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HomeMy WebLinkAbout2024-10-21-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, October 21st, 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, Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Request for Plan Modification: 9 Fairfield Dr, CPM-24-7, DEP #201-1319 Mr. Edson Krefta, Krefta Landscaping, presented the plan modification and stated that the changes are proposed to address zoning requirements. Mr. Krefta stated that the pergola is considered a building by Zoning definitions and the proposed change is to move the pergola further from the dwelling to address zoning structure regulations. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to approve the insignificant plan change. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Extension to Order of Conditions: 22 Village Circle, DEP #201-1195, OpenGov EXTO-24-5, CNOI-20-25, One-year extension from 11/30/24 to 11/30/25 Mr. Dinesh Shanthappa, owner of 22 Village Circle, presented and stated that he is requesting a one-year extension to allow for the completion of work on the approved deck. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to approve the extension to the Order of Conditions by one year. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Partial Certificate of Compliance: 2 Saddle Club Rd (Formerly 4), DEP #201-1299, OpenGov COC-24-15, AOOC-24-1, CNOI-23-22 (Partial) Ms. Karen Mullins, Conservation Director, stated that this site is complying, but has a 3-year monitoring period to be completed still and only a partial certificate can be issued now. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: Minuteman National Historic Park Trail Improvements, DEP #201-1310, OpenGov COC-24-20, CNOI-24-3 Ms. Karen Mullins, stated that a site visit is still necessary prior to the release of this Certificate of Compliance. Request for Certificate of Compliance: 23 Oxbow Rd, DEP #201-1255, OpenGov COC-24-21, CNOI-22-4 Ms. Karen Mullins, stated that a follow up review is needed. Request for Certificate of Compliance: 19 Bellflower St, DEP #201-1238, OpenGov COC-23-7, CNOI-21-36 Ms. Karen Mullins, stated that a follow up review is needed. Vote to Issue Order of Resource Area Delineation: 251 Waltham St, DEP #201-1326, OpenGov CORD-24-2 Mr. Philip Hamilton, chairman, stated that he and Ms. Ruth Ladd had reviewed all changes to the delineation that were required and agree all required changes have been completed. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to issue the order of resource area delineation as modified in the attachment to the Order of Resource Area Delineation. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits for 11/4/2024 Meeting The site visits will be scheduled for Saturday 10/26/2024 starting at 10:30am. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee, and Open Space & Recreation Plan Ms. Mullins stated that the draft budget for FY25 has been submitted and she has appeared before the Capital Expenditures Committee for the Commission’s capital projects. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 4 Turning Mill Road OpenGov Permit# CDOA-24-15 Applicant/Property Owner: Grant Lacouture Project: Raze and rebuild of a garage within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 1: Request for Determination of Applicability; Locus: 4 Turning Mill Rd, Lexington, Mass.; Prepared by: Grant Lacouture; Date: 9/30/2024  Garage Rebuild Plans; Prepared for: 4 Turning Mill Rd, Lexington, MA.; Prepared by: Lebra Engineering & Design, LLC; Signed and Stamped by: George Atallah, PE No. 53522; Date: 9/9/2024  Wetland Buffer Zone Enhancement Planting Plan; Prepared for: 4 Turning Mill Road, Lexington, MA; Date: 9/30/2024  Wetland Buffer Zone Enhancement Planting Plan; Prepared for: 4 Turning Mill Road, Lexington, MA; Date: 2/12/2013  Wetland As-Built Plan; Prepared for: Victor Vizgaitis; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by: Joseph March, PLS No. 36384; Last Revised: 2/2/2021 Mr. Grant Lacouture, owner of 4 Turning Mill Road, presented and stated that the proposal includes rebuilding their garage on the existing location and a mitigation planting plan. Mr. Hamilton stated that the planting plan is a separate matter than the garage rebuild and should be separated from the RDA filing. Mr. Lacouture stated that the building department has recommended a new foundation be installed. Mr. Beuttell stated that with a new foundation, the location of the proposed garage could not be within the 25-foot buffer zone. Mr. Lacouture stated he will build on the existing foundation. On a motion by Ms. Ladd and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Determination of Applicability: 70 Valleyfield Street OpenGov Permit# CDOA-24-16 Applicant/Property Owner: Scott Seaver Project: Review and Confirmation of the resource area delineations in conjunction with the proposed raze and rebuild of a single-family dwelling outside of the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 1: Request for Determination of Applicability; Locus: 70 Valleyfield St; Prepared for: Scott Seaver; Prepared by: Mary Trudeau; Date: 9/30/2024  Letter, Subject: RE: 70 Valleyfield Street, Lexington, MA: Wetlands Delineation; To: Scott Seaver; From: Mary Trudeau, Wetlands Consultant; Date: 9/15/2024  Site Plan; Locus: 70 Valleyfield St, Lexington, Mass.; Prepared for: Seaver Construction; Prepared by: Frederick W. Russell, PE; Signed and Stamped by: Frederick W. Russell, Civil PE No. 36713; Date: 9/14/2024; Revised: 10/2/2024  Proposed Plot Plan; Prepared by: Keenan Survey; Signed and Stamped by: James Richard Keenan, PLS No. 30751; Date: 10/2/2024  Description of Work; Locus: 70 Valleyfield St, Lexington, Mass.; Not Dated Ms. Mary Trudeau Hill, Wetlands Consultant, presented on behalf of Seaver Construction. Ms. Trudeau Hill stated that the limit of work line will be moved closer to the work area and farther from the resource area. Mr. Hamilton stated that during the site visit it was confirmed the work is outside of the 100-foot buffer zone and requested the limit of work line to be 10 feet further from the resource area. Ms. Ladd asked if soil samples were done near the chain-link fence on site. Soil samples were conducted in this area by Ms. Trudeau Hill. The Commission would like to go on site with Ms. Trudeau Hill and dig holes to confirm the soil conditions in question. 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 11/4/2024 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: 231 Bedford Street OpenGov Permit# CNOI-24-27, DEP #201-1335 Applicant/Property Owner: Richard Beliveau Project: Construction of a multi-family residential structure and associated site appurtenances within the 200-foot Riverfront Area and the 100-foot buffer zone from Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 3: Notice of Intent Application; Locus: 231 Bedford St; Prepared for: Richard Beliveau; Prepared by: Richard Kirby, LEC Environmental; Date: 10/1/2024  Notice of Intent Application and Wetland Resource Area Analysis; Locus: 231 Bedford St, Lexington, MA; Prepared for: Richard Beliveau; Prepared by: LEC Environmental Consultants, Inc.; Date: 10/1/2024  Engineering Drainage Calculations; Locus: 231 Bedford St, Lexington, Mass.; Prepared by: Gala Simon Associates, Inc.; Date: 1/31/2024; Revised: 9/19/2024  Site Plans; Locus: 231 Bedford St, Lexington, MA; Prepared by: Gala Simon Associates, Inc.; Signed and Stamped by: Alberto Gala, PE No. 36434; Date: 5/9/2024; Last Revised: 9/19/2024  Letter, Subject: Re: 231 Bedford Street Consultant Reviews; To: Lexington Planning Board; From: Alberto Gala, PE; Date: 9/23/2024  Mitigation Planting Plan; Locus: 231 Bedford St; Prepared by: LEC Environmental Consultants, Inc.; Date: 9/27/2024  Operation and Management of Drainage Systems; Locus: 231 Bedford St, Lexington, MA; Prepared for: Kris Proule, Volnay Capital; Date: 1/31/2024; Revised: 9/24/2024 Mr. Richard Kirby, LEC Environmental, presented. Mr. Al Gala, Gala Simon Associates, Mr. Richard Beliveau, Volnay Capital, and Ms. Tracy Hudak, KZLA, all members of the project team, were present. Mr. Kirby stated that the property has a perennial stream along the rear property boundary with invasive vegetation along the stream. Mr. Kirby stated that this project is undergoing peer review by Environmental Partners along with Planning Department review. The project is within the 200-foot Riverfront Area and includes 5,605 square feet of Riverfront Area Restoration. Mr. Kirby stated that part of the existing pavement is within the 25-foot buffer zone. There is a proposed 30% reduction of degraded Riverfront area with this project. A waiver request will be submitted for a portion of the structure being built within the 50-foot buffer zone. Ms. Ladd asked for clarification on the location of the limits of work as there are 2 limit of work boundaries being utilized but the plan only shows one limit of work boundary. Mr. Kirby stated the plan can be modified to reflect both lines. Mr. Beuttell stated that typically there is a surface or subsurface infiltration system which is not proposed and asked how the performance standards are being met. Mr. Al Gala, Gala & Simons Associates, stated that the lot is viewed as a vacant lot, walkways were accounted for in the calculations along with the sediment. Mr. David Sperduto, Wetlands Identification, on behalf of various residents, stated that Lexington rules for wetland protection prohibit the construction of any structures within 50-feet of the wetlands except in extraordinary circumstances. Mr. Sperduto stated that the replacement of the existing parking lot with a structure should not be considered a replacement. Mr. Sperduto stated that proposed building would cast significant shadows due to the proposed height. Ms. Lisa Newton, 15 Ledgelawn Avenue, presented and stated that the current parking lot is not in compliance and, based on Section 5.3 of Chapter 130, it is practicable to not permit the structure to be built within the 50-foot buffer zone. Ms. Newton stated she has filed a complaint with the Conservation Commission in April 2024 regarding an open Order of Conditions from October 6, 1987 for constructing a paved parking lot at 231 Bedford Street. Ms. Newton stated that the bamboo planted on her property by the previous owner was planted as a form of screening as a result of removal of multiple trees for 231 Bedford Street. Ms. Heike Arendt, 23 Ledgelawn Avenue, stated that she had come before the Commission previously with a proposed project and was not permitted to build a patio in their backyard as it was within the 50-foot buffer zone of the brook. Ms. Arendt also stated that there has not been a certificate of compliance issued for the open Order of Conditions at 231 Bedford Street. Ms. Nancy Wilker, 64 Harding Road, stated that there is concern for leniency for this project that has not previously been applied to other applications and that this would set a precedent for future applications. Ms. Wilker also stated that the existing parking lot was not legally approved. Ms. Sumitra Sujanani, 29 Ledgelawn Ave, stated that the property is in a flood zone so multi- family residences should not be built in it and she has concern about the shift of soil causing instability with the construction of an underground garage. Ms. Sunjanani asked to clarify the snow removal plans for the property and how this will be enforced. Mr. Peter Saradjian, 259 Bedford St, asked for the Commission to review the staff memos listed on the Planning Board’s webpage and address the listed concerns. Mr. Saradjian asked that there be follow up on whether or not MassDEP has confirmed there is adequate capacity to meet the flow demands of sewage. Ms. Jennifer Logan, 40 North Hancock St, stated that the surrounding properties experienced significant basement flooding in 2009. Ms. Logan has asked if the project has accounted for any future flooding. Mr. Al Solomon, 15 Ledgelawn Avenue, brought up concern for the displacement of water due to the proposed construction of a parking garage and flooding the neighborhood as has previously been experienced. Mr. Solomon also expressed concern for the shadows that may be cast by a building of this size and has requested a shadow study be conducted. Ms. Sue Amsel, 21 Ledgelawn Avenue, stated concern for the light pollution impact on vegetation and wildlife in the area. Additionally, Ms. Amsel expressed concern for the proposed trees to be planted which are all deciduous and expressed concern for the lack of screening proposed. Mr. Kirby stated that the project team will reconvene to address the concerns expressed in this hearing. Mr. Beuttell asked for clarity on the compliance issues and whether or not the parking lot concerns are something the Commission can now enforce. Mr. Beuttell stated that the proposed mitigation is not adequate for the proposed encroachment on the buffer zone. 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 11/4/2024 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 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 unit 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  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 Supplemental Documentation Submitted:  Mitigative Drainage Analysis; Prepared for: Mark & Linda Adler, 33 Woodpark Circle; Prepared by: Williams & Sparages; Date: 7/25/2024; Revised: 10/8/2024  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: 10/8/2024  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: 10/8/2024  Engineering Comments; Date: 10/17/2024 Previous Meeting Date: 9/23/24 (no testimony), 10/7/2024 (no testimony) Ms. Linda Adler, 33 Woodpark Circle, presented and stated that their representative was having technical difficulties and could not present on their behalf. Ms. Adler stated that revised plans were submitted for the water catchment system for review as the location had been redesigned since the Commission’s site visit. Mr. Hamilton stated the engineering department has submitted comments that need to be addressed by the project engineer. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to continue the hearing to the 11/4/2024 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. Supplemental Documentation Submitted:  Engineering Comments; Date: 10/7/2024 Previous Meeting Date: 9/9/24, 9/23/2024 (no testimony), 10/7/2024 Ms. Tracy Hudak, Kyle Zick Landscaping Architecture, presented and stated that the hearing had previously been continued to address public comments. Ms. Hudak stated that a new sleeper boardwalk area in a wet zone identified by the public that was not originally included in the project proposal has been added. The sleeper boardwalk could be constructed by the land stewards. Ms. Ladd stated that new drawings must be submitted with the removal of the boardwalk since the Commission has agreed to not approve the boardwalk. The boardwalk will be removed from the proposed plans and not approved by the Commission. Mr. Jeff Clayman, 10 Frost Road, stated that he has successfully utilized a hospital wheelchair to navigate the existing trail. Mr. Clayman suggested use of off-road wheel chairs rather than the proposed changes to make the site wheelchair accessible. He expressed concern for the impact of the construction on the existing vernal pool and wildlife on site. Mr. Enrico Spolaore, 244 East St, stated concern about the damage to the environment and wildlife by this project and concerns that there has been a lack of transparency with this project. Mr. Ted Lyman, Lexington resident and steward, stated stewards would not have the capability to help with this project. Mr. Lyman raised concern about the format of Conservation Commission meetings and asked for hybrid meetings in the future. Mr. Lyman stated the public did not express support or a need for this project. Mr. Hamilton stated that hybrid formats have not been requested previously and the zoom format is utilized currently to provide easy accessibility to meetings for the various out of town representatives presenting in each meeting. Mr. Hamilton expressed thanks to Mr. Erich Jacobs, resident, for submitting a survey of Willards Woods users to the Commission and stated that the responses were informative. Mr. Jacobs seconded Mr. Lyman’s comments and stated that the name of attendees is not available to the public during meetings. Mr. Jacobs also stated that he and others have done content transcriptions of previous meetings and stated that many users of Willard’s Woods asked for a survey of usage of the site to be compiled for the proposal which was not done by the applicant. Ms. Anjali Mehta, 5 Granger Pond Way, stated concern for the litter and vandalism in Willard’s Woods and that many users of the property assist in cleaning the site. Ms. Sarah Wolfson, 164 Grant Street, asked for it to be stated for the record how many attendees are present. Mr. Hamilton stated that there are 39 attendees and 13 panelists attending the meeting. Ms. Liz Frey, 7 School Street, stated there is a lot of opposition to the project. Ms. Maria LoConte, 4 Rolf Road, asked if it could be shared who in attendance is in favor of the project. Mr. Hamilton stated there is only a list of attendees’ names and the Commission is unable to determine every attendee’s stance. Ms. Katie Nill, 9 Todd Road, stated that she has not seen anyone utilizing the paved trails behind Saddle Club Road who is not physically disabled. Ms. Anne MacDonald-Broun, 50 Hancock Street, expressed concern for the labelling of projects by the town as the project was labeled under 20 Brent Road rather than Willard’s Woods and that many users of the woods were not informed of the previous meetings. Mr. Clayman pointed to the regulations allowing for appeals by members of the community. Mr. Clayman stated he would like to appeal the project. Mr. Hamilton stated Mr. Clayman can appeal the project and suggests speaking with a lawyer prior to appealing. Mr. Jason Hnatko, Commissioner, stated that he would like to hear from residents in favor of the project as well the Commission on Disabilities. Ms. Ladd stated that, based on her prior experience, she does not think the project will have a large-scale negative impact on the wetlands. Ms. Ladd also clarified that the pond on site is not a certified vernal pool. On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 3-3 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Nay Jason Hnatko – Nay Ruth Ladd – Nay Tom Whelan – Aye The number of Commission members voting yes was insufficient and the applicant had the right to request a decision in this meeting or a continuance to the next meeting. Ms. Mullins, acting as a representative of the Town, requested a continuance to the 11/4/2024 meeting. 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 11/4/2024 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. Supplemental Documentation Submitted:  Proposed Open Roof Pergola; Locus: 52 Turning Mill Rd, Lexington, MA; Prepared by: Minwoo Cho; Date: 10/8/2024 Previous Meeting Date: 9/9/24, 9/23/2024 (no testimony), 10/7/2024 Ms. Nicole Ferrara, LEC Environmental, presented and stated that additional architectural drawings of the proposed pergola have been submitted as requested by the Commission. Lattice will be placed on top of the pergola to prevent damage to the owner’s cars from falling trees. On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 6-0 by roll call vote to close the hearing. 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 additions within the 100-ft buffer zone to Bordering Vegetated Wetlands Supplemental Documentation Submitted:  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; Last Revised: 10/14/2024  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; Last Revised: 10/14/2024  Engineering Comments; Date: 10/17/2024 Previous Meeting Dates:8/5/2024, 8/19/2024 (no testimony), 9/9/2024 (no testimony), 9/23/2024 (no testimony), 10/7/2024 (no testimony) Mr. Marc Alencar, MP Design Consultants, presented and stated that all existing trees have been accounted for and alternative analysis has been explored. Mr. Russell Waldron, wetland scientist, was also present. Mr. Alencar stated that the location of the stormwater chambers will require a small amount of fill. He also stated that the existing impervious areas will be significantly decreased through the proposed removal of pavement. Mr. Waldron stated that there is currently no stormwater management on site and the proposed stormwater management will be a significant improvement on site. Mr. Bitsko stated the town of Lexington has their own list of approved native species. Mr. Beuttell asked to clarify what changes are being made to the driveway. Mr. Alencar clarified that the edge of the driveway is being maintained and a cape cod berm is proposed at the edge of the driveway. Mr. Beuttell stated that the Commission would need to follow the 2 to 1 rule of mitigation to consider allowing structures to be built in the 50-foot buffer zone. Ms. Mullins stated that a waiver request has not been submitted to the record and would need to be for the Commission to be able to decide on this proposal. The Commission requests further mitigation be proposed and a waiver request be submitted to the record. 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 11/4/2024 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 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, 9/23/2024 Ms. Mullins stated that the applicant has requested a continuance to the 11/18/2024 meeting. 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 11/18/2024 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 New Business (Continued) Executive Session – Exemption 6: To consider the purchase, exchange, lease or value of real property, 675 Waltham Street On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to enter an executive session. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye The Conservation Commission entered into Executive Session. On a motion by Mr. Hnatko 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 10:55pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 12/16/2024 Archived: 12/23/2024