HomeMy WebLinkAbout2024-04-08-ConCom-min
PUBLIC MEETING MINUTES
Conservation Commission
Meeting broadcasted by LexMedia
___________________________________________________________________________
AGENDA Monday, April 8, 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, Philip Hamilton (Chair), Jason Hnatko,
Ruth Ladd (Vice-Chair) and Tom Whelan; Not present: Alex Dohan
Staff Present: Karen Mullins, Conservation Director
6:30 PM
New Business/Pending Matters
Vote to Support Tree Bylaw Articles 34, 35, 36
Mr. Dan Miller, Tree Committee Bylaw Working Group Member, stated that Article 34: Tree
Protection Plan requires that a certified arborist issue a tree protection plan for trees that remain
onsite for major construction projects. Mr. Miller stated that Article 35 requires mitigation of a
minimum number of trees planted in the street frontage when development projects cut down
protected trees. He also stated that Article 36 defines exemptions from the bylaw, which were
adopted by the International Society of Arborists’ international standard of exemption rules.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call
vote to support Article 34.
Record of Vote as Follows:
Kevin Beuttell – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to support Article 35.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call
vote to support Article 36.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
Approve Restoration Landscape Plan for 36 Oakmount Circle
Mr. Michael Baccari, Builder for 36 Oakmount Circle, stated that the mitigation plan includes 55
native shrubs, 8 red oak trees, and new flower beds in the front of the property within the 100-
foot Buffer Zone. Ms. Ladd stated that the button bush on the list is not suitable for the land and
recommends Mr. Baccari review the native plant lists and change to plants more suitable for his
property’s soil. The Commission requests a contingency plan with the proposed plantings to
ensure that the trees and shrubs within the 50-foot Buffer Zone will not be removed.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll
call vote to approve the restoration plan.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
7:03 PM
New Public Meetings/Hearings
Request for Determination of Applicability: 3 Fairland Street
OpenGov Permit# CDOA-24-4
Applicant/Property Owner: David Britton/Sridhar Duvvuri
Project: Building an addition off the back of the existing home including a kitchen on the first level and a
family room on the basement level. Work area is beyond the 100-foot Buffer Zone.
Documentation Submitted:
Determination of Applicability Application; Prepared by: David Britton; Date: /6/2024;
Plot Plan; Prepared by: H-Star Engineering; Stamped by: Bernard H. Hamill, LS
#33595; Date: 1/20/2017;
“Site Plans”; Prepared and Stamped by: Michael Dobler, RA #20388; Date: 1/19/2024;
Revised 3/7/2024
Project Plans; Prepared by: H-Star Engineering; Stamped by: Bernard H. Hamill, LS
#33595; Date: 2/27/2024;
Photograph Representative of The Site; Not Dated
“Project Description”; Not Dated
Mr. Jim Britton, Britton Homes, presented. He stated that the project includes a proposed
addition that is approximately 400 square feet and is outside of the 100-foot Buffer Zone with
work disturbance within the 100-foot Buffer Zone. Mr. Britton stated that the proposal for
drainage would include a rain garden to be determined by the engineer for the project. He also
stated that the engineer will be returning to reevaluate the survey plan. Mr. Beuttell stated that
the site visit by the Commission produced concerns that the 100-foot Buffer Zone as listed on the
proposed plans is not in the correct location.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to issue a Positive Determination.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Notice of Intent: 16 Willow Street
OpenGov Permit# CNOI-24-9, DEP #201-1316
Applicant/Property Owner: Chase Brownell and Rachel Brownell
Project: Replacement of existing driveway crossing and landscape improvements to existing
single family dwelling within the 200-foot Riverfront Area.
Documentation Submitted:
Notice of Intent Application; Prepared by: Seth Donohoe, Dillis & Roy Civil Design
Group, Inc.; Date: 3/4/2024
Landscape Plans; Prepared by: Sudbury Design Group; Date: 7/24/2023; Date Last
Revised: 1/26/2024
“Notice of Intent Plan”; Prepared by: Dillis & Roy Civil Design Group, Inc.; Date:
9/28/2023; Stamped by Francis McPartlan, PE #49572; Date: 3/1/2024
“Letter to The Commission”; Prepared by Seth Donohoe, Vice President, Dillis & Roy
Civil Design Group, Inc.; Date: 3/6/2024
Mr. Seth Donahoe, Dillis and Roy Civil Design Group, Inc., presented. He stated that the project
proposed is to replace the existing driveway crossing from Valley Road to the dwelling. The
driveway is the sole access to for the dwelling. Mr. Donahoe stated that the project proposes
landscape improvement and a restoration and replanting plan for portions of the buffer
upgradient from the Bordering Vegetated Wetlands. He also stated that the proposed plan
includes an invasive species mitigation plan and that the former lawn area would be naturalized
by the proposed plan. Mr. Donahoe stated that the proposed crossing would increase in width
from 10-feet to 14-feet with a pipe underneath to allow the water to flow beneath the crossing.
Mr. Scott Indermuehle, Sudbury Design Group landscape architect for the property, was also
present.
Ms. Ruth Ladd suggested that Mr. Donahoe speak with the Corps of Engineers to report the work
in the stream. Mr. Beuttell requested that a 25-foot Buffer Zone line be added to the proposed
plans along with the proposed patio specifics. The engineering review was submitted on
4/8/2024 and the commission did not receive this for review prior to the meeting. Mr.
Indermuehle stated that everything within the 25 foot-Buffer Zone is existing and that the
steppers are bluestone steppers with a pea stone surround and is not porous.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Notice of Intent: 36 Sanderson Road
OpenGov Permit# CNOI-24-10, DEP #201-
Applicant/Property Owner: Nelson Azoulay
Project: Construction of inground pool, hardscaping, landscaping and fence installation.
Documentation Submitted:
Notice of Intent Application; Prepared by: Nelson Azoulay, Property Owner; Date:
3/18/2024
“As Built Plan”; Prepared by: C & G Survey Company; Stamped by: Michael P. Clancy,
PLS #49621 Date: 7/20/2017;
“Planting Schedule”; Not Dated
Description of Work; Not Dated
Proposed Site Plan; Prepared and Stamped by: Frederick W. Russel, PE #36713; Date:
3/18/2024
Stormwater Analysis; Prepared by Frederick W. Russell, PE; Date: 3/14/2024
Ms. Mary Trudeau presented that the proposed project is an inground swimming pool with an
associated spa pool and concrete pad around the pool. Ms. Trudeau stated that the project has
proposed plantings to comply with a 2017 Order of Conditions requiring that 25 shrubs be
planted, which had not previously been done. She also stated that the proposed rain garden
consists of woody and native herb vegetation to address drainage issues in the driveway.
The property owners, Nelson and Jessica Azoulay were also present. The Commission suggested
new FENO marker bounds to locate the 25-foot Buffer Zone accurately and asked that the
proposed fence be placed closer to the 25-foot Buffer Zone. Mr. Azoulay stated that the proposed
plans could be changed to an automatic cover instead of a fence to address the 25-foot Buffer
Zone.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll
call vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Notice of Intent: 9 Fairfield Drive
OpenGov Permit# CNOI-24-11, DEP #201-
Applicant/Property Owner: Deirdra Conneely
Project: Installation of a pervious bluestone patio, pool, pergola and associated site
appurtenances within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Mitigation
measures including erosion controls, stormwater management, invasive species management,
and wetland and buffer zone revegetation.
Documentation Submitted:
Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: LEC
Environmental Consultants, Inc.; Date: 3/19/2024
“Infiltration Calculations”; Prepared and Stamped by: Christopher M. Kirby, PE
#41662; Date: 3/1/2024
Site Plan; Prepared and Stamped by: Christopher M. Kirby, PE #41662; Date: 3/5/2024
Ms. Mullins stated that the applicant requested a Continuance to the 4/22/2024 Meeting.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Continued 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
Supplemental Documentation Submitted:
Notes and Plan based on 4-1-2024 field evaluation
Previous Meeting Date: 3/25/2024
*Vote to Issue Order of Resource Area Delineation in the event that the hearing closes.
Mr. William Erickson, Affordable Housing Trust member, presented. He stated that the proposed
project was continued to address concerns by the public. Mr. Matt Burne, Wetland Scientist and
Senior Ecologist with BSC Group, stated that BSC delineated the wetland resources on the
parcel in October 2023. Mr. Burne attended the site visit to view the spot of pooling water which
was approximately 10-15 feet on the dry side of the wetland line near flag 102. Mr. Burne dug a
test pit and 2 auger holes which determined the soil was transitional but did not qualify as hydric.
Mr. Mark Lang, an abutting neighbor, stated that he suggests a second delineation be performed
on the parcel. Mr. Hamilton stated that the Commission is limited by the statutory authority
which defines the wetland. Unless there is wetland vegetation or hydric soil present, the area is
not a wetland. As for concerns about flooding, the Commission will be requiring adequate
stormwater management once the proposed plans have been submitted. Mr. Jeff Howry asked
how site filling would impact the wetlands. Mr. Hamilton stated that the Commission cannot
answer that question in the abstract.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to issue the Order of Resource Area Delineation as modified with flags 102A and 102B.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
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, 3/11/2024
Ms. Katy Finkenzeller presented. She stated that, since the previous hearing for the project, she
has met with the Zoning Board of Appeals and received approval for the garage placement
within the setback. Ms. Finkenzeller stated that the stormwater management plan has not
changed and is present on the previously submitted plans. Ms. Finkenzeller requested that the
FENO markings be written into the Order of Conditions. She also stated that the existing stone
path within the 25-foot Buffer Zone will be removed. Ms. Mullins stated she will follow up with
engineering to ensure a new engineering review is submitted prior to the 4/22/2024 meeting. If
the review is positive, the Order of Conditions may be issued that day.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – 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: 3/29/2024;
Site Development Plan; Prepared by: McKenzie Engineering Group; Stamped and signed
by: Bradley C. McKenzie, PE; Date last revised: 3/29/2024;
Previous Meeting Dates: 10/30/23; 11/27/23; 12/11/23; 1/2/24, 1/29/24, 2/12/24, 2/26/2024
Ms. Mullins stated that new material has been submitted for this project that was not submitted
with sufficient time for peer review.
On a motion by Mr. Hnatko and seconded by Mr. Whelan, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
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
Previous Meeting Date: 3/25/2024
*Applicant requesting continuance from 4/8/2024 to 4/22/2024
On a motion by Mr. Bitsko and seconded by Mr. Beutell, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Notice of Intent: 40 Sherburne Road
OpenGov Permit# CNOI-24-8, DEP #201-1307
Applicant/Property Owner: Renan Barreto
Project: raising 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
3/4/2024; Revised 3/28/2024
Stormwater Management Report; Stamped by Patrick L. Bower, CE#48026; Prepared by
Amoskeag Engineering Consultants, PLLC; Date 12/21/23; Date Last Revised 3/29/2024
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
Supplemental Documentation Submitted:
Proposed Planting Plan for 25-foot BVW Buffer Zone; Prepared by: Marsh Matters
Environmental; Date 3/31/2024
“Photographs Representative of The Site”; Prepared by MMEnvironmental; Date:
3/28/2024
Engineering Comments; Date: 4/3/2024
Previous Meeting Date:3/25/2024
Ms. Mullins stated that the applicant requested a Continuance to the 4/22/2024 Meeting.
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
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 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: 01/25/2024;
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 4/8/2024 to 4/22/2024
Ms. Mullins stated that the applicant requested a Continuance to the 4/22/2024 Meeting.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll
call vote to continue the hearing to the 4/22/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
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
Engineering Comments; Date: 3/26/2024
Previous Meeting Dates: 3/11/2024, 3/25/2024
*Vote to Issue Order of Conditions in the event that the hearing closes.
In the previous meeting on 3/25/2024, the Commission agreed to close the hearing and issue the
Order of Conditions once a favorable engineering report was submitted. The engineering report
was submitted on 3/26/2024.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
New Business/Pending Matters, Continued
Enforcement Update: 52 Turning Mill Road
Mr. Rich Kirby, LEC Environmental, presented that LEC was hired by the applicant to create a
restoration plan to mitigate the placement of fill within the Buffer Zone to Bordering Vegetated
Wetlands. Mr. Kirby stated that the applicant started building a pergola. LEC is proposing to
remove the rear section of the pergola, remove fill, intercept the native topsoil, and revegetate the
area with native plants. Ms. Ladd stated that FENO bounds in the restored area would be
required by the Commission as part of the restoration plan.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to approve the restoration plan with the condition that FENO Bounds be installed at the
restored area.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Vote to Issue Amendment to the Order of Conditions: 4 Saddle Club Rd, OpenGov Permit#
AOOC-24-1, CNOI-23-22 DEP # 201-1299
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to issue the Amendment to the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Request for Full Certificate of Compliance: 0 Adams St, DEP 201-1231, Opengov COC-24-5
Ms. Mullins stated that the project is the Burlington Waterline installation with minimal
disturbance outside of the street.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Schedule site visits: 4/20/2024 for 4/22/2024 Meeting
The site visits will take place on 4/20/2024 at 9:30 AM.
Approve Minutes: 3/25/2024
The minutes for the 3/25/2024 meeting will be reviewed as revised for the 4/22/2024 meeting.
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
Ms. Mullins prepared a comment letter from the Commission to send to MEPA for EEA 16600
SEIR 420-430 Bedford St.
On a motion by Mr. Whelan and seconded by Ms. Ladd the Commission voted 6-0 by roll call
vote to approve the letter to MEPA.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
On a motion by Mr. Hnatko and seconded by Mr. Whelan the Commission voted 6-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Ruth Ladd – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Respectfully Submitted via Video Recording,
Megan Downer
LUHD Department Assistant
Approved: 5/6/2024
Archived: 5/8/2024