HomeMy WebLinkAbout2023-10-16-ConCom-minPUBLIC MEETING MINUTES
Conservation Commission
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AGENDA Monday,October 16,2023,6:30 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),
and Ruth Ladd (not present:Jason Hnatko)
Staff Present:Karen Mullins,Conservation Director,and Meghan McNamara,Department
Assistant
6:30 PM
New Business/Pending Matters
Discussion on 110 Hartwell Avenue proposed corrective actions
Mr.Tim Power,Principal Engineer at PVI Site Design,presented to the Commission on behalf of
the property owner,JHM Lexington LLC.At the commercial site,existing sidewalks and
curbing were being replaced,and a concrete dumpster pad was removed.Staff notified the
property owner because this site work falls within protected resource areas.Mr.Power proposed
constructing a new trash enclosure in the same location with a new concrete pad,and a built-up
enclosure to provide some mitigation for stormwater management.A crushed stone perimeter is
also being proposed for the dumpster enclosure to capture just over 1-inch of runoff from the
area.The Commission requests the Engineering department review the proposal to ensure the
stone trench is appropriately sized.
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call
vote to approve the proposed corrective actions,pending approval of the stormwater
management system by the Engineering department.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
6:39 PM
Enforcement Compliance Update:14 Village Circle,discussion with property owner on pergola
structure within wetland buffer zone
Ms.Mullins stated that,through a previous enforcement order (2021),a landscaper had installed
a patio and cleared some of the restoration area.The property owner has since followed through
with the approved restoration plan,which involved increasing the setback with the patio,
installation of plantings,and installation of a stone trench along the outer edge of the patio.The
property owner is now requesting after-the-fact approval for the addition of a temporary canopy
structure on top of the patio.It was confirmed that the structure is smaller in footprint than the
patio,and is screwed into the pavers (no footings).
On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call
vote to approve the installation of the canopy structure and issue compliance for the previous
enforcement action,with a stipulation that if the canopy structure is removed that it cannot be
replaced.
Record of Vote as Follows:
Duke Bitsko –Aye
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
6:49 PM
Request for Certificate of Compliance:324 Marrett Road (Cumberland Farms),VPC#
COC-23-19,DEP#201-685,BL#642
Additional time is needed to perform a compliance review of this request.This will be continued
to the next meeting.
Mr.Bitsko left the meeting.
Request for Certificate of Compliance:99 Hancock Street (Diamond Middle School),VPC#
COC-23-21,CDOA-21-13
On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to issue a letter of compliance for the Negative Determination.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
6:51 PM
Request for Certificate of Compliance:453 Concord Ave (The Cotting School),VPC#
COC-23-20,DEP#201-1155,BL#1111
Additional follow up is necessary by the applicant and this will be continued to a future meeting.
Request for Extension to the Order of Conditions:0 Revere Street (Parker Meadow Conservation
Area),OpenGov Permit#EXTO-23-6,CNOI-20-23,DEP#201-1193
On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to approve the one-year extension request for the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
6:54 PM
Approve Minutes:10/2/2023
The Minutes were not ready and will be reviewed at the next meeting.
Schedule site visits:10/30/2023
The site visits will take place on Saturday,October 28,2023 at 9:30 AM.
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 she attended a Greenway Corridors Committee meeting earlier in the day,
and the main topic of discussion was what trails were feasible at the moment.
7:00 PM
New Public Meetings/Hearings
Notice of Intent:320 Concord Avenue
ViewPoint Cloud Permit#CNOI-23-23,DEP#201-1300
Applicant/Property Owner:Maria Veiga
Project:Raze and rebuild of a single-family dwelling within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted:
⎯Cover Letter,WPA For 3 application and attachments;Prepared by:Devon Morse,
Hancock Associates;Date:9/22/2023;
⎯Stormwater Report;Prepared by:Hancock Associates;Date:September 2023;
⎯Plans:Sheet C0 “Title Sheet”,Sheet C1 “Site Preparation and Erosion Control Plan”,C2
“Site Plan”and C3 “Detail Sheet”;Prepared by:Hancock Associates;Stamped and
signed by:Charles E.Wear,III,PE Civil No.37876;Date:9/21/2023;
⎯Photographs of site (4 pages);Not dated;
⎯Town Engineering Comments;Date:10/11/2023;
Ms.Devon Morse,Wetland specialist with Hancock Associates,and Mr.Jay Polakiewicz,
Project engineer,presented to the Commission.The eastern driveway was originally proposed to
be bituminous concrete and was revised to be permeable pavers.A crushed stone infiltration
trench was added to the lowest elevation end of the western driveway.
Questions and Comments from the Commission:
⎯Is there a shed in the southwest corner of the property?
⎯Can you relocate the erosion control closer to the work area?
⎯What stormwater treatments does the existing dwelling and driveway have?
⎯The shared driveway does not meet current zoning setbacks.
Responses from the Representative:
⎯It is the abutting property owner ’s shed.
⎯The property owner expressed that they want to plant more within the wetland buffer
zone,and also arborvitaes along the property line.A revised plan will be presented at the
next meeting that also includes the removal of a tree at the end of the concrete driveway.
⎯There is no stormwater treatment for the existing site.Most of the site,through gutters,
daylights onto the ground.The subsoils are pretty good,sandy soils.The infiltration
system will help cut down those peak rates.
⎯Not able to find a written agreement on record of the shared driveway.
Mr.Polakiewicz responded to abutter comments submitted in writing prior to the meeting from
Mr.Jeffrey Cheng,owner of 324 Concord Avenue.Mr.Cheng is concerned that the development
of 320 Concord Avenue will alter the flow of runoff onto his property that is downgradient and
leads to a drainage pipe close to his basement.Mr.Polakiewicz stated that the new construction
proposal is meeting the stormwater standards and that there should be less runoff when the
project is completed.Mr.Cheng was also present at the meeting and reiterated his concern for
the steep slope of the driveway.Mr.Polakiewicz stated that the proposed driveway will match
the existing slope,however they are proposing the infiltration trench at the end of the driveway
and removing the wall that currently directs driveway runoff to the shared property line.
Ms.Rena Maliszewski,owner of 310 Concord Avenue,is concerned about the tree removal
because the large tree is home to bats and birds,and she is also concerned about blasting of the
ledge.Ms.Morse responded that they do intend to plant a new tree and is open to discussion on
the species of the tree.Mr.Polakiewicz stated that there shouldn’t be much blasting since the
proposed house is slab on grade,and jackhammering will be used instead.He added that the
location of the house can’t move too much.
Mr.Steve Curtis,owner of 314 Concord Avenue,stated that he is concerned about the tree
removal because about one-third of the tree canopy is on his property.
On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 4-0 by roll call
vote to continue the hearing to the October 30,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
7:34 PM
Notice of Intent:9 Cliffe Avenue
ViewPoint Cloud Permit#CNOI-23-24,DEP#201-1301
Applicant:Lauren Mitchell,Bechtel Frank Erickson Architects
Property Owner:Elizabeth Higgins
Project:demolition of a detached one-car garage,construction of an addition,and relocation of
the driveway,within the 200-foot Riverfront Area
Documentation Submitted:
⎯WPA Form 3 Notice of Intent application;Prepared by:Lauren Mitchell,Bechtel Frank
Erickson Architects;Date signed:9/28/2023;
⎯Plans:Sheet C-1 “Title Sheet &General Notes”,C-2 “Site Preparation Plan”and C-3
“Proposed Site Plan”;Prepared by:Quetti Design Group;Stamped and signed by:Kevin
A.Quetti,PE Civil No.55455;Date:9/26/2023;
⎯Stormwater Mitigation Report;Prepared by:Quetti Design Group;Stamped and signed
by:Kevin A.Quetti,PE;Date:10/3/2023;
⎯Town Engineering Comments;Date:10/11/2023;
Mr.Kevin Quetti,project engineer,presented to the Commission.Ms.Elizabeth Higgins,
property owner,was also present.Ms.Higgins stated that a stormwater management system was
installed about 10 years ago to keep water away from the house,but it was not required through
any past permitting.
Questions and Comments from the Commission:
−How close is the driveway to the tree?Concerned about the root system.
−How do you know where the existing infiltration system is located?
Responses from the Representative:
−The minimum distance from the driveway to the center of the tree is 6 feet and it’s an
18-inch tree.Not sure what the current conditions of the roots are but I did my best to
keep the driveway as far from the tree as possible,and it’s only a 12-foot wide driveway.
−There are four downspouts on the side of the house where the existing infiltration system
is located and the homeowner is aware of the system's location because she had it
installed 10 years ago.
−Added a one-inch asphalt berm at the property line so the driveway runoff can be directed
towards the new catch basin.
Spot elevations will be required on the as-built plan to verify that driveway runoff is directed
towards the catch basin.
On a motion by Mr.Beuttell and seconded by Ms.Ladd,the Commission voted 4-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
7:42 PM
Continued 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
Previous Meeting Date:9/18/2023
Supplemental Documentation Submitted:None
On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to continue the hearing to the October 30,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
7:43 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
−Stormwater Report;Revised:10/10/2023;
−Site Plan;Revised:9/6/2023;
−Delineation Report;Prepared by:Leah Basbanes,Basbanes Wetland Consulting;Date:
9/25/2023;
Ms.Mary Trudeau,wetlands consultant,and Mr.Scott Henderson,project engineer,presented
the revisions made on the site plan.The paved and gravel driveway to the rear of the house is
proposed to be removed,a permeable paver driveway is proposed in the front of the house,a rain
garden is no longer being proposed,and the existing driveway that accesses the greenhouse is to
be narrowed.Ms.Trudeau presented the new wetlands line for the entire property as well as the
proposed mitigation area.
Questions and Comments from the Commission:
−Was the stormwater modeling done for the entire site?
−What are you planning to put in the planting mitigation area?
−Would like to see the Feno markers relocated but then they would be within the existing
lawn area.Want to make sure the homeowner is okay with letting the area beyond the
Feno markers go fallow.
Responses from the Representative:
−The stormwater analysis is limited to the front of the house.
−The proposed mitigation area will contain Witch Hazel,Highbush Blueberry,
Winterberry,Black Chokecherry,and Serviceberry
−I will discuss with the homeowner on the Feno marker locations and the edge of the lawn.
On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call
vote to continue the hearing to the October 30,2023 meeting at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
8:03 PM
On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 4-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell –Aye
Alex Dohan –Aye
Ruth Ladd –Aye
Phil Hamilton –Aye
8:08 PM
Respectfully Submitted,
Meghan McNamara
LUHD Department Assistant
Approved:10/30/2023
Archived:10/31/2023