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HomeMy WebLinkAbout2024-09-23-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, September 23rd, 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: Alexandra Dohan, Philip Hamilton (Chair), Ruth Ladd (Vice-Chair), Thomas Whelan; Not present: Kevin Beuttell, Duke Bitsko, and Jason Hnatko Staff Present: Karen Mullins, Conservation Director, Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Conservation Plan Modification/Insignificant Plan Change: 1010 Waltham St, CPM-24-5, DEP #201-1220 Mr. Jim Borrebach, OHI Engineering, presented and stated that the proposed plan modification involves a new shed containing a pressure tank, branch waterline to the tank, and associated controls and utilities. The proposed shed is 73 feet from the resource area. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to approve the insignificant plan change. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 32 Tarbell Ave, DEP #201-1297, OpenGov PCOC-24-17 Ms. Karen Mullins, Conservation Director, stated that additional information is needed prior to the release of this Certificate of Compliance. Request for Certificate of Compliance: 17 Stedman Rd, OpenGov COC-24-13, DEP #201-1167, BL 130, Ms. Mullins stated that 17 Stedman Road is pending an as built plan and she will follow up with the applicant. Request for Certificate of Compliance: 7 Crosby Rd, DEP #201-1079, OpenGov COC-24-14, BL 130 Ms. Mullins stated that 7 Crosby Road is pending an as built plan and she will follow up with the applicant. Request for Certificate of Compliance: 21 Hathaway, OpenGov PCOC-24-18, CNOI-23-26 Ms. Mullins stated that she will be visiting the site this week and this Certificate of Compliance will be on the 10/7/2024 meeting agenda. Schedule site visits for 10/7/2024 Meeting The Commission will revisit the site at 251 Waltham Street on Monday, September 30th at 1pm. Enforcement Update: 11 Valley Road Mr. Yifang Guo, homeowner, was not in attendance of the meeting. Ms. Mullins stated that in the previous meeting on this enforcement, the Commission asked for plans that represent the existing conditions with measurements. Ms. Mullins stated that the revised proposal from Mr. Guo provides the required dimensions for staff to verify compliance. Ms. Ladd asked to clarify if the planters on the property are included in the proposed driveway area for removal. Ms. Mullins clarified the area in question is pavement and that the dirt is beyond the pavement. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to approve the proposed removal of pavement. Record of Vote as Follows: Alexandra Dohan – 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 Commission received a letter regarding an enforcement update for 1359R Massachusetts Ave from Mr. Seth Donohoe, Dillis & Roy. Ms. Mullins suggests the Commission visits the site to review compliance prior to the plantings. The Commission will visit the site on October 1st at 5:30pm. 6:53pm Requests for Continuances Notice of Intent: 33 Woodpark Circle OpenGov Permit# CNOI-24-26, DEP #201-1334 Applicant/Property Owner: Mark and Linda Adler Project: Construction of an accessory dwelling within the 100-foot Buffer Zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent: 33 Woodpark Circle; Prepared for: Mark & Linda Adler; Prepared by: Williams & Sparages LLC; Date: 9/3/2024  WPA Form 3: Notice of Intent Application; Locus: 33 Woodpark Circle; Prepared for: Mark & Linda Adler; Prepared by: Williams & Sparages LLC; Date: 9/3/2024  Permit Site Plan; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Williams & Sparages; Signed and Stamped by: Peter M. Blaisdell Jr., Civil PE #41613; Date: 7/25/2024; Last Revised: 8/30/2024  Mitigative Drainage Analysis; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Williams & Sparages; Date: 7/25/2024;  Watershed & Soils Map; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Williams & Sparages; Signed and Stamped by: Peter M. Blaisdell Jr., Civil PE #41613; Date: 7/25/2024; Last Revised: 8/30/2024  Photos representative of the site; Not Dated  Bordering Vegetated Wetland Determination Form: Wetland; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Thorson Akerly; Not Dated  Bordering Vegetated Wetland Determination Form: Upland; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Thorson Akerly; Not Dated On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/7/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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. Supplemental Documentation Submitted: None Previous Meeting Date: 9/9/24 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/7/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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. Supplemental Documentation Submitted:  Waiver Request for Notice of Intent Application; Locus: 52 Turning Mill Rd; Prepared by: Nicole Ferrara, LEC; Date: 9/17/2024 Previous Meeting Date: 9/9/24 On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/7/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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) Supplemental Documentation Submitted: None Previous Meeting Date: 8/19/2024, 9/9/2024 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/7/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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, 7/16/2024, 8/19/2024 On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/21/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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 additions within the 100-ft buffer zone to Bordering Vegetated Wetlands Supplemental Documentation Submitted: None Previous Meeting Dates:8/5/2024, 8/19/2024 (no testimony), 9/9/2024 (no testimony) On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to continue the hearing to the 10/7/2024 meeting, at the applicant’s request. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 17 Wyman Road OpenGov Permit# CDOA-24-13 Applicant/Property Owner: Don Cusano Project: Raze and rebuild of a single-family dwelling. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Prepared for: Sam Choi, 17 Wyman Rd; Prepared by: Don Cusano; Date: 9/3/2024  Drainage & Erosion Control Analysis; Locus: 17 Wyman Rd; Prepared for: Don Cusano; Prepared by H-Star Engineering; Signed and Stamped by: Bernard H. Hamill, Civil PE #32401; Date: 8/21/2024  Plot Plan; Locus: 17 Wyman Rd; Prepared for: Don Cusano; Prepared by: H-Star Engineering; Signed and Stamped by: Bernard H. Hamill, Civil PE #32401, LS #33595; Date: 8/21/2024  Floor Plans; Prepared for: Sam Choi, 17 Wyman Rd, Lexington, Mass.; Prepared by: Don Cusano; Date: 7/23/2024  Photographs Representative of the Site; Not Dated Mr. Donald Cusano, Do It Kitchen and Design, presented and stated that the proposed project is the raze and rebuild of a single-family home beyond the 100-foot buffer zone. Mr. Hamilton stated that during the site visit, it was confirmed that this project is outside of the 100-foot buffer zone. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to issue a negative determination. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:04pm Request for Determination of Applicability: 16 Stratham Road OpenGov Permit# CDOA-24-12 Applicant/Property Owner: George Katsarakes Project: Removal and replacement of an existing driveway. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 16 Stratham Road, Lexington, Mass.; Prepared for: George Katsarakes and Panagiota Katsarakes; Prepared by: George Katsarakes; Date: 9/3/2024  Project Description; Prepared by: George Katsarakes; Not Dated  MapGIS Site Plan: Locus: 16 Stratham Rd, Lexington, Mass.; Date: 8/31/2024 Mr. George Katsarakes, homeowner, presented and stated that the location of the driveway to be replaced is within the 100-foot buffer zone to bordering vegetated wetlands and that erosion controls have been installed. Ms. Mullins stated that it would be repaved in kind. Ms. Ladd suggests a swale or stone trench on the side of the driveway closest to the wetland to address runoff from the driveway. Ms. Ladd also suggests a condition be included with the required dimensions for the stone trench. On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Determination of Applicability: Stratham Road and Woodberry Road OpenGov Permit# CDOA-24-14 Applicant/Property Owner: George Katsarakes Project: Complete milling and repaving up to 16 feet in width of an existing unaccepted road. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: Stratham Road and Woodberry Rd, Lexington, Mass.; Prepared by: George Katsarakes; Date: 9/3/2024  Project Description; Prepared by: George Katsarakes; Date: 9/3/2024  MapGIS Site Plan: Locus: Stratham Road and Woodberry Road, Lexington, Mass.; Date: 8/31/2024  Topographic Plan; Locus: Stratham Road; Prepared by Rober Survey; Date: 7/19/2024  Signatures of Direct Abutters of Stratham Road and Woodberry Road; Prepared by: George Katsarakes; Date: 9/3/2024 Mr. Katsarakes, representative for the roadway re-pavement project, presented and stated that National Grid had replaced utilities in the roadway and are proposing a permanent pavement including repaving the full width of the road. Ms. Ladd stated that there was prior discussion about a berm installed by a neighbor being addressed in this project. Mr. Yang Hu, owner of 19 Stratham Road, stated that he has concerns about the runoff being directed only to one side of the road and into their property. Mr. Hamilton stated that a condition will be added regarding runoff and the maximum width of the roadway paving will be 16 feet wide. Mr. Sandeep Hedgire, abutter, stated that for safety concerns, he is asking that the re-pavement extend to the junction of Woodberry and Mass Ave. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Continued 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:  Engineering Comments 2; Prepared by: Matthew Weisman; Date: 9/17/2024 Previous Meeting Date: 9/9/24 Ms. Mullins presented the latest engineering comments from 9/17/2024. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:39pm 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. Supplemental Documentation Submitted:  Drainage Report; Prepared by: Dillis & Roy Civil Design Group; Date: 9/18/2024 Previous Meeting Date: 9/9/24 Mr. Seth Donohoe, Dillis & Roy, presented and stated that the proposal includes an addition and a restoration area and that all comments from engineering have been addressed. Ms. Ladd asked for a third Feno bound to be installed to ensure the restoration area is clear. Mr. Donohoe stated that a third Feno marker will be installed. An updated engineering letter had not been provided as the supplemental information was submitted after the supplemental information deadline. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 4-0 by roll call vote to close the hearing with the documentation to be held by the Conservation department pending a clear engineering letter. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – 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. Supplemental Documentation Submitted:  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; Revised: 9/9/2024  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; Revised: 9/5/2024  Buffer Zone Mitigation Planting Plan; Locus: 92 Hill St; Prepared by: LEC Environmental Consultants, Inc.; Date: 8/13/2024  Cover Letter; Prepared by: Nicole Ferrara; Date: 9/17/2024 Previous Meeting Date: 9/9/24 (no testimony) Ms. Nicole Ferrara, LEC Environmental, presented and stated that a portion of the existing house is currently located within the 50-foot buffer zone and that the proposal includes the raze and rebuild of a single-family home. The proposed project would move the dwelling an additional 5 feet from the resource area. The proposal includes removal of diseased beech trees on the property. Mr. Michael Novak, Patriot Engineering, presented the proposed drainage plan which included a yard drain. Ms. Ferrara stated the proposed planting plan includes a proposal of 2,535 square feet of restoration within the 25-foot buffer zone. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Alexandra Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 8:04pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 10/7/2024 Archived: 10/11/2024