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Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Tuesday, April 29th, 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, Philip Hamilton (Chair), Ruth Ladd (Vice-Chair),
Thomas Whelan; Not present: Duke Bitsko, Alexandra Dohan, Jason Hnatko
Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant
6:30 PM New Business/Pending Matters
Extension to the Order of Conditions: 45 Fottler Ave, 201-1250, CNOI-21-46, 1-year request
(9-1-2025 to 2026) to conduct required native plant restoration monitoring for survivability for
compliance certificate
Mr. Igor Balk, 45 Fottler Ave, stated that the Order of Conditions is expiring in September this
year and an extension of one year is requested to complete the monitoring of the plantings.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to approve the 1-year extension to the Order of Conditions.
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 12 Vaille Ave, DEP #201-644, BL 601 OpenGov COC-
25-3
Ms. Mullins stated that the Order of Conditions is from the early 2000’s and predates the
requirements of restoration and Feno bounds.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Kevin Beuttell – 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
Ms. Holly Ganser, Activitas, was present. Ms. Mullins stated that the applicant has requested a
waiver from the stormwater management regulations. Ms. Ganser stated that the latest plans
proposed meet the stormwater management regulations and do not require a waiver.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to issue the order of conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Approve Minutes: 3/25/2025 and 4/8/2025
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call
vote to approve the 3/25/2025 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to approve the 4/8/2025 minutes.
Record of Vote as Follows:
Kevin Beuttell – 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 zo ne
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), 3/25/2025 (no testimony), 4/8/2025 (no
testimony)
Supplemental Documentation Submitted:
⎯ None
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/27/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 25 Valley Road
OpenGov Permit# CNOI-25-6, DEP #201-1354
Applicant/Property Owner: Wei Zhao
Project: Expansion of existing driveway a nd installation of a stormwater infiltration system and
associated site appurtenances within the 200-foot Riverfront Area, associated with the
construction of an addition.
Previous Hearing Date:4/8/2025 (no testimony)
Supplemental Documentation Submitted:
⎯ None
*Applicant has requested a continuance without testimony to 5/13/2025
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management,
Land Steward Directors, Tree Committee
Mr. Whelan stated that a new trail was created on Cranberry Hill and someone posted their own
signage to deter unapproved activities.
7:00 PM New Public Meetings/Hearings
Notice of Intent: 47 Sanderson Road
OpenGov Permit# CNOI-25-8, DEP #201-1352
Applicant/Property Owner: Stacey Freda
Project: The Construction of a two-story addition and associated site appurtenances within the
100-foot buffer zone to Bordering Vegetated Wetlands.
Documentation Submitted:
⎯ WPA Form 3 – Notice of Intent; Locus: 47 Sanderson Rd, Lexington, MA; Prepared for:
Stacey Freda; Prepared by: Caitlin White, Hancock Associates; Date: 3/18/2025
⎯ NOI Site Plan; Locus: 47 Sanderson Rd, Lexington, MA; Prepared for: Stacey Freda;
Prepared by: Hancock Associates; Signed and Stamped by: Brian G. Geaudreau, Civil PE
No. 54495; Date: 3/17/2025; Last Revised: 3/31/2025
⎯ Stormwater Report; 47 Sanderson Rd, Lexington, MA; Prepared for: Stacey Freda;
Prepared by: Hancock Associates; Signed and Stamped by: Brian G. Geaudreau, Civil PE
No. 54495; Date: 3/17/2025; Last Revised: 3/31/2025
⎯ NOI Cover Letter; To: Lexington Conservation Commission; From: Caitlin White,
WPIT, Hancock Associates; Subject: 47 Sanderson Road, Lexington – Notice of Intent
(NOI); Date: 3/18/2025
⎯ Representative Site Photos; Locus: 47 Sanderson Rd, Lexington, MA; Prepared by:
Hancock Associates; Date: 12/17/2024
⎯ Memorandum; To: Karen Mullins; From: Meghana Shah; Subject: 47 Sanderson Road
NOI Comments; Date: 3/24/2025
⎯ Response to Engineering Comments; To: Lexington Conservation Commission; From:
Daniel J. Romero, Hancock Associates; Date: 4/1/2025
⎯ Engineering Comments 2; Date: 4/24/2025
Mr. David Cowell, Hancock Associates, presented and stated that the proposal includes a two-
story addition to the existing dwelling within the 100-foot Buffer Zone to Bordering Vegetated
Wetlands. The applicant intends on continuing the hearing to the May 13th meeting. Engineering
has submitted comments to the applicant stating t hat the driveway will need to be considered as
open space. Mr. Cowell stated that the site plan will be revised to address new found locations of
wetland bounds.
Ms. Ladd stated that the property line needs to be surveyed and marked to demarcate the
property bounds onsite due to encroachment into abutting conservation land . Ms. Mullins stated
that any property abutting Town Land must have the property line surveyed and marked. Aerials
were presented to show the encroachment onto Town Conservation land which the Commission
is requesting be returned to natural state.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s re quest.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 4 Turning Mill Road
OpenGov Permit# CNOI-25-10, DEP #201-1357
Applicant/Property Owner: Grant Lacouture
Project: Raze and rebuild of a garage within the 100-foot buffer zone to Bordering Vegetated
Wetlands.
Documentation Submitted:
⎯ WPA Form 3 – Notice of Intent; Locus: 4 Turning Mill Road, Lexington, MA; Prepared
for: Grant Lacouture; Prepared by: Daniel Carr, Stamski and McNary, Inc.; Date:
4/8/2025
⎯ Notice of Intent Packet; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for:
Grant Lacouture; Prepared by: Stamski and McNary, Inc.; Date: 4/8/2025
⎯ Wetland Permitting Plan; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for:
Grant Lacouture; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by:
Joseph March, Civil PE No. 40472, and PLS No. 36384; Date: 4/8/2025
Mr. Montgomery Nsamba presented the proposed site plans which have a revised wetland line
and stated that the plans still need to be stamped for the record. Mr. Nsamba stated that the
applicant anticipates continuing the hearing to the May 13th meeting to revise the submissions.
Mr. Whelan stated that the structure will be smaller but does not see the change in impervious
area reflected on the plans. Mr. Nsamba stated that the change in size is minimal. Mr. Whelan
asked for clarification if part of the foundation will be removed. Mr. Nsamba stated that a portion
of the foundation will be removed, resulting in a small decrease in impervious surface.
Mr. Hamilton stated that only two Commissioners were present for the site visit and the
Commission would like to return to the site with more Commissioners. Mr. Whelan stated that
they observed during the site visit multiple alterations within the wetlands and buffer zone area
which will need to be addressed for restoration. Mr. Grant Lacouture, owner of 4 Turning Mill
Road, stated that encroachment has occurred into the no disturb area and he has spoken with the
Conservation Director and Building Commissioner about required restoration.
No engineering report was provided. Mr. Hamilton stated that stormwater reports are required
for this application due to the proximity to the wetlands onsite.
On a motion by Mr. Whelan and seconded by Mr. Beuttell, the Commission voted 4-0 by roll
call vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 81 Reed Street
OpenGov Permit# CNOI-25-11, DEP #201-1356
Applicant/Property Owner: John Esserian, Homes Development Corp.
Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within
the 100-foot buffer zone from Bordering Vegetated Wetlands and from Bordering Land Subject
to Flooding (under Code only).
Documentation Submitted:
⎯ WPA Form 3 – Notice of Intent; Locus: 81 Reed Street, Lexington, MA; Prepared for:
John Esserian, Homes Development Corp.; Prepared by: Richard Kirby, LEC
Environmental Consultants, Inc.; Date: 4/6/2025
⎯ Notice of Intent Application and Wetland Resource Area Analysis; Locus: 81 Re ed
Street, Lexington, MA; Prepared for: John Esserian, Homes Development Corp.;
Prepared by: LEC Environmental Consultants, Inc.; Date: 4/8/2025
⎯ Stormwater Analysis and Calculations; Locus: 81 Reed Street, Lexington, MA; Prepared
by: Patriot Engineering; Signed and Stamped by: Michael J. Novak, Civil PE No. 50696;
Date: 4/1/2025
⎯ Letter; To: Lexington Town Office Building; From: The owners of 79 Reed Street, 84
Reed Street, and 86 Reed Street; Date: 3/27/2025
⎯ Buffer Zone Mitigation Planting Plan; Locus: 81 Reed Street, Lexington, MA; Prepared
by: LEC Environmental Consultants, Inc.; Date: 4/15/2025
⎯ Engineering Comments; Date: 4/25/2025
⎯ Site Plan for Notice of Intent; Locus: 81 Reed Street, Lexington, MA; Prepared for:
Homes Development Corp.; Prepared by: Patriot Engineering; Signed and Stamped by:
Michael J. Novak, Civil PE No. 50696; Date: 3/31/2025; Last Revised: 4/26/2025
Mr. Rich Kirby, LEC Environmental, presented and Mr. Michael Novak, Patriot Engineering,
was also present. Mr. Kirby stated that plans have been modified since the site visit to relocate
the proposed house to 6 feet further from the wetlands. With this change to the plans, a waiver
request is no longer needed. Mr. Kirby stated that the project engineer estimated the Zone A
elevation to occur at elevation 173. Mr. Kirby stated that the total amount of impervious within
the 50-foot buffer zone has decreased. He also presented the updated restoration planting plan.
Mr. Novak stated that the Board of Appeals has granted a special permit for th is project.
Mr. Beuttell asked how the location of the 173 contour was determined. Mr. Novak stated that
the surveyor has more contours and spot grades established onsite which will be added to the site
plan. Mr. Kirby stated the preliminary FEMA Map was used to determine the contour as well.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Continued Public Meetings/Hearings
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 b y
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.
Previous Hearing Dates: 11/18/2024, 12/16/2024 (no testimony), 2/3/2025, 2/24/2025 (no
testimony), 3/10/2025 (no testimony), 4/8/2025 (no testimony)
Supplemental Documentation Submitted:
⎯ Civil Set; Locus: 231 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore
Residential Development; Prepared by: Sullivan Engineering Group, LLC; Date:
8/12/2024; Last Revised: 4/14/2025
⎯ Stormwater Report; Locus: 217-241 Massachusetts Avenue, Lexington, MA; Prepared
for: North Shore Residential Development; Prepared by: Sullivan Engineering Group,
LLC; Date: 8/22/2024; Last Revised: 4/9/2025
⎯ Landscape Plan; Locus: 231 Massachusetts Avenue, Lexington, MA; Prepared for: North
Shore Residential Development; Prepared by: J. Thoma Land Design Studios; Date:
10/30/2024; Last Revised: 4/9/2025
⎯ Response to Peer Review Letter dated 2/21/2025; T o: Abby McCabe, Planning Director;
From: Jack Sullivan, PE; Date: 4/9/2025
⎯ Invasive Plant Management Strategy Memo; To: Lexington Conservation Commission;
From: Norse Environmental Services, Inc.; Date: 4/9/2025
⎯ Invasive Plant Management Area; Locus: Map 13 Lot 383, Brandon St, Lexington, MA;
Prepared by: Sullivan Engineering Group, LLC; Date: 1/2/2025; Last Revised: 4/9/2025
⎯ GCG Peer Review Response #5, 217-231 Mass Av: 4/23/2025
Mr. Scott Melching, Project Architect, presented, and Mr. Jack Sullivan, Su llivan Engineering
Group, and Mr. Ron Lopez, property owner, were also present. Mr. Melching presented an
overview of the project site and proposals for onsite and offsite mitigation proposals. Mr.
Melching stated that the exit stairwell was bumped out . Mr. Melching also stated that the fire
access area previously proposed by the retail area entrance has now been removed from the
proposal because the Fire Department is no longer requiring this. Eversource has reviewed and
approved the design and location of the transformer onsite.
Mr. Sullivan stated that all walkway surfaces onsite are proposed as permeable pavers. Mr.
Sullivan also presented the restoration area planting plan and stated that the plan includes
proposed pressure treated posts along the site line. Invasive species removal is also proposed and
additional modules have been added to the plan. Mr. Sullivan stated that the playground surface
proposed is wood chips.
Ms. Maureen Herald, Norse Environmental, stated that 2:1 mitigation is proposed on a lot at the
end of Brandon Street in Lexington that is owned by the Town of Arlington. The project team is
working with the Town of Arlington Conservation Director for the proposed mitigation on the
Arlington owned lot. The proposal includes a three-year management plan.
Mr. Beuttell stated concern for snow removal on Brand on Street and asked what the size of the
boulders at the end of Brandon Street will be. Mr. Sullivan stated the boulders would be roughly
2 feet tall and 3 feet diameter. Mr. Beuttell asked for Feno markers at critical points onsite such
as the corner property lines.
Mr. Hamilton asked if the project is close to receiving a positive report from the peer reviewer
and close to approval by the Planning Board. Mr. Sullivan stated that the Planning Board
anticipates closing their hearing soon and they anticipate a positive peer review report soon. Mr.
Mike Carter, GCG, stated the peer review comments now only include minor comments to be
addressed.
Ms. Karen Meyers, 14 Lisbeth Street, asked who will be handling the maintenance of the
restoration after the required three-year monitoring period. Mr. Sullivan stated that the developer
is responsible for both the site and the offsite restoration for three years and the Town of
Arlington would be responsible for the Brandon Street lot after the three year monitoring period
has ended.
Ms. Dawn McKenna, 9 Hancock Street , asked how many units are proposed to be accessible and
the number of bedrooms. Mr. Melching stated that there will be designated accessible units with
other units able to have additional measures added to become accessible. There will be a variety
of units including one-bedroom, two-bedroom, and three-bedroom units. Ms. McKenna stated
that at the Annual Town Meeting, the Recreation Department discussed that they will be creating
an accessible playground and replacing the surface and encouraged the project team to review
this as an example for the playground surface for this site. Ms. McKenna also asked if the project
team has reviewed Article 34 and if they would address the transition area, 10 -foot set back and
screening issued within Article 34. The site is exempt from Article 34. Mr. Melching responded
that the front set back is greater than 14 feet from the property line. He also stated that a
landscape buffer will be utilized for screening and there is a 20 -foot easement in the rear of the
property that addresses the residential buffer.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – 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.
Previous Hearing Dates: 2/3/2025, 2/24/2025, 3/10/2025 (no testimony), 3/25/2025 (no
testimony)
Supplemental Documentation Submitted:
⎯ Stormwater Analysis; Locus: 232 Lincoln Street, Lexington, MA; Signed and Stamped
by: Frederick W. Russell Jr. Civil PE No. 36713; Date: 1/6/2025; Revised: 3/27/2025
⎯ Site Plan; Locus: 232 Lincoln Street, Lexington, MA; Prepared for: Sea ver Construction;
Prepared by: Frederick W. Russell, PE; Signed and Stamped by: Frederick W. Russell Jr.
Civil PE No. 36713; Date: 1/6/2025; Last Revised: 3/26/2025
⎯ Memorandum: To: Scott Seaver, Seaver Construction; From: Arthur Allen, CPSS;
Subject: Hydric Soil Evaluations & Re-Delineation; Date: 3/24/2025
Ms. Mary Trudeau, Wetlands Consultant, presented and stated that additional stormwater
management information was submitted for review by the Engineering department. The
Engineering department had one comment for review regarding performing a mounding analysis
if the Commission was to find it necessary.
Ms. Mullins stated that the grading on the submitted plan appears different from the grading on
site. Ms. Trudeau stated that the plan is hard to read as well due to the small text and will ask the
surveyor to clarify the grading onsite and update the plan. Ms. Ladd asked for an update on the
dispute with the surveys of the site and neighboring site’s property lines. Ms. Trudeau stated that
one of the neighbors has had surveyors onsite again and she has not been provided the results of
this new survey.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – 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.
Previous Hearing Dates: 2/24/2025, 3/10/2025 (no testimony), 3/25/2025 (no testimony),
4/8/2025
Supplemental Documentation Submitted:
⎯ Violation Resolution; Revised: 4/24/2025
⎯ Mitigation Planting Plan; Revised: 4/24/2025
Mr. Rich Kirby, LEC, presented an update on the enforcement order for this site prior to
discussing the Notice of Intent application. Mr. Kirby stated that multiple zones on site have
unauthorized fill to be removed which was determined through various aerial views of the site
over the years and that the fill will be removed and the land will be restored. The plantings that
were required in the 2006 Order of Conditions will be installed again as part of the restoration
onsite. Mr. Kirby stated that signage and temporary demarcations will be installed along the
limits of the restoration area and the Munroe Brook. The restoration plantings will be irrigated
over the summer. Ms. Ladd asked that the proposed chain link fence de marking the restoration
area would continue past the gravel channel. Mr. Kirby stated that the path of demarcation will
be revised to include the restored drainage channel.
Mr. Kirby stated that modifications were made to the plan including a pervious paver parking
area, and the planting plan was also revised to include further details as requested in the previous
hearing by the Commission. Mr. Novak stated that approval from the Zoning Board of appeals
has been received.
The first stage of the restoration activities is scheduled to be completed within the next two
weeks with the second stage scheduled for completion by the end of June. The enforcement order
actions will be included in the Order of Conditions to ensure compliance.
Mr. Whelan stated abutters have expressed concern for debris coming offsite onto their
properties on the greenhouse side and asked for the applicant to address this to prevent further
debris blowing offsite. Mr. Kirby stated that screening will be provided as required by Zon ing
which should be adequate to prevent debris moving offsite.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call
vote to issue the enforcement order with the provided restoration schedule deadlines.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 1-108 Drummer Boy Way
OpenGov Permit# CNOI-25-9, DEP #201-1358
Applicant/Property Owner: Brian Calabro, First Realty Management
Project: Installation of a garage roof gutter and downspout collection system with a drain
connection into the existing separate storm sewer system on site within the 100 -foot buffer zone
to Bank and Bordering Vegetated Wetlands.
Documentation Submitted:
⎯ WPA Form 3 – Notice of Intent; Locus: Drummer Boy Way, Fifer Lane, Lexington, MA;
Prepared for: Brian Calabro, First Realty Management; Prepared by: Kevin Riopelle,
DGT Associates; Date: 4/8/2025
⎯ Cluster 11 Drainage Improvements; Locus: Drummer Boy Lane, Lexington, MA;
Prepared by: DGT Associates; Signed and Stamped by: Bert E. Corey, Civil PE No.
48423; Date: 4/8/2025
⎯ Memorandum; To: Lexington Conservation Commission; From: Kevin Riopelle, Project
Manager, DGT Associates; Subject: Cluster 11 at Drummer Boy Green Co ndominiums;
Date: 4/8/2025
⎯ Engineering Comments; Date: 4/28/2025
Due to a lack of quorum the Commission cannot open this hearing at this time. The applicant has
granted the Commission an extension to the May 13th meeting to open the hearing.
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
Supplemental Documentation Submitted:
⎯ Peer Review Comments 2
⎯ Draft Stormwater Pollution Prevention Plan
⎯ Long-term Pollution Prevention Plan and Stormwater Operation and Maintenance Plan;
Revised: 4/2/2025
⎯ Stormwater Report; Revised: 4/2/2025
⎯ Civil Plan Set; Date: 4/2/2025
Ms. Sarah Kwatinetz, Nitsch Engineering, presented and stated that the proposed drainage will
flow into the swamp. Ms. Kwatinetz stated that minimal site changes have occurred since the
previous hearing including an increase in impervious surface by 0.57 acres. Ms. Kwatinetz also
stated that the Planning Board has closed their hearing and the peer reviewer has provided
positive comments. Mr. Brian Geaudreau, peer reviewer from Hancock Associates, stated that all
comments have been addressed and they are satisfied with the proposal as revised.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to issue a negative determination with conditions
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 22 Banks Ave (Submitted as 0 Banks Ave)
OpenGov Permit# CDOA-25-9
Applicant/Property Owner: Homes Development Corp
Project: Construction of a single-family dwelling and associated site appurtenances, portions of
which fall within the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
Previous Hearing Date:4/8/2025
Supplemental Documentation Submitted:
⎯ Stormwater Analysis and Calculations; Date: 3/17/2025
⎯ Groundwater mounding calculations; 4/24/2025
⎯ Engineering Comments; Date: 4/28/2025
Mr. Michael Novak, Patriot Engineering, presented and stated that the wetland buffer zone lines
on the vacant lot have been established by a neighboring lot’s delineation of wetlands on their
site. The lot is sloping with a berm onsite as well. Mr. Novak stated that the plans have been
revised to include more locations of test pits. Comments have been submitted by Town
Engineering.
Ms. Ladd asked if Ms. Dohan’s previous comment about the driveway extending out to the storm
drain has been addressed. Mr. Novak stated that this is not anticipated as a problem onsite. Ms.
Martha Sevigny, project team member, stated that the applicant is willing to switch to a one car
driveway entrance ; however, he is looking for a better understanding of the reasoning of the
change.
Mr. Taner Kiral, 41 Baker Ave, stated his main concern is how the hill between 22 Banks and 24
Banks would impact neighboring property’s foundations. Mr. Novak stated that there is an
existing wall right along the property line in the area in question which will not be touched and
the team is working to minimize any impacts to the slope on this side of the house.
Mr. Haowei Hsieh, 20 Banks Ave, stated there is a lot of water in the area and has concerns for
the water table onsite, the water table rising due to the construction, and overall concern for the
machinery involved in the construction. Mr. Novak stated that the water table should not change
and that the proposed dwelling will be kept higher to prevent further excavation. Ms. Sevigny
stated that the developer will be the abutter’s neighbor for a year and plans to take every effort to
ensure all work is contained to the project site and will not impact the neighbor s.
Ms. Susan Adams, 33 Banks Avenue, stated that the building department has been helpful with
providing information on the excavation process and has reassured abutters concerns regarding
blasting. Ms. Adams stated that she has followed the National Heritage Endangered Species
Program’s guidelines to declare the remaining wetlands a vernal pool to ensure further protection
to the wetlands in the neighborhood. Ms. Adams asked if the filtration tank at the bottom of the
property would only collect the water from the roof. Mr. Novak stated that the system will
capture the roof runoff through the gutter system and the driveway runoff will be captured
through the trench drain system. Ms. Adams asked how the size of the tank is determined. Mr.
Novak stated that the size is calculated based on rainfall data calculations provided by the
Commission. Ms. Adams stated concern for water rising onsite due to the scenario that occurred
at 20 Banks Avenue due to construction onsite. Mr. Hamilton stated that the plans meet the
requirements for stormwater management calculations.
Ms. Catherine McCulloch, 49 Baker Avenue, asked if the Commission is responsible for
reviewing the direction of water. Mr. Hamilton stated that the Commission does review projects
to ensure water is not proposed to be redirected towards any neighbors. Ms. McCulloch stated
that the water would be flowing onsite towards the building and asked if the water is redirected
around the building if the containment system will still capture that water. Mr. Novak stated that
grading onsite will mimic the existing flow patterns.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call
vote to issue a negative determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 300 Shire Way
OpenGov Permit# CDOA-25-10
Applicant/Property Owner: Kevin Williamson, Takeda Pharmaceuticals
Project: Replacement of roadways and parking lots pavement on site, within the 100 -foot Buffer
Zone to Bordering Vegetated Wetlands.
Previous Hearing Date:4/8/2025
Supplemental Documentation Submitted:
⎯ Revised Site Plans; Locus: 300 Shire Way, Lexington, MA; Prepared for: Takeda;
Prepared by: SMMA; Date: 3/18/2025; Revised: 4/8/2025
Mr. John Hart, SMMA, presented and stated that the project consists of repaving five parking
lots and multiple roadways and that impervious coverage will be reduced. Mr. Hart stated that
raised crosswalks are proposed which include catch basins.
On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll
call vote to issue a negative determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 22 Constitution Road
OpenGov Permit# CDOA-25-11
Applicant/Property Owner: 22 Constitution Road LLC
Project: Confirmation of the Bordering Vegetated Wetlands boundary and the construction of an
addition and deck and asso ciated site appurtenances outside of the 100-foot Buffer Zone to
Bordering Vegetated Wetlands.
Previous Hearing Date:4/8/2025
Supplemental Documentation Submitted:
⎯ Erosion Control Plan; Locus: 22 Constitution Road, Lexington, MA; Prepared for:
Dalfior Development; Prepared by: Patriot Engineering; Date: 3/4/2025; Last Revised:
4/22/2025
Mr. Rich Kirby, LEC, presented and stated that in the previous site visits, the Commission has
asked to confirm whether or not there are hydric soils in the backyard. Mr. Kirby stated that he
returned to the site to do further test pits and observed a small lawn area in the backyard that
contains soils that qualify as wetland soil. The applicant will be withdrawing the RDA
application and will be submitting a Notice of I ntent instead.
Notice of Intent: 11 Kay Tiffany Way
OpenGov Permit# CNOI-25-7, DEP #201-1353
Applicant/Property Owner: Robert Jackson
Project: Construction of a retaining wall, patio, and associated landscaping within the 100 -foot
Buffer Zone to Bordering Vegetated Wetlands.
Previous Hearing Date:4/8/2025
Supplemental Documentation Submitted:
⎯ None
Mr. David Cowell, Hancock Associates, presented and stated that Krefta Landscaping submitted
a separate plan to the building department which has a differing wetland delineation than that of
Hancock Associates. Mr. Cowell stated that he has gone onsite to review the wetland line and did
not find evidence of wetlands closer to the dwelling. Mr. Cowell is working with the
homeowners to create a new plan that meets the Commission’s regulations.
Ms. Mullins stated that the conservative line would need to be flagged and reviewed by the
Commission in order to approve without the hiring of a peer review consultant. Mr. Cowell
stated that he will revise the site flags to reflect the conservative wetland line and the
Commission can revisit the site in their next set of site visits.
On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 416 Concord Ave
OpenGov Permit# CNOI-25-5, DEP #201-1355
Applicant/Property Owner: Xiangyang Huang
Project: Construction of an addition and associated site appurtenances within the 100 -foot Buffer
Zone to Bordering Vegetated Wetlands.
Previous Hearing Date:4/8/2025
Supplemental Documentation Submitted:
⎯ None
No representative was present for this hearing.
On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 4-0 by roll call
vote to continue the hearing to the 5/13/2025 meeting, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
New Business/Pending Matters, Continued.
Schedule site visits: 5/13/2025 Meeting
The site visits will be scheduled for Tuesday 5/6/2025 starting at 5:30pm.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 4-0 by roll call
vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
10:30pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 5/27/2025
Archived: 5/28/2025