The URL can be used to link to this page

Home My WebLink About2023-11-13-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday,November 13,2023,6:30 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,Alex Dohan,Philip Hamilton (Chair),Ruth Ladd (Vice-Chair)and Jason Hnatko Not present:Duke Bitsko Staff Present:Karen Mullins,Conservation Director,Amber Carr,Conservation Coordinator, and Meghan McNamara,Department Assistant 6:30 PM Executive Session,Exemption 6:Consider Purchase,Exchange,Lease or Value of Real Property –Sousa Parcels (72-245,72-246)*Continued to the 11/27/2023 Conservation Commission Meeting The Chair of the Land Acquisition Subcommittee was not available and the discussion will be continued to a future meeting. New Business/Pending Matters Land Acquisition Subcommittee Recommendation to the Conservation Commission:Widnall property (22-63,22-140),Request land planning and appraisal due diligence funds from Community Preservation Committee *Continued to the 11/27/2023 Conservation Commission Meeting The Chair of the Land Acquisition Subcommittee was not available and the discussion will be continued to a future meeting. LUPA 23-10 Drone usage on Conservation land for land management purposes Ms.Carr and Mr.Jeff Howry,Conservation Steward,presented the request to the Commission. Ms.Carr stated that,in response to the Conservation Division being awarded $100,000 from the Participatory Budget process,the funds will be used to focus on meadow management of five Conservation properties.Conservation Stewards brought up the idea to use drones to record imagery of the properties both before and after the meadow management.Mr.Howry stated that drone transects will capture vertical imagery of the property,and ideally the photographs would be taken four times a year,or seasonally.Members of the Commission support the use of drones for this purpose,as well as the importance of notifying abutters and providing proper notification to users of the Conservation land.The Commission would like to evaluate the use of drones further before approving on a permanent basis,but generally support this specific project.Ms. Carr will modify the draft policy document she developed to address concerns of the commission members. Conservation Plan Modification/Insignificant Plan Change Request:29 Pearl Street,OpenGov Permit#CPM-23-19,DEP#201-820,BL#778 Mr.David Sperduto,wetland consultant,presented the change request to the Commission on behalf of the new owners of the property.Ms.Mullins asked if any filling took place within the floodplain.Mr.Sperduto responded that some filling took place on the southerly (plan left)side of the walkway,though not a lot,and he doesn’t think it took place within the 100-year floodplain.Members of the Commission agreed that since the walkway is over 100 square feet and not a porous pavement that this should be subject to the performance standards and reviewed under the Amended Order process.Mr.Sperduto will continue the discussion with staff and prepare an Amendment to the Order of Conditions request. Approve MWRA Access License Agreement for Jerry Cataldo and Leary Conservation Areas On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to approve the MWRA Access License Agreement for Jerry Cataldo and Leary Conservation Areas. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:14 PM Vote to issue the Order of Conditions:28 Reed St,OpenGov Permit#CNOI-23-21,DEP# 201-1298 Ms.Mullins stated that the property owner is working with a local consultant to prepare the required invasive management planting plan,and it should be ready within a month.Staff will review the management plan during the pre-construction process. On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:15 PM Vote to issue the Order of Conditions:320 Concord Avenue,OpenGov Permit#CNOI-23-23, DEP#201-1300 The Commission will add a condition that the proposed ash tree plantings be replaced with hardwood species,preferably oaks,and that the project shall comply with the tree bylaw standards. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:16 PM New Public Meetings/Hearings 9 Carnegie Place:Request for Determination of Applicability OpenGov Permit#CDOA-23-14 Applicant:Austin Lee Property Owner:Lee Family Irrevocable Trust Project:demolition of an existing deck and construction of a larger sized deck within the 100-foot buffer zone to Bordering Vegetated Wetlands Mr.Austin Lee,applicant and property owner,presented his request to demolish the existing wood deck at his property and construct a larger sized deck.Ms.Ladd asked if a plan showing the distance to the resource area would be required and Ms.Mullins responded that the proposed deck is clearly outside of the 50-foot buffer and is within existing lawn area so it meets the minor projects criteria. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to issue a Negative Determination with conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:22 PM 21 Hathaway Road:Notice of Intent OpenGov Permit#CNOI-23-26 (Bylaw only) Applicant:Dalfior Development Inc. Property Owner:21 Hathaway Road,LLC Project:minor site grading and installation of an infiltration system associated with the construction of a single-family dwelling within the 100-foot buffer zone to an Isolated Vegetated Wetland Mr.Michael Novak,project engineer with Patriot Engineering,presented to the Commission.Mr. Novak stated that,following the Commission’s site visit,the plan was updated to include the planting of 10 native sapling oak trees and a landscape wall to save a 26-inch tree in the rear yard.Members of the Commission appreciated the changes to save a few trees,however wish that more was done to save the large trees,even if outside the Commission’s jurisdiction. Mr.Stewart Levine,owner of 19 Hathaway Road,stated that there are seven dead trees and one diseased tree on this property along the side property line ,and asked if there were any plans to remove these trees.Ms.Mullins responded that the tree bylaw only applies to trees that are within the setback area,however if any of these trees are removed within the wetland buffer zone then they would need to be replaced. Mr.Bruce Kaser,owner of 20 Hathaway Road,shared his concern that the removal of trees along the property boundary of the entrance to Willard's Woods would thin out any natural separation from the dwelling,and asked that as many trees as possible be saved.Mr.Kaser also asked how such a large proposed dwelling footprint can be in compliance with local bylaws when it is proposed so close to a wetland,and asked if a fence is going to be installed around the property. Mr.Hamilton responded that the Conservation Commission does not have any authority over the size of the house and such regulations fall under the Zoning bylaw.Mr.Novak responded that there is no proposal for a fence at this time,and the goal is to sustain the natural buffer along shared property lines by saving some of the larger trees. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 7:42 PM 47 Winthrop Road:Notice of Intent OpenGov Permit#CNOI-23-27,DEP#201-1303 Applicant/Property Owners:Wenjie Hu and Xiaopeng Gong Project:construct an addition and deck off the rear of a single-family dwelling,and hazard tree removal,within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Mr.Richard Kirby,LEC Environmental,and Mr.Michael Novak,Patriot Engineering,presented to the Commission.The property owners hired a certified Arborist to assess the diseased and dying trees on the property.Mr.Kirby stated that the driveway may be damaged during construction and if so,the existing driveway will be milled and overlaid if necessary,within the same dimensions.Mr.Beuttell stated that the tree report appears to be based on a quick visual assessment by the arborist and it is not clear what the level of risk is for some of the trees.Mr. Kirby responded that he will talk with the arborist about the risk of the trees and report back to the Commission. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to continue the hearing to the November 27,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:04 PM 10 Maguire Road:Request for Determination of Applicability OpenGov Permit#CDOA-23-15 Applicant:Greatland Realty Partners Property Owner:SRE Flag,LLC Project:Install new paved truck loading area in existing landscaped strip behind Bldg 3 with scissor lift loading dock,recessed pit area,concrete sidewalk ramp,concrete walls,covered roof area and stand-alone subsurface infiltration system without a drainage connection to existing drainage infrastructure. Mr.Carlton Quinn,Allen &Major Associates,presented to the Commission.Comments were received by the town Engineering department shortly before the meeting.Mr.Quinn stated that he did provide a response,however,Engineering staff could not provide updated comments before the meeting. On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to continue the hearing to the November 27,2023 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:12 PM Continued Public Meetings/Hearings Request for Determination of Applicability:149-151 Old Spring Street (Chinese Bible Church of Greater Boston) OpenGov Permit#CDOA-23-12 Applicant/Property Owner:Chinese Bible Church of Greater Boston Project:connection to the municipal drainage system associated with construction of a new building Previous Meeting Date:10/30/2023 *Applicant requested a continuance of the meeting until 11/27/23 On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to continue the hearing to the November 27,2023 meeting at the applicants request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:12 PM Notice of Intent:22 Wyman Road OpenGov Permit#CNOI-23-25,DEP#201-1302 Applicant/Property Owner:Robert S.Burge,Lexington Development Realty Trust Project:raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date:10/30/2023 Ms.Mary Trudeau,wetlands consultant,presented to the Commission.Ms.Trudeau stated that the proposal has been revised to include 4,700 square feet of wetland restoration,as well as a split rail fence,and Feno bounds along the existing hydric soil line. Questions and Comments from the Commission: −Is there an updated list of quantities of shrubs to be planted within the expanded restoration area? −Don’t have any issues with the number of plants being proposed,but want the ground to be seeded.Perhaps the sod will need to be stripped. −You are proposing Feno markers along the wetlands line but within the lawn area,and that is implying that the area beyond the Feno markers could be mowed. −Could install Feno markers at the wetland line that is close to the property line and label them differently than the markers that would go along the split-rail fence line. Responses from the Representative: −We are proposing that 39 trees and shrubs be planted in the restoration area. −Could propose two Feno markers at the property lines that intersect with the wetland boundary that have different wording,such as “hydric soil line”and have the more traditional wording on the Feno markers along the fence. Ms.Mullins commented that both Cultec and MassDEP advise at least a 10-foot offset from building foundations to infiltration systems.Ms.Trudeau responded that the project engineer said this offset does not apply because the proposed dwelling will have a frost wall and a walkout basement.The Commission will condition that an impermeable membrane be installed along the edge to push water downward and away from the foundation wall. On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:26 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:8/7/2023,8/21/2023,10/16/2023 and 10/30/2023 Favorable comments were received from the Engineering Department.Ms.Ladd stated that she has concerns regarding the Feno markers proposed in front of the greenhouse,because access to the greenhouse is beyond the Feno markers.Ms.Mullins stated that the intent of these Feno markers is to indicate the no-mow line,and proposed that the location of these Feno markers be approved in the field by staff.The Commission was amenable to this approach. On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:34 PM New Business/Pending Matters,Continued Vote to issue Amendment to the Order of Conditions:4 Peacock Farm Rd,OpenGov Permit # AOOC-23-6,DEP#201-1297,CNOI-23-13 On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to issue the Amendment to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:35 PM Vote to issue Amendment to the Order of Conditions:609 Waltham St,OpenGov Permit# AOOC-23-7,CNOI-21-19,DEP#201-1224,AOOC-21-8,AOOC-22-6 On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to issue the Amendment to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:36 PM Vote to issue an Extension to the Order of Conditions:25 Peacock Farm Rd,OpenGov Permit # EXTO-23-7,DEP 201-1188,CNOI-20-16,extend one year from 11/4/2023 to 11/4/2024 On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 5-0 by roll call vote to issue the Extension to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:37 PM Vote to issue an Extension to the Order of Conditions:35 Peacock Farm Rd,OpenGov Permit # EXTO-23-8,DEP 201-1210,CNOI-21-4,extend one year from 8/4/2024 to 8/4/2025 Ms.Mullins stated that the building permit was only issued today and the project will not be finished within the next year. On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to issue the Extension to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:38 PM Request for Certificate of Compliance:3 Brent Road,VPC#COC-23-26,DEP 201-781,BL 741, 3/10/10 (Full) Mr.Aleksandr Chongris,project engineer,stated that he performed a confirmatory test pit as required per the Order of Conditions.He also stated that the owners did install a shed on the property,and a stone drip edge will be installed to capture any roof runoff. On a motion by Ms.Ladd and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance,pending a satisfactory compliance site visit by Ms. Mullins after the stone drip trench is installed. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:42 PM Request for Certificate of Compliance:20 Woodpark Circle,VPC#PCOC-23-27,DEP 201-1263,CNOI-22-14,9/20/22 Ms.Mullins stated that the as-built plan is missing some elevations and pipe connections,but this can be added easily,and she requests the Commission vote to issue the Partial Certificate of Compliance. On a motion by Ms.Dohan and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call to issue the Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:43 PM Request for Certificate of Compliance:4 Alcott Road,OpenGov#COC-23-22,DEP#201-838, BL#796 (Full) and Request for Certificate of Compliance:4 Alcott Road,OpenGov#COC-23-23,CNOI-22-32 (Bylaw only)(Full) On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance for both Orders of Conditions for 4 Alcott Road. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:49 PM Request for Certificate of Compliance:6 Blinn Road,OpenGov#COC-21-13,DEP#201-1126, BL#1083 (Full) On a motion by Ms.Dohan and seconded by Ms.Ladd,the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:51 PM Request for Certificate of Compliance:2 Stratham Road,OpenGov#PCOC-23-25,DEP# 201-1259,CNOI-21-11 Ms.Mullins stated that follow-up is needed from the project engineer,but that the plantings look satisfactory. Request for Certificate of Compliance:443 Lincoln Street (Hobbs Brook Lane),ViewPoint Cloud#COC-22-29,DEP#201-1101,BL#1058 (Full) On a motion by Mr.Beuttell and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:55 PM Vote to approve 2024 Conservation Commission meeting calendar On a motion by Ms.Ladd and seconded by Mr.Hnatko,the Commission voted 5-0 by roll call vote to approve the 2024 meeting calendar. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Aye 8:56 PM Reorganization of the Conservation Commission On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 to re-elect Mr. Hamilton as Chair of the Conservation Commission. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Jason Hnatko –Aye Phil Hamilton –Abstain from vote 8:59 PM On a motion by Mr.Hnatko and seconded by Ms.Dohan,the Commission voted 4-0 to re-elect Ms.Ladd as Vice-Chair of the Conservation Commission. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Abstain from vote Jason Hnatko –Aye Phil Hamilton –Aye 8:59 PM Mr.Tom Whelan,who has been participating in site visits and attending many meetings,stated that he would like to apply to be a Commissioner,and no longer apply to be an Associate Member. Mr.Hnatko left the meeting at 9:01 PM Schedule site visits:11/18 for the 11/27 meeting The site visits will take place on November 18,2023 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 Mr.Beuttell stated that the Community Preservation Committee (CPC)met last Thursday and discussed the status of upcoming funding requests and projects.He said that up until now,the CPC has been able to say yes to most projects,but that is going to change moving forward as affordable housing is becoming a top priority for the town.Mr.Beuttell was asked to provide some type of a response for the CPC in regards to how impacted the Conservation Commission would be if project funding would need to be sourced from outside of the CPC. Ms.Mullins stated that there are no Fiscal Year 2025 CPC funding requests for the Conservation Division due to a backlog of projects.The Concord Avenue Land Management Planning will require expensive but necessary surveying of the property boundaries.The estimated costs of the Willard's Woods project are escalating and staff want to avoid asking the CPC for supplemental funds and hope to receive grant funding instead. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 4-0 by roll call vote to adjourn the meeting. 9:15 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:11/27/2023 Archived:11/28/2023