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