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Home My WebLink About2023-10-02-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,October 2,2023,6:30 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 Land Use Permit Application LUPA-23-8;Proposal to encourage new native oak growth in Lexington’s Conservation Land Ms.Carr presented on behalf of Conservation Land Steward,Ms.Barbara Katzenberg.Ms. Katzenberg is requesting permission from the Commission to collect red and white oak acorns from healthy,older trees in Lexington,and plant the acorns on Conservation land using the Droste can method.Specifically,the acorns would be planted at Chiesa Farm,Dunback Meadow, and Simonds Brook woods.Members of the Commission stated that they would like the cans to be removed after a year,and would prefer that GPS coordinates be used instead of flagging the cans,which would bring attention to the plantings.The Commission also requested a follow up report after a year.Ms.Carr will work with Ms.Katzenberg on determining the exact location for the plantings at the three Conservation areas. On a motion by Ms.Dohan and seconded by Ms.Ladd,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 6:44 PM 110 Hartwell Avenue restoration corrective action Ms.Mullins stated that as part of a building permit review,it was indicated on plans that sidewalks were being replaced,an entryway was being constructed,and other site disturbance was taking place,without approval from the Conservation Commission and within jurisdictional areas.Ms.Mullins met with the property owner at the site to discuss.A restoration proposal was submitted just prior to the meeting,and the property owner and/or a representative will present at the meeting on October 16,2023. Conservation Plan Modification/Insignificant Plan Change:18 Winthrop Road,CPM-23-17, CNOI-20-30,DEP#201-1200 On a motion by Mr.Hnatko 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 6:48 PM Conservation Plan Modification/Insignificant Plan Change:40 Fern Street,CPM-23-18, CDOA-22-19 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 6:50 PM Request for Certificate of Compliance:4 Demar Road,CNOI-20-30,DEP#201-1200 Mr.Peter Fordham and Ms.Susan Wolf-Fordham,property owners,presented an overview of their efforts to bring the site into compliance,including having the restoration plantings overseen by a wetland consultant as well as two landscape companies.Ms.Mullins stated that the only outstanding item for the Certificate request is that some landscape cultivars were planted instead of the required native species.Also,the area of the yard that was required to be restored around the shrubs is being maintained as mowed lawn.Mr.Beuttell stated that the property owner has made a good faith effort,and that the restoration area is relatively small,with limited ecological value based on size and configuration.He added that the cultivars that were planted do have some ecological value,and is willing to make an exception.Ms.Ladd noted that there is one native shrub that is planted close to the patio and outside the restoration area,and would like to see that shrub relocated into the restoration area.Mr.Fordham responded that he will cease mowing the restoration area and would prefer to see the one shrub relocated. On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 5-1 by roll call vote to issue the Certificate of Compliance,pending the relocation of the shrub to within the restoration area. Record of Vote as Follows: Duke Bitsko –Nay Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:05 PM Request for Certificate of Compliance:8 Paddock Lane,VPC#COC-23-18,DEP#201-1230, CNOI-21-29 (Partial) Ms.Mullins stated that the requested information has not yet been provided on the as-built plan. Request for Certificate of Compliance:72 Maple Street,COC-22-27,DEP#201-269,BL#1111 Ms.Mullins stated that the outstanding Order of Conditions is from the 1988 house construction, and the house was sold in 2021 which prompted the property owners to seek the Certificate of Compliance.Attorney Don Kaiser represents the estate of the previous late owners and was present at the meeting.Members of the Commission performed a site visit and noted that the Conservation Restriction (CR)line had been encroached upon and altered through the years,and a swing-set seems to be placed outside the original work limits and possibly on Conservation property.Mr.Kaiser said he received approval from Ms.Mullins to install Feno bounds instead of the originally required hedgerow to mark the limit of work boundary,however Ms.Mullins stated that she never approved the current location of the bounds. The Commission requests an updated plan that shows the boundary of the CR clearly demarcated,Feno bounds installed,and the current swing-set structure.Also,the CR has not yet been approved by the State,however Attorney Kaiser said comments were received two weeks ago,after submitting to the state over a year ago. Request for Certificate of Compliance:8 Peachtree Road,COC-21-16,DEP#201-384,BL#336 Members of the Commission visited the site prior to the meeting and witnessed knotweed starting to sprout,therefore the invasive plant treatment needs to continue.The Commission also noted that any restoration plants that did not survive need to be replaced,and all dumped materials (brush/landscape debris)need to be removed from the “No-Disturb”area. Request to extend the Order of Conditions for 1 year from 07/06/2024 to 07/06/2025;DEP# 201-1225,CNOI-21-22,EXTO-23-4 (North Street Pump Station) Ms.Mullins stated that the project team recently held a pre-construction meeting and the work should be starting soon,and will continue past the original expiration date. On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 6-0 by roll call vote to issue the Extension Permit. 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 Vote to Issue the Order of Conditions:4 Saddle Club Road,CNOI-23-22,DEP#201-1299 On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 6-0 by roll call vote to issue the Order of Conditions for 4 Saddle Club Road. 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 Approve Minutes:9/5/2023 and 9/18/2023 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 September 5,2023 meeting. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:44 PM 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 September 18,2023 subject to revisions. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:44 PM Schedule site visits:10/16/2023 meeting The site visits will take place on Saturday,October 14,2023 at 9:30 AM Straight Natives versus Cultivars in Restoration Areas Discussion The Commission discussed the recurring issue of property owners having landscape cultivars planted on their property instead of straight native species,as required per Orders of Conditions with restoration components.Ms.Mullins stated that this typically happens when a residential property owner is trying to purchase and plant the species themselves,instead of when the purchasing and planting is overseen by a consultant. The Commission reviewed a document prepared by Ms.Dohan,titled “What are Native Plants, and why does the Lexington Conservation Commission recommend them for wetland ecological restoration plantings”. Mr.Bitsko stated that the small nurseries don’t do a good job of selling native species,and property owners need to know where they can purchase the native species.Mr.Beuttell stated that it needs to be made clear which area of a property is an ecological restoration or landscaping project.Ms.Mullins stated that the Conservation Office does have a list of nurseries that sell native species and such items are reviewed with the project team during the pre-construction meeting.Mr.Bitsko said that he hasn’t come across an article that documents which nativars could be accepted in place of a straight native species.The ecological function of the species also comes into play when considering replacements or substitutions.The discussion will be continued at a future meeting. 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 None 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 Supplemental Documentation Submitted:None 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 October 16,2023 meeting at the applicants request. Record of Vote as Follows: Duke Bitsko –Aye Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:24 PM 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 8:25 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:10/30/2023 Archived:10/31/2023