HomeMy WebLinkAbout2024-03-11-ConCom-min
PUBLIC MEETING MINUTES
Conservation Commission
Meeting broadcasted by LexMedia
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AGENDA Monday, March 11, 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), Ruth Ladd
(Vice-Chair) and Tom Whelan; Not present: Duke Bitsko and Jason Hnatko
Staff Present: Karen Mullins, Conservation Director and Megan Downer, Department Assistant
6:30 PM
New Business/Pending Matters
Approve Conservation Commission Statement regarding Annual Town Meeting (ATM) Art. 33
During the 2/26/2024 meeting, 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. Mr. Charlie Wyman, Chair of the Land Acquisition
Subcommittee, Ms. Mullins, and Mr. Hamilton prepared a statement to accompany the vote. Mr.
Hamilton commented that a change to the language in the statement’s second paragraph to a
statement of historical fact was necessary. Mr. Hamilton also stated that the language in the
statement seemed to take a position on the Article and suggested a language change to remove
specific sites referenced in the draft. Mr. Whelan proposed the removal of the introductory clause
and for it to be placed in the bulleted reasons in order to make their statement clear. The
commission agreed to change the statement to be “is supportive of”.
On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue the statement in support of ATM Article 33.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
6:55pm
Request for expenditure from the Lexington Nature Trust Fund for Field Mowing of Chiesa
Farm
Ms. Mullins presented this request and stated that it is to manage the Chiesa Farm property,
which is managed through the Trust Funds, and thus not within the annual budget. A site visit
will be conducted as requested by the Stewards of the Chiesa Farm.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll
call vote to support the request for expenditure.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
6:58pm
New Public Meetings/Hearings
Notice of Intent: 65 Winter Street
OpenGov Permit# CNOI-24-4, DEP File No. 201-1313
Applicant/Property Owner: Lexington Department of Engineering/Frank Infelise
Project: construction of stormwater management improvements, including installation of a water
quality unit and a new municipal separate storm sewer system outlet, within the 100-foot Buffer
Zone to Bordering Vegetated Wetlands
Documentation Submitted:
Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared
by: Environmental Partners Group, LLC; Date: 02/20/2024;
Stormwater Management Report; Prepared by: Environmental Partners Group, LLC;
Date: 02/20/2024;
“Drainage Improvements Plans”; Prepared by Environmental Partners Group, LLC;
Date: 02/2024;
Engineering Comments Date: 3/6/24
NRCC Extreme Precip Table
Mr. Matt Weisman, Senior Civil Engineer and project manager of the property, Lexington
Engineering, presented to the Commission. Mr. Eric Kelly, Engineering consultant was also in
attendance. Mr. Weisman stated that the proposal is to address drainage issues on Winter Street,
impacting the property at 65 Winter Street. The current conditions reflect surcharging in the
catch basin in front of the property, causing drainage flow onto the property. Mr. Kelly stated the
project plan, with 10ft of grade change, is to intercept the existing town drain beginning uphill
from Magnolia Street and put a doghouse utility access port on top of the drain to create a new
relief drain running down the existing utility easement.
No comments or questions from the Commission.
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
Tom Whelan – Aye
7:05pm
Notice of Intent: 6 Vaille Avenue
OpenGov Permit# CNOI-24-5, DEP File No. 201-1311
Applicant/Property Owner: Rebecca O’Brien
Project: restoration of Bordering Vegetated Wetlands, via removal of lawn grass and installation
of native species
Documentation Submitted:
Abbreviated Notice of Intent Application; Date: 02/15/2024;
“Planting Plan”; Prepared by: Holly Samuels CLD; Date: 09/08/2023; Revised:
09/28/2023, 02/02/2024, 03/06/2024
“Site Preparation Plan”; Prepared by: Holly Samuels CLD; Date: 02/02/2024;
Wetland Resource Map; Prepared by: Holly Samuels CLD; Date: 02/02/2024;
“Plant List”; Prepared by: Holly Samuels CLD; Date: 09/08/2023; Revised: 09/28/2023,
03/06/2024
“Layout Plan”; Prepared by: Holly Samuels CLD; Date: 02/02/2024;
Ms. Holly Samuels, landscape designer for this property, presented to the Commission. Ms.
Samuels stated that the proposal is for a planting plan in the backyard lawn of the property which
is abutting a small stream. Ms. Samuels also stated the proposal is to install native plant species
to correct the issue of the water from the abutting stream that has been collecting in the lawn.
The area is very wet. There are invasive species present, as stated by Ms. Samuels, that will be
cut, removed and treated with herbicides to prevent growth.
Ms. Mullins questioned what herbicide will be used. Ms. Samuels stated the herbicide product
would be AquaNeat, which is a wetland approved product applied to the cut stumps to prevent
further growth. Ms. Samuels also stated Triclopyr might be applied instead, depending on the
growing season the proposal is implemented in and will be applied by Ms. Samuels, a licensed
applicator.
On a motion by Ms. Dohan and seconded by Mr. Whelan, 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
Tom Whelan – Aye
7:11pm
Notice of Intent: 237 Bedford Street, DEP File No. 201-1312
OpenGov Permit# CNOI-24-6
Applicant/Property Owner: Monica and Victorien Ndounou
Project: construction of an addition and deck off the rear dwelling façade and associated site
appurtenances within the 200-foot Riverfront Area and within the 100-foot Buffer Zone from
Bank and Bordering Vegetated Wetlands
Documentation Submitted:
Notice of Intent Application and Wetland Resource Area Analysis and Report; Prepared
by: Norse Environmental Services, Inc.; Date: 02/2024;
Stormwater Management Report; Prepared by: Sullivan Engineering Group, LLC; Date:
02/20/2024;
“Site Plan”; Prepared by: Sullivan Engineering Group, LLC; Stamped and Signed by:
John Sullivan, PE No. 41588; Date: Undated
“Extreme Precipitation Table; Extreme Precipitation Estimates”; Prepared by Northeast
Regional Climate Center; Date: 3/14/2022
Revised Site Plan, Date: 3/2/2024
Planting Plan Letter, Date: 3/4/24
Engineering Comments Date: 3/7/24
Ms. Maureen Herald, Norse Environmental Services, presented to the Commission. Mr. Jack
Sullivan, Sullivan Engineering Group LLC, was also in attendance. Ms. Herald stated that the
proposal will result in an overall improvement of the Riverfront Area, by removing a portion of
the impervious area of the current driveway and replacing it with shrub plantings and accessible
lawn area, and install a pervious parking space near Bedford Street. She also stated that the
proposal consists of permanent demarcation for the Riverfront Restoration Area. Ms. Herald
requested an exemption from the Commission’s usual Buffer Zone requirements for the work
proposed within both the 25 feet Buffer Zone and 50 feet Buffer Zone, because the current house
and driveway are already nonconforming. Mr. Sullivan stated that he will provide a soil test, a
predevelopment stormwater scenario, and an O&M plan.
Questions and Comments from the Commission:
- What is the method of removal intended for the invasive species removal?
- Given the close proximity to the brook, would it be possible to dig the test holes in the
near future?
- The water runoff collection will only be from the proposed additions, was it considered to
take all of the roof runoff?
- Will the driveway runoff onto the lawn or be collected in the infiltration system?
- The existing patio is less than 10 feet in proximity to the brook and wetland. Could the
pavement proposed be relocated further away from this area? The existing house is
nonconforming and the proposal is also nonconforming, could there be improvements in
the plan to minimize the area of non-conformance?
Responses from the Representative:
- Within the area of restoration, cut the barberry in the area and cut the bittersweet present
at the base. No herbicide applications are being proposed unless The Commission finds it
to be necessary.
- Yes, the test holes can be dug soon.
- No, this was not considered due to the current plan proposing a large reduction in
stormwater runoff from the roof and meets the stormwater requirements.
- The driveway will runoff into the lawn only.
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 3/25/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
Continued 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.; Stamped By:
George Dimarkakos, CE No. 41281, and Joseph March, Land Surveyor No. 36384; Date;
12/19/2023; Revised; 01/02/2024, 02/23/2024
Notice of Intent applications; Prepared by the Property Owner: Katy Finkenzeller;
Engineering Comments Date: 12/28/2023
NRCC Extreme Precipitation Tables Date: 01/02/2024
Supplemental Documentation Submitted:
Proposed Site Plans and attachments; Date: 02/27/2024
Stormwater Management Plan; Prepared by: Stamski and McNary, Inc.; Stamped By:
George Dimarkakos, CE No. 41281, and Joseph March, Land Surveyor No. 36384; Date;
12/19/2023; Revised; 01/02/2024, 02/23/2024
Previous Meeting Date: 1/2/2024, 1/29/2024
Ms. Katy Finkenzeller, property owner, presented to the Commission. Since the previous
meeting date of 1/29/2024, Ms. Finkenzeller met with the Zoning Board of Appeals (ZBA) to
address the adjustments requested. Ms. Finkenzeller stated the proposed plan was adjusted within
the 50-foot buffer zone due to extreme grading on the side of the property. She also stated the
proposed garage is still significantly within the buffer zone and the proposed addition would
have roof overhang within the 50-foot Buffer Zone. Ms. Finkenzeller also stated that the
wetlands on the property have received markers for permanent demarcation.
The Commission has requested an updated engineering letter, the detail of the drip edge, whether
it is used for stormwater management, and a plan showing the Feno markers, along with
clarifying any stone removal. The hearing cannot be closed without approval from the ZBA. Ms.
Finkenzeller has a continued hearing with the ZBA on 3/28/2024.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to continue the hearing to the 4/8/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
7:46pm
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, 2/26/2024
*Note: Applicant requested a hearing continuance from 2/26 to 3/11/2024
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to continue the hearing to the 4/8/2024 meeting as requested by the applicant.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
7:47pm
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), 2/26/2024
*Note: Applicant requested a hearing continuance from 3/11/2024 to 3/25/2024
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to continue the hearing to the 3/25/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
7:49pm
New Business/Pending Matters, Continued
Enforcement: 843 Emerson Gardens Road, Bridget Koha, Removal of trees/natural vegetation
and landscaping activities, including patio and walkway installation, dry well installation, within
wetland resource areas, including the 200-foot Riverfront Area, as well as within the
Conservation Restriction on site; Order/Approve corrective actions and restoration plan to
address compliance issues.
Ms. Bridget Koha, property owner, was present at the start of the meeting, however, she had
disconnected from the meeting prior to presenting the enforcement for 843 Emerson Gardens
Road. Ms. Mullins stated LEC will be managing the property’s project and providing a
mitigation planting plan, stormwater plan, permeable paver details and a wetland delineation
sketch or plot plan. Ms. Mullins stated that she and Ms. Amber Carr had conducted a site visit
th
February 26, 2024, to the property as a compliance visit and an administrative review requested
by Ms. Koha. Ms. Mullins clarified that the Town of Lexington holds ownership of the CR
shown on the property plan. The commission requests a restoration plan including an adequate
stormwater management plan, the CR labeled on the plan with markers along the line and
documentation of tree removal.
The Commission will vote on the Enforcement once the Restoration Plan has been completed.
Enforcement Restoration Plan: 3 Joseph Comee Rd, DEP 201-1217, CNOI-21-13, AOOC-22-7,
Order/Approve corrective actions to address compliance issues on site
Mr. David Cowell, PWS, presented on behalf of the homeowner, Mr. Khaled Yehia who was
th
also in attendance of the meeting. Mr. Cowell stated the plan was revised on March 8, 2024 to
reflect the revisions requested by the Commission in the prior meeting. The revisions reflect a
portion of the retaining wall being removed from inside of the 50-foot Buffer Zone. Mr. Cowell
also stated they would need to remove the fill until reaching natural soil first before determining
if a retaining wall is necessary in the Buffer Zone.
The Commission agreed a 3-year monitoring period would be required for this plan. Mr.
Hamilton requested the applicant appear before The Commission again in the Springtime with a
progress report. Mr. Cowell stated the applicant would like to continue the permitted work that
has been ceased and to keep the stone path. Mr. Yehia stated he would like to keep the retaining
wall. Mr. Hamilton stated the retaining wall must be removed in the restoration plan due to the
current wall being located within the 50-foot Buffer Zone. Ms. Mullins stated the driveway plan
would restrict access for the removal of fill. Mr. Yehia stated the driveway plan can be
completed after the fill has been removed.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue an enforcement order approving the restoration plans with the following conditions:
the work must be overseen by a professional wetland scientist, the plan must be implemented as
proposed with native plants, no landscape cultivars, installation of Feno bounds, restoration
monitoring for at least 3-years with annual reports every fall.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
8:42pm
Approve Minutes: 2/26/2024
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to approve the Minutes of the 2/26/2024 meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
8:44pm
Vote to Issue Order of Conditions: Minute Man Trail, OpenGov Permit# CNOI-24-3, DEP #
201-1310
Ms. Mullins stated the Town of Lexington is coordinating with the Town of Lincoln and the
Town of Concord on the Minute Man Trail project.
On a motion by Ms. Dohan and seconded by Mr. Whelan, 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
Philip Hamilton – Aye
Tom Whelan – Aye
8:45pm
Request for Partial or Full Certificate of Compliance: 87 Westview St, DEP 201-460, BL 418,
Opengov
Ms. Mullins stated that a site visit will be scheduled for 87 Westview Street before voting on this
request.
Request for Partial or Full Certificate of Compliance: 279 Concord Ave, DEP 201-1284,
Opengov CNOI-23-4
Ms. Mullins stated that a site visit will be scheduled for 279 Concord Avenue before voting on
this request.
Schedule site visits: 3/23/2024 for 3/25/2024 Meeting
The site visits will take place on 3/23/2024 at 9:30 AM
Discuss ATM Articles
Mr. Philip Hamilton will report back in the 3/25 meeting with new ATM articles that the
commission might be interested in taking a position on.
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 Ms. Ladd, the Commission voted 5-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
8:51pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 3/25/2024
Archived: 3/28/2024