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Home My WebLink About2025-03-10-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Monday, March 10th, 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, Alexandra Dohan, Philip Hamilton (Chair), Ruth Ladd (Vice-Chair), Thomas Whelan; Not present: Duke Bitsko and Jason Hnatko Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Discuss Conservation Commission Meeting conflicts with Town Meeting on 3/24, 4/7, and 4/28 Ms. Mullins stated that the Town Clerk has asked the Commission to consider whether or not they would continue to meet on Monday nights for upcoming meetings that conflict with Town Meeting. Mr. Hamilton asked if the Commission would be available to meet on the Tuesday rather than the Monday for the upcoming meeting nights. Mr. Hamilton asked if the Commission would consider switching their meetings to Tuesdays to avoid conflict with Town Meeting. The Commission would be available to switch to Tuesdays for the meetings on 3/24, 4/7, and 4/28. Approve Minutes: 2/10/2025 Joint Meeting On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the 2/10/2025 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 33 Freemont Street, DEP #201-1257, OpenGov COC-24- 10, CNOI-22-8 Ms. Karen Mullins, Conservation Director, stated the site is in compliance. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 0 Valley Road, DEP #201-1342, OpenGov CNOI-24-35 Mr. Hamilton asked if the plan can be altered to require a deeper ditch to increase the retention of runoff from the court. Ms. Mullins stated the hearing was closed approving the plans on record and the Commission would need to condition the request. Mr. Beuttell stated support for revisiting the performance standards and to not issue the Order of Conditions to allow for further discussion. Mr. Whelan also stated support for additional conditions and further discussion of the performance standards. Ms. Dohan motioned to approve the waiver request and issue the order of conditions. The motion was not seconded. Ms. Dohan rescinded her motion to approve the waiver request and issue the order of conditions. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to issue the order of conditions under the state regulations Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to deny the waiver request and deny the order of conditions under the local bylaw. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – No Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 3/24/2025 Meeting The site visits will be scheduled for Saturday 3/15/2025 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 provided an update on the Community Preservation Committee regarding CPA fund concerns. He stated the affordable housing care trust that has been recently established has a substantial request for CPA funding. Mr. Beuttell stated that there were not enough funds to distribute to all applicants, which has historically been an uncommon occurrence. 7:00 PM New Public Meetings/Hearings Notice of Intent: Hanscom Field Airport, Submitted as 5 Hartwell Place, Lexington OpenGov Permit# CNOI-25-4 Applicant/Property Owner: Massachusetts Port Authority Project: Airport-wide 5-year vegetation management plan within the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Vegetated Wetland and Bordering Land Subject to Flooding. Documentation Submitted:  WPA Form 3 – Notice of Intent: Locus: 200 Hanscom Drive, Lexington, MA; Prepared for: Massachusetts Port Authority; Prepared by: Nick Louis, Stantec Consulting; Date: 1/31/2025;  Notice of Intent; Locus: 200 Hanscom Drive, Lexington, MA; Prepared for: The Massachusetts Port Authority & L.G.; Prepared by: Stantec Consulting Services; Date: February 2025;  Vegetation Management; Locus: L.G. Hanscom Field; Prepared for: Massachusetts Port Authority; Prepared by: Stantec Consulting; Signed and Stamped by: John P. Henry, Civil PE No. 47481; Date: 2/10/2025;  L.G. Hanscom Field 2024-2029 Vegetation Management Plan Update; Prepared for: The Massachusetts Port Authority (Massport) and L.G. Hanscom Field; Prepared by: Stantec Consulting Services, Inc. Ms. Sarah Dennechuk, Massachusetts Port Authority; Nick Louis, StanTec; and Greg Cohen, StanTec were all present for the hearing. Mr. Greg Cohen, StanTec, presented and stated that the proposal includes the removal of trees encroaching on or nearby a runway onsite. Mr. Cohen stated that no equipment is expected to be used within the wetlands and there is one tree that may cause difficulty in removal without equipment. Ms. Dohan stated that she does not support equipment being utilized in the wetlands. Mr. Beuttell stated it is feasible to complete the vegetation management proposed without the use of equipment in the wetlands. Mr. Hamilton stated that a condition will be included in the Order of Conditions to not allow equipment to be used within the wetlands. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – 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 Bordering Vegetated Wetlands buffer zone Supplemental Documentation Submitted:  None Previous Hearing Dates: 10/21/24, 11/4/2024 (no testimony), 11/18/2024, 12/2/2024 (no testimony), 12/16/2024 (no testimony), 1/21/25 (no testimony), 2/3/2025 (no testimony), 2/24/2025 (no testimony) *Applicant has requested a continuance without testimony to 3/25/2025 Mr. Hamilton stated that the next hearing will now be Tuesday March 25th due to Town Meeting conflicts. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to continue the hearing to the 3/25/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 217, 229, 233, & 241 Massachusetts Avenue and 0 Cliffe Avenue OpenGov Permit# CNOI-24-32, DEP #201-1338 Applicant: Ron Lopez, North Shore Construction & Development Inc Property Owners: John and Patricia Garrity (13-375); Featherview LLC (13-374, 13-373), Caron Family Revocable Trust (13-372) Project: Amended to include mitigation and restoration activities on a nearby property owned by the Town of Arlington associated with the development activities on the Mass Ave referenced properties, filed by Ronald Lopez, North Shore Construction & Development Inc., for the demolition of existing structures and construction of a multi-family residential and commercial structure and associated site appurtenances and resource area mitigation and restoration activities within the 200-foot Riverfront Area and 100-foot Buffer Zone. Supplemental Documentation Submitted:  None Previous Hearing Dates: 11/18/2024, 12/16/2024 (no testimony), 2/3/2025, 2/24/2025 (no testimony) *Applicant has requested a continuance without testimony to 4/7/2025 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to the 4/8/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – 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. Supplemental Documentation Submitted:  Wetland Permitting Plan; Prepared for: Arthur Chang; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by: George Dimakarakos, Civil PE No. 41281; Date: 10/29/2024; Last Revised: 3/3/2025  Memorandum: To: Town of Lexington Conservation Commission; From: Stamski and McNary, Inc.; Subject: Wetland Permitting Plan; Date: 3/3/2025  Memorandum: To: Town of Lexington Conservation Commission; From: Stamski and McNary, Inc.; Subject: Wetland Permitting Plan, MassDEP# 201-1339; Date: 3/3/2025 Previous Hearing Dates: 11/18/2024, 12/2/2024 (no testimony), 12/16/2024 (no testimony), 1/6/2025 (no testimony), 1/21/2025, 2/3/2025 (no testimony), 2/24/2025 (no testimony) Mr. Robert Melvin, Stamski and McNary, presented and stated that a revision letter and waiver request has been submitted since the previous hearing. Mr. Melvin stated that the proposal includes removal of the shed which is to be replanted as a mitigation area. Mr. Beuttell asked for a condition to be included to adequately stabilize the area. Ms. Mullins asked where the pollinator garden is proposed and if pollinator plants are being proposed. Mr. Melvin stated that there are no pollinator plants proposed. Mr. Tom Hughes, Wetland Scientist, stated the invasive removal area could be changed to address the Commission’s concerns. Ms. Ladd suggested removing the entirety of specific invasive species rather than only a strip of different species. Mr. Hughes stated it is more effective if they were able to remove invasive plants all along the 25-foot buffer and that there are preferred native species in the area as well. Mr. Beuttell stated that the removal of the shed is most important for the mitigation and the small patch of invasive species removal would be reasonable. Mr. Hamilton stated that the requested waiver of the performance standards qualifies for the waiver regulations and that he is in favor of granting the waiver. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Abbreviated Notice of Resource Area Delineation: 75 Westview Street OpenGov Permit# CORD-24-4, DEP #201-1345 Applicant/Property Owner: Julian Lewis Project: Confirmation of the boundaries of the Bordering Vegetated Wetlands (BVW). Supplemental Documentation Submitted:  None Previous Hearing Dates: 12/16/2024, 1/6/2025 (no testimony), 1/21/2025, 2/3/2025 (no testimony), 2/24/2025 (no testimony) Ms. Mullins stated that the wetland line was reviewed by herself and Commissioner Ladd on 3/7/2025. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 232 Lincoln Street OpenGov Permit# CNOI-25-1, DEP #201-1349 Applicant/Property Owner: Seaver Construction/Charles Arbeene Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within the 100-foot Bordering Vegetated Wetlands Buffer Zone. Supplemental Documentation Submitted:  None Previous Hearing Dates: 2/3/2025, 2/24/2025 The applicant has requested a continuance to the 3/25/2025 meeting. On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to continue the hearing to the 3/25/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Determination of Applicability: 3, 4, and 5 Militia Drive OpenGov Permit# CDOA-25-4 Applicant/Property Owner: 3-5 Militia Redevelopment MM LLC Project: Drain connections into the municipal separate storm sewer system from the new mixed use commercial and multi-family residential development and associated new on-site stormwater management systems. Supplemental Documentation Submitted:  Supplemental Data Report: Proposed Mixed-Use Development; Locus: 3-5 Militia Drive, Lexington, MA; Prepared by: Howard Stein Hudson; Signed and stamped by: Katie L. Enright; Date: September 2024; Last Revised: March 2025;  Site Plan for Proposed Mixed-Use Development; Locus: 3-5 Militia Drive, Lexington, MA; Prepared for: SGL Development; Prepared by: Howard Stein Hudson; Date: 9/23/2024; Last Revised: 2/28/2025;  Proposed Mixed-Use Development 3, 4, & 5 Militia Drive – Lexington, MA 02420; To: Town of Lexington Planning Board; From: Kirsten LaBrie, EIT, and Katie Enright, PE; Date: 12/16/2024;  Memorandum; To: Abby McCabe, Planning Director; From: McKenzie Engineering Group, Inc.; Subject: Engineering Peer Review, Proposed Mixed-Use Development 3, 4, & 5 Militia Drive, Lexington, MA; Date: 10/30/2024  Memorandum; To: Abby McCabe, Planning Director; From: McKenzie Engineering Group, Inc.; Subject: Engineering Peer Review, Proposed Mixed-Use Development 3, 4, & 5 Militia Drive, Lexington, MA; Date: 1/9/2025  Memorandum; To: Abby McCabe, Planning Director; From: McKenzie Engineering Group, Inc.; Subject: Engineering Peer Review, Proposed Mixed-Use Development 3, 4, & 5 Militia Drive, Lexington, MA; Date: 2/25/2025 Previous Hearing Date: 2/24/2025 Ms. Katie Enright, Howard Stein Hudson, presented and stated that the plan has been modified to ensure none of the best management practices are within the Militia Drive right of way. Ms. Enright stated that an area drain is proposed at the low point. Ms. Sumitra Sujanani, 29 Ledgelawn Ave, asked why snow is proposed to be removed from the site and that the snow should remain onsite for the benefit of the wetlands. Ms. Sujanani asked if an environmental impact survey has been conducted. Ms. Sujanani asked for the Commission’s view on the environmental decisions made by the developers such as forms of snow removal. Mr. Hamilton stated that the Commission only has jurisdiction over the drain connection on site because the property is not under wetlands jurisdiction. Ms. Enright stated that the proposal includes more stormwater being directed back into the wetlands than the stormwater standards require. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 16 Peachtree Road OpenGov Permit# CNOI-25-2 Applicant/Property Owner: Judith and David Chait Project: Construction of an addition, deck and patio and associated site appurtenances within the 100-foot buffer zone to Isolated Vegetated Wetland. Supplemental Documentation Submitted:  Cover Letter, Revised Plans; Prepared by: LEC Environmental; Date: 3/10/2025 Previous Hearing Date: 2/24/2025 Ms. Nicole Ferrara, LEC, presented and stated that the Commission had contacted LEC with concerns for the location of the IVW boundary and LEC has since excavated with an auger to further support the delineation on property. Mr. Mike Novak, Patriot Engineering, was also present. Ms. Ladd stated the area outside of the delineation is lower in elevation than what is flagged and wonders if the location has hydric soils. Ms. Ferrara stated the area in question appears to have any water running off north and the area is lower in elevation. Ms. Mullins stated that a positive engineering review was presented in the previous hearing. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 1265 Massachusetts Ave OpenGov Permit# CNOI-25-3, DEP #201-1350 Applicant/Property Owner: Marta Church Project: Demolition of an existing greenhouse, construction of a new greenhouse and associated site appurtenances within the 200-foot Riverfront Area and the 100-foot buffer zone to Bank associated with a perennial stream. Supplemental Documentation Submitted:  None Previous Hearing Date: 2/24/2025 *Applicant has requested a continuance without testimony to 3/25/2025 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to continue the hearing to the 3/25/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 8:10pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 4/8/2025 Archived: 4/10/2025