HomeMy WebLinkAbout2024-09-09-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, September 9th, 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, Philip Hamilton (Chair), Jason Hnatko,
Ruth Ladd (Vice-Chair), Thomas Whelan; Not present: Alexandra Dohan
Staff Present: Karen Mullins, Conservation Director, Not present: Megan Downer, Department
Assistant
6:30 PM New Business/Pending Matters
Conservation Plan Modification/Insignificant Plan Change: 40 Sherburne Rd, CPM-24-4, CNOI-
24-8
Mr. Renan Barreto, manager of 40 Sherburne Rd, presented and stated that the proposed plan
now includes removal of the previously approved pool and deck. Mr. Barreto stated that the
proposed plan modification does not alter stormwater management and focuses on reducing the
footprint.
On a motion by Mr. Beuttell 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:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 17 Banks Ave, DEP #201-1107, OpenGov COC-21-1
Ms. Karen Mullins, stated that the conservation area adjacent to the east property line was
bounded and mowing has ceased for the last two years and is now in compliance.
On a motion by Ms. Ladd 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:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 26 Dane Rd, OpenGov COC-24-16, DEP #201-1118, BL
1065,
Ms. Mullins stated that a partial certificate of compliance was previously issued and the ongoing
monitoring and restoration period has ended.
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:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 17 Augustus Rd, DEP #201-1218, OpenGov COC-23-37,
CNOI-21-12
Ms. Mullins stated that this request involved the construction of a deck and a restoration plan. A
revised as built plan has been submitted and the property is complying.
On a motion by Ms. Ladd 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:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Vote to Issue Order of Conditions: 25 Suzanne Rd, DEP 201-1327, OpenGov CNOI-24-20
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.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Vote to Issue Order of Conditions: 500 Shire Way, DEP 201-1328, OpenGov CNOI-24-21
Mr. Duke Bitsko, Commissioner, stated that the Commission requests new soil and plantings in
the restoration area rather than the originally proposed seed mix.
On a motion by Mr. Bitsko and seconded by Ms. Ladd, 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 – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Schedule site visits for 9/23/2024 Meeting
The site visits will be scheduled for Wednesday 9/18/2024 starting at 5:30pm.
Approve FY24 Annual Report
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll
call vote to approve the FY24 Annual Report.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Approve Minutes: 8/19/2024
On a motion by Mr. Bitsko and seconded by Ms. Ladd, the Commission voted 5-0 by roll call
vote to approve the 8/19/2024 meeting minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
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. Ms. Ladd stated that a
member of the Tree committee should be included in a future meeting to discuss the regulations.
Mr. Beuttell stated that The Community Preservation Committee will have their first meeting on
9/19/2024 to prepare for the Spring Town Meeting.
Ms. Mullins presented budgetary updates including a request for funds to install a hydraulic
tailgate lift on the town truck for loading and unloading the mower.
7:00 PM New Public Meetings/Hearings
Request for Determination of Applicability: 21 Thoreau Rd
OpenGov Permit# CDOA-24-11
Applicant/Property Owner: Donald and Teresa Nelson
Project: Replacement of an existing basement sump pump and a proposed overflow connection
to the municipal separate storm sewer system.
Supplemental Documentation Submitted:
WPA Form 1 – Request for Determination of Applicability; Prepared for: Donald &
Teresa Nelson, 21 Thoreau Rd; Prepared by: Nicholas Betts, Meridian Associates, Inc.;
Date: 8/8/2024
Memo; Subject: Re: 21 Thoreau Road, Lexington, Massachusetts; To: Karen Mullins and
Members of the Conservation Commission; From: David Kelley, Meridian Associates,
Inc.; Date: 8/8/2024
Plans; Sheet 1, Record Conditions Plan, Sheet 2, Site Plan & Details; Locus: 21 Thoreau
Road; Prepared for: Donald R. Jr & Teresa M. Nelson; Signed and stamped by: David
Kelly, PE #49369; Date: 8/8/2024
HydroCAD Report; Locus: 21 Thoreau Rd; Prepared by: HP Inc.; Date: 7/17/2024
* Commissioner Jason Hnatko joined the meeting.
Mr. Nicholas Betts, Meridian Associates, presented and stated that the proposal includes the
replacement of the existing sump pump in their basement. Mr. Betts stated that the project
location is not under wetland jurisdiction, however the overflow connects to the town drainage
system which leads towards Vine Brook. A positive engineering review is needed prior to
closing this hearing.
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 20 Brent Rd
OpenGov Permit# CNOI-24-25, DEP #201-1333
Applicant/Property Owner: Town of Lexington
Project: Construction of a universally-accessible trail network with upgrades to existing trails,
new trail segments, a new boardwalk trail segment, new pond overlook, upgrades to the existing
driveway and parking area, and invasive species management at Willard’s Woods.
Documentation Submitted:
Notice of Intent: Improvements to Willard’s Woods Conservation Area; Locus: Parcel
76-11A and Parcel 70-61; Prepared for: Town of Lexington; Prepared by: Kyle Zick
Landscape Architecture, Inc.; Date: 8/20/2024
WPA Form 3: Notice of Intent Application; Locus: Parcel 76-11A and Parcel 70-61;
Prepared for: Town of Lexington; Prepared by: Kyle Zick Landscape Architecture, Inc.;
Date: 8/20/2024
Description of Proposed Work; Prepared for: Willard’s Woods Conservation Area;
Prepared by: Kyle Zick; Date: 8/18/2020
Stormwater Management Report; Prepared for: Town of Lexington, MA Willard’s
Woods Conservation Area; Prepared by: Kyle Zick Landscape Architecture, Inc.; Date:
July 2024
Pre-Development Watershed Map: Figures 1 and 2; Prepared for: Willard’s Woods
Conservation Area, Town of Lexington; Prepared by: Woodard & Curran; Date: July
2024
Checklist for Stormwater Report: Signed and stamped by: Kevin McCaffrey, PE #46776;
Date: 7/10/2024
Construction Documents; Prepared for: Town of Lexington, MA; Prepared by: Kyle
Zick, Landscape Architecture, Inc.; Date: 8/20/2024
Ms. Tracy Hudak, Zick Landscape Architecture, presented and Mr. Kyle Zick, Zick Landscape
Architecture, along with Mr. Kevin Mccaffery, Project Civil Engineer, were also present. Ms.
Hudak stated that the proposed project crosses multiple resource areas and includes stonedust
paths, boardwalk 5 feet wide with a curb and an overlook at the Mill Pond. The project proposed
is the creation of universally-accessible trails at Willard’s Woods including proposed vegetation
management.
Ms. Hudak stated that additional invasive species management is proposed dependent on the
remaining funding at the project’s completion. Mr. Tom Whelan asked to clarify if the parking
area surface, proposed to become impervious and was previously pervious, is necessary in order
to meet ADA standards. Ms. Hudak stated that the creation of the impervious surface would
eliminate sediment load that has been entering the wetlands. The project proposal includes
widening the entrance to the parking area to allow for cars to enter and exit the lot
simultaneously. Along the slope down from the area near the fire pits and near the ditch that
currently passes under the trail, Ms. Hudak stated that a swale is proposed with two stone
mattresses 16 feet wide for stormwater management included. All proposed tree removals are of
dead or hazardous trees. The handicap parking space on Hathaway is outside of the resource
areas buffer zones.
Ms. Ladd asked to clarify if there will be a diversion of water at the parking lot entrance
driveway. Ms. Hudak stated that at the current condition, the water from the driveway goes into
the wetlands. The proposed project will result in water being redirected to the depression on the
southern side of the drive. Mr. Bitsko asked who is responsible for the maintenance of the
parking area of Willard’s Woods. The Conservation department is responsible for maintenance
of conservation areas and collaborates with the Department of Public Works for maintenance.
Mr. McCaffrey stated that clarification from town engineering is needed based on their submitted
comments.
Mr. Bruce Kaser, abutter, stated concern that the proposal is destructive of natural areas and
would disturb wildlife, as the proposed work is in the resource area. Mr. Kaser stated that the
project cost is high and the overall project does not favor dog walkers. He asked for clarification
on the purpose of the proposed project. Mr. Hamilton stated that, due to lack of accessibility in
Lexington’s Conservation areas, the Disability Commission had asked the Commission to
consider the proposed project which has had various public meetings.
Mr. Ted Lyman, abutter and land steward, stated the plan is comprehensive but appears different
from the original plans presented in Town Meeting previously. Mr. Lyman stated that the
proposed plan which includes fences will limit access and will reduce the wild appeal of the area.
He also expressed concern about off-leash dog walking being reduced once a boardwalk is
installed.
Mr. Hamilton stated a primary usage of the Willard’s Woods paths is for walking dogs. Mr. Erik
Jacobs, abutter, expressed concern for off leash dog walking privileges being revoked after the
completion of the project. Mr. Hamilton stated that the proposed project will only be impacting
one portion of Willard’s Woods.
Ms. Ann McDonald Brown, abutter, expressed concern for the installation of a boardwalk in
regards to the safety of handicap users and dog walkers not having the ability to easily move to
the side of the path for allowing others to pass by.
Ms. Jen Gunther, abutter, stated that the Mill Pond is not currently wet and asked for clarification
if there is a plan to restore the pond. Ms. Hudak stated that whether or not there is water visible,
the area is still a wetland and the pond is created by an intermittent stream and there is no control
over the amount of water in the pond. Ms. Gunther asked if the existing stone wall will be
repaired as part of the project. Repairing of the stone wall is not part of the proposed project.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 4 Milk Street
OpenGov Permit# CNOI-24-22, DEP #201-1329
Applicant/Property Owner: Balakumar Thangaraj
Project: The construction of an addition to a single-family dwelling within the 100-ft buffer zone
to Bordering Vegetated Wetlands.
Documentation Submitted:
Notice of Intent Application Packet; Prepared for: Balakumar Thangaraj, 4 Milk St.,
Lexington, Mass.; Prepared by: Dillis & Roy, Civil Design Group; Date: 7/25/2024;
Notice of Intent Plan; Prepared for: Balakumar Thangaraj, 4 Milk St., Lexington, Mass.;
Prepared by: Dillis & Roy, Civil Design Group; Stamped and Signed by: Gregory Roy,
Civil PE #46070; Date: 7/25/2024
“Stormwater Management Memo”; Prepared for: 4 Milk St; Prepared by: Dillis & Roy,
Civil Design Group; Date: 7/15/2024
Stormwater Operation and Maintenance Manual; Prepared for: Balakumar Thangaraj, 4
Milk St., Lexington, Mass.; Prepared by: Dillis & Roy, Civil Design Group; Date:
7/25/2024;
Mr. Ryan Proctor, Dillis & Roy, presented and stated the proposal includes an addition with a
portion being installed over an existing deck along with a proposed fence within the 25-foot
buffer zone to separate the resource area to be able to naturalize. Ms. Ladd asked to clarify if
FENO markers will be installed. Mr. Proctor stated that the proposed fence was proposed to act
as a visual barrier of where the resource area is. Ms. Ladd stated that FENO markers must be
installed as well. Mr. Bitsko asked to clarify if the existing deck is impervious. Mr. Proctor
clarified that the deck is semi-pervious and the 3-season room is included in stormwater
calculations as impervious.
On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 52 Turning Mill Road
OpenGov Permit# CNOI-24-23, DEP #201-1331
Applicant/Property Owner: Jeong-Ju Cho
Project: After the fact approval for the construction of a pergola over an existing driveway within
the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
Documentation Submitted:
WPA Form 3 Notice of Intent Application; Prepared for: Jeong-Ju Cho, 52 Turning Mill
Road; Prepared by: Richard Kirby, LEC Environmental; Date: 8/9/2024;
Notice of Intent Application; Prepared for: Jeong-Ju Cho, 52 Turning Mill Road;
Prepared by: Richard Kirby, LEC Environmental; Date: 8/20/2024;
Pergola Site Plan; Prepared for: Prepared for: Jeong-Ju Cho, 52 Turning Mill Road;
Prepared by: Henderson Consulting Services; Stamped and Signed by: Scott P.
Henderson, Civil PE #51845; Date: 7/28/2024
Supplemental Documentation Submitted:
Wetland/Buffer Zone Restoration & Mitigation Planting Plan; Prepared for: 52 Turning
Mill Rd; Prepared by: LEC Environmental Consultants; Date: 8/13/2024; Revised:
8/30/2024
Ms. Nicole Ferrara, LEC Environmental, presented and stated that property previously came
before the Commission for an enforcement order this year. Ms. Ferrara stated that a portion of
the driveway and existing house is within the 25-foot buffer zone. Previously requested
mitigation and enforcement plans have been completed on the property. Ms. Ferrara stated that
an invasive species management and mitigation planting plan is proposed to improve 11,780
square feet with invasive species management. Mr. Beuttell asked for clarification on what the
rooftop is proposed to be for the proposed pergola. Ms. Ferrara stated that the pergola is open
roofed and intended to be where the homeowners will park. Mr. Hamilton stated that a waiver
request is required to deviate from the previously approved enforcement order.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 92 Hill St
OpenGov Permit# CNOI-24-24, DEP #201-1332
Applicant/Property Owner: Fernando Dalfior
Project: Raze and rebuild of a single-family dwelling within the 100-foot Buffer Zone to
Bordering Vegetated Wetlands and an intermittent stream.
Documentation Submitted:
WPA Form 3 Notice of Intent Application; Locus: 92 Hill St; Prepared for: Fernando
Dalfior, Dalfior Development; Prepared by: Richard Kirby, LEC Environmental; Date:
8/19/2024;
Notice of Intent Application and Wetland Resource Area Analysis; Prepared for: Dalfior
Development, 92 Hill Street; Prepared by: LEC Environmental Consultants, Inc.; Date:
8/20/2024;
Notice of Intent Site Plan; Locus: 92 Hill St; Prepared for: Dalfior Development;
Prepared by: Patriot Engineering; Stamped and Signed by: Michael Novak, Civil PE
#50696; Date: 8/13/2024
Stormwater Analysis and Calculations; Prepared for: 92 Hill St; Prepared by: Patriot
Engineering; Stamped and Signed by: Michael Novak, Civil PE #50696; Date: 8/13/2024
Operation and Maintenance Plan; Prepared for: 92 Hill St; Prepared by: Patriot
Engineering; Date: 8/13/2024
The applicant has requested a continuance to the 9/23/2024 meeting without testimony.
On a motion by Mr. Hnatko and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings
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, Mr. Logan Finney, and Ms. Julie Stearns, all representatives from SMMA,
were present for this hearing. Ms. Prestileo stated that a number of flags were asked to be revised
during the site visit. Ms. Stearns presented the revised plans that include the revised wetland
bounds. The Commission will return to the site to review the revised flags.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – 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 #201-1330
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
Previous Meeting Dates:8/5/2024
The applicant has requested a continuance to the 9/23/2024 meeting.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to continue the hearing to the 9/23/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Approve Minutes: 6/10/2024 Joint Meeting
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to approve the 8/19/2024 meeting minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Abstain
Philip Hamilton – Abstain
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll
call vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Respectfully Submitted via Video Recording,
Megan Downer
LUHD Department Assistant
Approved: 10/7/2024
Archived: 10/11/2024