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Home My WebLink About2023-09-18-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, September 18, 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, and Amber Carr, Conservation Coordinator 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 99 Hancock Street (Diamond Middle School), CPM-23-15, CDOA-21-13 Mr. Fred King, DGT Associates, presented to the Commission. Also present was Mr. Ken DiNisco, DiNisco Design. Mr. King stated that the generator pad stone trench was not constructed as originally approved. He stated that there was a slight reduction, however, the design still meets the Performance Standards. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:37 PM Conservation Plan Modification/Insignificant Plan Change: 22 Village Circle, CPM-23-16, DEP# 201-1195, CNOI-20-25, AOOC-22-9, AOOC-23-4 Mr. Dinesh Shanthappa, property owner, presented the request for a change in the driveway material from porous asphalt surface to permeable pavers. The Commission did not have any concerns with this plan change. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Conservation Plan Modification/Insignificant Plan Change. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:42 PM Request for Extension to the Order of Conditions: 22 Village Circle, EXTO-23-3, DEP# 201- 1195, CNOI-20-25 (extend 1 year from 11/30/2023 to 11/30/2024) On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve a 1-year extension of the Order of Conditions from 11/30/2023 to 11/30/2024. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:43 PM Discussion on rerouting Sutherland Woods entrance off Tarbell Avenue Ms. Amber Carr presented the request for rerouting the entrance to the property. A lead steward recommended modifying or rerouting the trail entrance off Tarbell Avenue because it has a steep slope that becomes dangerous in wet and icy conditions. Mr. Bitsko noted that the topography for the proposed relocation looks the same as for the existing. Ms. Carr responded that the slope of the proposed trail is gentler than what it appears to be on the topo plan. Stewards will install signage to demarcate the relocated trail, and clear any leaf litter so the path is more apparent and will become established over time, without the need for any maintenance by the Department of Public Works (DPW). Ms. Carr stated that she would like a quorum of the Commission to see the trail entrance before deciding on the closure of the existing trail off Tarbell Avenue. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the alternative/rerouted trail as presented by Ms. Carr. 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 approve the Chiesa Farm Field Management Plan (Final revision date: 8/18/2023) Ms. Carr presented the final management plan to the Commission. This version includes a conclusion section and photographs. Ms. Ladd stated that the management plan mentions the pulling of purple loosestrife, however pulling is not a very effective method for removal. She asked if there was any evidence of Galerucella beetles at Chiesa Farm, as the beetles are known to be an effective biocontrol of purple loosestrife, and could be more effective than pulling. Ms. Carr responded that the Galerucella beetles have quite a presence in Lexington, but she is not sure what their presence is like at Chiesa Farm. Ms. Carr added that the intent of mentioning pulling the purple loosestrife was to emphasize that a contractor shouldn’t be hired specifically to apply an herbicide as a management tool for the property. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to approve the Chiesa Farm Field Management Plan, with minor edits as previously noted. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 6:56 PM Request for Certificate of Compliance: 324 Marrett Road (Cumberland Farms), VPC# COC-23- 19, DEP# 201-685, BL# 642 Ms. Mullins stated that the as-built plan is missing key information and she has followed up with the engineer to request this information be provided. Request for Certificate of Compliance: 20 Cooke Road, VPC# COC-21-14, DEP# 201-1089, BL# 1046 (Partial) Mr. Chengwei Su, property owner of 20 Cooke Road, stated that the nursery sold him native plants but they were in fact landscape cultivars. Ms. Mullins stated that she believes the cultivars were only planted in the buffer zone restoration area and not in the wetland. Ms. Dohan stated that there are areas of the property outside of the project limits, that Mr. Su was not required to perform any work in, that have invasive species. Ms. Ladd stated that a non-native Rose of Sharon bush was planted in the restoration area, however felt that it was not a problem. The Commission felt comfortable issuing the Certificate of Compliance based on this information. On a motion by Ms. Dohan 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 7:11 PM New Public Meetings/Hearings Notice of Intent: 28 Reed Street ViewPoint Cloud Permit# CNOI-23-21, DEP# 201-1298 Applicant/Property Owner: Peter Jones Project: Demolition of a one-car garage and construction of a two-car garage within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted: ⎯ Notice of Intent application and attachments; Prepared by: Aidan Schlotman, Stamski & McNary, Inc.; Date: 6/12/2023; ⎯ Wetland Permitting Plan; Prepared by: Stamski & McNary, Inc.; Date: 8/15/2023; ⎯ Stormwater Management Report; Stamped by: George Dimakarakos, PEC Civil; Prepared by: Stamski & McNary, Inc.; Date: 5/4/2023; Mr. Aidan Schlotman, Stamski and McNary, presented to the Commission. Questions and Comments from the Commission: − How much impervious surface is being added within the 50-foot buffer zone to Bordering Vegetated Wetlands? Please provide this calculation at the next meeting. − Should the Commission require the installation of Feno markers on the property? − What is the status of the Zoning Board of Appeals (ZBA) application? We won’t close the hearing until a decision is issued by the ZBA. − Add more elevation spot grades on the site plan for the next meeting. − Would you consider rounding off the driveway (directly west of the 2 maples and 1 oak) to eliminate a bit more impervious surface? Responses from the Representative: − I estimate the amount of impervious surface added within the 50-foot buffer zone is 200 square feet but will provide the exact number at the next meeting. − If the Commission would like Feno markers to be installed we can incorporate that into the plan and provide at the next meeting. Would like to have a bit of space between the house and the Feno markers to allow for access around the house. The property owner has been maintaining the wetland area as manicured lawn off property. − The hearing with the ZBA is not until the end of October. The hearing was delayed due to a legal notice posting error by the Newspaper. − Will look into rounding off that area of the driveway, however would only be about a 3 square foot difference. This is a multi-generational household and don’t want to limit their amount of off-street parking. There are outstanding Engineering comments and follow up necessary by the applicant. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to October 16, 2023 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 7:31 PM Notice of Intent: 4 Saddle Club Road ViewPoint Cloud Permit# CNOI-23-22, DEP#201-1299 Applicant/Property Owner: Scott Biederman, Biederman Realty Trust Project: raze and rebuild of a single-family dwelling within the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Land Subject to Flooding Documentation Submitted: ⎯ Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: Rich Kirby, LEC Environmental; Date: 8/29/2023; ⎯ Riverfront Area & Buffer Zone Mitigation Planting Plan; Prepared by: LEC Environmental; Date: 9/5/2023; ⎯ “Site Plan of Land” and “Site Details”; Prepared by: RJ O’Connell & Assoc., Inc.; Stamped and signed by: Mike Novak, PE; Date: 8/18/2023; ⎯ Stormwater Calculations; Prepared by: RJ O’Connell & Assoc., Inc.; Signed by: Mike Novak, PE; Date: 8/18/2023; Mr. Rich Kirby, LEC Environmental, and Mr. Michael Novak, project engineer, presented to the Commission. Questions and Comments from the Commission: − Is the plant list provided for the Riverfront Restoration Area, the Buffer Enhancement Area, or both? − Are any shrubs proposed to be planted in areas with existing ivy? Responses from the Representative: − The planting list represents the Riverfront Restoration and Buffer Enhancement area. Thirty native shade-tolerant shrubs shall be established within the Riverfront and Buffer Zone Enhancement areas, and the balance will be established within the restoration area. − There is a fair amount of ivy dominating the ground cover for virtually the entire site, especially the western half as shown. Typically, the contractor will clear the ivy and plant the shrubs, and then perform a one-time application of leaf compost to the drip line of the shrubs to reduce the potential of the vine to climb up the shrubs. The Commission will require three years of plant monitoring. Favorable engineering comments were submitted. 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 7:41 PM Continued Public Meetings/Hearings 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 *The Applicant has requested a continuance to the October 2, 2023 meeting On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to continue the hearing to the October 2, 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 7:43 PM New Business/Pending Matters, Continued Request for Certificate of Compliance: 8 Paddock Lane, VPC# COC-23-18, DEP# 201-1230, CNOI-21-29 (Partial) The as-built is missing drainage details and additional information is needed regarding the patio under the deck. Request for Certificate of Compliance: 3 Meadow Brook Ave, VPC# COC-22-2, CNOI-21-2, DEP# 201-1208 Mr. Kirby stated that many of the shrubs did not survive due to wildlife browse and subsequent competition by populating plants; however, the restoration area is thriving with a dense and diverse native plant community, including woody plants, a robust herbaceous layer, and grasses. Ms. Mullins visited the site during a heavy rainstorm and noted that the driveway runoff was not reaching the yard drains as proposed. Mr. Novak will follow up with staff to review this further. On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance, subject to correcting the driveway drainage. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Jason Hnatko – Aye Phil Hamilton – Aye 7:52 PM Reappointment of a Conservation Commission member to the Community Preservation Committee (CPC), 7/1/23 to 6/30/25 Mr. Beuttell volunteered to be reappointed to the CPC. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to nominate Mr. Beuttell to the CPC. 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 Approve Minutes: 9/5/2023 The Minutes were not ready and will be added to the next agenda for approval. Schedule site visits: 10/2/2023 The site visits will take place on September 26, 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. Dohan stated that, during a Greenway Corridors Committee (GCC) meeting which she attended, there were a suggestion of creating a plan for benches to be installed along ACROSS Lexington routes. She informed the GCC that the Conservation Commission does have a policy in place for memorial benches on Conservation-land and to reach out to staff for more information. Ms. Mullins stated that staff followed up with the GCC in regards to the Concord Avenue survey and land management plan. The Commission previously asked for this project to be prioritized. There is a concern that because all five lots on Concord Avenue are being requested together that the request for funding might be higher than the grant funding. Ms. Mullins asked the Commission to consider supporting the costs with Nature Trust funds. The Commission did not provide an answer. Mr. Hamilton stated that he was asked to provide three goals that the Conservation Commission would like the Select Board to achieve. The three goals were: Extending the coverage of the Town’s stormwater regulations to apply the above-threshold performance standards to site disturbance of less than an acre; Protecting the Town’s tree canopy by strictly regulating tree removal by land owners; and Increasing staffing of the Conservation Division. On a motion by Ms. Dohan and seconded by Mr. Hnatko, 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 8:07 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved: 10/2/2023 Archived: 10/17/2023