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Home My WebLink About2024-05-20-ConCom-min-copy Meeting broadcasted by LexMedia 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