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HomeMy WebLinkAbout2025-01-06-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, January 6th, 2025, 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, Alexandra Dohan, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan; Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters 2025 Native Plant Kit Sale: Approve expenditure from Lexington Nature Trust Fund to support purchase of suggested plant species Mr. Charlie Wyman, Chair of Lexington Living Landscapes, presented and stated that the Conservation Commission and Lexington Living Landscapes have partnered for native plant sales for three years and that the previous years were a success in pollinator planting kit sales. The plants are ordered from Bagley Pond Perennials and are preordered through the MyRec website and then distributed in May at the Department of Public Works (DPW). Mr. Wyman stated that the proposed plants for sale include 4 species for sun kit, 4 species for shade kit, and there will be 40 shade kits, 20 sun kits and 6 a la carte plants for sale. Mr. Wyman stated that the total cost being requested from the Nature Trust Fund is $6,384. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to appropriate $6,400 from the Lexington Nature Trust Fund to purchase the plants for the 2025 Native plant Sale. Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Discuss Open Meeting Law Complaint regarding 12/16/2024 Meeting and the 675 Waltham Street Executive Session Mr. Hamilton stated that an abutter to 675 Waltham Street submitted an open meeting law complaint regarding the 12/16/2024 meeting. Mr. Hamilton stated that the purpose of the complaint was that the Commission did not adequately advise the public of the purpose of the executive session. The Commission acknowledges receipt of the complaint and will delegate this to Town Counsel. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to acknowledge receipt of the complaint and to delegate the response to the Town Counsel and Town staff. Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Executive Session: Exemption 6: To consider the purchase, exchange, lease or value of real property, Stone Meadow, 675 Waltham St Mr. Hamilton stated that an executive session is not necessary at this time. Stone Meadow, 675 Waltham St, License Agreement Mr. Hnatko stated that the two termination sections of the agreement conflicted with the number of days. Mr. Hamilton stated one is termination while the other is revocation. On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to approve the license agreement and to delegate the chair to sign it on behalf of the Commission. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Approve Minutes: 12/16/2024 On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the 12/16/2024 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 560 Concord Ave, DEP #201-1344, OpenGov CNOI-24-38 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the order of conditions. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 1/21/2025 Meeting Ms. Mullins stated that staff received notice from one of the applicants that their wetland consultant would not be available on 1/18/2025 for a site visit to review the submitted Abbreviated Notice of Resource Area Delineation. The site visits will be scheduled for Saturday 1/11/2025 starting at 9:30am. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee Mr. Beuttell stated that CPC approved multiple projects. Ms. Mullins stated the approved projects include the Simonds Brook Rangeway Road trail rerouting design and engineering, and the Cotton Farm ADA connector trail to the Community Center Ms. Mullins stated the enforcement on Valley Road has not been completed and staff will need to follow up with the owner on this. Ms. Dohan asked for an update on the Wright Farm Barn. Ms. Mullins stated that Shawn Newell is working on various projects and that environmental testing was requested and would need to be completed before moving forward with the Wright Farm Barn project. Mr. Hamilton stated that given the time remaining in the New Business/Pending Matters portion of the meeting, the Commission could vote on the five requested continuances. Notice of Intent: 1367 Massachusetts Ave (Formerly 1359R Massachusetts Ave) OpenGov Permit# CNOI-24-37, DEP #201-1346 Applicant/Property Owner: Rajesh Janu Project: Reconstruction of a single-family dwelling and construction of an addition within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for: Rajesh Janu; Prepared by: Seth Donohoe, Dillis & Roy Civil Design Group, Inc.; Date: 11/22/2024  Notice of Intent; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for: Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group, Inc.; Date: 11/25/2024  Notice of Intent Plan; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for: Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group; Stamped and Signed by: Francis McPartlan, Civil PE No. 49572; Date: 11/22/2024  Memorandum; Subject: 1359R Massachusetts Avenue Lexington, MA; To: Lexington Conservation Commission; From: Dillis & Roy Civil Design Group; Stamped and Signed by: Francis McPartlan, Civil PE No. 49572; Date: 11/22/2024 Supplemental Documentation Submitted:  Remediation Plan; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for: Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group; Scale: 1 in. = 20 ft.; Date: 8/23/2024; Last Revised: 12/24/2024 Previous Meeting Date: 12/16/2024 The applicant has requested a continuance without testimony to the 1/21/2025 meeting. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the 1/21/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Abbreviated Notice of Resource Area Delineation: 75 Westview St OpenGov Permit# CORD-24-4, DEP #201-1345 Applicant/Property Owner: Julian Lewis Project: Confirmation of the boundaries of the Bordering Vegetated Wetlands (BVW). Documentation Submitted:  WPA Form 4A: Abbreviated Notice of Resource Area Delineation; Locus: 75 Westview St, Lexington, MA; Prepared for: Julian Lewis; Prepared by: Robert Marini, NativeTec; Date: 11/26/2024  Plot Plan; Locus: 75 Westview St, Lexington, MA; Prepared by: Scott Cerrato; Stamped and Signed by: Scott Cerrato, PLS No. 50049; Date: 11/25/2024 Previous Meeting Date: 12/16/2024 The applicant has requested a continuance without testimony to the 1/21/2025 meeting. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to the 1/21/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 217, 229, 233, & 241 Massachusetts Avenue OpenGov Permit# CNOI-24-32, DEP #201-1338 Applicant: Ron Lopez, North Shore Construction & Development Inc Property Owners: John and Patricia Garrity (13-375); Featherview LLC (13-374, 13-373), Caron Family Revocable Trust (13-372) Project: Construction of a multi-family residential structure and associated site appurtenances within the 200-foot Riverfront Area Supplemental Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 217, 229, 233, 241 Massachusetts Avenue, Lexington, MA; Prepared for: Ronald Lopez; Prepared by: Maureen Herald, Norse Environmental Services, Inc.; Date: 10/29/2024  Notice of Intent; Locus: 217, 229, 233, 241 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore Construction & Development Inc.; Prepared by: Norse Environmental Services, Inc.; Date: October 2024  Civil Set of Plans; Locus: 217, 229, 233, 241 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore Residential Development; Prepared by: Sullivan Engineering Group, LLC; Date: 8/12/2024  L-8 Fire Truck Turning Diagram RT (2); Locus: 217, 229, 233, 241 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore Residential Development; Prepared by: J. Thoma Land Design Studios; Date: 10/28/2024  Stormwater Report: 5 Story Mixed Use Development; Locus: 217, 229, 233, 241 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore Residential Development; Prepared by: Sullivan Engineering Group, LLC; Date: 8/22/2024; Last Revised: 10/30/2024 Previous Meeting Dates: 11/18/2024, 12/16/2024 (no testimony) The applicant has requested a continuance without testimony to the 2/3/2025 meeting. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 4 Trotting Horse Drive OpenGov Permit# CNOI-24-30, DEP #201-1339 Applicant: Arthur Chang Property Owner: Chang TRS Ping-I & Shu-fen Chang Family Trust Project: Construct two additions and modify the driveway along with associated site appurtenances within the 100-foot Bordering Vegetated Wetlands buffer zone Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur Chang; Prepared by: Montgomery Nsamba; Date: 10/27/2024  Wetland Permitting Plan; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Stamped and Signed by: George Dimakarakos, PE No. 41261; Date: 10/29/2024  Notice of Intent; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024  Stormwater Management Report; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024  Pre and Post Development Drainage Maps; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024 Previous Meeting Date: 11/18/2024, 12/2/2024 (no testimony), 12/16/2024 (no testimony) The applicant has requested a continuance without testimony to the 1/21/2025 meeting. On a motion by Mr. Hnatko and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to the 1/21/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 18 Bacon Street OpenGov Permit# CNOI-24-29, DEP #201-1337 Applicant/Property Owner: Charles Hornig Project: Construct an accessory dwelling unit and associated appurtenances, where the gravel driveway, grading, and septic infrastructure partially fall within the 100-foot Bordering Vegetated Wetlands buffer zone. Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 18 Bacon St, Lexington, MA; Prepared for: Charles Hornig; Prepared by: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 10/26/2024  Mitigative Drainage Analysis; Locus: 18 Bacon Street, Lexington, MA; Prepared for Charles Hornig; Prepared by: Williams & Sparages; Date: 10/11/2024; Last Revised: 10/24/2024  Memorandum: Subject: 18 Bacon Street NOI Comments; To: Karen Mullins; From: Marissa Liggiero; Date: 11/15/2024  Permit Site Plan; Locus: 18 Bacon Street, Lexington, MA; Prepared for: Charles Hornig; Prepared by: Williams & Sparages; Stamped and Signed by: Peter Blaisdell Jr., Civil PE No. 41613; Date: 10/15/2024  Notice of Intent Application and Wetland Resource Area Analysis; Locus:18 Bacon Street, Lexington, MA; Prepared for: Charles Hornig; Prepared by: LEC Environmental Consultants, Inc.; Date: 10/29/2024 Supplemental Documentation Submitted:  Mitigative Drainage Analysis; Locus: 18 Bacon Street, Lexington, MA; Prepared for: Charles Hornig; Prepared by: Williams & Sparages; Date: 10/11/2024; Last Revised: 12/18/2024  Memorandum: Subject: 18 Bacon Street NOI Comments 2; To: Karen Mullins; From: Marissa Liggiero; Date: 1/6/2025 Previous Meeting Date: 11/18/2024, 12/2/2024 (no testimony), 12/16/2024 The applicant has requested a continuance without testimony to the 1/21/2025 meeting. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue the hearing to the 1/21/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:00 PM Continued Public Meetings/Hearings Notice of Intent: 12 Solomon Pierce Rd OpenGov Permit# CNOI-24-34, DEP #201-1341 Applicant/Property Owner: Mark Ethier Project: Raze and rebuild of a single-family dwelling within the 200-foot Riverfront Area and the 100- foot Buffer Zone to Bank. Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: Mark Ethier; Prepared by: Carmen Hudson, Campos Hudson Engineering, LLC; Date: 10/25/2024  Existing Conditions Plan; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: Cheney Ethier; Prepared by: Leblanc Jones Landscape Architects, Inc.; Stamped and Signed by: Christopher Shirazi, RLA No. 3002; Date: 11/12/2024  Landscape Plan; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: Cheney Ethier; Prepared by: Leblanc Jones Landscape Architects, Inc.; Stamped and Signed by: Christopher Shirazi, RLA No. 3002; Date: 11/12/2024  Existing Conditions; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: The Ethier Cheney Revocable Trust; Prepared by: Merrill Engineers and Land Surveyors; Stamped and Signed by: Brendan Sullivan, PLS No. 46922; Date: 4/26/2024  Existing Conditions Presentation Plan; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: Mark Ethier and Claire Cheney; Prepared by: Campos Hudson Engineering; Date: 11/12/2024  Project Narrative: Notice of Intent Application: Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared by: Campos Hudson Engineering, LLC; Not Dated  Site Plan; Locus: 12 Solomon Pierce Rd, Lexington, MA; Prepared for: Mark Ethier and Claire Cheney; Prepared by: Campos Hudson Engineering; Stamped and Signed by: Carmen Hudson, PE No. 46881; Date: 11/12/2024  Memorandum; Subject: Wetland Delineation Memo; To: Merrill Engineers & Land Surveyors; From: Brad Holmes; Date: 1/23/2024  Representative Site Photos Supplemental Documentation Submitted:  Waiver of Regulations Request; Locus: 12 Solomon Pierce Road, Lexington, MA; Prepared by: Campos Hudson Engineering, LLC; Date: 12/19/2024 Previous Meeting Date: 12/16/2024 Ms. Carmen Hudson, Campos Hudson Engineering, presented and stated that the hearing was continued in order to provide a waiver request that met the Commission’s requirements. Ms. Hudson presented the proposed improvements to the resource area and that the proposal includes reducing the footprint of the dwelling. Ms. Hudson presented the waiver request and explained the reason for requesting a waiver, which is due to the proposed dwelling encroaching into the 50-foot buffer zone, along with the mitigation proposed. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 0 Valley Rd OpenGov Permit# CNOI-24-35, DEP #201-1342 Applicant/Property Owner: Town of Lexington, Recreation and Community Programs Dept. Project: Raze and construct new tennis/pickle ball courts, a formalized parking lot, and associated site appurtenances, including stormwater management best practices. Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 0 Valley Rd, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Holly Ganser; Date: 11/12/2024  Wetland Delineation Report; Subject: Wetland Resource Area Delineation Memo, Valley Road Tennis Courts, Lexington, MA; To: Peter Coleman, CPRP, CYSA, Assistant Director of Recreation; From: Greg J. Hochmuth, PWS, CWS, RS, Epilson Associates, Inc.; Date: 10/27/2023  Construction Pollution Prevention Plan and Erosion & Sediment Control Plan, Town of Lexington Tennis Court Renovation; Locus: 0 Valley Road, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas, Inc.; Date: 11/12/2024  Memorandum; Subject: 0 Valley Road NOI Comments; To: Karen Mullins; From: Marissa Liggiero; Date: 11/26/2024 Supplemental Documentation Submitted:  Memorandum; Subject: Response to NOI Comments; To: Lexington Conservation Commission; From: Holly Ganser, PE, and Meg Buczynski, Activitas; Date: 11/23/2024  Permitting Documents, Lexington Valley Tennis; Locus: 0 Valley Road, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas; Stamped and signed by: Glen Reed, PLS No. 40766, Holly Ganser, PE No. 54933, and Benjamin Gleason, RLA No. 4392; Date: 11/12/2024; Revised: 12/23/2024  Operation and Maintenance Plan, Town of Lexington Valley Tennis Renovations; Locus: Valley Road Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas, Inc.; Date: 11/12/2024; Last Revised: 12/23/2024  Stormwater Report, Town of Lexington Valley Tennis Renovations; Locus: Valley Road Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas, Inc.; Date: 11/12/2024; Last Revised: 12/23/2024  Notice of Intent, Town of Lexington Valley Tennis Renovations; Locus: Valley Road Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas, Inc.; Date: 11/12/2024; Revised: 12/23/2024 Previous Meeting Date: 12/2/2024 Ms. Holly Ganser, Activitas, presented and stated that test pits were performed on site in mid- December and results revealed higher ground water than anticipated. Ms. Ganser stated the project team is requesting a waiver from the standard Section 5.6. The proposed mitigation is 7:1 including the creation of a meadow area. Ms. Ganser stated that additional meetings with the recreation committee and user groups have occurred during which a request for more parking spaces was submitted. Ms. Ladd asked if they would agree to a requirement to only mow the meadow once a year. Ms. Ganser stated the mix they are proposing to plant should only be mowed once a year. Mr. Beuttell stated that the proposal would not be able to meet the full performance standards and that the five feet elevation may require further mitigation. Ms. Meg Buczynski, Activitas, stated that for further infiltration, some would need to be in the mitigation area as well in order to meet the standards. Mr. Beuttell stated a lot of water is coming off the court now as there is no stormwater management and suggests moving the whole area 5 feet to the left to create further space for infiltration. Ms. Buczynski stated they can review this further. Ms. Dohan asked if the parking area was impervious or pervious. The parking area is impervious asphalt. Ms. Dohan asked if it would be possible to increase the size of the subsurface chamber section which can go underneath the parking lot area. Ms. Ganser stated they will review if this is possible. Mr. Bitsko supported anything to increase the volume for collection of stormwater runoff, including increasing the subsurface chamber size. Mr. Bitsko suggested small signs on site as a reminder to DPW to not mow or disturb the meadow area, along with educating the public. Ms. Mullins stated the town has utilized these types of signs in the past. Mr. Hamilton stated that ordinarily engineering requires a test pit be done in close proximity to the location of the infiltrator and in this case, all test pits were on the other side of the site. Mr. Hamilton asked why there were no test pits done in close proximity to the proposed infiltrator. Ms. Ladd stated test pits are needed near the location of the infiltrator. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to continue the hearing to the 1/21/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:40pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 1/21/2025 Archived: 1/22/2025