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Home My WebLink About2024-01-02-ConCom-minPUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday,January 2,2024,6:30 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),Jason Hnatko, and Ruth Ladd (Vice-Chair);Not present:Duke Bitsko Staff Present:Meghan McNamara,Department Assistant 6:30 PM New Business/Pending Matters Request for Certificate of Compliance:3 Patterson Road,OpenGov#COC-23-34,DEP# 201-1150,BL#1106 Staff have notified the applicant/contractor of outstanding items not shown on the as-built plan and this will be continued until the request information has been provided. Request for Certificate of Compliance:160 Lincoln Street,OpenGov#COC-23-35, DEP#201-1081,BL#1038 (Full) Additional time is needed for staff to complete a review of this request for Certificate of Compliance. Request for Certificate of Compliance:140 Marrett Road,DEP#201-1130,BL#1087 On a motion by Ms.Ladd and seconded by Ms.Beuttell,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 Philip Hamilton –Aye Jason Hnatko –Aye 6:34 PM Request for Certificate of Compliance:181 Marrett Road,COC-23-36,DEP#201-1245, CNOI-21-42 Mr.Richard Kirby,LEC Environmental,stated that the approved restoration planting plan was installed under his supervision as part of the Certificate of Compliance request.He stated that there was an area of the property that was encroaching onto the abutting town-owned property. The applicant had originally restored this area to lawn grass,however staff met on site and following this visit,the previously encroached area was removed and native seed mixture was applied.Mr.Kirby presented photo evidence to the Commission. On a motion by Ms.Ladd and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance,pending a favorable compliance review by Ms. Mullins. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 6:41 PM Request for Certificate of Compliance:18 Peacock Farm Road,COC-23-33,DEP#201-1222, CNOI-21-16 Additional time is needed for staff to complete a review of this request for Certificate of Compliance. Renew Waltham Street and Hayden Woods Agricultural License Agreement with Dennis Busa for 2024 and 2025 calendar years The Commission requested a history of the fees charged to Mr.Busa for the agricultural licenses at the two sites.Staff will provide this information at the next meeting. Request for expenditure of up to $7,500 from the Lexington Nature Trust Fund to purchase the 2024 Pollinator Planting Kits On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to approve the expenditure of up to $7,500 from the Lexington Nature Trust fund to purchase the 2024 Pollinator Planting Kits. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 6:47 PM Approve Minutes:10/30/2023,11/27/2023 and 12/11/2023 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 October 30,2023 meeting. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 6:48 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 November 27,2023 meeting. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 6:49 PM The Minutes of the December 11,2023 meeting were not ready and will be voted on at the next meeting. Schedule site visits:1/16/2024 The site visits will take place on Saturday,January 13,2023 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.McNamara announced that on January 16,2023 she will be transferring to the Planning Office as the new Planner. The Commission voted to continue the hearing for 149-151 Old Spring Street to the January 16, 2024 meeting,at the applicant’s request,out of order,for consideration of the audience members. 7:00 PM New Public Meetings/Hearings Notice of Intent:12 Cedar Street OpenGov Permit#CNOI-23-30 (Local Bylaw Only) Applicant/Property Owner:Katy Finkenzeller Project:demolish the existing detached garage and portions of the existing single-family dwelling,and construct a new detached garage and addition to the existing dwelling,within the 100-foot buffer zone to Isolated Vegetated Wetland Documentation Submitted: ⎯Topographic Plan of Land;Prepared by:Stamski and McNary,Inc.;Date last revised: 1/20/2023; ⎯Stormwater Management Plan;Prepared by:Stamski and McNary,Inc.;Date last revised: 12/19/2023; ⎯Proposed Site Plans and attachments; ⎯Notice of Intent applications;Prepared by the Property Owner:Katy Finkenzeller; This hearing was opened out of order and at the end of the Public Meeting,to accommodate scheduling conflicts with the applicant. Ms.Katy Finkenzeller,owner of 12 Cedar Street and Registered Architect,presented to the Commission.The project site was issued an Order of Resource Area Delineation in February 2023,confirming the boundary of the Isolated Vegetated Wetlands to the rear of the dwelling. Mr.Nathaniel Cataldo,project engineer with Stamski &McNary,presented the proposed stormwater management for the project site.The proposed garage falls within the side yard setback,and Ms.Finkenzeller will be applying for a special permit with the Zoning Board of Appeals soon. Questions and Comments from the Commission: −The proposed planting plan shows a pathway within the wetland area,is that path proposed or existing?Would have difficulty approving the current plan as proposed. Would like to see the wetland area and buffer zone in close proximity re-naturalized −Is there a reason why you’re not proposing to restore the entire area within the 25-foot buffer zone?Also,not seeing any Feno markers on the plans. −An addition may create a setback less than 50 feet from the protected resource area, provided that the proposed setback is no less than that from the part of the existing structure that is closest to the protected resource area. −It was suggested that the location of the garage be adjusted slightly to get the corner out of the 50’buffer and still maintain the side-yard setback. Responses from the Property Owner: −The stone path on the site plan is existing. −Trying to keep some usable lawn within the 25-foot buffer zone and that is why a lawn area is being proposed.There are wetland flags in the field but perhaps no Feno markers proposed on the plan.Will take a look into that for the next meeting. −The overhang of the house addition extends approximately 4 inches into the 50-foot buffer zone,and it’s the depth of the gutter.The number of steps on the egress stairs is required per building code,otherwise would have to grade the site to eliminate steps. On a motion by Ms.Dohan and seconded by Mr.Beuttell,the Commission voted 5-0 by roll call vote to continue the hearing to the January 29,2024 meeting at the applicant’s request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 7:41 PM Continued Public Meetings/Hearings Notice of Intent:107 Blossomcrest Road OpenGov Permit#CNOI-23-29,DEP#201-1304 Applicant/Property Owner:Gautam Naik and Pallavi Vartak Project:raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Previous Meeting Date:12/11/2023 Supplemental Documentation Submitted: ⎯Site Plan;Date revised:12/27/2023 ⎯Acknowledgement Letter from the Contractor;Date:12/23/2022; Ms.Mary Trudeau,wetlands consultant,informed the Commission that a DEP filing number was issued since the previous meeting.The applicant is proposing to plant six shrubs and one large tree within the 25-50-foot buffer zone,and has slightly shifted the foundation of the proposed dwelling to be 52.9 feet from the edge of the wetland line.The Commission did not have any comments or questions. On a motion by Mr.Beuttell 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 Philip Hamilton –Aye Jason Hnatko –Aye Notice of Intent:2 Farm Road (formerly 4 Lillian Road) OpenGov Permit#CNOI-23-28,DEP#201-1306 Applicant/Property Owner:Charles DeFrancesco,4 Lillian LLC Project:construction of a driveway to access a new single-family dwelling along with site grading and landscaping activities within the 100-foot buffer zone from Bordering Vegetated Wetlands and within 100-foot buffer zone from Bordering Land Subject to Flooding Previous Meeting Date:11/27/2023 and 12/11/2023 *Vote to issue the Order of Conditions if the hearing is closed on 1/2/2024 Supplemental Documentation Submitted: ⎯Stormwater Operation and Maintenance Plan;Date revised:12/27/2023; ⎯Site Plan;Prepared,stamped and signed by:Frederick W.Russell;Date last revised: 12/27/23; Ms.Mary Trudeau,wetlands consultant,stated that since the previous meeting,a test pit was conducted within the area of “Proposed Infiltration System-2”and reviewed by Town Engineering staff with favorable comments.The site plan was also revised to include the proposed planting of three large oak trees.The Commission did not have any comments or questions. On a motion by Ms.Ladd and seconded by Mr.Beuttell,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 Philip Hamilton –Aye Jason Hnatko –Aye 7:07 PM 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 Supplemental Documentation Submitted: ⎯Drainage Calculations and Stormwater Management Plan;Prepared by:McKenzie Engineering Group;Stamped and signed by:Bradley C.McKenzie,PE Civil No.36917; Date last revised:12/20/2023; ⎯Site Development Plan;Prepared by:McKenzie Engineering Group;Stamped and signed by:Bradley C.McKenzie,PE;Date last revised:12/20/2023; Voted on previously during the meeting: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 January 16, 2024 meeting at the applicants request. Record of Vote as Follows: Kevin Beuttell –Aye Alex Dohan –Aye Ruth Ladd –Aye Philip Hamilton –Aye Jason Hnatko –Aye 6:55 PM On a motion by Mr.Beuttell and seconded by Ms.Dohan,the Commission voted 5-0 by roll call vote to adjourn the meeting. 7:41 PM Respectfully Submitted, Meghan McNamara LUHD Department Assistant Approved:1/16/2024 Archived:1/17/2024