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PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, May 20, 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), Thomas Whelan
Staff Present: Karen Mullins, Conservation Director, Megan Downer, Department Assistant
6:30 PM
Executive Session, Exemption 6: Consider Purchase, Exchange, Lease or Value of Real
Property, Parcels 16-9 and 16-11
The Conservation Commission entered into Executive Session.
Continued Public Meetings/Hearings *Heard out of Order from Agenda
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:
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
Proposed Site Plan, Existing Conditions and Details; Prepared by FODERA Engineering;
Prepared for: Nazar Vincent, Avatar Construction; Stamped and Signed by: Giovanni
Fodera, PE No. 54884, and David Terenzoni, LS No. 38720; Date: 1/18/2024; Revised:
4/8/2024, 4/22/2024, 4/29/2024
Revisions Summary and Revised Post-Development Peak Rates of Runoff Calculations;
Prepared and signed by: Giovanni Fodera, PE Fodera Engineering; Date: 4/29/2024
Engineering Comments; Date: 5/3/2024
Previous Meeting Dates: 2/12/2024, 2/26/2024, 3/11/2024, 3/25/2024, 4/8/2024, 4/22/2024,
5/6/2024
Mr. Richard Kirby, LEC Environmental, presented that revised drainage calculations have been
submitted and reviewed by Town Engineering. Mr. Kirby stated that the emergency overflow has
been modified to direct into an emergency pump discharged into the proposed recharge system.
He stated that the updated information could not be presented at the previous meeting due to lack
of a quorum.
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
Duke Bitsko – Aye
Alex Dohan – Recused
Philip Hamilton – Aye
Jason Hnatko – Recused
Ruth Ladd – 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
Restoration Area Planting Plan L-2; Prepared by: Krefta Landscaping, Inc.; Date:
3/13/2024; Date Last Revised: 4/27/2024
Master Landscape Plan L-1; Prepared by Krefta Landscaping, Inc.; Date: 1/15/2024; Date
Last Revised: 4/27/2024
Plot Plan; Prepared by: Hancock Survey Associates; Prepared for: Krefta Landscaping,
Inc.; Stamped by: Gregory G. Gould, LS #51280; Date: 4/1/2024
Engineering Comments; Date: 5/6/2024
Stormwater Management Operational and Maintenance Manual; Prepared by Christopher
M. Kirby, PE; Date: 3/5/2024
Supplemental Documentation Submitted:
“Infiltration Calculations”; Prepared and Stamped by: Christopher M. Kirby, PE #41662;
Date: 3/1/2024; Revised: 4/8/2024, 5/12/2024
Site Plan and Details; Prepared and Stamped by: Christopher M. Kirby, PE #41662; Date:
3/5/2024; Revised: 4/8/2024, 5/12/2024
Engineering Comments; Date: 5/16/2024
Previous Meeting Date: 4/8/2024, 4/22/2024, 5/6/2024
Mr. Richard Kirby, LEC Environmental, presented that a revised plan and revised engineering
calculations were submitted to show a net reduction in peak rates of volume of runoff. Mr. Kirby
presented that impervious area was increased and incorporated into the revised runoff
calculations. Mr. Hnatko stated he has concern with the meadow being mowed once a year as it
is the restoration area. Mr. Hamilton stated that The Commission can not enforce mowing the
meadow once a year. Mr. Kirby stated that the mowing schedule is outside of the growing
season. Ms. Holly Samuels, Krefta Landscaping, stated that the proposed mowing could be
removed from the plan and allow the meadow to grow naturally.
Mr. Kirby proposed that invasive plant management replace the proposed mowing. Ms. Dohan
stated that mowing annually would be a better way of preventing more invasives since the
homeowner would be responsible for the management. Ms. Ladd asked if the proposed plan
includes taking up soil and replacing. Mr. Hnatko asked if the plans can be modified to state
what soil is being removed and replaced. Ms. Mullins asked to clarify if bark mulch would only
be added once. Ms. Samuels stated that the bark mulch will be added once to establish the plants.
Mr. Bitsko stated that the bark mulch does not add ecological value to the restoration. Mr.
Hnatko stated the Commission will condition the fill removal and replacement and for invasive
plant management for the meadow rather than mowing.
On a motion by Mr. Hnatko and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to close the hearing with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Recused
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
New Public Meetings/Hearings
Notice of Intent: 3 Goffe Road
OpenGov Permit# CNOI-24-13, DEP #201-1321
Applicant/Property Owner: Frank Hsieh and Lily Li, Trustees
Project: raze a deck, patio, decorative wall/bench and platform/steps, to construct a single-family
addition, decks, pavers, rooftop infiltration, restore patio, associated grading and utilities within
the 100-foot buffer zone to BVW.
Documentation Submitted:
Notice of Intent Application; Prepared by: Maureen Herald, Norse Environmental
Services, Inc.; Prepared for: Frank Hsieh and Lily Li, Trustees.; Date: 4/30/2024
Architectural Plans; Prepared by: OoDD Architects; Date: 8/9/2023
Post-Construction Stormwater Maintenance Plan; Prepared by: Jack Sullivan, Sullivan
Engineering Group, LLC; Not Dated
Plot Plan of Land; Prepared by: Sullivan Engineering Group, LLC; Stamped by: John
Sullivan, PE No. 41586 and Paul Finocchio, PLS No. 36115; Date: 4/24/2024
Stormwater Analysis; Prepared and Stamped by: John (Jack) Sullivan III, PE No. 41586;
Date: 4/29/2024
Notice of Intent Report; Prepared by: Norse Environmental Services, Inc.; Prepared for:
Frank Hsieh and Lily Li, Trustees; Date: April 2024
Mr. Hamilton stated that the applicant has requested a continuance to the 6/3/2024 meeting.
On a motion by Mr. Hnatko and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to continue the hearing to the 6/3/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings, cont.
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;
Technical Review Letter #1; Prepared by: Scott D. Turner, Director of Planning,
Environmental Partners; Date: 4/19/2024
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, 4/22/2024, 5/6/2024
Ms. Mullins stated that the applicant is continuing to 6/3/2024 to relocate test pits and for peer
review.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 by roll
call vote to continue the hearing to the 6/3/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – 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;
“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
Supplemental Documentation Submitted:
“Stormwater Analysis and Calculations”; Prepared and Stamped by: Michael J. Novak,
Patriot Engineering, CE#50696; Date: 02/20/2024; Revised: 5/10/2024
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; Revised: 5/10/2024
Buffer Zone Mitigating Planting Plan; Prepared by LEC Environmental Consultants, Inc.;
Date: 5/13/2024
Engineering Comments; Date: 5/16/2024
Previous Meeting Dates: 3/25/2024, 4/8/2024, 4/22/2024, 5/6/2024
Mr. Richard Kirby presented, Michael Novak and Trina Murphy, DND Homes, were also in
attendance. Mr. Kirby stated that the revised site plan includes the modified wetland line and that
the proposed dwelling overhang is outside of the 50-foot Buffer Zone. Mr. Kirby also stated that
the proposed infiltration system was modified to be installed in both the backyard and the front
yard which has reduced the proposed number of trees to cut down by half. Mr. Beuttell stated
that the estimated seasonal high groundwater elevations were substantially lower than the
wetland elevation and asked Mr. Novak to discuss this. Mr. Novak stated that he went beyond
the water table during the test and did not find any oddities. Ms. Mullins asked if the estimated
seasonal high groundwater is based on redox features or weeping groundwater. Mr. Novak stated
that the estimated seasonal high groundwater is based on weeping and no redox features above.
Ms. Mullins asked if the existing house has a sump pump and what the existing basement
elevation is. Mr. Hamilton stated that The Commission needs further information on if there is
evidence of a sump pump or water in the basement. Ms. Luanna E. Devenis, abutting neighbor,
stated that she is familiar with the property and that the existing home does have a sump pump
and has previously had flooding in the basement. Mr. Stephan Voss, abutting neighbor, stated
that many homes on Blueberry Lane have experienced flooding due to the streams, intermittent
streams, etc. in the neighborhood. Mr. Voss also stated that homes built by DND Homes in the
neighborhood have all experienced flooding. Ms. Trina Murphy, DND Homes, stated that none
of homes completed by DND Homes have experienced flooding despite water being present on
the properties in this neighborhood.
On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call
vote to continue the hearing to the 6/3/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Commissioner Ruth Ladd left the meeting at 8:05pm.
8:07 PM New Business/Pending Matters
Review and Approve Plan Modification CDOA-22-3: Police Station Solar Canopy and Sidewalk
Expansion
Mr. Kevin McGarry, Fuss and O’Neil, presented that the request is for a modification to the
proposed drainage system for the installation of a solar canopy covering a portion of the parking
lot and sidewalk. Mr. McGarry stated that the canopy is not considered an impervious area and
the panels are slanted towards the street to allow water to flow off of the canopy.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve the plan modification.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Enforcement Update: 843 Emerson Gardens, Approve Riverfront Area and CR Restoration Plan
Mr. Richard Kirby, LEC Environmental, presented that the planting plan has been modified to
expand the restoration area. Mr. Kirby also stated that Feno markers have been labeled on the
plan and updated the general notes on the plan including notes regarding the bittersweet removal.
Additionally, Mr. Kirby stated that further landscaping and native planting is included in the
Notice of Intent Application to be reviewed during the 6/3/2024 hearings. Mr. Hamilton stated
that the landscaping proposed in the Notice of Intent cannot be discussed prior to the 6/3/2024
hearing.
Conservation Plan Modification/Insignificant Plan Change: 32 Tarbell Ave, DEP 201-1297,
Opengov CNOI-23-20, CPM-24-1
Mr. Seth Donohoe, Dillis and Roy, presented and stated that the proposed plan is to modify a
previously approved retaining wall to add an upper tier to the retaining wall and the garden bed
in between.
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call
vote to approve the plan modification.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 5 John Hosmer Ln, DEP 201-1212, Opengov CNOI-21-5,
COC-23-16
Ms. Mullins stated that based on the site visit that occurred the week prior, this item will not be
moving forward at this time.
Commissioner Jason Hnatko left the meeting at 8:34pm.
Request for Certificate of Compliance: 2 Fulton Rd, DEP 201-1288, Opengov CNOI-22-9, COC-
24-7
Mr. Richard Kirby, LEC Environmental presented, Mr. Michael Novak, project engineer, and
Mr. Fernando Dalfior, project proponent, were also present. Mr. Kirby stated that all outstanding
items were addressed with Ms. Mullins and corrected by Mr. Novak. Mr. Kirby stated that the
constructed stairs at the rear of the property have been replaced with a bulkhead, the stone
retaining wall has been modified to be outside of the 25-foot Buffer Zone, and a bituminous
asphalt berm was added to the side of the driveway.
Ms. Dohan asked if the drainage for the bulkhead now drains into the infiltration system or onto
the lawn. Mr. Novak stated that the bulkhead is closed and the previous drainage concerns are no
longer applicable. Ms. Mullins stated that she performed a site visit to the property on 5/20/2024
to confirm the changes had been made. Ms. Mullins stated that an as-built plan with utilities
shown needs to be submitted prior to issuance of the Certificate of Compliance.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call
vote to issue the Certificate of Compliance with the condition that an as-built plan with utilities
be submitted prior to the release of the certificate.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
7:00 PM
Approve Minutes: 4/22/2024 and 5/6/2024
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call
vote to approve the Minutes of the 4/22/2024 meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call
vote to approve the Minutes of the 5/6/2024 meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Tom Whelan – Aye
Schedule site visits for 6/3/2024 Meeting
The site visits will take place on 5/29/2024 at 5:30pm.
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 Mr. Beuttell the Commission voted 5-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
8:55pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 7/15/2024
Archived: 7/18/2024