HomeMy WebLinkAbout2024-03-25-ConCom-min
PUBLIC MEETING MINUTES
Conservation Commission
Meeting broadcasted by LexMedia
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AGENDA Monday, March 25, 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 Megan Downer, Department Assistant
6:30 PM
New Business/Pending Matters
ATM Citizen’s Petition, Art. 37: Importance of Trees Resolution
Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, presented the article that is
the fourth tree article to be presented to Town Meeting in 2024. Mr. Wyman stated the Tree
Committee is asking Town Meeting to adopt the resolution, declaring the importance of trees. He
stated that this was submitted as a Citizen Petition to direct the town to create a robust tree
canopy to protect the town from climate change and work towards the goal of widespread public
shade and tree-lined streets. The article proposes that the town consider the value of trees while
making budgetary decisions that affect trees.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call to
vote to support Article 37.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
6:39 PM
Enforcement: 843 Emerson Gardens Road
Ms. Karen Mullins provided a report to the commission stating that LEC has been engaged by
the owner. LEC will create a surveyed plan and develop a stormwater management plan to
address the restoration after the removal of trees and vegetation in the 200-foot Riverfront Area.
Staff will update the Commission when the restoration plan is ready to be discussed at a further
date.
Vote to Issue Order of Conditions: 65 Winter St, OpenGov Permit# CNOI-24-4, DEP # 201-
1313
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
6:41 PM
Vote to Issue Order of Conditions: 6 Vaille Ave, OpenGov Permit# CNOI-24-5, DEP # 201-
1311
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
6:42 PM
Request for Full Certificate of Compliance: 87 Westview St, DEP 201-460, BL 418, Opengov
COC-24-4
Ms. Mullins stated that owner submitted a request for the certificate of Compliance along with an
as-built plan. The project consisted of the construction of an addition over an existing driveway,
completed in 1999. Ms. Mullins stated that at the time, there was not a predevelopment condition
for stormwater management in the Conservation Commissions regulations. The as-built plan
made note of a walkway not in the original plans and the owner has stated the walkway was
present at the time and not constructed during the construction of the addition.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 by roll
call vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
6:44 PM
Request for Partial or Full Certificate of Compliance: 279 Concord Ave, DEP 201-1284,
Opengov CNOI-23-4
Ms. Mullins stated that a follow up with engineering is required to address testing the pervious
paver patio around the pool and the patio around the rear of the house.
Request for Partial or Full Certificate of Compliance: 5 Howard Munroe, Opengov COC-24-3
Ms. Mullins stated the project was a comprehensive invasive species management plan in need
of plant restoration. No as-built plan was submitted as requested by The Commission.
Approve Minutes: 3/11/2024
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to approve the Minutes of the 3/11/2024 meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
6:47 PM
Schedule site visits: 4/6/2024 for 4/8/2024 Meeting
The site visits will take place on 4/6/2024 at 9:30 AM
MEPA EEA #16600, Single Environmental Impact Report, 420-430 Bedford Street, Comments
Due to MEPA 4/8/2024
Ms. Mullins presented that the owner of Boston Properties has filed with MEPA their intentions
due to their going over certain environmental policy act thresholds. The parcel with the proposed
parking garage is in the 100-year flood plain and has conservation restrictions as well. Ms. Ruth
Ladd will review the report as will Ms. Mullins who will draft a statement from The
Commission.
7:00 PM
New Public Meetings/Hearings
Abbreviated Notice of Resource Area Delineation: 0 Lowell St
ViewPoint Cloud Permit# CORD-24-1, DEP#201-1314
Applicant/Property Owner: Town of Lexington
Project:
Documentation Submitted:
Abbreviated Notice of Resource Area Delineation Application; Submitted by: Carol
Kowalski, Asst. Town Manager for Development, on behalf of the Town of Lexington;
Date: 2/26/2024
Bordering Vegetated Wetland Determination Form; Prepared by: BSC Group;
Date:10/23/2023
“Survey – Parcel 68-44”; Prepared by: Stamski and McNary, Inc.; Stamped by: Joseph
March CE#36384; Date: 12/21/2023
Photographs Representative of the Site
Mr. William Erickson, member of Affordable Housing Trust, presented that the lot was flagged
for wetlands by BSC and surveyed by Stamski and McNary with the flag locations being noted
on the survey. A representative from BSC Engineering was present during the site visit and
performed soil auger soil sampling.
Mr. Mark Lang, an abutting neighbor, presented concerns to the commission regarding flooding
from the proposed development. Mr. Lang also presented concerns about a puddle of standing
water outside the wetland delineation and questioned the validity of the wetland delineation. Mr.
Hamilton noted the concern of flooding should be presented when the project is proposed and
regulations are applied. The Commission did not find the puddle of standing water while
conducting their site visit and questions if this spot is on the property. The flag in the photo of
the area in question did not have a legible flag number.
Mr. Erickson presented that the intention of the Affordable Housing Trust is to keep the wetlands
undisturbed. The Commission will conduct a site visit to view the standing water in question and
confirm if the location is a wetland and if it is off property.
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 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
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
7:26 PM
Request for Determination of Applicability: 13 Drummer Boy Way
OpenGov Permit# CDOA-24-1
Applicant/Property Owner: Drummer Boy Homes Association, Inc.
Project: installation of new area drains with drain connection to existing municipal storm drainage
system outside of the 100-foot buffer zone to Bordering Vegetated Wetlands
Supplemental Documentation Submitted:
Determination of Applicability Application; Prepared for: Drummer Boy Association;
Date: 2/29/2024;
Site Plan; Prepared and Stamped by: Bert E. Corey CE#48423; Date: 3/1/2024;
Detailed Project Description; Prepared by: Kevin Riopelle, Project Manager; Signed by:
Bert E. Corey, P.E.; Date: 3/1/2024
Engineering Comments; Prepared by: Marissa Liggiero; Date: 3/22/2024
Mr. Hamilton recused himself from the discussion and the decision of this application. Mr.
Kevin Riopelle, DGT Associates, civil engineer for the project, presented the project is in Cluster
11 of 13 Drummer Boy Way to address ponding and water accumulation. Mr. Riopelle presented
the proposal is to install four interconnected area drains, connected to an existing catch basin that
discharges towards the wetlands area. Mr. Riopelle stated that the amount of flow will not
change and the location is not conducive to installing an infiltration system.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to issue a Negative Determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Recused
Jason Hnatko – Aye
Tom Whelan – Aye
7:35 PM
Request for Determination of Applicability: 35 Whipple Road
OpenGov Permit# CDOA-24-2
Applicant/Property Owner: Ann Sera and William Clark
Project: shed removal and site grading within the 100-foot buffer zone to Bordering Vegetated Wetlands
Supplemental Documentation Submitted:
Determination of Applicability Application; Prepared by: Ann Sera and William Clark,
Property Owners; Date: 2/26/2024;
C-001-“Site Preparation/Tree Removal & Sediment Control Plan”; Prepared by: Oak
Consulting Group; Stamped by: Sean P. Malone, CE#48204; Date: 11/21/2023; Revised
Last Date (2): 2/6/2024;
C-002-“Grading, Drainage and Utilities Plan”; Prepared by: Oak Consulting Group;
Stamped by: Sean P. Malone, CE#48204; Date: 11/21/2023; Revised Last Date:
2/6/2024;
Mr. Richard Kirby, LEC Environmental, presented on behalf of the applicants. Mr. Kirby stated
that the RDA was filed for shed removal, pavement installation and removal of the retaining wall
in association with the demolition and reconstruction of a single-family house outside of the
Buffer Zone. Limited work is within the Buffer Zone which was previously disturbed. No tree
removal is proposed and a native shade tolerant seed mix and erosion control blanket are being
proposed. Mr. Kirby stated that during the delineation process there were no indicators of
hydrology, redoximorphic concentrations or depletions, depleted matrix or evidence of a perched
water table in an area upslope of the delineated wetland.
Ms. Dohan commented that the Commission would prefer that, if any of the proposed trees to be
removed are found to be healthy, they not be removed. Mr. Bitsko suggested relocating the
proposed stockpile location and to provide compost filter socks and silt fencing to create visual
barriers and erosion control. Mr. Kirby responded that the stockpile can be relocated closer to the
cul-de-sac and entrenched siltation fencing can be installed as part of the erosion control.
On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 7-0 by roll call
vote to issue a negative determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
7:46 PM
Request to Amend the Order of Conditions: 4 Saddle Club Road
OpenGov Permit# AOOC-24-1, CNOI-23-22, DEP# 201-1299
Applicant/Property Owner: Jason Brickman
Project: modifications to construct a third garage bay and expand the driveway area, resulting in
a 636 sf increase in impervious surface within the 200-foot Riverfront Area
Documentation Submitted:
Letter Describing Requested Amendment; Prepared by: LEC Environmental Consultants,
Inc.; Date: 3/5/2024;
“4 Saddle Club Road, Lexington, MA”; Prepared by: Patriot Engineering; Date:
8/18/2023; Revised Last Date: 2/27/2024
Stormwater Calculations; Prepared by: Patriot Engineering; Stamped by: Michael J.
Novak, Patriot Engineering, CE#50696; Date: 8/18/2023; Revised: 2/28/2024
“Riverfront Area and Buffer Zone Mitigation Planting Plan”; Prepared by LEC; 3/11/24
Supplemental Documentation Submitted:
Engineering Comments; Prepared by Marissa Liggiero; Date: 3/22/2024
Site planting plan; Prepared by: LEC Environmental Consultants, Inc.; Date: 3/18/2024
Mr. Richard Kirby, LEC Environmental, presented this as a modification to the proposal for the
demolition and reconstruction of a single-family house, portions of which are within the 200-foot
Riverfront Area. Mr. Michael Novak, Patriot Engineering, submitted a revised stormwater
management report and revised stormwater infiltration details. Mr. Kirby stated that the proposed
plan consists of enhancement plantings, rebuilding the structure further from the Riverfront Area,
and revegetation in the Riverfront Area. The proposed plan includes a 2:1 ratio of Riverfront
Area restoration to mitigate for the increased structure and pavement.
Mr. Bitsko asked for clarification of whether the proposed third bay is closer to the wetland than
the existing house. Mr. Kirby stated that the third bay is closer to the wetland. The engineering
letter submitted stated that the stormwater infiltration details were not shown on the plan. Mr.
Kirby stated the details are shown on the plan and the Commission requests confirmation of the
engineering reviewer’s comment on the details shown.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to close the hearing with the condition that engineering staff confirm that the required
stormwater infiltration details were present.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:00 PM
Notice of Intent: 8 Blueberry Lane
OpenGov Permit# CNOI-24-7, DEP #201-1315
Applicant/Property Owner: DND Homes LLC
Project: demolition of an existing home and construction of a new single-family home, portions of which
are within the 100-foot buffer zone to Bordering Vegetated Wetlands
Documentation Submitted:
Notice of Intent Application; Prepared by: Dominic Kemmett, Oxbow Associates, Inc.;
Date: 3/5/2024;
Sheet 1 and 2 - “Notice of Intent Site Plan and Details”; Prepared by: Patriot
Engineering; and Stamped by: Michael J. Novak, Patriot Engineering, CE#50696; Date:
2/19/2024;
“Stormwater Analysis and Calculations”; Prepared and Stamped by: Michael J. Novak,
Patriot Engineering, CE#50696; Date: 02/20/2024;
“Operation and Maintenance Plan”; Prepared by: Patriot Engineering; Date:
2/20/2024;
“Representative Site Photos”; Prepared by Oxbow Associates, Inc.; Date:10/13/2023
and 2/13/2024;
“New Residence Floor Plans”; Prepared and Stamped by Michael L. McKay, McKay
Architects, RA#AR6947; Date: 11/14/2023; Last Revised Date: 11/28/2023;
Engineering Comments; Prepared by Marissa Liggiero; Date: 3/22/2024
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 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
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:02 PM
Notice of Intent: 40 Sherburne Road
OpenGov Permit# CNOI-24-8, DEP #201-1307
Applicant/Property Owner: Renan Barreto
Project: razing and reconstruction of a single- family home and installation of bituminous
concrete driveway and stormwater infiltration system within the 100-foot buffer zone to
Bordering Vegetated Wetlands
Documentation Submitted:
Notice of Intent Application; Prepared by: D. Michael, Marsh Matters Environmental;
Date: 3/5/2024;
“Plan for Proposed Building and Average Natural Grade Worksheet”; Prepared and
Stamped by: William E. Tirrell, PLS#49930; Date: 3/5/2024;
“Proposed Utility Site Plan, Proposed Infiltration System Details, and Proposed
Construction Details”; Prepared and Stamped by Patrick L. Bower, CE#48026; Date
3/5/2024
Stormwater Management Report; Stamped by Patrick L. Bower, CE#48026; Prepared by
Amoskeag Engineering Consultants, PLLC; Date 12/21/23; Date Last Revised 3/4/2024
Form 11 – Soil Sustainability Assessment for On-Site Drainage System; Prepared by
Greg Saab; Date 12/15/2023
Bordering Vegetated Wetland Determination Form; Prepared by: MME, M. Ball,
Wetland Sci.; Date: 8/24/2023
“NOI Cover Letter”; Prepared by: Michael Ball, Sr. Wetland Scientist, Marsh Matters
Environmental; Date: 3/5/2024
Mr. Mike Ball, Marsh Matters Environmental, presented, on behalf of the applicant, the proposal
to raze and rebuild a single-family dwelling. Mr. Patrick Bower, civil engineer, and Mr. Renan
Barreto, applicant, were also in attendance. Mr. Ball stated that there will be no mature tree
removal; however, pruning from trees nearest the new structure may be required. Mr. Barreto has
created an architectural plan not submitted with the NOI. The architectural plan must be
submitted on the record in order to be considered as part of the property’s plans.
Mr. Bower presented the proposed stormwater management plan with stormwater mitigation
through two Cultec infiltration systems and the permeable paver driveway. Mr. Bower also
stated that new information about the calculations in the pre-development condition will be
submitted. However, these calculations will not cause any changes to the proposed plans.
The Commission had questions about the plan such as roof overhang and the plans around the
pool which can be addressed once the architectural plan has been submitted to the record. Ms.
Mullins asked for clarification that the pool is considered impervious in the calculations. Mr.
Bower confirmed that the pool is considered impervious.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 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
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:24 PM
Continued Public Meetings/Hearings
Notice of Intent: 9 Young Street
OpenGov Permit# CNOI-24-2, DEP File No. 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 Buffer Zone (BZ) to Bordering Vegetated Wetlands. 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: 01/25/2024;
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
Engineering Comments Date: 3/6/2024
No supplemental information submitted by 3/18//24 deadline for 3/25/24 meeting
Previous Meeting Dates: 2/12/2024, 2/26/2024, 3/11/2024
*Applicant requesting continuance from 3/25/2024 to 4/8/2024
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 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
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:25 PM
Notice of Intent: 237 Bedford Street
OpenGov Permit# CNOI-24-6, DEP #201-1312
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: 2/15/2024; Revised: 3/3/2024, 3/18/2024
“Extreme Precipitation Table; Extreme Precipitation Estimates”; Prepared by Northeast
Regional Climate Center; Date: 3/14/2022
Planting Plan Letter, Date: 3/4/24
Engineering Comments Date: 3/7/24
Supplemental Documentation Submitted:
Drainage Report; Prepared by: Sullivan Engineering Group, LLC; Stamped and Signed
by: John Sullivan, PE No. 41588; Date: 3/15/24
“Norse Submittal Letter”; Prepared by: Maureen Herald, PWS, CWS; Date: 3/18/2024
Previous Meeting Date: 3/11/2024
Ms. Maureen Herald, Norse Environmental, presented and Mr. Jack Sullivan was also in
attendance. Mr. Sullivan performed a deep hole test pit in the location for the infiltration
chamber; the soil information is provided on the plan. Ms. Herald stated they are proposing to
remove the patio at the property’s rear, relocate the patio south, and restore the area with new
plants.
The Commission requests an updated engineering letter be submitted prior for the 4/8/2024
meeting prior to issuing the order of conditions.
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 4/8/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:31 PM
New Business/Pending Matters, Continued
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 Mr. Beuttell and seconded by Ms. Dohan the Commission voted 7-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
8:33 PM
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 4/22/2024
Archived: 4/23/2024