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HomeMy WebLinkAbout2024-04-22-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, April 22, 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, Philip Hamilton (Chair), Ruth Ladd (Vice-Chair) and Tom Whelan; Not present: Alex Dohan, Jason Hnatko, and Duke Bitsko Staff Present: Karen Mullins, Conservation Director, Amber Carr, Conservation Coordinator, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Review of ADA Garden bed design at Idylwilde by Scout Jeffrey Liu Mr. Jeffrey Liu, Scout, was not in attendance. The Commission members were unable to view the submitted records of the ADA garden bed design. Ms. Amber Carr, Conservation Coordinator, stated that the review of the design can be discussed at a future meeting when Mr. Liu is present and the Commission has been able to view the design. Review of Community Garden requests for additional half plot and the planting of flowers along the inside of the fence. Ms. Carr stated that the flowers would be planted along the inside of the garden fence only in spots wide enough to accommodate it. She also stated that the flowers would be planted by garden members who pay a small additional fee Ms. Julia Sedykh, Community Garden Coordinator, stated that gardeners have expressed their interest in the planting of flowers along the fence. This project is expected to be done in the 2025 gardening season. Ms. Carr stated that there is space for one additional half plot to be added to the Community Garden. She stated that there is a great need for an additional plot and there were over 200 people on the waitlist for 2024. No formal vote is required for this review. The Commission approves of the development of an additional half plot and the planting of flowers along the fence at Idylwilde Community Garden. Approve Minutes: 3/25/2024 and 4/8/2024 On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to approve the Minutes of the 3/25/2024 meeting. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye The 4/8/2024 minutes will be reviewed at the 5/6/2024 meeting to ensure all Commissioners have had time to review the minutes. Request for Full Certificate of Compliance: 279 Concord Ave, DEP 201-1284, Opengov COC- 24-6 Ms. Mullins stated that a follow up regarding engineering is needed to address if the patios on this property were made to be pervious. Schedule site visits for 5/6/2024 Meeting The Commission will take a Doodle Poll amongst themselves to decide what day to do site visits for the 5/6/2024 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 stated that LEC Environmental is developing a restoration plan for 843 Emerson Gardens Enforcement Order and is expecting to present at the 5/6/2024 meeting. 6:57 PM New Public Meetings/Hearings Notice of Intent: 52 Hartwell Ave OpenGov Permit# CNOI-24-12, DEP #201-1320 Applicant/Property Owner: James Clancy, NSTAR dba Eversource Energy Project: Installation of new electrical conduit through open-trench method and horizontal directional drill in Hartwell Avenue, Town Dump Road, and the Eversource Hartwell Substation 553 within the 20-foot Riverfront Area Documentation Submitted:  Notice of Intent Application; Prepared by: SWCA Environmental Consultants; Prepared for: NSTAR dba Eversource Energy; Date: 4/1/2024  Infrastructure Upgrade Project Environmental Resources Map; Prepared by: SWCA Environmental Consultants; Date: 4/1/2024  MIT Lincoln Laboratory Conduit Installation Project Letter; Prepared by: SWCA Environmental Consultants; Not Dated  Photographs Representative of the Site; Prepared by: MIT Lincoln Laboratory; Date: 3/25/2024 Ms. Rebecca Weissman, SWCA, presented the proposed project. Elizabeth Martin, SWCA, and James Clancy, Eversource, were also in attendance. Ms. Weissman stated that the project is phase 2 of the MIT Lincoln Laboratory Conduit Installation Project. She also stated that the project is a limited project for the installation of an electrical conduit in Hartwell Avenue that connects into the existing substation. Ms. Weissman stated that the horizontal directional drill will cross the wetlands and the exit pit will be on Town Dump Road and connect into the station through open trench methods. There will be temporary disturbances to approximately 800 square feet in the Riverfront Area with erosion control throughout construction being monitored. Mr. Beuttell asked if the perimeter fence will be replaced. Ms. Weissman stated that Eversource will be coordinating repairs to the fence. Ms. Ladd stated that compost filter socks are normally used rather than the presented straw filter socks. Ms. Weissman stated that they can use compost filter socks instead. Ms. Mullins asked if there will be any dewatering from the drilling. Ms. Weissman stated that only a small amount of dewatering is anticipated, if any, and this would be done into a frac tank to avoid wetland disturbance. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye Continued Public Meetings/Hearings 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  “Letter to The Commission”; Prepared by Seth Donohoe, Vice President, Dillis & Roy Civil Design Group, Inc.; Date: 3/6/2024  Engineering Comments; Date: 4/8/2024 Supplemental Documentation Submitted:  “Letter to The Commission: Revised Notice of Intent and Landscape Plans”; Prepared by Seth Donohoe, Vice President, Dillis & Roy Civil Design Group, Inc.; Date: 4/15/2024  Stormwater Management Memorandum; Prepared and Stamped by: Francis McPartlan, PE #49572; Date: 4/11/2024  “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; Revised: 4/15/2024  Master Site Plans, Lighting/Planting Plan, and Decking Plan; Prepared by: Sudbury Design Group; Date: 7/20/2023; Revised: 1/26/2024, 4/15/2024  Engineering Comments; Date: 4/19/2024 Previous Meeting Date: 4/8/2024 Mr. Seth Donahoe, Dillis and Roy Civil Design Group, Inc., presented that the project consists of replacing the existing driveway crossing, landscaping and revegetation efforts. Mr. Donohoe stated that stone steppers on the original plan were omitted from the revised plan and that a stone infiltration trench surrounding the patio was added to address stormwater management. An additional topographical survey of Willow Street found the existing low point to be the location of the bridge. Mr. Beuttell asked if the basin is an infiltration basin or a sediment basin. Mr. Donohoe stated that it is a sediment basin. The Commission is requesting new comments from engineering that states if the project meets performance standards. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to the 5/6/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 7:24 PM Notice of Intent: 36 Sanderson Road OpenGov Permit# CNOI-24-10, DEP #201-1318 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; Revised: 4/7/2024, 4/12/2024, 4/17/2024  Stormwater Analysis; Prepared by Frederick W. Russell, PE; Date: 3/14/2024  Engineering Comments; Date: 4/5/2024  Stormwater Operation & Maintenance Plan: Prepared for: Nelson Azoulay: Revised: 4/7/2024 Supplemental Documentation Submitted:  “Letter to Mr. Azoulay”; Prepared by Mary Trudeau; Date: 4/10/2024  Bordering Vegetated Wetland Determination Form; Prepared by Mary Trudeau; Date: 4/10/2024 Previous Meeting Date: 4/8/2024 Ms. Mary Trudeau, wetlands consultant, presented and stated that the applicants are proposing an inground pool and landscaping changes. Ms. Trudeau stated that the engineer has added spot grades and a stone vehicle wash path to the existing driveway. She also stated that she reviewed the wetlands boundaries as requested by the Commission and found the lines changed minimally and only on the Southside of the property. Ms. Trudeau stated that the fence line has been changed to the 25-foot buffer zone. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye Notice of Intent: 9 Fairfield Drive OpenGov Permit# CNOI-24-11, DEP #201-1319 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 Supplemental Documentation Submitted:  Restoration Area Planting Plan; Prepared by: Krefta Landscaping, Inc.; Date: 3/13/2024; Date Last Revised: 4/14/2024  Master Landscape Plan; Prepared by Krefta Landscaping, Inc.; Date: 1/15/2024; Date Last Revised: 4/11/2024 Previous Meeting Date: 4/8/2024 Mr. Richard Kirby, LEC Environmental, presented, and Holly Samuels, garden designer, and Krefta Landscaping, was also in attendance. Mr. Kirby stated that the proposal is a construction of a pool, a pervious bluestone patio and a pergola within the buffer zone. Ms. Samuels stated that including the proposed lawn buffer, the project will be slightly greater than the 50 percent vegetated area regulation. Ms. Samuels stated they are proposing a fence between the pool and a proposed meadow that is within the 25 and 50-foot buffer zones. Ms. Ladd asked how the proposed meadow will remain a meadow. Ms. Samuels stated that they are proposing a single annual mowing for the area to remain a meadow. Mr. Kirby stated that the line separating the proposed meadow and the invasive species restoration area would need to be differentiated, possibly by signage or feno markers. Ms. Mullins asked what type of fence is being proposed. Ms. Samuels stated the proposed fence would be a 6-foot privacy fence that is 4 inches off the ground to allow for wildlife passage. Mr. Whelan stated that a fence made from natural materials would be preferred by the Commission. Ms. Mullins stated that comments from engineering are required before the hearing can be closed. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to the 5/6/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 7:56 PM 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; 12/1/2023; Revised; 12/19/2024, 01/02/2024, 02/23/2024, 3/14/2024  Proposed Planting Plan in Color; Prepared by: SV Design; Not Dated  Engineering Comments; Date: 4/17/2024 Previous Meeting Dates: 1/2/2024, 1/29/2024, 3/11/2024, 4/8/2024 Mr. Hamilton stated that the engineering report submitted was positive and the Commission would close the hearing. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – 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, 3/11/2024, 4/8/2024 Ms. Mullins stated that the peer reviewer submitted additional comments that need to be addressed by the applicant. The applicant is requesting a continuance to the 5/6/2024 meeting. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call vote to continue the hearing to the 5/6/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – 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  Project Narrative; Prepared by Oxbow Associates, Inc.; Not Dated Previous Meeting Date: 3/25/2024, 4/8/2024 Mr. Richard Kirby stated that the applicant is requesting a continuance to the 5/6/2024 meeting. Ms. Luanna Devenis, an abutting neighbor, asked how many times the applicant is able to continue. Mr. Hamilton stated that the applicant can request as many continuances as needed. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to continue the hearing to the 5/6/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 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;  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 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 4/7/2024  Stormwater Management Report; Stamped by Patrick L. Bower, CE#48026; Prepared by Amoskeag Engineering Consultants, PLLC; Date 12/21/23; Date Last Revised 4/7/2024  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  Engineering Comments; Date: 4/19/2024 Previous Meeting Date:3/25/2024 Mr. Mike Ball, Marsh Matters Environmental, presented and stated that as requested by the Commission, a buffer zone planting plan and architectural plans have been uploaded. Mr. Ball shared images of the plans and property. Mr. Patrick Bower stated that the sewer service is greater than 5 feet away from the infiltration service and that waterproofing can be provided on the impermeable barrier as noted by engineering. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 8:12 PM 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: 1/25/2024;  “Tree Plan”; Prepared for James Patnaude, 9 Young Street; Prepared by: Daniel E. Cathcart, Registered Consulting Arborist – Plant Healthcare Consultants, Inc.; Date 1/15/2024  Engineering Comments Date: 3/6/2024 Supplemental Documentation Submitted:  “Site Plan of Land” and “Site Details”; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 1/18/2024; Revised 4/8/2024  Stormwater Management Report; Prepared by: FODERA Engineering; Stamped and Signed by: Giovanni Fodera, PE No. 54884; Date: 1/18/2024; Revised: 4/8/2024  Invasive Species & Buffer Zone Restoration Planting Plan; Prepared by: LEC Environmental; Date: 1/19/2024; Revised: 4/17/2024  Engineering Comments; Date: 4/19/2024 Previous Meeting Dates: 2/12/2024, 2/26/2024, 3/11/2024, 3/25/2024, 4/8/2024 Mr. Richard Kirby, LEC Environmental, stated that the delineation was extended to address water that was observed flowing from the wetland into a catch basin during the 2/10/2024 site visit. Mr. Kirby stated that flags 1A, 2A, 3A and 4A were modified along with the 25- and 50- foot buffer zone. The restoration planting plan was also modified to meet the 50 percent regulation. Mr. Giovanni Fodera, project engineer, stated that the stormwater system can accommodate a 100-year storm. Mr. Fodera stated that there is a proposed emergency trench drain that would flow into the town storm drain. Ms. Ladd asked if there is a limit of work line on the plans and whether or not any soil pits were dug. Mr. Kirby stated there is a revised limit of work line which is the erosion control barrier shown on the plans and the soil was evaluated on 2/10/2024. Mr. Beuttell asked if engineering has signed off on the overflow of the trench drain into the town storm drain. Mr. Kirby stated that modifications as requested in the engineering comments will be addressed and submitted. Ms. Mullins stated that there is an overflow orifice out to the back for the stormwater infiltration system for the roof runoff and normally there is a condition that it has to overflow at the downspout. She also stated that a direct connection into the town drain is not allowed by the Commission. Mr. Fodera stated that the driveway is the lowest point on the site for the emergency overflow. Mr. Tyler Winder, owner and developer of the property, stated that adjustments to the elevation would require a variance request for the plans. Mr. Minjune Kim, an abutting neighbor, asked if abutters will be notified of the start of work. Ms. Mullins stated there will be no further abutter notification. Mr. Kim asked if the trees on the property line would be impacted from the work and if the swamp behind the property will be affected causing flooding in the neighborhood. Mr. Kirby stated the trees in question are not on the property and will not be impacted by the work and the majority of the trees on property will be protected. He stated that the applicant will be removing invasive plants and replacing them with native plants which will not cause flooding. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to continue the hearing to the 5/6/2024 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 8:39 PM On a motion by Ms. Ladd and seconded by Mr. Beuttell the Commission voted 4-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Ruth Ladd – Aye Philip Hamilton – Aye Tom Whelan – Aye 8:41 PM Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 5/20/2024 Archived: 5/21/2024