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HomeMy WebLinkAbout2024-01-16-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, January 16, 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, Alex Dohan, Philip Hamilton (Chair), Jason Hnatko, and Ruth Ladd (Vice-Chair) Staff Present: Karen Mullins, Conservation Director 6:30 PM New Business/Pending Matters Land Acquisition Subcommittee Recommendation to the Conservation Commission: Widnall property (22-63, 22-140), Request land planning and appraisal due diligence funds from Community Preservation Committee Mr. Charlie Wyman, chair of the Land Acquisition Subcommittee, recapped the conversation during the previous meeting, during which the Commission considered the acquisition of the Widnall property, owned by Mr. Bill Widnall and Mrs. Sheila Widnall. A site visit was held on Saturday, January 13, 2023 with members of the Commission, Mr. Wyman, Mr. and Mrs. Widnall, and other committees of interest. Questions and Comments from the Commission:  What kind of funds are necessary for the land appraisal?  There is no connection to other Conservation-owned properties. It’s a considerable amount of money to be responsible for potential encroachments and/or other issues.  Does the Historical Commission (HC) have interest in the property?  Would need a feasibility study performed to determine if the Commission can obtain an easement from Summit Road onto this property.  In favor of maintaining open space, however this interior parcel is small. If there could be an access from Summit Road onto this property, it could connect well with the ACROSS Lexington route that runs through Daisy Wilson Meadow.  What is the legal status of the bridle path? Is it a public way? Could we establish a walking path along Bridle path, whether or not the Commission acquires the land? Responses from Mr. Wyman  The group has not discussed the cost of appraisal at this point, however Mr. Widnall has said will consider a sale at less than fair market value. Can assume the cost of an appraisal would range between $15,000 - $20,000.  Have not approached the HC as a whole or opened up the conversation yet. Mr. Widnall stated that he would be pleased to have an access right of way, deeded or restricted on his property, running perpendicular to Summit Road. He added that the most direct access is very steep, and hopes to locate an old map that shows the public right of way which believes has suffered adverse possession by a neighbor in the last 30-40 years. Request for Certificate of Compliance: 17 Augustus Road, OpenGov Permit# COC-23-27, DEP# 201-1218, CNOI-21-12 (Full) Ms. Mullins stated that she has not had the opportunity to complete a site visit to review the site’s restoration conditions and confirm the location of the Feno bounds. On a motion by Mr. Hnatko and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance, pending a confirmatory site visit by staff. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Request for Certificate of Compliance: 160 Lincoln Street, OpenGov# COC-23-35, DEP#201- 1081, BL# 1038 (Full) Ms. Mullins stated that she needs to complete a site visit to confirm the current conditions of the site because the submitted restoration report is last dated 2021. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance, pending a confirmatory site visit by staff. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Request for Certificate of Compliance: 18 Peacock Farm Road, COC-23-33, DEP# 201-1222, CNOI-21-16 (Full) On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Request for Certificate of Compliance: 3 Goffe Road, VPC# COC-23-17, DEP# 201-1192, CNOI-20-21, AOOC-21-11, 2021 Enforcement Order (Full) Ms. Mullins stated that the inspection ports were installed as requested by the Commission during their meeting in December, and that there is no required monitoring because the Order of Conditions did not require any restoration plantings. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Complete Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Vote to Issue the Order of Conditions: 107 Blossomcrest Road, OpenGov Permit# CNOI-23-29, DEP# 201-1304 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: Duke Bitsko – Abstain from vote (not present when the hearing was closed) Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Vote to Issue the Order of Conditions: 2 Farm Road, OpenGov Permit# CNOI-23-28, DEP# 201- 1306 Ms. Mullins stated that the three-year survivability period for the tree replanting has been added as a standard condition, and will check to see if the Commission required replanting with a 3- inch caliper tree instead of 1.5 as shown on the plan. On a motion by Ms. Ladd 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: Duke Bitsko – Abstain from vote (not present when the hearing was closed) Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye New Public Meetings/Hearings Notice of Intent: 23 Turning Mill Road OpenGov Permit# CNOI-23-32, DEP# 201-1305 Applicant/Property Owner: Pavlik and Linda Mintz Project: Reconstruction of a deck within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent Application and Wetland Resource Area Analysis; Prepared by: Rich Kirby, LEC Environmental; Date: 12/20/2023;  Conservation Plan; Prepared by: Rober Survey; Date: 11/9/2023; Ms. Nicole Ferrara, LEC Environmental Consultants, presented to the Commission. Ms. Dohan recused herself from the discussion and vote because she is a neighbor to the subject property. Ms. Ferrara stated that the footprint of the deck, which includes the gravel underneath and is about a foot off the ground, will measure 14 feet by 25.7 feet. She added that the size of the deck couldn’t be designed any smaller and 15 native sapling shrubs are being proposed within the wetland area and will be placed on site by LEC. Ms. Ladd said that she would like to see the deck narrower in order to remove it from within the 25-foot buffer zone. Feno markers are to be installed in a straight line from Wetland Flag F3 to F7 and continuing straight to the intersecting side property lines. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Notice of Intent: 40 Sherburne Road OpenGov Permit# CNOI-23-33 (No DEP Filing number issued as of 1/11/2024) Applicant/Property Owner: Renan Bareto, 40 Sherburne LLC Project: raze and rebuild of a single-family dwelling within the 100-foot buffer zone to Bordering Vegetated Wetlands Documentation Submitted:  Notice of Intent application packet; Prepared by: Michael Ball, Marsh Matters Environmental;  BVW Delineation Form  Stormwater Management Report; Prepared by: Amoskeag Engineering Consultants, PLLC; Stamped and signed by: Patrick L. Bower, PE Civil No. 48026; Date: 12/21/2023;  Proposed Utility Site Plan; Prepared by: Amoskeag Engineering Consultants, PLLC; Stamped and signed by: Patrick L. Bower, PE; Date: 12/22/2023; Mr. Michael Ball, Marsh Matters Environmental, was present at the public meeting. The applicant received comments from town staff prior to the meeting and would prefer to continue the hearing to address these comments in time for the initial presentation. On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to the February 12, 2024 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Continued Public Meetings/Hearings 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 Previous Meeting Date: 10/30/2023 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: 12/20/2023;  Site Development Plan; Prepared by: McKenzie Engineering Group; Stamped and signed by: Bradley C. McKenzie, PE; Date last revised: 12/20/2023; On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to continue the hearing to the January 29, 2023 meeting at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye New Business/Pending Matters, Continued Renew Waltham Street and Hayden Woods Agricultural License Agreement with Dennis Busa for 2024 and 2025 calendar years During their last meeting, the Commission discussed the history of fees charged for the two agricultural licenses. Staff informed the Commission that the fees charged to Mr. Busa have not changed in at least twenty years, and in fact less area is being farmed that before due to the area being wet. Ms. Mullins stated that these are the only agricultural licenses in town and that the fees go into the general fund. The Commission would like staff to touch base with Mr. Busa in a year and discuss the potential for a fee increase, but not make any changes to the fees until a new contract is signed in two years after the Commission votes. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to renew the agricultural license agreement with Mr. Busa for the 2024 and 2025 calendar years. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Vote to authorize Conservation Commission Chair to sign application (as the Land Manager) for DCR Mass Trails Grant Program for Willard’s Woods UA trail improvements project Ms. Mullins stated that the grant funds would supplement the amount previously received from the Community Preservation Committee (CPC). Staff are continuing to work with Kyle Zick Landscape Architecture, Inc. (KZLA) on the final design and plans for the Willard’s Woods UA trail improvements project, and that the estimated cost has gone up since the estimate was created. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote authorize the Conservation Commission Chair to sign the application for submittal of the DCR Mass Trail Grants Program. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Philip Hamilton – Aye Mr. Hnatko left the meeting. Lexington High School Redevelopment Process Update Mr. Hamilton stated that he signed up for a focus group called Site Safety and Security with regards to the high school development project. He added that there are two other focus groups, Sustainability & MEP Systems (Mechanical, Electrical and Plumbing) if members of the Commission wanted to attend and provide comments. Ms. Mullins stated that the school has to move quickly to obtain school building assistance funding. Approve Minutes: 12/11/2023 and 1/4/2024 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the Minutes of the December 11, 2023 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve the Minutes of the January 2, 2024 meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Schedule site visits: 1/29/2024 meeting Commission will revisit 12 Cedar Street Reports: Enforcement Updates, Bike Advisory, Community Gardens, Community Preservation Committee, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan The Select Board will be voting to approve Mr. Tom Whelan’s appointment to the Conservation Commission during its meeting on January 22, 2024. Ms. Dohan stated that the Greenway Corridors Committee (GCC) met during the last week and are waiting on the approval paperwork to be issued for the Judy Record Fund. The Committee received verbal approval of receiving the funds. The Commission will hold public meeting(s) regarding the land management plan. Ms. Mullins stated that, she informed a member of the GCC that if the land management plan’s recommendation is to put in a trail, that before the trail is installed, the Commission will want the property lines to be properly posted. A joint meeting with the Conservation Stewards will be on Tuesday, January 23, 2023. The Commission will discuss project priority setting and goals with the Stewards. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Duke Bitsko – Aye Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Philip Hamilton – Aye Respectfully Submitted via Video Recording, Meghan McNamara, Planner Approved: 1/29/2024 Archived: 11/29/2024