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Home My WebLink About2025-03-25-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, March 25th, 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 Widnall Donation Agreements and Trail Easement Ms. Mullins stated that Mr. Charlie Wyman will be presenting this and this will be postponed for him to present. 1367 Mass Ave, Request for Extension to the 3/30/2025 deadline for fill removal Ms. Mullins stated that a contractor has been engaged by the homeowner and that an extension of 20 days is requested to complete the removal of fill onsite. The deadline will be extended to April 20th, 2025. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to approve the request to extend the deadline for fill removal to 4/20/2025. 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: 2/24/2025 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the 2/24/2025 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 Vote to Issue Order of Conditions: Hanscom Field Airport, Submitted as 5 Hartwell Place, OpenGov CNOI-25-4 Mr. Hamilton stated that a condition should be included requiring the applicant to first notify the Conservation Department if vehicles need to be used in the wetlands for the approved vegetation management. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 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 Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 4 Trotting Horse Drive, DEP #201-1339 OpenGov CNOI-24- 30 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 7-0 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 Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 16 Peachtree Road, OpenGov CNOI-25-2 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the order of conditions without verifying the wetlands line. 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 Resource Area Delineation: 75 Westview St, DEP #201-1345, OpenGov CNOI-25-2 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 resource area delineation. 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: 4/8/2025 Meeting The site visits will be scheduled for Tuesday 4/1/2025 starting at 5:30pm. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee The Commission agreed to permanently move all regularly scheduled meetings from Monday evenings to Tuesday evenings and will continue to hold meetings remotely via zoom. Scout Damian Frohman presentation for Cataldo Reservation sign replacement Scout Damian Frohman was not present. Ms. Mullins stated the project can be presented to the Commission after completion. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 100 Blossomcrest Road OpenGov Permit# CDOA-25-3 Applicant/Property Owner: Hui Chen Project: Confirmation of the wetland resource area delineation greater than 100 feet from the 2- story dwelling construction project work limits. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 100 Blossomcrest Road, Lexington, MA; Prepared for: Hui Chen; Date: 2/4/2025  Existing Conditions; Locus: 100 Blossomcrest Road, Lexington, MA; Prepared for: Hui Chen & Ling Wang; Prepared by: RealMapInfo LLC; Stamped and Signed by: Todd Chapin, PLS No. 37558; Date: 1/22/2025  Request for Determination of Applicability (RDA) – Supplemental Submittal; To: Lexington Conservation Commission; From: Goddard Consulting; Date: 2/11/2025  Project Description; Not Dated Mr. Andrew Thibault, Goddard Consulting, presented and stated that the application is to confirm there is no wetlands jurisdiction onsite. Mr. Thibault stated that the town’s MapGIS shows wetlands onsite which was discovered to not be onsite through the delineation. There is a wetlands buffer zone from a wetland across the street. Ms. Ladd stated that pipe onsite is not built to detain water. Mr. Hamilton stated that the homeowner should not be filling the detention basin. Ms. Mullins stated a condition should be included for protection of the inlet pipe onsite. On a motion by Ms. Ladd 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: 4 Viles Road OpenGov Permit# CDOA-25-6 Applicant/Property Owner: David Fine Project: Drain connection into the municipal separate storm sewer system from a new onsite stormwater management system. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 4 Viles Road, Lexington, MA; Prepared for: David Fine; Prepared by: Frederick Russell; Date: 3/5/2025  Site Plan; Locus: 4 Viles Road, Lexington, MA; Prepared for: David Fine; Prepared by: Frederick Russell; Signed and Stamped by: Frederick W. Russell Jr., Civil PE No. 36713; Date: 1/15/2025; Revised: 3/12/2025  Stormwater Analysis; Locus: 4 Viles Road, Lexington, MA; Prepared for: David Fine; Signed and Stamped by: Frederick W. Russell Jr., Civil PE No. 36713; Date: 2/17/2025  Representative Site Photos; Not Dated  Memorandum; To: Karen Mullins, Conservation; From: Omar Gomez, Engineering; Subject: 4 Viles Road RDA Comments; Date: 3/11/2025  Stormwater Operation & Maintenance Plan; Locus: 4 Viles Road, Lexington, MA; Prepared for: David Fine; Not Dated Mr. Fred Russell, project engineer, presented and stated that there is a high water table in the area which is currently addressed by two sump pumps onsite and but there are flooding issues from more water on the property. Mr. Russell stated that due to the flooding issues, the applicant is requesting emergency overflow connection to the existing town drain system. A positive engineering letter was received. On a motion by Mr. Beuttell and seconded by Mr. Bitsko, 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: 0 Watertown Street OpenGov Permit# CDOA-25-7 Applicant/Property Owner: Greenways Corridor Committee Project: Construction of a new trail and boardwalk associated with the development of a new ACROSS Lexington route, located within the 100-foot Buffer Zone to Bordering Vegetated Wetlands, located on recreation property known as Bowman Park. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 0 Watertown Street, Lexington, MA; Prepared for: Greenways Corridor Committee; Prepared by: Stephen Perkins; Date: 2/27/2025  Proposed New Boardwalk in Bowman Park: Narrative Description for WPA 1 RDA; Date: 3/1/2025 Mr. Stephen Perkins, Greenways Corridor Committee (GCC) Member, was present and Mr. Mike Tabaczynski, GCC Member, was also present. Mr. Perkins stated that the existing trails onsite are too close to wetlands and the rerouted trails that are proposed would shift the trails further from the wetlands. The existing trail in close proximity to the wetlands is proposed to be closed off from usage. Ms. Mullins asked what the plan for implementation is and if they would want help from Eagle Scouts. Mr. Tabaczynski stated that Eagle Scouts can be put in contact with the GCC to help with this project. On a motion by Ms. Ladd and seconded by Mr. Whelan, 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 – Recused Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Determination of Applicability: 7 Captain Parker Arms OpenGov Permit# CDOA-25-8 Applicant/Property Owner: Nick Venuto Project: Installation of fencing to enclose dumpsters within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted:  None Ms. Mullins stated that the applicant has not appeared in the meeting and has not submitted a complete application. Ms. Mullins stated that an abutter has contacted town staff with concern for debris from the dumpsters onsite which has been overflowing into the wetlands. She recommends enforcement action by the Commission. The Health Department is also working with the property management office regarding this issue. Ms. Ladd stated enforcement action is necessary and that anticoagulant rodenticide traps cannot be placed within 100 feet of the wetland. Mr. Whelan stated removal of the existing fence and the debris within the wetlands should be enforced along with the installation of a stockade fence. Mr. Hnatko suggested an immediate removal of the dumpsters from the current location until the stockade fence has been installed. Ms. Ladd stated that the stockade fence should be wrapped around on the right-hand side to help prevent snow from being placed in the wetland. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to issue an 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 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 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), 3/10/2025 (no testimony) *Applicant has requested a continuance without testimony to 4/8/2025 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 4/8/2025 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 Request for Determination of Applicability: 7 Hartwell Ave OpenGov Permit# CDOA-25-2 Applicant/Property Owner: Dinosaur Capital Partners, LLC Project: Overflow drain connection into the municipal separate storm sewer system from the new on-site stormwater management systems associated with the new multi-family residential development. Previous Hearing Date:2/3/2025 *Applicant has requested a continuance without testimony to 4/29/2025 On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to continue the hearing to the 4/29/2025 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: 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. Previous Hearing Dates: 2/3/2025, 2/24/2025, 3/10/2025 (no testimony) *Applicant has requested a continuance without testimony to 4/8/2025 On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 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 Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – 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. Previous Hearing Date: 2/24/2025, 3/10/2025 (no testimony) *Applicant has requested a continuance without testimony to 4/8/2025 On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 7-0 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 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. Beuttell, 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 7:45pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 4/29/2025 Archived: 5/6/2025