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Home My WebLink About2024-02-12-ConCom-min PUBLIC MEETING MINUTES Conservation Commission Meeting broadcasted by LexMedia ___________________________________________________________________________ AGENDA Monday, February 12, 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 6:30 PM New Business/Pending Matters Discuss/Provide Feedback at the request of the Recreation and Community Programs Dept. on proposed Facility Improvements at Justin Street and Valley Road Conservation Areas, Melissa Battite, Director of Recreation and Community Programs Mr. Peter Coleman, Assistant Director of Recreation, presented the proposed plans for playground/facility improvements at properties on Justin Street (83-99D) and Valley Road (72- 521). Both properties are owned by the Conservation Commission. A memo was provided to staff and the Conservation Commission prior to the meeting that details what is being proposed by the Recreation Department. Members of the Commission said that they would be unable to provide productive feedback on the Justin Street parcel because the wetlands on the site have not yet been delineated. A considerable portion of the Justin Street parcel is wetlands and being mowed for passive recreation purposes. Mr. Coleman said that staff want to install an accessible path from the roadway to the playground area, as well as add elements to the playground for users of different ages. The Commission recommends a wetland delineation to be performed around April or May. Mr. Coleman responded the anticipated installation date is late Spring or early Summer. Mr. Coleman stated that funding for the Valley Road parcel, which contains two tennis courts in need of replacing, is being requested at the upcoming Town Meeting. A resource delineation was performed at the site by Epsilon, and based on that information, Recreation staff are proposing to reorient the tennis courts to create a safer, accessible parking area in addition to the new courts. Mr. Hamilton noted that the resource area boundaries are not shown on the plan, but are detailed in the report. Ms. Mullins clarified that the Recreation Department is looking to expand its recreation areas to meet the demands for more pickleball courts in town. Ms. Meg Buczynski, civil engineer with Activitas, stated that the project team would ideally like to shift the courts to gain more safe space for parking. She added that some fill would be required to achieve the reorganization of the site but would file a Notice of Intent in the future. Request for Extension of Order of Conditions, DEP 201-437 – Old Reservoir Aquatic Management, Recreation, from 2/16/2024 to 2/16/2027 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to extend the Order of Conditions from 2/16/2024 to 2/16/2027. 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 Partial or Full Certificate of Compliance: 24 Blueberry Ln, OpenGov Partial COC- 24-1, DEP 201-1295, CNOI-23-19 Ms. Mullins stated that the property owner is requesting the partial certificate to certify that the contractor thus far is in compliance with the Order of Conditions. Specifically, only for the installation of the lawn and fence, and site grading. The property owner has contracted LEC Environmental to perform the required three-year monitoring of the mitigation area. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue the Partial Certificate of Compliance. 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 Partial of Full Certificate of Compliance: 52 Hartwell Avenue, OpenGov COC-24-2, DEP 201-1205, CNOI-20-34 On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to issue the Full Certificate of Compliance. Ms. Mullins will follow up with the applicant to make sure the erosion controls are removed. 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 7:01 PM New 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 Ms. Mullins stated that the applicant submitted a continuance request earlier in the day. On a motion by Mr. Hnatko and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to the February 26, 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 Continued Public Meetings/Hearings Notice of Intent: 251 Waltham Street (Connector Path from Worthen Rd to Park Dr) OpenGov Permit # CNOI-24-1, DEP File No. 201-1309 Applicant/Property Owner: Town of Lexington, DPW Project: Replace an existing compacted gravel walkway with a porous asphalt walkway within the 100-foot buffer zone to Bordering Vegetated Wetlands. This project is part of the Town’s initiative to provided ADA accessible recreation and athletic facilities. Documentation Submitted:  Stormwater Report; Prepared by: Megan Buczynski, PE; Date last revised: 1/9/2024;  Proposed Site Plans and Attachments; Dated 1/9/2024  Wetland resource Delineation; Prepared by: Epsilon Associates, Inc.; Dated 5/19/2023  Notice of Intent application; Prepared by: Megan Buczynski, Activitas; Prepared for: David Pinsonneault, Lexington Public Works; Received 1/9/2024 Previous Meeting Dates: 1/29/2024; Ms. Meg Buczynski, Activitas, presented to the Commission. The Department of Public Works (DPW) is proposing to replace the existing gravel walkway with porous asphalt. This walkway connects Worthen Road to Park Drive and the Center playfields, and is used as the main entrance to the Farmers Market. Ms. Buczynski stated that the runoff pattern will remain the same post- construction because the current gravel is very compact. She does not anticipate much site disturbance outside the pavement area and DPW is planning to start the work around April. When asked about the long-term maintenance of the walkway, Mr. Dave Pinsonneault, DPW Director, responded that the reconstruction work is contracted out. For regular cleaning, typically a walk-behind vacuum machine will sweep the area. On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Notice of Intent: 40 Sherburne Road OpenGov Permit# CNOI-23-33, DEP File No. 201-1307 Applicant/Property Owner: Renan Barreto, 40 Sherburne LLC Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent application packet; Prepared by: Michael Ball, Marsh Matters Environmental;  BVW Delineation Form  Stormwater Management Report; Prepared by: Amoskeag Engineering Consultants, PLLC; Stamped and signed by: Patrick L. Bower, PE Civil No. 48026; Date: 12/21/2023;  Proposed Utility Site Plan; Prepared by: Amoskeag Engineering Consultants, PLLC; Stamped and signed by: Patrick L. Bower, PE; Date: 12/22/2023; Previous Meeting Dates: 1/2/2024; 1/29/2024 Ms. Mullins stated that she had not received a response from the applicant regarding a request to continue the hearing. Members of the Commission decided that they would close the hearing because they did not receive a continuance request from the applicant, nor was the applicant or a representative present during the meeting. The applicant may request that the hearing be reopened, but unless the request is made, the Commission will have to issue an Order at the next meeting. On a motion by Mr. Beuttell 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 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: 10/30/2023; 1/2/2024, 1/29/2024 Ms. Mullins stated that the Commission should receive preliminary comments from the peer reviewer at the next meeting. 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 February 26, 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 New Business/Pending Matters, Continued Approve Minutes: 1/23/2024 and 1/29/2024 On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the Minutes of the January 23, 2024 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Abstain from vote, not present at the 1/23/24 public meeting Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to approve the Minutes of the January 29, 2024 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Jason Hnatko – Abstain from vote, not present at the 1/29/24 public meeting Tom Whelan – Aye Schedule site visits: 2/24/2024 for 2/26/2024 Meeting The site visits will take place on Saturday, February 24, 2024 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. Ladd asked about existing enforcement orders. Ms. Mullins responded that an enforcement order was issued at 1359R Massachusetts Avenue in early 2023. The homeowner brought piles of fill onto the property and the piles are still present. Ms. Mullins stated that she will look into further enforcement in the Spring if the piles are not removed and the site brought into compliance. The property at 18 Hamblen Street paved a driveway roughly 8 years ago that was required to be pervious pavers. The homeowner has been notified and informed staff that the driveway will be switched back to pervious pavers in the Spring. Ms. Mullins asked Ms. Ladd if she would further review the restoration plantings at 9 Paddock Lane, because landscape cultivars were planted instead of the required native plantings. Staff will monitor 72 Maple Street to make sure the current owners aren’t mowing beyond the no-disturb bounds. 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: 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: 2/26/2024 Archived: 4/24/2024