audience members present for this item. Request for Certificate of Compliance:6 Peachtree Road,VPC#COC-23-12,DEP#201-1157, CNOI-19-18 (Full) Ms.Mullins stated that the project site is in compliance with the Order of Conditions,however landscape cultivars were planted within the wetland buffer zone.The Commission will issue the Certificate since the Order of Conditions did not specify the need to plant only straight native species. On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 6-0 by roll call vote to issue the 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 7:25 PM Request for Certificate of Compliance:127 North Street,VPC#COC-23-5,DEP#201-1137,BL# 1094 (Partial) On a motion by Ms.Ladd and seconded by Mr.Beuttell,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 7:28 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) Previous Meeting Dates:8/7/2023 and 8/21/2023 Supplemental Documentation Submitted:None *Vote to issue the Order of Conditions if the hearing is closed Mr.Fred Russell,project engineer,and Mr.Rich Kirby,wetlands consultant,presented to the Commission.Mr.Russell provided an explanation for the ground coverage analysis that the Commission questioned during the last meeting,and stated that he ran the calculations with the assumption that all soils within the 100-foot buffer zone were D soils,and beyond the 100-foot buffer zone was a C soil.He added that there would be no deterioration of ground cover from existing to proposed conditions. 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 7:35 PM On a motion by Ms.Dohan and seconded by Mr.Beuttell,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 7:37 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 Previous Meeting Dates:8/7/2023 and 8/21/2023 Supplemental Documentation Submitted:None The applicant submitted,in writing,a request for continuance to September 18,2023. 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 September 18,2023 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 7:36 PM New Business/Pending Matters,Continued Vote to issue Order of Conditions:32 Tarbell Avenue,VPC#CNOI-23-20,DEP#201-1297 On a motion by Ms.Dohan and seconded by Mr.Hnatko,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 7:38 PM Request for Certificate of Compliance:324 Marrett Road (Cumberland Farms),VPC# COC-23-19,DEP#201-685,BL#642 Ms.Mullins stated that she requires additional time to review this request. Request for Certificate of Compliance:20 Cooke Road,VPC#COC-21-14,DEP#201-1089, BL#1046 (Partial) Members of the Commission noted that,during their recent site visit,the area between the Feno markers and the sidewalk was planted with cultivar arborvitaes,and instead should have been a restoration “scrub shrub”area with straight native species.Ms.Mullins stated that she will follow up with the property owner and recommended additional planting of native species. Request for Certificate of Compliance:24 Hamblen,VPC#COC-23-13,CNOI-21-39,DEP# 201-1241 (Partial) On a motion by Ms.Ladd 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 7:42 PM Request for Certificate of Compliance:8 Paddock Lane,VPC#COC-23-18,DEP#201-1230, CNOI-21-29 (Partial) Mr.David Robinson,civil engineer with Allen &Major Associates,stated that that patio was shown on the as-built but not on the existing conditions plan.He was not the original engineer for the project,but believes this is because the patio was below the deck,and during construction the deck was shifted so now the patio is shown on the as-built below the deck.Ms.Mullins stated that it’s still unclear if the patio was present or not,but that it was definitely reconstructed.Mr. Robinson confirmed that the patio was designed as permeable and in a similar footprint,and he will try to locate photos of the patio prior to construction. Vote to approve expenditure of $1,267.50 from the Lexington Nature Trust Fund to cover balance due for Chiesa Farm mowing in June and July 2023. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 6-0 by roll call vote to approve the expenditure of $1,267.50 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 7:51 PM Approve Minutes:7/10/2023,7/24/2023,8/7/2023 and 8/21/2023 On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 4-0 by roll call vote to approve the Minutes of the July 10,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Abstain (was not present at the public meeting) Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Abstain (was not present at the public meeting) 7:52 PM On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 5-0 by roll call vote to approve the Minutes of the July 24,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Abstain (was not present at the public meeting) 7:53 PM 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 August 7,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:53 PM 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 August 21,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:54 PM Schedule site visits:9/18/2023 The site visits will take place on Tuesday,September 12,2023 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 Mr.Hamilton stated that he would like the Commission to discuss their policy on allowing or not allowing landscape cultivars versus straight native species at a future meeting to allow for public input. 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 8:02 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:10/2/2023 Archived:10/3/2023