HomeMy WebLinkAbout2024-08-19-ConCom-min
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PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, August 19th, 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: Duke Bitsko, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd
(Vice-Chair), Thomas Whelan; Not present: Kevin Beuttell and Alexandra Dohan
Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant
6:30 PM New Business/Pending Matters
Conservation Plan Modification/Insignificant Plan Change: 0 Maple St (MM Bike Path), CPM-
24-3, CDOA-23-5, MWRA Water Line
Ms. Julie Sullivan, project manager at MWRA, presented and stated that the proposed project is
a plan modification to a project that was previously issued a negative determination. Mr. Paul
Rullo, MWRA, stated the project includes the installation of a new pipeline on the Lexington/
Arlington line along the Minuteman bikeway and the proposed change re-aligns the new
waterline further from the resource area and outside of a portion of the bikeway. Mr. Rullo,
stated that the project team intends to restore the bike path and utilize sediment and erosion
controls.
The Lexington Tree Committee will hold a hearing on August 23rd, 2024 regarding the project’s
proposed removal of 9 trees, 8 of which are in Conservation Commission jurisdiction. Mr. Rullo
presented the types of trees being removed and the proposed list of trees for replanting which
included the following species: eastern redbud, sweetgum, sweetbay magnolia, and yellowwood.
The Commission suggests 3 years of monitoring and replacing the proposed yellowwood with
white oak. The approval of the plan change will include a condition that the 11 substituted oak
trees be planted within conservation jurisdiction.
On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to approve the insignificant plan change with conditions.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 5 John Hosmer Ln, DEP #201-1212, OpenGov COC-23-
16, CNOI-21-5
On a motion by Mr. Bitsko and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to issue the full Certificate of Compliance.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 4 Saddle Club Rd, Partial COC-24-15, DEP #201-1299,
OpenGov CNOI-23-22, AOOC-24-1
Ms. Karen Mullins, Conservation Director, stated that based on preliminary review everything
has been built and noted on the as-built, however, a site visit is still needed prior to release of the
Certificate of Compliance to confirm drainage.
On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to issue the Partial Certificate of Compliance, pending a site visit by Ms. Mullins.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 17 Stedman Rd, DEP #201-1167 BL #130, OpenGov
COC-24-13
The request will be posted to the 9/9/2024 meeting for submission of a final as-built plan.
Request for Certificate of Compliance: 7 Crosby Rd, DEP #201-1079 BL #130, OpenGov COC-
24-14
The request will be posted to the 9/9/2024 meeting for submission of a final as-built plan.
7:00 PM New Public Meetings/Hearings
Request for Determination of Applicability: 101-103 Hartwell Ave
OpenGov Permit# CDOA-24-10
Applicant/Property Owner: LS King Hartwell Innovation Campus LLC
Project: Installation of a new water line between the commercial building and Hartwell Avenue
public water line connecting into Hartwell Place which traverses the onsite Bordering Vegetated
Wetlands.
Supplemental Documentation Submitted:
WPA Form 1 – Request for Determination of Applicability; Prepared by: LMA Services
Co., LLC; Prepared for: LS King Hartwell Innovation Campus LLC; Date: 7/29/2024;
Site Plan; Prepared by: Farland Corp.; Stamped and signed by: John K. Marchand, Civil
PE No. 48689; Date: 7/30/2024;
Memorandum: To: Mr. Philip K. Hamilton, Chair; From: Christian A. Farland, PE,
Farland Corporation, Inc.; Subject: Re: Project Narrative – 101-103 Hartwell Avenue;
Date: 7/29/2024
Stevie Carvalho, Farland Corp., presented and stated that the proposed work is to replace the
existing water main to address ongoing issues. Mr. Duke Bitsko, Commissioner, asked if there
will be sediment or erosion controls. Mr. Carvalho stated that there are no proposed erosion
controls nor stockpiling and that erosion control measures can be added to the proposed work.
On a motion by Ms. Ladd and seconded by Mr. Bitsko, the Commission voted 5-0 by roll call
vote to issue a negative determination with conditions.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Abbreviated Notice of Resource Area Delineation: 251 Waltham St
OpenGov Permit# CORD-24-2, DEP#201-1326
Applicant/Property Owner: Town of Lexington
Project: Confirmation of the boundaries of the Bordering Vegetated Wetlands (BVW), Isolated
Land Subject to Flooding (ILSF), and Isolated Vegetated Wetlands (IVW, Code)
Documentation Submitted:
WPA Form 4A: Abbreviated Notice of Resource Area Delineation Application;
Submitted by: Michael Cronin, School Building Committee, on behalf of the Town of
Lexington; Date: 7/30/2024
Wetland Resource Area Assessments, Lexington High School, Lexington, MA; Prepared
by: Julia Stearns, Senior Wetland Scientist/Staff Specialist, and Dennis Lowry, Principal
Wetland Ecologist; Date: 7/25/2024
Memorandum; Subject: Re: Lexington High School; To: Karen Mullins; From: Erin F.
Prestileo, PE, SMMA; Date: 7/30/2024
Existing Conditions Plan; Prepared for: Lexington High School; Prepared by: SMMA;
Signed and Stamped by: Erin F. Prestileo, Civil PE No. 50224; Date: 7/30/2024
Ms. Erin Prestileo, civil engineer, SMMA, Mr. Logan Finney, SMMA, and Ms. Julie Stearns,
SMMA, were present as representatives for this hearing. Ms. Prestileo stated that a site visit by
the Commission will occur next week. Mr. Dennis Lowry, AECOM, stated that 10 freshwater
wetland protected resource areas have been identified on the site, including 7 considered to be
bordering vegetated wetlands and 3 isolated vegetated wetlands.
Mr. Lowry stated that the abutting forested wetlands are included in the submitted drainage
calculations. Mr. Bitsko asked to clarify if soil testing was completed along with reviewing
vegetation present for the delineation. Ms. Stearns stated that the delineation was completed
based on soils and vegetation.
On a motion by Mr. Bitsko and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call
vote to continue the hearing to the 9/9/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 25 Suzanne Road
OpenGov Permit# CNOI-24-20, DEP #201-1327
Applicant/Property Owner: Jeremy Kieval
Project: The construction of an addition and deck within the 100-foot buffer zone to Bordering
Vegetated Wetlands
Documentation Submitted:
Notice of intent Application and Wetland Resource Area Analysis; Prepared for: Jeremy
Kieval, 25 Suzanne Rd; Prepared by: LEC Environmental Consultants, Inc.; Date:
7/30/2024;
Stormwater Analysis and Calculations; Locus: 25 Suzanne Rd; Prepared by: Patriot
Engineering; Stamped and Signed by: Michael J. Novak, Civil PE No. 50696; Date:
6/19/2024
Notice of Intent Site Plan; Prepared for: Jeremy Kieval; Prepared by: Patriot Engineering;
Stamped and Signed by: Michael J. Novak, Civil PE No. 50696; Date: 6/17/2024
Buffer Zone and Restoration Planting Plan; Locus: 25 Suzanne Rd; Prepared by: LEC
Environmental Consultants, Inc.; Date: 7/30/2024
Drainage Area Map; Locus: 25 Suzanne Rd; Prepared for: Jeremy Kieval; Prepared by:
Patriot Engineering; Date: 6/18/2024
Mr. Rich Kirby, presented and stated that in 2013 a Notice of Intent was filed for an addition and
deck on the rear of the dwelling and that the intermittent stream found in the previous delineation
remains. The proposed deck is within the 50-foot buffer zone and a buffer zone restoration plan
is proposed for mitigation. Mr. Michael Novak, Patriot Engineering, stated that PSIS-1 was
added to the proposal to satisfy stormwater requirements.
Mr. Bitsko asked to clarify if the two proposed options have the same quantity of stormwater
chambers in regards to volume. Mr. Novak stated there is minimal difference between the two
proposed options which includes adjustment of the roof capture area. Mr. Hamilton stated that
the third option of proposed drainage is agreed upon by the Commission.
On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 500 Shire Way
OpenGov Permit# CNOI-24-21, DEP #201-1328
Applicant/Property Owner: Kevin Williamson
Project: The partial replacement of a private sewer main within Bordering Vegetated Wetlands
and its 100-fot Buffer Zone.
Documentation Submitted:
WPA Form 3 Notice of Intent Application; Prepared for: Kevin Williamson, Takeda
Pharmaceuticals; Prepared by: John Hart, SMMA; Date: 7/30/2024;
Notice of Intent: Lexington Technology Park Sewer Replacement; Prepared for: Takeda,
300 Shire Way, Lexington, Mass.; Prepared by: SMMA; Date: 7/30/2024
Site Plan; Prepared for: Takeda, 500 Shire Way; Prepared by: Symmes Maini & McKee
Associates; Stamped and Signed by: John C. Hart, Civil PE No. 36738; Date: 7/30/2024
Memorandum; To: Lexington Conservation Commission; From: John Hart, SMMA;
Subject: Re: Site Photographs; Project: Takeda – Sewer Replacement; Date: 7/30/2024
Memorandum; To: Lexington Conservation Commission; From: John Hart, SMMA;
Subject: Re: Stormwater; Project: Takeda Sewer Replacement; Date: 7/30/2024
Mr. John Hart, SMMA, presented and stated that a break in the sewer line needed a repair
recently which led to the condition of the line being reviewed. Mr. Hart stated that the
replacement would be placed between the existing sewer line and the electric line in the road,
and a small portion of the replacement would be within the wetlands. Mr. Hamilton stated that
the updated plans that were presented need to be submitted to the record as well. Mr. Bitsko
stated that Wetlands 7 and 8 had issues associated with the restoration such as a bad scent, soil in
poor condition, and material from the pipes left in the soil.
Ms. Julia Stearns, AECOM, stated that the plantings would wait until the spring, depending on
when the work begins. The top foot of soil will be preserved after removed so it can be placed
back into the wetlands upon completion of the sewer replacement.
Mr. Bitsko asked if any fencing is proposed for the first-year monitoring period. Mr. Hart stated
that fencing was not proposed, but can be included.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings
Notice of Intent: 24 Turning Mill Road
OpenGov Permit# CNOI-24-19, DEP #201-1330
Applicant/Property Owner: Murali Pathivada
Project: The construction of an addition 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
Supplemental Documentation Submitted:
Previous Meeting Dates:8/5/2024
Ms. Mullins stated the applicant is requesting a continuance to the 9/9/2024 meeting.
On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to continue the hearing to the 9/9/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – 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;
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, 5/20/2024, 6/3/2024, 6/17/2024, 7/1/2024, 7/15/2024
The applicant is requesting a continuance to the 9/23/2024 meeting for the applicant to consider
more affordable designs for the proposal.
On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
New Business/Pending Matters, Continued
Schedule site visits for 9/9/2024 Meeting
The site visit for 251 Waltham Street, the High School Project will take place on Tuesday
8/27/2024 at 5:30pm. Additional site visits will tentatively be scheduled for Thursday 8/22/2024
and Wednesday 9/4/2024 starting at 5:30pm.
Enforcement Update: 11 Valley Road
Ms. Mullins stated that she has met on site with Mr. Guo regarding enforcement and she
suggested removal of a 400 square foot area of the driveway. Ms. Mullins stated that proof of
compliance will be difficult since there have not been any plans with dimensions submitted to
the record. Mr. Yifang Guo, owner of 11 Valley Road, stated that he will remove 400 square feet
of the driveway as mitigation. Mr. Hamilton stated that verification of the removal will be
needed. Mr. Bitsko asked if 400 linear feet can be spray painted on the driveway to verify what
has been removed.
Mr. Bitsko stated that the owner needs to hire an engineer to create a plot plan for him to allow
for verification of compliance. Mr. Bitsko also stated that the small garden areas proposed to be
removed should not be included as part of the driveway removal mitigation plan as they are
included in stormwater management on the property. Sketches by the owner will not be approved
for compliance verification.
Reports: Lexington High School Project Update, 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 the Tree Committee is proposing Amendments and suggested the Tree
committee is included in a future meeting.
Ms. Mullins provided an update on Concord Ave management plan and stated that a public
forum has been held and one abutter has submitted written comments against the plan. A public
meeting with the commission is necessary regarding the proposed plan.
Approve Minutes: 6/10/2024 Joint Meeting, 7/15/2024, and 8/5/2024
The 6/10/2024 Joint meeting minutes will be postponed until 9/9 to allow for a quorum.
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call
vote to approve the 7/15/2024 meeting minutes.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call
vote to approve the 8/5/2024 meeting minutes.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Bitsko and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
7:45PM
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 9/9/2024
Archived: 9/25/2024