HomeMy WebLinkAbout2024-11-18-ConCom-min
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Monday, November 18th, 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), Ruth Ladd (Vice-Chair), Thomas Whelan; Not Present: Jason Hnatko
Staff Present: Karen Mullins, Conservation Director; Not Present: Megan Downer, Department
Assistant
6:30 PM New Business/Pending Matters
Vote to Issue Order of Conditions: 0 Bow St, Minuteman Commuter Bikeway, DEP #201-1336,
OpenGov CNOI-24-28
Ms. Ruth Ladd, Commissioner, asked if the Commission was going to request that the applicant
inquire about cutting the larger Norway maple trees on site. Mr. Beuttell stated that the
Commission would talk with the applicant separately on this matter, depending on how their
meeting with the Tree Preservation Committee goes. Ms. Mullins stated that KZLA is in the
process of seeking approval for cutting these trees and the Commission can include this as a
condition.
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 conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Vote to Issue Order of Conditions: 33 Woodpark Circle, DEP #201-1334, OpenGov CNOI-24-26
On a motion by Mr. Bitsko and seconded by Ms. Dohan, 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 – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Vote to Issue Order of Conditions: Willard’s Woods, 20 Brent Rd, DEP #201-1333, OpenGov
CNOI-24-25
On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 – Aye
Philip Hamilton – 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 stated she conducted a site visit and found that there is a pile of stone in the parking
lot which needs to be removed in order for the site to be in compliance.
Request for Certificate of Compliance: 23 Oxbow Rd, DEP #201-1255, OpenGov COC-24-21,
CNOI-22-4
Ms. Mullins stated an updated plan addressing comments raised to the engineer needs to be
submitted.
Request for Certificate of Compliance: 5 Howard Munroe Place, DEP #201-1164, OpenGov
COC-24-3
Ms. Mullins stated an updated as-built plan has been submitted.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 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
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 107 Blossomcrest Road, DEP #201-1304, OpenGov
COC-24-19, CNOI-23-29
Ms. Mullins stated a partial certificate of compliance has already been issued.
Approve Minutes: 10/7/2024
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to approve the 10/7/2024 meeting minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Abstain
Schedule site visits: 12/2/2024 Meeting
The site visits will be scheduled for Saturday 11/30/2024 starting at 9:00am.
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 the Community Preservation Committee (CPC) has declining revenues
and the affordable housing trust has been requesting 3 million dollars a year and the CPC has
concern for what funding will be available in the future. Mr. Whelan asked if there are any
capital improvement projects underway. Mr. Bitsko asked if any of the DCR trail grants could be
used for their trail improvement projects. Ms. Mullins stated the town has been awarded at least
3 of these grants in the past.
7:00 PM New Public Meetings/Hearings
Request for Determination of Applicability: 198 Burlington St (Route 3/I-95/C-D Road)
OpenGov Permit# CDOA-24-19
Applicant/Property Owner: Massachusetts Department of Transportation, Highway Division
Project: Highway upgrades, including grading, drainage, geometric improvements, guardrail
installs, mill and repave and add berms, and pavement markings
Documentation Submitted:
WPA Form 1: Request for Determination of Applicability; Prepared for: Massachusetts
Department of Transportation – Highway Division; Prepared by: Marissa Seifert; Date:
10/2/2024
Plan and Profile of Improvements at Interstate 95 (Route 128)/Route 3 Interchange;
Prepared for: massDOT; Prepared by: HNTB; Date: 8/2/2024
Improvements at I-95 (Route 128)/Rout 3 Interchange Project; Prepared for
Massachusetts Department of Transportation - Highway Division; Prepared by: HNTB
Corporation; Date: October 2024
Ms. Megan Hanshaw, HNTB, stated the project is located in both Burlington and Lexington and
serves to create a safer driving environment on site. Ms. Marissa Siefert, HNTB Corporation,
was also present. Ms. Siefert stated a delineation was performed in May of 2023 that found 3
resource areas in the area. The nonexempt activities proposed include guardrail installation and
associated grading on site, a hot mixed asphalt berm development, and minor drainage activities.
A pollinator mix or mid-height grass mix will be used, which are all native species. No work will
be done within the wetlands, all work proposed is in the Buffer zone.
On a motion by Ms. Dohan and seconded by Ms. Ladd, 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
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 17 Hartwell Ave
OpenGov Permit# CDOA-24-20
Applicant/Property Owner: BP 17 Hartwell LLC
Project: Overflow connections to municipal separate storm sewer system from the new
development stormwater management systems
Documentation Submitted:
WPA Form 1: Request for Determination of Applicability; Locus: 17 Hartwell Ave,
Lexington, MA; Prepared for: BP 17 Hartwell LLC; Prepared by: Nick Skoly, Vanasse
Hangen Brustlin Inc; Date: 10/29/2024
17 Hartwell Avenue Redevelopment; Locus: 17 Hartwell Ave, Lexington, MA; Prepared
for: BP 17 Hartwell LLC; Prepared by: VHB; Date: October 2024
Site Plan Submission; Locus: 17 Hartwell Ave, Lexington, MA; Prepared for: BP 17
Hartwell LLC; Prepared by: cube3 architecture; Date: 7/26/2024; Revised: 10/7/2024
Stormwater Memo; To: Lexington Planning Board; From: Nick Skoly, PE; Subject: RE:
17 Hartwell Ave Stormwater; Date: 6/5/2024
Memorandum: Subject: RE: 17 Hartwell Request for Determination of Applicability
(RDA); To: Lexington Conservation Commission; From: Nicholas Skoly, PE: Date:
10/28/2024
Memorandum: Subject: RE: 17 Hartwell – Pipe Capacity; To: Lexington Conservation
Commission; From: Nicholas Skoly, PE: Date: 11/1/2024
Memorandum: Subject: RE: Nitsch Project #15854.3, First Review Letter, 17 Hartwell
Avenue, Lexington, MA; To: Lexington Conservation Commission; From: William
Maher, PE, LSIT, Nitsch Engineering, Inc.; Date: 11/15/2024
The applicant has requested a continuance without testimony to the 12/2/2024 meeting.
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call
vote to continue the hearing to the 12/2/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 501 Marrett Rd
OpenGov Permit# CNOI-24-31, DEP #201-1340
Applicant/Property Owner: Shawn Newell, Town of Lexington
Project: Construct a pergola addition over pervious concrete apron associated with Old Reservoir
bathhouse and ADA access improvements
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 501 Marrett Road, Lexington, Mass.
(Map 33 Parcel 99); Prepared for: Shawn Newell, Town of Lexington Public Facilities;
Prepared by: Brian Geaudreau, Hancock Associates; Date: 10/17/2024;
Notice of Intent; Locus: 501 Marrett Road, Lexington, Mass. (Map 33 Parcel 99);
Prepared for: Shawn Newell, Town of Lexington Public Facilities; Prepared by: Brian
Geaudreau, PE, and John Reilly, EIT, Hancock Associates; Signed and Stamped by:
Brian Geaudreau, Civil PE No. 54495; Date: 10/21/2024;
Letter; From: Brian Geaudreau, PE, and John Reilly, EIT, Hancock Associates; To: Town
of Lexington Conservation Department; Subject: Notice of Intent-Upgrade of Existing
Bathhouse-#501 Marrett Road, Lexington, MA; Date: 10/21/2024
Memorandum; From: Matthew Weisman, Engineering; To: Karen Mullins, Conservation;
Subject: 501 Marrett Road NOI Comments; Date: 11/18/2024;
Delineation Report for Lexington Reservoir, Lexington, MA; Locus: 501 Marrett Road,
Lexington, Mass. (Map 33 Parcel 99); Prepared by: Leah D. Basbanes, M.A., Wetland
Consultant/Biologist; Date: 3/6/2020;
Site Plan of Land in Lexington, Mass.; Locus: 501 Marrett Road, Lexington, Mass. (Map
33 Parcel 99); Prepared for: Town of Lexington; Prepared by: Hancock Associates;
Signed and Stamped by: Brian Geaudreau, Civil PE No. 54495; Scale: As Shown; Date:
10/21/2024;
Mr. John Reilly, Hancock Associates, presented and stated that the project has come before the
Commission multiple times over the years and the new remodel includes a pergola and pervious
concrete on the backside of the bathhouse and a gravel area in front of the bathhouse. Mr. Newell
stated the previously proposed shed has been removed from the project.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 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
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
Mitigative Drainage Analysis; Locus: 18 Bacon Street, Lexington, MA; Prepared for:
Charles Hornig; Prepared by: Williams & Sparages; Date: 10/11/2024;
Mr. Richard Kirby, LEC Environmental Consultants, presented and stated that the proposal
includes the construction of an accessory dwelling unit (ADU). Mr. Kirby stated there is a
bordering vegetated wetland on site. A 12-foot-wide gravel driveway is proposed to spur from
the existing driveway to the ADU. The applicant is requesting a waiver form the Board of Health
for some design components. Mr. Kirby stated that the stream onsite is intermittent despite being
shown as perennial on some maps. Mr. Beuttell asked when Massachusetts declared a drought
this year. Mr. Kirby stated the drought was declared in September 2024 and they collected data
in August 2024.
Ms. Ladd stated there was clearing done on the property and has concerns of this unauthorized
clearing and vegetation management. Ms. Ladd asked if the applicant is asking for verification of
the wetland line through this permit. Mr. Kirby stated they are not asking for approval of all
flags. Mr. Hamilton stated the Board of Health still needs to approve the sewer connection and
the Commission does not normally close hearings until all other permits have been approved.
On a motion by Mr. Bitsko and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the 12/2/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 217 Massachusetts Ave
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
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 217, 229, 233, and 241 Massachusetts
Ave, Lexington, MA; Prepared for: Ronald Lopez; Prepared by: Maureen Herald, Norse
Environmental; Date: 10/29/2024
Stormwater Report; Locus: 217, 229, 233, and 241 Massachusetts Ave, Lexington, MA;
Prepared for: North Shore Residential Development; Prepared by: Sullivan Engineering
Group, LLC; Date: 8/22/2024; Last Revised: 10/30/2024
Site Plan Set; Locus: 217, 229, 233, and 241 Massachusetts Ave, Lexington, MA;
Prepared for: North Shore Residential Development; Prepared by: Sullivan Engineering
Group, LLC; Date: 8/12/2024; Last Revised: 10/30/2024
Notice of Intent; Locus: 217, 229, 233, and 241 Massachusetts Ave, Lexington, MA;
Prepared for: North Shore Construction & Development Inc.; Prepared by: Norse
Environmental Services, Inc.; Date: October 2024
Fire Truck Turning Diagram; Locus: 217, 229, 233, and 241 Massachusetts Ave,
Lexington, MA; Prepared for: North Shore Residential Development; Prepared by:
Sullivan Engineering Group, LLC; Date: 10/28/2024
Mr. Mark Vaughan, attorney Reamer Bronstein Law, Mr. Scott Melching, project architect,
Mr. Jack Sullivan, Sullivan Engineering, and Maureen Herald, Norse Environmental were all
present as the project team for this hearing.
Mr. Vaughan presented and stated that the current 4 parcels consist of residential and
commercial uses and the proposal includes a 46-unit mixed use residential condominium
building. Mr. Vaughan stated there are no wetlands onsite and a portion of the site lies within the
200-foot Riverfront Area. Within 250 feet of the property are 2 MBTA bus stops.
Mr. Melching stated that they have worked closely with the Planning Department on this project
to best utilize the space for the town. Mr. Melching stated that the proposal includes a connection
from the commercial space to the Minuteman Bikeway. Mr. Sullivan presented the existing site
conditions and noted that the degraded areas are all previously disturbed. Mr. Sullivan stated that
there is currently low-quality vegetation on site and that there is a 10-foot sewer easement on the
rear of the property which the building is proposed to be in close proximity to. He stated that the
stormwater report shows the building roof runoff being captured to drain to an underground
drainage recharge system under the parking area. Mr. Sullivan stated that proposed mitigation is
required at a 2:1 ratio due to the proposed work within the 200-foot Riverfront area and the
project team is proposing mitigation offsite due to lot restrictions for mitigation. An offsite lot
nearby that is owned by the Town of Arlington is proposed as an area for further mitigation.
Mr. Mike Carter, GCG Associates, stated he conducted a peer review for this project and that
there are a few outstanding comments and concerns that need to be addressed for the project. Mr.
Carter stated that an alternative analysis in the 200-foot Riverfront area needs to be included as it
was not previously done. Mr. Beuttell stated opposition to the proposed offsite mitigation and
suggested the mitigation include additional naturalized area and mitigation for increased
imperviousness. Ms. Ladd stated that all mitigation would need to be part of this permit
application rather than submitted in a separate filing.
Ms. Dohan stated that shrinking the footprint of the building would be beneficial for the project
from a Conservation perspective. Ms. Sylvia Fohlin, 10 Cherry Street, agrees with reducing the
footprint and expressed concern for the impact on air quality and safety with the increased
number of cars that would be on site once constructed. Mr. Hamilton stated that the Commission
does not have jurisdiction over air quality and safety. Ms. Lisa Newton, 15 Ledgelawn Ave,
asked if the footprint is decreased, wouldn’t this make the mitigation easier to manage?
Ms. Sumitra Sujanani, 29 Ledgelawn Ave, stated the properties have an elevated flood risk rating
and asked what is the cause of the flood risk elevation. The MBTA compliance guidelines
suggest not to build within flood zones. Mr. Sullivan stated there is no flood plain associated
with the parcels.
Ms. Nancy Wilker, 64 Harding Road, asked for clarification on the requirement to restore the
land to how it was prior to devolving of the property. Mr. Hamilton stated the requirement
referred to is for the purpose of calculating stormwater runoff in which it must be assumed that
the property is open space in good condition for mathematical calculations. Ms. Ladd stated that
certain items such a bench could not be included in the square footage of mitigation area
calculations.
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 12/16/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – 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, Civil PE No. 41261; Date: 10/29/2024
Letter; Subject: Re: Stormwater Management Plan for 4 Trotting Horse Drive; To: Town
of Lexington; From: Stamski and McNary, Inc.; Date: 1/10/2025
Stormwater Management Report; Locus: 4 Trotting Horse Drive, Lexington, MA;
Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024
Memorandum; To: Karen Mullins; From: Marissa Liggiero; Subject: 4 Trotting Horse
Drive NOI Comments; Date: 11/15/2024
Notice of Intent; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur
Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024;
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;
Mr. Tom Hughes, Hughes Environmental Consulting, presented and stated that the proposed
project is an addition to an existing home in the buffer zone area to Bordering Vegetated
Wetlands. Mr. Hughes stated 29 square feet of overhang is proposed within the 50-foot buffer
zone and is proposing removing the 115 square foot shed that is currently within the 50-foot
buffer zone. Mr. Montgomery Nsamba, Stamski and McNary, Inc., presented the pre and post
development conditions and noted that a downspout is proposed to direct water to the proposed 4
chamber roof drywell. Mr. Nsamba stated all runoff on site will be treated. Mr. Hughes stated the
team intends on continuing the hearing after all comments have been stated.
Ms. Ladd asked if the brook is perennial. Mr. Hughes stated the brook is intermittent based on
his delineation. Ms. Dohan stated she is comfortable with the shed removal being offered as
mitigation. Ms. Lisa Newton, 15 Ledgelawn Ave, asked if the shed is within the wetlands. Mr.
Hughes stated the shed is 27.6 feet from the wetlands.
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 12/2/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Amendment to Order of Conditions: 320 Concord Ave
OpenGov Permit# AOOC-24-5, DEP #201-1300
Applicant/Property Owner: David Feldman
Project: Modifications include relocation of the proposed one-car garage from northern to
western side of dwelling expanding the 2-car to a 3-car garage, resulting in expansion of the
western driveway with shared access and reduction of the eastern driveway, proposed native
plantings and proposed permeable paver walkway in the front of the property.
Documentation Submitted:
Request for Amendment; To: Lexington Conservation Commission; From: Hancock
Associates; Date: 10/29/2024
Stormwater Report; Locus: 320 Concord Ave, Lexington, Mass.; Prepared by: Hancock
Associates; Signed and Stamped by: James J. Polakiewicz, Civil PE No. 59418; Date:
September 2023; Revised: October 2024
Permit Site Plan; Locus: 320 Concord Ave, Lexington, Mass.; Prepared for: Surette
Woodworking Inc.; Prepared by: Hancock Associates; Signed and Stamped by: James J.
Polakiewicz, Civil PE No. 59418; Date: 9/21/2023; Last Revised: 10/31/2024
Memorandum; To: Karen Mullins; From: Marissa Liggiero; Subject: 320 Concord Ave
AOOC Comments; Date: 11/15/2024
Mr. Thomas Sachs, Hancock Associates, presented the proposed project to add garage space and
the driveway is proposed to move further south towards the buffer zone for access. Mr. Sachs
stated that landscaping is proposed including restoration plantings of 2 northern red oak trees and
2 eastern white pine trees. Mr. Beuttell stated that engineering’s comment regarding the
exfiltration rate in the analysis not being consistent with the soils data would need to be resolved
prior to closing the hearing. Mr. Hamilton asked if the driveway is shared and how wide the
neighbor’s side is. Mr. Sachs stated the driveway is shared and the neighbor’s side is 8 feet wide.
Mr. Jeffrey Cheng, 324 Concord Ave, stated the driveway is not shared but has been utilized as a
shared driveway for decades. Mr. Cheng stated concern for their use of the driveway being
revoked through this project and that the elevation increase in the driveway for 320 Concord Ave
would cause risk for water damage in their property. Mr. Sachs stated the proposed design would
pull an estimated two-thirds of the water currently draining to the neighbor’s property to drain
into their proposed drainage system instead. Mr. Dave Feldman, 320 Concord Ave, stated the
driveway is currently shared between the two properties, however there is no easement. Mr.
Feldman stated the intent of the proposal is to make the driveway safer.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to continue the hearing to the 12/2/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings
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’Donnell, 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, 11/4/2024 (no testimony)
Mr. Rich Kirby, LEC Environmental Consultants, presented and stated that a response to
previous comments has been submitted to address comments raised by the Commission and the
public through previous meetings. Mr. Kirby stated that over 40% of the lot will consist of
restoration and invasive plant management through the proposed project. Mr. Kirby stated that
an alternative overview has been submitted explaining the process of how the project team has
decided on the current proposal including the original plans such as the building size being
reduced. Signage is proposed to mark where the pollinator meadow is. Mr. Kirby presented a
preliminary modified plan that has the 2021 Zone A boundary line shown. The building
department requires the basement floor elevation be 2 feet above the estimated seasonal high
groundwater elevations and the proposed building’s garage elevation is 3 feet above the
estimated seasonal high groundwater elevations.
Mr. Dylan O’Donnell, Peer Reviewer, stated the majority of review comments have been
addressed and the outstanding comments include the hydrology model in the green roof and the
porous pavers in the green roof. Mr. Beuttell stated a 2:1 ratio of mitigation is needed for the
structure being placed within the 50-foot buffer zone and the 25-foot buffer zone is normally
naturalized and given the close proximity of the perennial stream, the 25-foot buffer zone should
remain naturalized and further mitigation should be proposed. Ms. Ladd suggested exploring
opportunities for mitigation offsite since the brook continues to the bikeway.
Mr. David Sperduto, Wetlands Identification, stated he has submitted a letter of comments to the
record. Mr. Sperduto stated that increasing building footprint and setback to the wetlands could
compromise the resource areas and their interests. He also asked for clarification on the cost to
the applicant purchasing the property and if this cost was set too high for the project. Mr. Al
Gala, Gala Simon Associates, stated they utilized the standard method mounding analysis for the
drainage systems.
Ms. Lisa Newton, 15 Ledgelawn Ave, stated the area is over paved due to lack of compliance
with a 1987 Order of Conditions. Ms. Newton stated that the building does not fit the land
appropriately despite being the smallest option. Ms. Newton stated the owners did not disclose
flood history during the sale of this property and that the site is vulnerable to flooding. Ms.
Newton stated the building should not be allowed a waiver to be built within the 50-foot buffer
zone.
Ms. Nancy Wilker, 64 Harding Road, asked for clarification on the procedure for building
structures within the 50-foot buffer zone and if they are allowed to cite economic hardship to
receive a waiver. Mr. Hamilton stated this applicant is not citing economic hardship and instead
is focused on a reduction of the footprint that would result in outdoor parking that could lead to
pollution to the wetlands.
Ms. Sumitra Sunjanani, 29 Ledgelawn Ave, stated it is feasible and practical to build the
structure outside of the 50-foot buffer zone and that town engineering has found that 440 acres of
surrounding land drain into the North Lexington Brook. Ms. Sunjanani asked how the drought
impacts the water table and is the 2 foot 9 inches accurate when not experiencing a drought? Mr.
Sunjanani stated concern for light pollution impacting neighboring homes. Mr. Gala stated that
during soil testing they observed the groundwater along with signs of groundwater at higher
elevations and is documented in the test pits. Mr. Kirby stated that the soil evidence observed in
the test pits is developed over decades and does not change seasonally.
Mr. Gary Yue, 11 Ledgelawn Ave, stated concern for the size of the building next to a small
brook impacting the ecosystem of the brook. Mr. Yue stated concern for the roots of nearby trees
being cut and resulting in the trees dying along with concern for the shadows to be cast by the
proposed building. Mr. Kirby stated the 1987 Order of Conditions was issued for a parking lot
and only an estimated 100 square feet of the parking area would be considered non-complying.
Mr. Peter Saradjian, 259 Bedford Street, stated concern for the removal of trash and snow
plowing and asked for clarification of the logistics of those. Mr. Saradjian stated concern for a
dangerous cumulative effect the proposed building would have on flooding for all residents in
this area.
Ms. Jennifer Logan, 40 North Hancock St, stated concern for an underground parking garage and
structure within the 50-foot buffer zone and that approval of this project would set a precedent
for future projects to build within the buffer zone.
Mr. Al Solomon, 15 Ledgelawn Avenue, stated the violations to the 1987 Order of Conditions by
previous owners of the property.
Mr. Charlie Zhu, 9 Ledgelawn Avenue, stated support for his neighbors’ comments and asked
the Commission the reason for a large structure being built close to North Lexington Brook.
Ms. Sue Amsel, 21 Ledgelawn Avenue, suggested strictly keeping to the 50-foot buffer zone
regulations.
Mr. Jian Wang, 31 Ledgelawn Avenue, stated concern for the parking to be provided for the
building and having more cars parking along the road.
Mr. Steve Parus, 19 Ledgelawn Ave, stated he agrees with the fellow abutters comments and
asked whether or not the structure needs to be built in order to make improvements to the
surrounding area.
Ms. Heike Arendt, 23 Ledgelawn Avenue, asked for clarification on why the Commission is
unable to enforce the 1987 Order of Conditions on the property. Mr. Hamilton stated that
enforcing the Order of Conditions would create a threat to the Brook at this point.
Ms. Susan Knauer, 17 Ledgelawn Avenue, presented pictures of her property in normal
conditions and flooding from rain on her property and stated that heavy rain would result in
higher flooding.
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 12/2/2024 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 24 Turning Mill Road
OpenGov Permit# CNOI-24-19, DEP #201-1330
Applicant/Property Owner: Murali Pathivada
Project: The construction of additions within the 100-ft buffer zone to Bordering Vegetated
Wetlands
Documentation Submitted:
Stormwater Management Memo; Prepared for: 24 Turning Mill Road, Lexington, Mass.
(Map 86 Parcel 53); Prepared by: MP Design Consultants; Stamped and Signed by:
Carlos Ferreira, Civil PE No. 41423; Date: 7/15/2024; Last Revised: 10/28/2024;
Long-term Pollution Prevention and Stormwater Operation & Maintenance Plan;
Prepared for: 24 Turning Mill Road, Lexington, Mass. (Map 86 Parcel 53); Prepared by:
MP Design Consultants; Date: 6/27/2024;
Site Plan Single-Family Home: “Cover Page”, “Existing Conditions”, Sheet C-101, “Site
Plan”, Sheet C-102, “Planting Plan”, Sheet C-103, “Details”, Sheet C-104, “Details”;
Locus: 24 Turning Mill Rd, Lexington, Mass. (Map 86 Parcel 53); Prepared for: Murali
Pathivada; Prepared by: MP Design Consultants; Stamped and Signed by: Carlos
Ferreira, Civil PE No. 41423, and Todd P. Chapin, PLS No. 37558; Date: 3/13/2024; Last
Revised: 10/28/2024
WPA Form 3 – Notice of Intent Application; Locus: 24 Turning Mill Rd, Lexington,
Mass. (Map 86 Parcel 53); Prepared for: Murali Pathivada; Prepared by: Zoe Chang, MP
Design Consultants; Date: 7/16/2024
Sheet C-102, “Planting Plan”, Prepared for: Murali Pathivada; Prepared by: MP Design
Consultants; Scale: 1” = 20’; Date: 10/14/2024; Last Revised: 10/28/2024
Letter; From: Russell E. Waldron, Applied Ecological Sciences; To: Lexington
Conservation Commission; Subject: Request for Variance; Locus: 24 Turning Mill Rd,
Lexington, Mass. (Map 86 Parcel 53); Date: 10/28/2024
Letter; From: Russell E. Waldron, Applied Ecological Sciences; To: Lexington
Conservation Commission; Subject: Request for Waiver; Locus: 24 Turning Mill Rd,
Lexington, Mass. (Map 86 Parcel 53); Date: 11/9/2024
Memorandum; From: Marissa Liggiero, Engineering; To: Karen Mullins, Conservation;
Subject: 24 Turning Mill Road NOI Comments; Date: 8/5/2024; Subject: 24 Turning Mill
Road NOI Comments 2; 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), 10/21/2024, 11/4/2024
Mr. Marc Alencar, MP Design, presented updated plans addressing outstanding comments
including the waiver request and plant summary scheduling including the proposed locations and
species. Mr. Alencar stated impervious area is being decreased and proposed mitigation is at a
4:1 ratio.
On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Recused
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 149-151 Old Spring Street (Chinese Bible
Church of Greater Boston)
OpenGov Permit# CDOA-23-12
Applicant/Property Owner: Chinese Bible Church of Greater Boston
Project: connection to the municipal drainage system associated with construction of a new
building
Supplemental Documentation Submitted:
Drainage Calculations and Stormwater Management Plan; Prepared by: McKenzie
Engineering Group; Stamped and signed by: Bradley C. McKenzie, PE Civil No. 36917;
Date last revised: 3/29/2024;
Site Development Plan; Prepared by: McKenzie Engineering Group; Stamped and signed
by: Bradley C. McKenzie, PE; Date last revised: 3/29/2024;
Technical Review Letter #1; Prepared by: Scott D. Turner, Director of Planning,
Environmental Partners; Date: 4/19/2024
Previous Meeting Dates: 10/30/23; 11/27/23; 12/11/23; 1/2/24, 1/29/24, 2/12/24, 2/26/2024,
3/11/2024, 4/8/2024, 4/22/2024, 5/6/2024, 5/20/2024, 6/3/2024, 6/17/2024, 7/1/2024, 7/16/2024,
8/19/2024, 9/23/2024
Ms. Mullins stated there has been no activity and feedback received nor requests for a
continuance for this application. Mr. Hamilton stated the Commission should issue a positive
determination and the applicant will need to refile once they are ready.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to issue a positive determination.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
New Business/Pending Matters, Continued
Conservation Plan Modification: 15 Peacock Farm Rd, CPM-24-8
Ms. Mullins stated the applicant is reducing the impervious area and an overall decrease of 17
square feet of impervious area is proposed.
On a motion by Ms. Whelan and seconded by Ms. Dohan, the Commission voted 6-0 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
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 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
Ruth Ladd – Aye
Tom Whelan – Aye
Respectfully Submitted via Video Recording,
Megan Downer
LUHD Department Assistant
Approved: 1/21/2025
Archived: 1/22/2025