HomeMy WebLinkAbout2025-01-21-ConCom-min
PUBLIC MEETING MINUTES
Conservation Commission
Meeting broadcasted by LexMedia
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AGENDA Tuesday, January 21, 2025, 6:30 p.m.
This Conservation Commission meeting was held remotely via Zoom, an online meeting
platform. Public Participation via calling in or using your computer was encouraged.
Commissioners Present: Kevin Beuttell, Duke Bitsko, Alexandra Dohan, Philip Hamilton
(Chair), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan;
Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant
6:30 PM New Business/Pending Matters
Conservation Plan Modification: CPM-24-9, 25 Suzanne Rd, Modify deck layout between the
50-100 foot buffer zone
Ms. Karen Mullins, Conservation Director, presented and stated that the proposed modified plan
includes a minor change to the layout of the proposed deck, which is outside of the 50-foot
buffer zone.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 by roll
call vote to approve the insignificant plan modification.
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Extension of the Order of Conditions: 440 Bedford St, 201-1243, CNOI-21-37, 3-year request
(1-28-2025 to 2028) to conduct required native plant restoration monitoring for survivability for
compliance certificate
Ms. Mullins stated that the applicant is requesting a 3-year extension to complete the 3-year
monitoring period required for the restoration plantings. Ms. Mullins stated that all work has
been completed and that the 3-year monitoring period is all that remains for full compliance. The
applicant will apply for a partial certificate of compliance.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to approve an extension to the Order of Conditions of 3 years.
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: 12 Solomon Pierce Rd, DEP #201-1341, OpenGov CNOI-24-
34
Ms. Mullins stated that this proposal includes a waiver request. Mr. Beuttell stated that a special
condition be included stating the large oak tree on site will remain.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue the order of conditions and accept the waiver 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
Approve Minutes: 9/30/24 Concord Ave Public Forum, 11/4/24, 11/18/24, 1/6/25
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to approve the 9/30/2024 Concord Ave Public Forum minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call
vote to approve the 11/4/2024 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to approve the 11/18/2024 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to approve the 1/6/2025 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Schedule site visits: 2/3/2025 Meeting
Ms. Mullins stated there will be at least 3 site visits. The site visits will be scheduled for
Saturday 2/1/2025 starting at 9:30am.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management,
Land Steward Directors, Tree Committee
Ms. Alex Dohan, Commissioner, stated the GCC is marking the Battle Road Route with
ACROSS markers all throughout to celebrate Lex250.
Ms. Mullins stated the Town will recommend that the consultant for the Concord Ave Land
Management Plan give a final presentation to the Commission. Ms. Mullins stated the consultant
was first informed of the trail connection for consulting and the Commission would need to
decide if they will approve the recommendations and trail connection. Ms. Mullins stated there
was a request to schedule this final presentation for the joint Stewards meeting in February.
Mr. Hamilton stated that given the time remaining in the New Business/Pending Matters portion
of the meeting, the Commission could vote on the requested continuances.
Notice of Intent: 0 Valley Rd
OpenGov Permit# CNOI-24-35, DEP #201-1342
Applicant/Property Owner: Town of Lexington, Recreation and Community Programs Dept.
Project: Raze and construct new tennis/pickle ball courts, a formalized parking lot, and
associated site appurtenances, including stormwater management best practices.
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 0 Valley Rd, Lexington, MA;
Prepared for: Town of Lexington; Prepared by: Holly Ganser; Date: 11/12/2024
Wetland Delineation Report; Subject: Wetland Resource Area Delineation Memo, Valley
Road Tennis Courts, Lexington, MA; To: Peter Coleman, CPRP, CYSA, Assistant
Director of Recreation; From: Greg J. Hochmuth, PWS, CWS, RS, Epilson Associates,
Inc.; Date: 10/27/2023
Construction Pollution Prevention Plan and Erosion & Sediment Control Plan, Town of
Lexington Tennis Court Renovation; Locus: 0 Valley Road, Lexington, MA; Prepared
for: Town of Lexington; Prepared by: Activitas, Inc.; Date: 11/12/2024
Memorandum; Subject: 0 Valley Road NOI Comments; To: Karen Mullins; From:
Marissa Liggiero; Date: 11/26/2024
Supplemental Documentation Submitted:
Memorandum; Subject: Response to NOI Comments; To: Lexington Conservation
Commission; From: Holly Ganser, PE, and Meg Buczynski, Activitas; Date: 11/23/2024
Permitting Documents, Lexington Valley Tennis; Locus: 0 Valley Road, Lexington, MA;
Prepared for: Town of Lexington; Prepared by: Activitas; Stamped and signed by: Glen
Reed, PLS No. 40766, Holly Ganser, PE No. 54933, and Benjamin Gleason, RLA No.
4392; Date: 11/12/2024; Revised: 12/23/2024
Operation and Maintenance Plan, Town of Lexington Valley Tennis Renovations; Locus:
Valley Road Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared
by: Activitas, Inc.; Date: 11/12/2024; Last Revised: 12/23/2024
Stormwater Report, Town of Lexington Valley Tennis Renovations; Locus: Valley Road
Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas,
Inc.; Date: 11/12/2024; Last Revised: 12/23/2024
Notice of Intent, Town of Lexington Valley Tennis Renovations; Locus: Valley Road
Tennis Courts, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas,
Inc.; Date: 11/12/2024; Revised: 12/23/2024
Previous Hearing Dates: 12/2/2024, 1/6/2025
*Applicant has requested a continuance without testimony to 2/3/2025
On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call
vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 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
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
Memorandum; Subject: Response to Comments; Locus: 231 Bedford Street, Lexington,
MA: To: Lexington Conservation Commission; From: LEC Environmental Services,
Inc.; Date: 11/7/2024
Memorandum; Subject: Site Plan Review for 231 Bedford Street; Village and Multi-
Family Overlay District (Memo #2); To: Lexington Planning Board; From: Abby
McCabe and Meghan McNamara; Date: 11/15/2024
Memorandum; Subject: Technical Review Letter #3; Locus: 231 Bedford Street,
Lexington, MA; To: Abby McCabe; From: Environmental Partners; Date: 11/15/2024
Engineering Drainage Calculations; Locus: 231 Bedford Street, Lexington, MA; Prepared
by: Gala Simon Associates, Inc.; Stamped and Signed by: Alberto Gala, Civil PE No.
36434; Date: 1/31/2024; Last Revised: 12/4/2024
Site Plans: Sheet C-O, “Existing Conditions Plan”, Sheet C-1, “Proposed Conditions
Drainage Plan”, Sheet C-2, “Roof Drainage Plan Details”, Sheet C-3, “Erosion Control
Plan and O&M Plan”, Sheet C-4, “Massachusetts Dot Details”, Sheet C-5, “Exhibit
Plan”; Locus: 231 Bedford Street, Lexington, MA; Prepared by: Gala Simon Associates
Inc.; Date: 5/9/2024; Last Revised; 12/2/2024
Letter; To: Lexington Planning Board; From: Gala Simon Associates, Inc.; Subject: RE:
231 Bedford Street Consultant Reviews; Date: 12/4/2024
Previous Hearing Dates: 10/21/24, 11/4/2024 (no testimony), 11/18/2024, 12/2/2024 (no
testimony), 12/16/2024 (no testimony)
*Applicant has requested a continuance without testimony to 2/3/2025
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
7:00 PM New Public Meetings/Hearings
Abbreviated Notice of Resource Area Delineation: 336 Marrett Road
OpenGov Permit# CORD-24-5, DEP #201-1348
Applicant/Property Owner: Dominic and Theresa Modoono
Project: Confirmation of resource area delineation.
Documentation Submitted:
WPA Form 4A: Abbreviated Notice of Resource Area Delineation; Locus: 336 Marrett
Road, Lexington, MA; Prepared for: Dominic and Theresa Modoono; Prepared by:
Michael Modoono; Date: 12/30/2024
Existing Conditions Plan of Land; Locus: 336 Marrett Road, Lexington, MA; Prepared
for: Dominic & Theresa Modoono; Prepared by: Sullivan Engineering Group, LLC;
Stamped and Signed by: Paul Anoccho, PLS No. 36115, and John Sullivan III, Civil Pe
No. 41586; Date: 12/29/2024
Wetland Border Report; Locus: 336 Marrett Road, Lexington, MA; Prepared for:
Michael Modoono; Prepared by: Goddard Consulting LLC; Date: 12/27/2024
Bordering Vegetated Wetland Determination Form; Locus: 336 Marrett Road, Lexington,
MA; Prepared for: Michael Modoono; Prepared by: Goddard Consulting LLC; Date:
12/16/2024
Letter; To: Lexington Conservation Commission; From: Michael Modoono; Subject:
Abbreviated Notice of Resource Area Delineation at Dominic & Theresa Modoono, 336
Marrett Road, Lexington, MA, 02421; Date: 12/30/2024
Mr. Michael Modoono, son of the homeowners of 336 Marrett Road, presented the history of the
site including aerial images of the property displaying a history of the site being cleared. Mr.
Modoono presented photos of the site during construction in the 1980s which resulted in the
creation of a retention area. Mr. Andrew Thibault, Goddard Consulting, stated that the
delineation was completed in December 2024 and the historical context of the site does provide
evidence of constructed wetlands that have since been naturalized.
Ms. Ladd stated that there were no concerns raised by the Commission during the site visit. Ms.
Mullins stated that the wetlands boundary is offsite and the Commission can only approve where
the buffer zone line is.
On a motion by Ms. Ladd and seconded by Mr. Bitsko, 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
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to approve the wetland buffer zone on the property.
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: 30 Donald Street
OpenGov Permit# CNOI-24-39, DEP #201-1347
Applicant/Property Owner: Wenli Zheng
Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within
the 200-foot Riverfront Area and 100-foot Buffer Zone.
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 30 Donald Street, Lexington, MA;
Prepared for: Wenli Zheng; Prepared by: Chi Man, Hardy and Man Design Group; Date:
12/30/2024
Notice of Intent Application; Locus: 30 Donald Street, Lexington, MA; Prepared for:
Wenli Zheng; Prepared by: Hardy and Man Design Group, PC; Date: 8/23/2024
Drainage Report; Locus: 30 Donald Street, Lexington, MA; Prepared by: Hardy + Man
Design Group, PC; Stamped and Signed by: Chi Y Man, PE No. 45441; Date: 8/23/2024;
Revised: 1/6/2025
Site Plan Set; Sheet C-1, “Site Layout Plan”, Sheet C-2, “Grading, Utility, & Erosion
Control”; Locus: 30 Donald Street, Lexington, MA; Prepared for: Permitting; Prepared
by: Hardy + Man Design Group, PC; Stamped and Signed by: Chi Y Man, PE No. 45441;
Date: 1/3/2025; Revised: 1//13/2025
Compiled Existing Conditions Plan; Locus: 30 Donald Street, Lexington, MA; Prepared
by: Hardy + Man Design Group, PC; Stamped and Signed by: Chi Y Man, PE No. 45441;
Date: 1/3/2025
Memorandum; To: Karen Mullins; From: Chi Y Man, PE, Hardy + Man Design Group,
PC; Subject: 30 Donald Streeting, Lexington, MA NOI – DEP#201-1347 Notice of Intent
Filing; Date: 1/13/2025
*Applicant has requested a continuance without testimony to 2/3/2025
Ms. Mullins stated that the applicant has requested a continuance without testimony to the
2/3/2025 meeting.
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 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings
Notice of Intent: 1367 Massachusetts Ave (Formerly 1359R Massachusetts Ave)
OpenGov Permit# CNOI-24-37, DEP #201-1346
Applicant/Property Owner: Rajesh Janu
Project: Reconstruction of a single-family dwelling and construction of an addition within the
100-foot Buffer Zone to Bordering Vegetated Wetlands.
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 1359R Massachusetts Avenue,
Lexington, MA; Prepared for: Rajesh Janu; Prepared by: Seth Donohoe, Dillis & Roy
Civil Design Group, Inc.; Date: 11/22/2024
Notice of Intent; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for:
Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group, Inc.; Date: 11/25/2024
Memorandum; Subject: 1359R Massachusetts Avenue Lexington, MA; To: Lexington
Conservation Commission; From: Dillis & Roy Civil Design Group; Stamped and Signed
by: Francis McPartlan, Civil PE No. 49572; Date: 11/22/2024
Supplemental Documentation Submitted:
Remediation Plan; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared for:
Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group; Scale: 1 in. = 20 ft.; Date:
8/23/2024; Last Revised: 1/9/2025
Remediation Sequencing Schedule; Locus: 1359R Massachusetts Avenue
Memorandum; Subject: 1359R Massachusetts Avenue Lexington, MA; To: Lexington
Conservation Commission; From: Dillis & Roy Civil Design Group; Stamped and Signed
by: Francis McPartlan, Civil PE No. 49572; Date: 11/22/2024; Revised: 1/10/2025
Notice of Intent Plan; Locus: 1359R Massachusetts Avenue, Lexington, MA; Prepared
for: Rajesh Janu; Prepared by: Dillis & Roy Civil Design Group; Stamped and Signed by:
Francis McPartlan, Civil PE No. 49572; Date: 11/22/2024; Last Revised: 1/9/2025
Memorandum; Subject: Notice of Intent – 1359R (AKA 1367) Massachusetts Avenue,
Lexington, MA DEP 201-1346; To: Lexington Conservation Commission; From: Seth
Donohoe, Dillis & Roy; Date: 1/13/2025
Previous Hearing Dates: 12/16/2024, 1/6/2025 (no testimony)
Mr. Seth Donohoe, Dillis & Roy, presented and stated that documents have been submitted to
address both the enforcement order and the Notice of Intent. Mr. Donohoe stated that an
evolving restoration plan has been submitted to mitigate for unauthorized filling on the property.
Mr. Hamilton asked what the sequence would be regarding both the enforcement work and the
construction work.
Mr. Beuttell stated that any use of hand excavation should be referenced in the restoration
sequence. Mr. Bitsko asked if canopy trees were added to the restoration plan. Mr. Donohoe
stated that canopy trees were added to the restoration plan. Mr. Whelan asked for the sequencing
plan to be titled and clearly marked to address enforcement. Ms. Ladd stated that monitoring was
not included in the sequencing schedule and this will be required.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to issue the amended enforcement order.
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
Mr. Donohoe stated that town engineering has stated the proposed project is in compliance with
town regulations. Mr. Donohoe presented the proposed site conditions and existing site
conditions, and stated that the goal of the project is to construct a garage connected to the
existing dwelling. He also stated that the entirety of the 25-foot buffer zone is proposed to be
restored except for a small portion of the driveway that is shared by others as it is a right-of-way
crossing for the Minuteman Bikeway.
On a motion by Ms. Dohan and seconded by Mr. Whelan, 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: 18 Bacon Street
OpenGov Permit# CNOI-24-29, DEP #201-1337
Applicant/Property Owner: Charles Hornig
Project: Construct an accessory dwelling unit and associated appurtenances, where the gravel
driveway, grading, and septic infrastructure partially fall within the 100-foot Bordering
Vegetated Wetlands buffer zone.
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 18 Bacon St, Lexington, MA;
Prepared for: Charles Hornig; Prepared by: Richard Kirby, LEC Environmental
Consultants, Inc.; Date: 10/26/2024
Mitigative Drainage Analysis; Locus: 18 Bacon Street, Lexington, MA; Prepared for
Charles Hornig; Prepared by: Williams & Sparages; Date: 10/11/2024; Last Revised:
10/24/2024
Memorandum: Subject: 18 Bacon Street NOI Comments; To: Karen Mullins; From:
Marissa Liggiero; Date: 11/15/2024
Permit Site Plan; Locus: 18 Bacon Street, Lexington, MA; Prepared for: Charles Hornig;
Prepared by: Williams & Sparages; Stamped and Signed by: Peter Blaisdell Jr., Civil PE
No. 41613; Date: 10/15/2024
Notice of Intent Application and Wetland Resource Area Analysis; Locus:18 Bacon
Street, Lexington, MA; Prepared for: Charles Hornig; Prepared by: LEC Environmental
Consultants, Inc.; Date: 10/29/2024
Supplemental Documentation Submitted:
Mitigative Drainage Analysis; Locus: 18 Bacon Street, Lexington, MA; Prepared for:
Charles Hornig; Prepared by: Williams & Sparages; Date: 10/11/2024; Last Revised:
12/18/2024
Memorandum: Subject: 18 Bacon Street NOI Comments 2; To: Karen Mullins; From:
Marissa Liggiero; Date: 1/6/2025
Previous Hearing Dates: 11/18/2024, 12/2/2024 (no testimony), 12/16/2024, 1/6/2025 (no
testimony)
Mr. Richard Kirby, LEC Environmental, presented and stated that the proposal includes an
accessory dwelling unit within the buffer zone to bordering vegetated wetlands. Mr. Kirby stated
that the project is also under review by the Board of Health. Ms. Mullins stated that Engineering
noted no further comments will be provided by the Engineering Department. Mr. Kirby stated
that a full foundation is proposed for the dwelling and the garage is proposed to have a slab
foundation. Minimal grading is included in the proposal.
Mr. Hamilton stated that the Commission would like to separate the mitigation for the
unauthorized clearing from the current Notice of Intent and from the future Notice of Intent
meadow management plan. Mr. Hamilton asked for a remediation plan to be submitted. Mr.
Kirby stated that the applicant will return for the 2/3/2025 meeting to address the areas of repair
and remediation.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to issue the enforcement order.
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
Ms. Lisa Newton, 15 Ledgelawn Ave, thanked the Commission for clearing up the confusion
regarding procedures.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 4 Trotting Horse Drive
OpenGov Permit# CNOI-24-30, DEP #201-1339
Applicant: Arthur Chang
Property Owner: Chang TRS Ping-I & Shu-fen Chang Family Trust
Project: Construct two additions and modify the driveway along with associated site
appurtenances within the 100-foot Bordering Vegetated Wetlands buffer zone
Documentation Submitted:
WPA Form 3: Notice of Intent Application; Locus: 4 Trotting Horse Drive, Lexington,
MA; Prepared for: Arthur Chang; Prepared by: Montgomery Nsamba; Date: 10/27/2024
Notice of Intent; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared for: Arthur
Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024
Stormwater Management Report; Locus: 4 Trotting Horse Drive, Lexington, MA;
Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date: 10/29/2024
Pre and Post Development Drainage Maps; Locus: 4 Trotting Horse Drive, Lexington,
MA; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Date:
10/29/2024
Supplemental Documentation Submitted:
Project Narrative Addendum; Locus: 4 Trotting Horse Drive, Lexington, MA; Prepared
for: Arthur Chang; Prepared by: Hughes Environmental Consulting; Date: 12/30/2024
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; Last Revised: 1/10/2025
Letter; Subject: Re: Stormwater Management Plan for 4 Trotting Horse Drive; To: Town
of Lexington; From: Stamski and McNary, Inc.; Date: 1/10/2025
Previous Hearing Dates: 11/18/2024, 12/2/2024 (no testimony), 12/16/2024 (no testimony),
1/6/2025 (no testimony)
Mr. Montgomery Nsamba, Stamski and McNary, Inc, presented and stated that a revised
narrative and revised plans have been submitted including mitigation. The proposed mitigation
includes the removal of the shed in the buffer zone and invasive species management. Mr.
Beuttell asked when the shed was added to the property and if removal of the shed can be
counted for mitigation as there is no record of when this was built and if it was permitted. Mr.
Beuttell stated that further detail regarding the invasive species mitigation needs to be submitted.
Mr. Nsamba stated that a full count of invasive species to be removed would be difficult and
proposed marking an estimated area of invasive species removal on the plan. Mr. Beuttell stated
that further details are necessary to be added into the plans for mitigation such as what invasive
plants will be removed and what supplemental plantings are proposed.
Mr. Whelan asked where the proposed regrading is in relation to the 50-foot buffer zone. Mr.
Nsamba stated that there is grading outside of the 50-foot buffer zone and minor grading within
the 50-foot buffer zone. Ms. Mullins stated that the waiver request was discussed at the previous
meeting and clarified that Commissioners are requesting further mitigation.
On a motion by Mr. Beuttell and seconded by Mr. Bitsko, the Commission voted 7-0 by roll call
vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Abbreviated Notice of Resource Area Delineation: 75 Westview St
OpenGov Permit# CORD-24-4, DEP #201-1345
Applicant/Property Owner: Julian Lewis
Project: Confirmation of the boundaries of the Bordering Vegetated Wetlands (BVW).
Documentation Submitted:
WPA Form 4A: Abbreviated Notice of Resource Area Delineation; Locus: 75 Westview
St, Lexington, MA; Prepared for: Julian Lewis; Prepared by: Robert Marini, NativeTec;
Date: 11/26/2024
Plot Plan; Locus: 75 Westview St, Lexington, MA; Prepared by: Scott Cerrato; Stamped
and Signed by: Scott Cerrato, PLS No. 50049; Date: 11/25/2024
Previous Hearing Dates: 12/16/2024, 1/6/2025 (no testimony)
Mr. Maxwell Shortsleeve, Eagle Brook Capital, presented and stated that a revised delineation
plan has been submitted that connects the previously named wetland pocket with the nearby
BVW and provides the transect on site. Ms. Mullins stated that the flags were not updated prior
to the last site visit that she conducted prior to the snow coverage. Mr. Beuttell stated that the
Commission or staff member will need to review the new flags prior to closing the hearing.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call
vote to continue the hearing to the 2/3/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Beuttell and seconded by Mr. Hnatko, 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
8:20pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 2/3/2025
Archived: 2/6/2025