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Home My WebLink About2024-02-26-ConCom-min PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, February 26, 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, Duke Bitsko, Alex Dohan, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd (Vice-Chair) and Tom Whelan Staff Present: Karen Mullins, Conservation Director and Amber Carr, Conservation Coordinator 6:30 PM New Business/Pending Matters Municipal Parcel 68-44, Lowell and North St., Elaine Tung *Heard out of Order from Agenda Ms. Elaine Tung, Chair of the Affordable Housing Trust (AHS) and Mr. Bill Erickson, Trustee of the AHS, presented an overview of Article 33 to be presented at the 2024 Annual Town Meeting. Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, provided comment of his own personal opinion, and not that of the Land Acquisition Subcommittee. Mr. Wyman stated that he dislikes seeing a natural area developed but recognizes the need for affordable housing in Lexington. He would prefer to see housing built on previously developed lots. Ms. Ladd asked if there were wetlands off property, in the southeasterly direction. Ms. Mullins responded that the location of wetlands in question is not in close proximity to this site. Mr. Bitsko stated he has concerns with the site access being so close to a traffic light. The Commission will prepare a statement to be voted on at an upcoming meeting. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to agree to provide a written statement at the next meeting with the consensus that a majority of the Commission will not object to the proposed use of the land. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Abstain Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye ATM Citizen’s Petition, Art. 40: Request to inform Commission about Art. 40, Integrated Pest Management Resolution, Marci Cemenska Ms. Marci Cemenska, resident, presented an overview of Article 40, a citizen petition to be presented at the 2024 Annual Town Meeting, regarding the use of certain rodenticides on town- owned properties. Ms. Cemenska. stated that cities and towns currently cannot restrict the use of rodenticides on privately-owned land, but hopes that this Article can work towards changing that in the future. Mr. Beuttell stated that he would like to know more about pest management on town-properties in more urban areas, such as schools or other facility buildings, and understand what the alternatives are to rodenticides are for such properties. Ms. Cemenska added that the warrant article provides for waivers in the case of public health emergencies. Mr. Bitsko asked who administers such chemicals on town properties. Ms. Cemenska responded that there are contracts by multiple town agencies with pest-control companies; however, this would be better answered by the Department of Public Works and Facilities. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to support Article 40. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye New Public Meetings/Hearings Notice of Intent: Minute Man Trail OpenGov Permit# CNOI-24-3, DEP # 201-1310 Applicant/Property Owner: National Park Service Project: accessibility improvements, comprised of resurfacing and drainage improvements within the 100-foot Buffer Zone to Bordering Vegetated Wetlands on the existing 6-mile-long stretch of the Minute Man Trail Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared by: Goldsmith, Prest, and Ringwall, Inc.; Date: 02/2024;  Stormwater Management Report; Prepared by: Goldsmith, Prest, and Ringwall, Inc; Date: 01/30/2024;  “Site Plan”; Prepared by: Goldsmith, Prest, and Ringwall, Inc; Stamped and Signed by: Nicholas M. Pauling, PE No. 47114; Date: 02/05/2024;  Long Term Pollution Prevention & Stormwater System Operation and Maintenance Report; Prepared by: Goldsmith, Prest, and Ringwall, Inc.; Date: 02/2024;  Conservation Commission Stormwater Calculation Waiver Request; From: Goldsmith, Prest, and Ringwall, Inc.; To; Lexington Conservation Commission; Date 02/01/2024;  Letter “Minute Man Historical Park – Trail Repair”; From: Simone Monteleone, Superintendent, Minute Man National Historical Park; Dated: 01/02/2024; Mr. Bruce Ringwall, Goldsmith, Prest & Ringwall, Inc., presented to the Commission. Ms. Michelle Schuber, National Parks Service, and Mr. Rob Schuster, Edward Paige Corporation, were also in attendance. Mr. Ringwall stated that the proposal is to upgrade portions of the trail that were last upgraded in 1997. Current conditions of the trail include overgrown vegetation, large swales and inadequate drainage. This proposal, with minor grading, would bring the trails back to their original widths and work would be done in the Spring and Summer 2024, with the th intent of work being completed before the 250 Anniversary of the Battle of Lexington. Mr. Ringwall reiterated that three waivers are being requested and are noted in the submitted waiver request letter. When asked about the duration of the use of staging areas during construction, Mr. Ringwall responded that roughly 6 miles of trails will be completed during the upcoming working season from about April to October. Various sections will be closed at different times and not for the entire duration of the summer. There are multiple events throughout the construction period that need to be factored into the timeline. Mr. Ringwall added that certain parking areas will only be locked when work is being performed in the specific area. On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 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 Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye New Business/Pending Matters, Continued Extension of the Order of Conditions: 3 Joseph Comee Rd, 201-1217, CNOI-21-13, AOOC-22- 7, One year from 5/27/24 to 5/27/2025 to allow for restoration activities to address compliance issues On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue an extension to the Order of Conditions to 5/27/2025. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Enforcement Restoration Plan: 3 Joseph Comee Rd, DEP 201-1217, CNOI-21-13, AOOC-22-7, approve corrective actions to address compliance issues on site Mr. David Cowell, Hancock Associates, presented the proposed restoration plan to the Commission. The property owner’s contractor performed work outside the scope of the Order of Conditions, including the construction of a brick walkway and retaining wall, vegetation removal, and depositing of fill into the wetland area. Mr. Cowell is proposing to restore the disturbed area beyond the retaining wall, and is asking permission to keep the retaining wall and brick walkway in place. Mr. Cowell stated that the pea stone driveway was also expanded but is outside the 100-foot wetland buffer zone. The retaining wall height was surveyed at the request of the Commission and it is no greater than 4 feet in height. Ms. Mullins stated that she witnessed the entire driveway be removed and reconstructed as a true pervious pavement driveway. Mr. Hamilton stated that the Commission would not have approved the construction of a retaining wall within the 50-foot buffer zone and is against allowing the wall to remain in place. Ms. Ladd stated that the contractor removed the erosion control and limit of work line without permission. Mr. Beuttell shared concern on the amount of fill placed over the root zone and what impact that will have to the health of the plantings. When asked what increase in impervious surface the brick walkway and retaining wall added, Mr. Cowell responded roughly 200 square feet from the walkway and another 200-250 square feet from the retaining wall. Mr. Bitsko stated that any tree plantings that are greater than 4 to 6 feet in height should be balled and burlapped and recommends fence protection to ensure long term success of the plants. Ms. Dohan stated that the retaining wall should be removed from within the 50-foot buffer zone. Mr. Cowell will perform a permeability test on the walkway. It is the same material as the driveway. Mr. Cowell will revise the restoration proposal and plan and resubmit new material to the Commission to review at their next meeting. Approve Minutes: 2/12/2024 On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to approve the Minutes of the 2/12/2024 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 251 Waltham Street, OpenGov # CNOI-24-1, DEP # 201- 1309 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 40 Sherburne Road, OpenGov # CNOI-23-33, DEP # 201- 1307 (*Request received 2/26/24 in writing by applicant to withdraw NOI without prejudice) On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the request of the applicant to withdraw the NOI without prejudice. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Schedule site visits: 3/9/2024 for 3/11/2024 Meeting The site visits will take place on 3/9/2024 at 9:30 AM Continued Public Meetings/Hearings Notice of Intent: 9 Young Street OpenGov Permit# CNOI-24-1, DEP File No. 201-201-1308 Applicant/Property Owner: James Patnaude, Avatar Construction, Inc. Project: Raze and rebuild single-family dwelling and associated site appurtenances. Portions of activities are located within the BZ to BVW. Erosion controls, stormwater management, invasive species management, and BZ revegetation proposed. Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared by: Rich Kirby, LEC Environmental; Date: 01/23/2022;  Invasive Species & Buffer Zone Restoration Planting Plan; Prepared by: LEC Environmental; Date: 01/19/2024;  “Site Plan of Land” and “Site Details”; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 01/18/2024; Revised 01/27/2024;  Stormwater Management Report; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 01/18/2024;  “Tree Plan”; Prepared for James Patnaude, 9 Young Street; Prepared by: Daniel E. Cathcart, Registered Consulting Arborist – Plant Healthcare Consultants, Inc.; Date 01/15/2024  No supplemental information submitted by 2/20/24 deadline, or as of 2/22/24, for 2/26 Previous Meeting Dates: 2/12/2024 (continued without testimony) *Note: Applicant requested a hearing continuance from 2/26 to 3/11/2024 On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing to the 3/11/2024 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye 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 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; Previous Meeting Dates: 10/30/23; 11/27/23; 12/11/23; 1/2/24, 1/29/24, 2/12/24 *Note: Applicant requested a hearing continuance from 2/26 to 3/11/2024 On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to the 3/11/2024 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Reports: 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 On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Philip Hamilton – Aye Jason Hnatko – Aye Tom Whelan – Aye Respectfully Submitted via Video Recording, Meghan McNamara LUHD Planner Approved: 3/11/2024 Archived: 3/19/2024