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Home My WebLink About2024-08-05-ConCom-min-copy Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, August 5th, 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, Alexandra Dohan, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Discuss and Support LexSort Black Earth Program at Idylwilde Conservation Area Ms. Karen Mullins, Conservation Director, presented that the community garden is proposing participating in the LexSort Black Earth program. The proposal is to store garden waste in LexSort Black Earth bins that was previously put in open compost bins at Idylwilde. The open compost bins have been a source of rodent problems. The Black Earth bins would be locked and need registration to use them. Ms. Mullins stated that the gardeners’ concerns would be regarding whether or not the compost bins would result in a reduction in parking spots at the community garden. There are currently six compost bins at the garden and with the proposal, these would reduce to only four bins. A more frequent schedule of waste management is also proposed. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the proposal to Support LexSort Black Earth Program at Idylwilde and more frequent compost waste removal. 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 Approve Minutes: 6/10/2024 Joint Meeting and 7/1/2024 The 6/10/2024 Joint Meeting Minutes will be postponed to allow for multiple Commissioners to review. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to approve the 5/20/2024 meeting minutes. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Abstain Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Conservation Plan Modification/Insignificant Plan Change: 36 Sanderson Rd, CPM-24-2, CNOI- 24-10, DEP #201-1318 Ms. Karen Mullins presented and stated that the proposed plan modification includes the addition of a shed outside of the 100-foot buffer zone with a crushed stone pad within the 100-foot buffer zone. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the insignificant plan change. 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 Request for Extension to Order of Resource Area Delineation: 475 Bedford St, DEP 201-1237, OpenGov 25911, CORD-21-1 Mr. Scott Morrison, VHB, stated that the proposed extension to the Order of Resource Area Delineation is for three years. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the extension to the Order of Resource Area Delineation by three years. 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 Request for Extension to Order of Conditions: 8 Camellia Pl, DEP 201-1229, OpenGov EXTO- 24-3, CNOI-21-25 Mr. Denis Tremblay, owner of 8 Camellia Place, stated that the pervious walkways to be installed at the residential structure on the property have not been completed. The one-year extension will allow for the completion of the pervious walkways. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve a one-year extension to the Order of Conditions. 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 Request for Certificate of Compliance: 279 Concord Ave, DEP 201-1284, OpenGov COC-24-11, CNOI-23-4 Ms. Mullins stated that the site is in compliance. On a motion by Mr. Bitsko and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue the full Certificate of Compliance. 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 Request for Certificate of Compliance: 33 Freemont St, DEP 201-1257, OpenGov COC-24-10, CNOI-22-8 Ms. Mullins stated that staff are waiting for an engineering letter to be submitted. Request for Certificate of Compliance: 9 Cliffe Ave, DEP 201-1301, OpenGov COC-24-12, CNOI-23-24 Ms. Mullins stated that the site is in compliance. On a motion by Ma. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue the full Certificate of Compliance. 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 Vote to Issue Order of Conditions: 72 Cary Ave, DEP 201-1325, OpenGov CNOI-24-18 Ms. Ladd stated that Feno bounds being installed will be one of the conditions. On a motion by Ms. Dohan and seconded by Ms. Ladd, 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 – Abstain Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 18 Woodpark Circle, DEP 201-1324, OpenGov CNOI-24-16 A condition of Feno markers installed 10 feet from the resource area to mark the no mow restoration area will be included in the Order of Conditions. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to issue the Order of Conditions with the condition that Feno markers be installed 10 feet from the resource area. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Abstain Alex Dohan – Aye Philip Hamilton – Abstain Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 3 Fairland St, DEP 201-1323, OpenGov CNOI-24-17 Mr. Hamilton stated that a condition will be included that the overhang of the structure cannot be in or on the 50-foot buffer zone. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Abstain Alex Dohan – Aye Philip Hamilton – Abstain Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:06 PM New Public Meetings/Hearings Request for Determination of Applicability: 34A Colony Road OpenGov Permit# CDOA-24-9 Applicant/Property Owner: Peter Coleman Project: Minor activities within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 1 Request for Determination of Applicability; Prepared by: Megan Buczynski; Prepared for: Peter Coleman; Date: 7/15/2024;  Memorandum: Town of Lexington Fiske Elementary School Field Renovation; Prepared by: Megan Buczynski, PE, Activitas; Date: 7/16/2024  Bid Documents; Prepared for: Town of Lexington; Prepared by: Activitas; Signed and Stamped by: Glen Reed, PLS No. 40766, and Stephen Garvin, PLS No. 42772; Date: 7/9/2024 Ben McDonough, Activitas, presented and stated that the proposed work includes the installations of erosion control, silt sacks and two infiltration trenches, stripping one to two inches of sod, associated grading. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to issue a negative determination with conditions. 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: 24 Turning Mill Road OpenGov Permit# CNOI-24-19, DEP #201-XXXX Applicant/Property Owner: Murali Pathivada Project: The construction of an additions within the 100-ft buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  WPA Form 3 Notice of Intent Application; Prepared for: Murali Pathivada, 24 Turning Mill Road; Prepared by: Zoe Chang, MP Design Consultants; Date: 7/16/2024;  Site Plan Single-Family Home; Prepared for: Murali Pathivada, 24 Turning Mill Road; Prepared by: MP Design Consultants; Stamped and Signed by: Carlos Ferreira, Civil PE #41423; Date: 3/13/2024  Stormwater Management Memo; Prepared for: 24 Turning Mill Road; Prepared by: MP Design Consultants; Stamped and Signed by: Carlos Ferreira, Civil PE #41423; Date: 7/15/2024 Ms. Zoe Chang, MP Design, presented the proposal for two additions to a single-family home. Ms. Chang stated that the proposal includes a cape cod berm in the 25-foot buffer zone and a subsurface infiltration system. To address concerns from the Commission’s site visit and engineering comments, sediment barriers have been extended, construction vehicle access was added to the proposed plan, and tree protection barriers have been proposed. Questions and Comments from the Commission: - When the garage is constructed, will the pavement be removed and replaced with foundation? Removal of pavement would need to be modeled in drainage calculations as undisturbed land. - The construction will be close to many trees, there are concerns about roots and tree protection. - One of the additions is in the 50-foot buffer zone which is not permitted by Conservation Regulations. The plans will need to be changed with no part of the addition proposed within the 50-foot buffer zone. Responses from Applicant: - The proposal includes foundation being installed after the pavement is removed. - There are protective barriers that will be installed to prevent harm to the trees on site. - Further mitigation will be determined. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the 8/19/2024 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 New Business/Pending Matters, Cont. Schedule site visits for 8/19/2024 Meeting A site visit to the Lexington High School is proposed for 8/7/2024 at 5:30pm. Other site visits will take place on 9/12/2024 at 5:30pm. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:45PM Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 8/19/2024 Archived: 8/28/2024