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PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, November 4th, 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, Alexandra Dohan, Philip Hamilton
(Chair), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan;
Staff Present: Karen Mullins, Conservation Director, Megan Downer, Department Assistant
6:30 PM New Business/Pending Matters
Eagle Scout Project Presentation, Lower Vine Brook Existing Trail Boardwalk Extension, Hakan
Bendlin
Mr. Hakan Bendlin, prospective Eagle Scout, presented and stated that part of the Lower Vine
Brook’s boardwalk needs to be replaced and his goal is to complete the project in November
2024. Ms. Alex Dohan, Commissioner, asked to clarify if the nearby tree roots will be left as is
to ensure no harm to the trees. Mr. Bendlin stated the roots will be left as is.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to approve the boardwalk extension project.
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
Daisy Wilson Bench Lexington Nature Trust Fund Expenditure Request
Ms. Karen Mullins, Conservation Director, presented and stated that the benches cost an
estimated $5,000 and there has been a donation by the Wallace Family to place this as a
memorial bench for Steve Wallace.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to approve the expenditure request of $2500 from the Lexington Nature Trust.
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
Request for Certificate of Compliance: Minuteman National Historic Park Trail Improvements,
DEP #201-1310, OpenGov COC-24-20, CNOI-24-3
Ms. Mullins asked if the Commission wanted to go into the field to view the site conditions and
review the compliance items to be completed.
Request for Certificate of Compliance: 23 Oxbow Rd, DEP #201-1255, OpenGov COC-24-21,
CNOI-22-4
Ms. Mullins stated that this item is not ready yet.
Request for Certificate of Compliance: 19 Bellflower St, DEP #201-1238, OpenGov COC-23-7,
CNOI-21-36
Ms. Mullins stated that the additional plantings that were required have been completed by LEC.
On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call
vote to issue the Full Certificate of Compliance.
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
Request for Certificate of Compliance: 48 Allen St, DEP #201-1262, OpenGov COC-24-22,
CNOI-22-13
Ms. Karen Mullins, Conservation Director, stated that an Order of Conditions was issued in 2022
for a tear down and new construction and that the owners of 48 Allen St have decided not to
proceed with the project.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue the Certificate of Compliance stating no work has been completed.
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: 52 Turning Mill Rd, DEP #201-1331, OpenGov CNOI-24-23
Mr. Hamilton stated that a condition will be included of a deed restriction by the homeowners
that would prevent any future homeowners from closing the roof of the pergola.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call
vote to issue the order of conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Abstain (recused)
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Schedule site visits for 11/18/2024 Meeting
The site visits will be scheduled for Saturday 11/16/2024 starting at 9:00am.
Approve Minutes: 10/7/2024
The 10/7/2024 meeting minutes will be postponed until the 11/18/2024 meeting to allow for
more Commissioners to review the minutes.
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 Mr. Charlie Wyman is working with the Department of Public Works to
submit a forest management grant regarding Tree Health in Lexington. Ms. Mullins and Mr.
Hamilton submitted a letter in support of this grant.
7:00 PM New Public Meetings/Hearings
Request for Determination of Applicability Chiesa Farm, Adams St (63-108D, 70-66 and 67),
Dunback Meadow, Allen St (32-177B), Idylwilde, 61 Middle St (34-124A), and Parker Meadow,
Revere St (64-143)
OpenGov Permit# CDOA-24-17
Applicant/Property Owner: Town of Lexington
Project: Invasive species management and native plant restoration within meadow areas
Documentation Submitted:
WPA Form 1: Request for Determination of Applicability; Prepared for: Town of
Lexington; Prepared by: Miles Connors; Date: 10/20/2024
Lexington Conservation Meadow Preservation Plan; Prepared by: Parterre Ecological;
Date: 6/7/2024
Lexington Conservation Site Locations; Date: 10/3/2024; Revised: 10/25/2024
Mr. Miles Connors, Parterre Ecological, presented and stated the plan includes invasive plant
management over some of the Conservation lands in Lexington. Mr. Connors noted that a list of
invasive species present in each site is included in the application and the type of treatment for
management of each. Ms. Ladd asked if the goat grazing will be restricted during the use of the
treatments. Mr. Connors stated signage will be posted during the project and the goat grazing
would be ceased for a certain period of time. Mr. Bitsko asked if there is a plan regarding the
overall height of the meadow vegetation. Ms. Ladd stated the Commission will review the list of
plantings to review the possible height of the meadow.
Dr. Jeff Clayman, 10 Frost Rd, commented that the Garlon herbicide has been linked to evidence
of increased instances of skin tumors. Dr. Clayman stated that the particular herbicide is toxic to
amphibians and worries about the spread of carcinogens and herbicides to the nearby wetlands
and worries about the children that cross through the conservation areas and may ignore the
signs. Mr. Connors stated that they are utilizing the Garlon as by label and is utilized as spot
treatment. Mr. Hamilton stated that one of the conditions will include notices posted on site
about the use of herbicides.
Ms. Meg Himmel, 66 Hancock St, asked how effective the herbicide use will be and if manual
removal could be tried prior to applications of herbicides. Mr. Connors stated manual removal
would take multiple years longer. Mr. Connors stated that the Garlon is upwards of 60-70%
effective during the first application, depending upon the site’s conditions. Ms. Himmel asked if
solarization was considered for this project. Mr. Connors stated it would be very costly and
intensive to consider solarization for this project. Mr. Hamilton stated that conditions applicable
to Chiesa farm will be included in the determination.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue a negative determination with 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
Request for Determination of Applicability: 331 Concord Ave
OpenGov Permit# CDOA-24-18
Applicant/Property Owner: Cabot, Cabot, & Forbes LLC/Ronald & Richard Cannizzo
Project: Onsite stormwater management overflow drain connection to the municipal separate
storm sewer system in Concord Avenue.
Documentation Submitted:
WPA Form 1: Request for Determination of Applicability; Prepared for: Ronald &
Richard Cannizzo; Prepared by: Cabot, Cabot, & Forbes LLC; Date: 10/15/2024
Site Plan Set; Locus: 331 Concord Ave, Lexington, Mass.; Prepared by: Allen & Major
Associates, Inc.; Prepared for: Cabot, Cabot & Forbes, LLC; Stamped and signed by:
Andrew J. Ruggles, PLS No. 58014, and Timothy Williams, PE No. 43119; Date:
6/11/2024; Last Revised: 10/23/2024
Drainage Report: Multi-Family Development, Lexington, MA; Prepared by: Allen &
Major Associates, Inc.; Prepared for: Cabot, Cabot, & Forbes, LLC; Signed and Stamped
by: Timothy J. Williams, Civil PE No. 43119; Date: 6/17/2024; Last Revised: 10/23/2024
Watershed Plans; Prepared by: Allen & Major Associates, Inc.; Prepared for: Cabot,
Cabot, & Forbes, LLC; Date: 6/17/2024; Revised: 9/6/2024
Mr. Quinlan of Locke, Cabot, Cabot, & Forbes, presented and stated the project, a 200-unit
mixed use development, is currently in the review process with the Lexington Planning Board.
Mr. Nick Dellacava, A&M Associates, presented the current conditions of the property and
stated that there is approximately 60 feet of elevation change from the front of the property to the
rear. The proposed building will be mixed use, with multi-family residential and commercial
units. Mr. Dellacava stated that the proposal includes a loop water line connection out to the
existing municipal drain. He stated that no resource area is within 200 feet of the property nor on
the property; however, the drain connection could run off into a resource area.
Mr. Tony Ma, GCG Associates Inc., stated he completed the peer review for this project and the
only outstanding items are minor elevations to be addressed along with the catch basin No. 11
calculations. The Conservation Commission has discretion on whether or not they can accept the
98% TSS removal from the manufacturer. Ms. Abby McCabe, Planning Director, stated that the
Planning Board has continued the project to their 11/20/2024 meeting, recommended the
applicant file with Conservation in November and that they are close to the end of their review.
Ms. Dohan recommended relocating the community garden to an area that is away from the
dumpsters, and asked if they had considered a green roof or solar roof. Mr. Locke stated that
dividers will be included in the design to keep the community garden from critters entering. Mr.
Locke also stated solar will be part of their efforts; however, it depends on how much space is
left on the rooftop after all mechanics are installed. Mr. Hamilton stated that applicant must get
applications from other boards prior to the Commission’s approval. Ms. Mullins stated that the
Commission’s jurisdiction on this project is only the overflow connection and water quality
under state standards does not apply for this case and the Commission is only reviewing local
stormwater compliance.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to issue a negative determination.
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 Bow St, Minuteman Commuter Bikeway
OpenGov Permit# CNOI-24-28, DEP #201-1336
Applicant/Property Owner: Town of Lexington
Project: The installation of landscaping features, and tree removal, invasive species management,
and native planting activities within the 200-foot Riverfront Area and within the 100-foot buffer
zone from Bordering Vegetated Wetlands and Bordering Land Subject to Flooding (Bylaw).
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 0 Bow St, Lexington, MA; Prepared
for: Town of Lexington; Prepared by: Kyle Zick, Kyle Zick Landscaping Architecture,
Inc.; Date: 10/16/2024
Notice of Intent: Improvements to Minuteman Commuter Bikeway; Locus: Map 13 Lot
382, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Kyle Zick
Landscape Architecture, Inc.; Date: 10/16/2024
Attachment A; Improvements to Minuteman Commuter Bikeway: Description of
Proposed Work; Prepared by: Kyle Zick, Kyle Zick Landscaping Architecture, Inc.; Date:
10/16/2024
Attachment B: Site Photos; Prepared by: Kyle Zick, Kyle Zick Landscaping Architecture,
Inc.; Not Dated
Minuteman Commuter Bikeway Planning for Seating, Landscaping & Invasive
Vegetation Management; Locus: Minuteman Bikeway, Lexington, MA; Prepared by:
KZLA; Date: 10/16/2024;
Mr. Braden Drypolcher, KZLA, presented the plans for this project and stated that the scope of
improvements is from Fottler Ave to approximately 400 feet past Bow Street, along the
Minuteman Commuter Bikeway. The impact within the 200-foot Riverfront area includes
invasive species removal, 200 square feet of pervious pavers, signage and seating.
Mr. Bitsko asked if there is a specific plant community in mind for the proposed replanting? Mr.
Drypolcher stated the proposal does not contain a specific plant community, but includes native
species such as mulberry trees and oak trees, along with spicebush and bluestem for shrubs.
Dr. Jeff Clayman, 10 Frost Road, asked if comprehensive soil testing has been done to determine
what will be released from the proposed soil disturbance. Mr. Drypolcher stated that no
comprehensive soil testing has been completed. Ms. Mullins stated the town will follow up on if
a comprehensive soil test is needed.
On a motion by Mr. Hnatko 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
Continued Public Meetings/Hearings
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; Last Revised: 10/21/2024
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
Previous Meeting Date: 10/21/24
Ms. Ladd stated that it was verified that the line does not need to be moved and that there was
discussion that a wire fence will be kept on site to show a visual boundary for any future owners
to not disturb this area. Ms. Mary Trudeau Hill, Wetlands Consultant, presented and stated that
the owner is willing to install a fence at the lawn line to deter future owners from disturbing the
resource area and that this be included in the conditions.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to issue a negative determination with 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
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
Engineering Comments; Date: 10/17/2024
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
Supplemental Documentation Submitted:
Mitigative Drainage Analysis; Prepared for: Mark & Linda Adler, 33 Woodpark Circle;
Prepared by: Williams & Sparages; Date: 7/25/2024; Last Revised: 10/22/2024
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: 10/23/2024
Permit Site Plan Construction Details; 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: 10/23/2024
Permit Site Plan Proposed Conditions; 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: 10/23/2024
Letter; Subject: Engineering Comments for NOI; Locus: 33 Woodpark Circle, Lexington,
MA; Prepared by: Peter Blaisdell, Williams & Sparages; Date: 10/24/2024
Previous Meeting Dates: 9/23/24 (no testimony), 10/7/2024 (no testimony), 10/21/2024
Mr. Thorson Akerley, Williams and Sparages, presented the proposed plans and existing site
conditions, and stated that the proposal includes the construction of an accessory dwelling unit
that a portion of it will be within the Buffer Zone. Mr. Akerley stated that stormwater
management has been proposed to mitigate for the construction in the Buffer Zone.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, 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: Willard’s Wood, 20 Brent Rd (76-11A)
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.
Documentation Submitted:
Notice of Intent: Improvements to Willard’s Woods Conservation Area; Locus: Parcel
76-11A and Parcel 70-61; Prepared for: Town of Lexington; Prepared by: Kyle Zick
Landscape Architecture, Inc.; Date: 8/20/2024
WPA Form 3: Notice of Intent Application; Locus: Parcel 76-11A and Parcel 70-61;
Prepared for: Town of Lexington; Prepared by: Kyle Zick Landscape Architecture, Inc.;
Date: 8/20/2024
Description of Proposed Work; Prepared for: Willard’s Woods Conservation Area;
Prepared by: Kyle Zick; Date: 8/18/2020
Pre-Development Watershed Map: Figures 1 and 2; Prepared for: Willard’s Woods
Conservation Area, Town of Lexington; Prepared by: Woodard & Curran; Date: July
2024
Checklist for Stormwater Report: Signed and stamped by: Kevin McCaffrey, PE #46776;
Date: 7/10/2024
Construction Documents; Prepared for: Town of Lexington, MA; Prepared by: Kyle
Zick, Landscape Architecture, Inc.; Date: 8/20/2024
Supplemental Documentation Submitted:
Engineering Comments; Date: 9/9/2024; Engineering Comments 2; 9/25/2024;
Engineering Comments 3; Date: 10/7/2024
Stormwater Management Report; Prepared for: Town of Lexington, MA Willard’s
Woods Conservation Area; Prepared by: Kyle Zick Landscape Architecture, Inc.; Signed
and Stamped by: Kevin McCaffrey, Civil PE No. 46778; Date: July 2024; Revised:
October 2024
Sheet L3.1, Grading Plan; Prepared for: Willard’s Woods Conservation Area; Prepared
by: Kyle Zick Landscape Architecture, Inc; Date: 10/2/2024
Memorandum; Subject: Stormwater Comments on Willards Woods Materials, 20 Brent
Road; To: Lexington Conservation Commission; From: Tracy Hudak, KZLA; Date:
10/3/2024
Overlook Revisions: 75% Construction Documents; Prepared for: Town of Lexington,
MA; Prepared by: Kyle Zick, Landscape Architecture, Inc.; Date: 10/2/2024
Memorandum; Subject: Addition of Sleeper Boardwalk to plans at Willard’s Woods, 20
Brent Road; To: Lexington Conservation Commission; From: Tracy Hudak, KZLA;
Date: 10/16/2024
Sheet L2.2, Layout and Materials Plan; Sheet LD1.7, Sleeper Boardwalk Details;
Prepared by: Kyle Zick, Landscape Architecture, Inc.; Date: 10/16/2024
Comments received from Abutters and Users of Willard’s Woods
Willard’s Woods User Survey; Prepared by: Friends of Willard’s Woods Working
Group; Last Revised Date: 10/18/2024
Previous Meeting Dates: 9/9/24, 9/23/2024 (no testimony), 10/7/2024, 10/21/2024
Mr. Hamilton presented an overview of comments and concerns from previous meetings and
how they have been addressed already. Ms. Tracy Hudak, Kyle Zick Landscape Architecture,
stated that a new set of plans have been uploaded to the record, including the removal of the
proposed boardwalk as requested by the Commission.
Ms. Victoria Buckley, Commission on Disability, thanked the Commission for their efforts to
make Conservation areas accessible. Ms. Buckley stated the 75% design plan was presented to
the Commission on Disability and noted a shorter loop including the boardwalk is important to
the Commission on Disability. The Commission on Disability had a majority vote opposed to the
removal of the boardwalk loop on the plans.
Ms. Marianne M McKenna, 118 Adams Street, stated the wooden boardwalk is not currently a
path and feels it is not currently restricting any users and opposes the inclusion of the boardwalk.
Mr. Clive Spence, 16 Linmoor Ter, stated opposition for the project and concerns for the project
resulting in harm to the woods.
Ms. Mariana Mariscal, 584 Lowell St, stated Willard’s Woods is a destination for many dog
users. Ms. Mariscal stated she is a landscape architect and raised concern for lack of outreach for
the project. She stated that, regarding accessibility, it would be important to do a study of where
universal accessibility could be placed without impacting the natural resource areas.
Ms. Bonnie Culhane, 19 Redcoat Lane, expressed concern for adding structures to the woods and
the associated negative impacts on the area.
Ms. Kathy Scott, abutter of Parker Meadow, stated the story walk and other changes to Parker
Meadow as well are examples of the manmade structures being produced in conservation areas
and expressed opposition to manmade structures in conservation areas.
Mr. Hamilton stated he does not support the boardwalk being included in the project. Ms. Ladd
stated the boardwalk would be funded separately and that the cost-benefit of this does not work
well. Mr. Hnatko stated the boardwalk should be considered separately in a Notice of Intent
filing in the future if it is to be pursued again. Mr. Bitsko stated the boardwalk does provide
value to the protection of the wetland where there is already a trail. Ms. Dohan stated she is not
opposed to the removal of the boardwalk; however, they cannot know how often mobility
impaired persons might use the trail, without the installation of the boardwalk. Mr. Hnatko noted
having dogs enter the woods makes the space no longer wild.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call
vote to close the hearing without the boardwalk.
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: 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
Technical Review Letter #2; Locus: 231 Bedford Street, Lexington, MA; Prepared by:
Dylan J. O’Donnel, PE and Eric A. Kelley, PE, Environmental Partners; Date:
10/17/2024
Supplemental Documentation Submitted:
Letter, David Sperduto, Wetlands Identification, to Lexington Conservation Commission,
Re: 231 Bedford St, 10/21/2024
Various Public Comment Letters to Lexington Conservation Commission: Sumitra
Sujanani, 10/18/2024; Neighborhood Letter to the Conservation Commission,
10/14/2024; Submission for hearing on 11/4/24 (Flooding Concerns) Email from Lisa
Newton, 10/29/2024; Submission for hearing 11/4/24 (#2) from Lisa Newton,
10/29/2024; One Last Submission/Request (Superimposed Building Vertical) Email from
Lisa Newton, 10/29/2024; Brief Video and Photo from Lisa Newton, 10/30/2024
Previous Meeting Date: 10/21/24
*Applicant has requested a continuance without testimony from 11-4-2024 to 11-18-2024
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 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
Alex Dohan – 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: 10/28/2024
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: 10/28/2024
Letter; Subject: Request for Variance; Locus: 24 Turning Mill Rd, Lexington, MA;
Prepared by: Russell Waldron, Applied Ecological Sciences; Date: 10/28/2024
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), 10/21/2024
Mr. Marc Alencar, MP Design Consultants, presented, Mr. Russell Waldron, wetland scientist,
and Zoe Chang, MP Design, were also present. Mr. Alencar stated that the current project is at a
4:1 ratio for mitigation and the applicant is requesting a waiver for construction in the buffer
zone. Mr. Hamilton stated the waiver request submitted does not comply with the Commission’s
waiver requirements. Mr. Waldron stated he based the waiver request on the project rather than
the Commission’s waiver request requirements and that a 4:1 ratio of mitigation is proposed. Mr.
Hamilton stated that the waiver request must have the specifics of constraints and proposed
mitigation to be approved by the Commission. Mr. Alencar stated that a new waiver request will
be submitted after further review. Ms. Mullins asked for clarification of the specific species
proposed for plantings.
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 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
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Bitsko and seconded by Ms. Dohan, 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
9:35pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 1/21/2025
Archived: 1/22/2025