Loading...
HomeMy WebLinkAbout2025-05-13-ConCom-min Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, May 13th, 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), Jason Hnatko, Ruth Ladd (Vice-Chair), Thomas Whelan; Not Present: Duke Bitsko Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Request for Certificate of Compliance: 55 Bridge St, DEP #201-1144, BL 1101 OpenGov COC- 21-31 Ms. Mullins stated that this request regards an older Order of Conditions and a partial Certificate of Compliance was previously issued. LEC has submitted an updated letter that the site is now in compliance and the 25-foot buffer zone restoration has been established. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 114 Lowell St, DEP #201-1278, OpenGov CNOI-22-29, COC-25-4 Ms. Mullins stated that only one inspection port was installed in the system and that the Commission has approved this deviation for other projects previously. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Enforcement Resolution: 1265 Mass Ave Mr. Hamilton stated that a formal enforcement order has not yet been issued for the violations onsite. Mr. Richard Kirby, LEC Environmental, presented an update on the enforcement order at 1265 Mass Ave. Mr. Kirby stated that he has met onsite with the contractor to review where fill must be removed and materials for the restoration, such as seed mixes and plantings, have been ordered and delivered. Mr. Kirby also stated that most items required for enforcement restoration have been completed and the remaining items will be completed by the end of June 2025. Ms. Mullins asked for clarification on the steps involved on the back end of the property. Mr. Kirby stated that the erosion control measures will first be installed and then fill will be removed and have the surveyor reestablish the line of the historic edge of disturbance. Mr. Hamilton stated that the building permit for the greenhouse will be on hold by Conservation until the enforcement resolutions are completed. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to issue the enforcement order Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 1265 Massachusetts Ave, DEP #201-1350, OpenGov CNOI- 25-3 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to issue the order of conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 5/27/2025 Meeting The site visits will be scheduled for Tuesday 5/20/2025 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 Mr. Hamilton stated that six hearings scheduled for this meeting have requested continuances to later dates. The Commission voted on the continuances prior to opening the public hearings. Request for Determination of Applicability: 4 Percy Road OpenGov Permit# CDOA-25-12 Applicant/Property Owner: 4 Percy Road LLC Project: Construction of a single-family house and associated site appurtenances, portions of which fall within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 4 Percy Road, Lexington, MA; Prepared for: 4 Percy Road LLC; Prepared by: Fernando Dalfior; Date: 4/10/2025  Stormwater/Erosion Site Plan; Locus: 4 Percy Road, Lexington, MA; Prepared for: Dalfior Development; Prepared by: Patriot Engineering; Date: 12/24/2024  Project Description On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 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 Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 12 Valley Road OpenGov Permit# CNOI-25-12, DEP #201-XXXX Applicant/Property Owner: Renan Barreto Project: Raze and rebuild of a single-family home and associated site appurtenances within the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: 12 Valley Road, Lexington, MA; Prepared for: Renan Barreto; Prepared by: D Michael Ball, Marsh Matters Environmental; Date: 4/22/2025  Stormwater Management Report; Locus: 12 Valley Road, Lexington, MA; Prepared for: Renan Barreto; Prepared by: Amoskeag Engineering Consultants, PLLC; Date: 4/8/2025; Revised: 4/22/2025  Plans; Proposed Site Plan, Proposed Construction Details; Locus: 12 Valley Road, Lexington, MA; Prepared for: Renan Barreto; Prepared by: AEC, PLLC; Date: 4/8/2025; Last Revised: 5/6/2025  Topographic Plan; Locus: 12 Valley Road, Lexington, MA; Prepared by: Framingham Survey Consultants Inc.; Date: 3/6/2025  Site Plans; Locus: 12 Valley Road, Lexington, MA; Prepared for: Renan Barreto; Prepared by: Podium Development LLC; Last Revised: 5/1/2025  Engineer’s Memorandum; To: Conservation Commission; From: Podium Development LLC; Subject: Structural Assessment and Justification for Demolition – 12 Valley Road; Date: 4/22/2025  Photograph Log; Locus: 12 Valley Road, Lexington, MA; Prepared for: Podium; Prepared by: MMEnvironmental; Date: 3/3/2025 On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to continue the hearing to the 5/27/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – 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 and 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 Dates:4/8/2025 (no testimony), 4/29/2025 (no testimony) Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 5/27/2025 On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 6-0 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 Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 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 Dates: 4/8/2025, 4/29/2025 Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 6/10/2025 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to continue the hearing to the 6/10/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 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. Previous Hearing Date: 4/29/2025 Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 6/10/2025 On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to continue the hearing to the 6/10/2025 meeting, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – 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. Previous Hearing Date: 4/29/2025 Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 5/27/2025 On a motion by Mr. Whelan and seconded by Ms. Ladd, the Commission voted 6-0 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 Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Ms. Mullins reported that the Conservation Department will soon be fully staffed as the department has hired employees for all open positions. Walt Emann has been hired for the Summer Crew Supervisor position and Erica Herrera has been hired for the Assistant Conservation Director position. There are two positions for summer crew members, one position is officially filled and a candidate is in consideration for the remaining crew member position. 7:00 PM New Public Meetings/Hearings 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 Condominiums; Date: 4/8/2025  Engineering Comments; Date: 4/28/2025 Mr. Kevin Riopelle, DGT Associates, presented and stated that freezing and icing conditions are occurring onsite as it was in the past at Cluster 11 onsite which is creating hazardous conditions to residents. Mr. Riopelle stated that the proposal includes connecting runoff into the drainage system onsite through piping. Ms. Mullins stated that in a previous site visit the Commission discussed the possibility of not permitting mowing the lawn in the area on the steep slope onsite as this is causing erosion into the wetlands. Ms. Dohan suggested permitting mowing 5 feet from the edge of the pavement and allowing the remaining area to grow. Mr. Riopelle stated he will inform the owner of this request. On a motion by Mr. Beuttell and seconded by Mr. Hnatko 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 – Recused Jason Hnatko – 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 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. 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), 4/29/2025 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: 5/5/2025  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: 5/5/2025  Mixed-Use/Residential New Construction; Locus: 217-241 Massachusetts Avenue, Lexington, MA; Prepared for: North Shore Residential Development; Prepared by: J. Thoma Land Design Studios and Scott Melching Architect LLC; Date: 4/14/2025; Revised: 5/5/2025  Response letter to April 23, 2025 Peer Review & Planning/Conservation Updates; To: Abby McCabe, Planning Director; From: Jack Sullivan, PE; Date: 5/5/2025  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: 5/5/2025 Mr. Jack Sullivan, Sullivan Engineering Group presented, Mr. Scott Melching, Project Architect, and Ms. Maureen Herald, Norse Environmental, were also present. The Planning Board approved the project on May 7th, 2025. Mr. Sullivan stated that the offsite plan mitigation plan has been revised to change pressure treated posts to FENO markers instead and larger boulders are now proposed at the end of Brandon Street as requested by abutters. A satisfactory peer review letter has now been received for the proposed project. Mr. Sullivan stated they have researched if there is any archeological significance to the offsite lot, as requested by a concerned abutter, and found that there is no archeological significance to this site. On a motion by Ms. Ladd and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – 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). Previous Hearing Date: 4/29/2025 Supplemental Documentation Submitted:  Engineering Comments; Date: 5/12/2025 Mr. Rich Kirby, LEC Environmental, presented and Mr. Michael Novak, Patriots Engineering, and Martha Sevigny, applicant’s representative were also present. Mr. Kirby presented and stated that the proposed plans have been updated to no longer require the request for a waiver. Mr. Kirby stated that the flood elevation level has been revised from 173 to 174 based on the preliminary FEMA flood maps to be released this July. The stormwater infiltration system was previously proposed in the rear yard with a retaining wall and is now proposed in the front yard. Mr. Kirby stated that no flood water will be displaced as there is no filling proposed within the flood plain. Mr. Novak stated that an updated engineering report has been provided since the previous hearing. Mr. Hamilton stated that this is the first project the Commission has received with the new flood plain maps involved. On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – 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), 3/25/2025 (no testimony), 4/8/2025, 4/29/2025 Supplemental Documentation Submitted:  Engineering Comments; Date: 5/12/2025 Ms. Mary Trudeau, Wetlands Consultant, was unable to be present for this hearing due to conflict with another town meeting. Ms. Mullins stated that the hearing was continued in order to receive an engineering report. Satisfactory engineering comments have been provided. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:30pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 6/24/2025 Archived: 7/9/2025