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Home My WebLink About2025-05-27-ConCom-minPUBLIC MEETING MINUTES Lew5redia Conservation Commission AGENDA Tuesday, May 27�', 2025, 6:30 p.m. Meeting broadcasted by LexMedia 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 Request by Cambridge Water Department for Lexington Conservation Commission to consider being the grantee for their Tracer Lane Conservation Restriction Ms. Mullins stated that the Cambridge Water Department has acquired the Tracer Lane Parcel through Community Preservation Act funding which requires a Conservation Restriction (CR) be placed on the parcel. A city or town cannot hold a CR on its own property and Cambridge is requesting that the Commission agrees to be the grantee for the Tracer Lane CR. Ms. Mullins stated that David Chaplin is in charge of the Watershed Protection Parcel and he has offered to assist in the completion of the baseline documentation report. Ms. Ladd asked who does the current annual inspections for current CRs. Ms. Mullins stated that volunteers such as stewards have been helping with annual inspections and not all land that has a CR is able to be inspected yearly. Ms. Dohan stated she supports this CR but is concerned with the added work for staff to inspect the location if they were to accept this CR due to limited staffing time. Ms. Mullins stated that Cambridge Water Department has staff that patrol the land and are working to address encroachments. Due to this presence of Cambridge Water staff onsite, Lexington staff monitoring would be minimal. Mr. Hamilton stated that the Commission is willing to entertain being the grantee of the CR but holds reservations on the amount of resources required for annual monitoring. Community Preservation Committee Conservation Commission 2 -year Appointment, Jules 2025 to June 30, 2027 On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to appoint Kevin Beuttell as the Conservation Commission's representative to the Community Preservation Committee. Kevin Beuttell — Aye Duke Bitsko — Aye Alex Dohan — Aye Philip Hamilton — Aye Jason Hnatko — Aye Ruth Ladd — Aye Tom Whelan — Aye Approve Minutes: 4/29/2025 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve the 4/29/2025 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: 1-108 Drummer Boy Way, DEP #201-1358 OpenGov CNOI-25-9 On a motion by Mr. Bitsko and seconded by Ms. Dohan, the Commission voted 6-0 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 — Recused Jason Hnatko — Aye Ruth Ladd — Aye Tom Whelan — Aye Vote to Issue Order of Conditions: 217, 229, 233, & 241 Massachusetts Ave and 0 Cliffe Ave, DEP #201-1338, OpenGov CNOI-24-32 On a motion by Ms. Dohan 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: 81 Reed Street, DEP #201-1356, OpenGov CNOI-25-11 On a motion by Ms. Dohan and seconded by Ms. Ladd, 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: 232 Lincoln Street, DEP #201-1349, OpenGov CNOI-25-1 On a motion by Ms. Ladd 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 Schedule site visits: 6/10/2025 Meeting The site visits will be scheduled for Tuesday 6/3/2025 starting at 5:30pm. The joint meeting between the Commission and the Stewards that was previously scheduled for 6/3/2025 will be rescheduled for another date. 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 the Commission plans to have an informal dinner this month that will not be in violation of the Open Meeting Law. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 14 Thoreau Road OpenGov Permit# CDOA-25-13 Applicant/Property Owner: 14 Thoreau Road LLC Project: Raze and rebuild of a single-family house and associated site appurtenances, portions of which fall within the 100 -foot Buffer Zone from a Bordering Vegetated Wetlands and Bordering Land Subject to Flooding. Documentation Submitted: — WPA Form 1 – Request for Determination of Applicability; Locus: 14 Thoreau Road, Lexington, MA; Prepared for: 14 Thoreau Road LLC; Prepared by: Richard Kirby, LEC Environmental; Date: 5/6/2025 — Site Plans; Locus: 14 Thoreau Road, Lexington, MA; Prepared for: Finnegan Development; Prepared by: Patriot Engineering; Signed and Stamped by: Michael Novak, Civil PE No. 50696; Date: 4/15/2025 — Request for Determination of Applicability; Locus: 14 Thoreau Road, Lexington, MA; Prepared for: 14 Thoreau Road LLC; Prepared by: LEC Environmental; Date: 5/6/2025 Mr. Richard Kirby, LEC Environmental, presented the proposed plans, and Mr. Jamie Osborn, 14 Thoreau Rd LLC, and Mr. Michael Novak, Patriot Engineering, were also present. Mr. Kirby stated that the proposed construction will be outside of Conservation Jurisdiction and that the filing is requesting permission for construction access, the removal of four trees, and topdressing of the lawn, all within jurisdictional area. Mr. Kirby stated that tree protection is proposed and there are two trees proposed to be removed which are located outside of the Buffer Zone. Mr. Kirby stated that the Bittersweet along the rear property boundary will be removed. Ms. Pam Winters, 16 Thoreau Road, asked about proposed fencing around the large maple tree on the border of her property and 14 Thoreau Road as a portion of the fencing appears to be on their property as well. Mr. Kirby stated that all tree protection proposed on the plan will occur onsite at 14 Thoreau Road only and there will be orange work fencing and erosion control along the property line. Mr. Novak stated that the fence will be placed at the drip edge and no fencing will occur offsite. Ms. Winters asked if the roots of the tree will be impacted by the drain proposed close by to the tree. Mr. Novak stated that the plan should prevent this but they can come onsite to adjust as needed. Ms. Nancy Sackman, 15 Thoreau Road, stated concern regarding drainage due to history of street flooding following rainfall. Ms. Sackman also stated concern for large construction vehicles damaging their mailbox and if there will be restriction to their mailbox for mail carriers due to construction vehicles on the street. Mr. Kirby stated that the neighborhood is relatively flat and there is currently no storrawater management onsite and that the town's storrawater standards are high and those standards have been utilized in the plans for the proposed stormwater management onsite. Mr. Kirby also stated that Finnegan development will hold responsibility for any damaged property due to the construction and if neighbors have any difficulties during the construction, they are welcome to speak with Mr. Osborn to find solutions. Ms. Winters asked for the Commission's stance on equipment being used in the Buffer Zone and what the estimated square footage of the proposed house is. Mr. Novak stated the proposed footprint of the house is 3,585 square feet, including the roof overhang. Mr. Hamilton stated that the equipment is allowed to roll through the Buffer Zone and will not be utilized within it. 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 Notice of Intent: 178 Waltham Street OpenGov Permit# CNOI-25-13, DEP #201-1359 Applicant/Property Owner: Andrew Burns Project: Raze and rebuild of a single-family home and associated site appurtenances within the 100 -foot Buffer Zone from a Bordering Vegetated Wetlands. Documentation Submitted: — WPA Form 3 – Notice of Intent; Locus: 178 Waltham Street, Lexington, MA; Prepared for: Andrew Burns, AD Burns RE LLC; Prepared by: Richard Kirby, LEC Environmental; Date: 5/3/2025 — Notice of Intent Application and Wetland Resource Area Analysis; Locus: 178 Waltham Street, Lexington, MA; Prepared for: Andrew Burns, AD Burns RE LLC; Prepared by: Richard Kirby, LEC Environmental; Date: 5/6/2025 — Restoration Planting Plan; Locus: 178 Waltham Street, Lexington, MA; Prepared by: LEC Environmental; Date: 5/8/2025 — Site Plan; 178 Waltham Street, Lexington, MA; Prepared for: Andrew Burns; Prepared by: Frederick Russell, PE; Date: 4/8/2025; Revised: 5/20/2025 — Stormwater Analysis; 178 Waltham Street, Lexington, MA; Prepared by: Frederick Russell, PE; Date: 4/9/2025 — Engineering Comments; Date: 5/21/2025 Mr. Richard Kirby, LEC Environmental, presented and stated that the Bordering Vegetated Wetland is offsite. Mr. Kirby stated that site grading will be similar to the existing conditions. The proposed dwelling will be slightly larger than the existing home and a deck and infiltration system is proposed off of the rear of the house. A buffer zone mitigation planting plan has been provided which proposes restoring the entirety of the 25 -foot buffer zone onsite and a portion of the 50 -foot buffer zone as well. Ms. Dohan expressed gratitude for the restoration area being extended beyond the 25 -foot buffer zone. Mr. Bitsko asked for the engineering comments to be presented. Ms. Bree Aldridge, 188 Waltham Street, stated there is a large portion of Japanese Knotweed onsite and offsite and is appreciative that the plans include management of this invasive species. Ms. Aldridge expressed concern for planting natives after only one round of herbicide. Mr. Kirby stated that the project team will be continuing to cut the invasive species throughout the 3 -year monitoring period and after this period ends, the homeowner will be responsible for keeping up with the removal of invasive species. On a motion by Mr. Bitsko and seconded by Ms. Ladd 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 Continued Public Meetings/Hearings 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), 5/13/2025 (no testimony) Supplemental Documentation Submitted: — None Mr. Ron Strohsahl, Oxbow Associates, presented and stated that the perennial stream downgradient of the site was flagged by Oxbow in 2022, and approximately 11,000 square feet of Riverfront Area exists onsite. The proposed addition is located outside of the 200 -foot Riverfront area and the proposed associated driveway is within the Riverfront Area. Mr. Strohsahl stated that a second infiltration system is proposed requiring approximately 988 square feet of disturbance which will be restored after the installation. Ms. Ladd stated that the erosion control should also be placed along the driveway and asked if there will be a silt sack in a catch basin down the street. Mr. Strohsahl stated he would verify this. The Engineering Department has not submitted comments at this time. Mr. Strohsahl stated the requested erosion control will be added to the plan along with location of the catch basin downgradient. Ms. Wei Zhao, owner of 25 Valley Road, stated that there is flooding along Valley Road causing ice buildup on the road in the Winter. Ms. Zhao stated the road has experienced further flooding since the construction of a new house on the neighboring property. Ms. Mullins asked to clarify if the driveway is being removed due to the presence of the stone apron on the plans. Mr. Strohsahl stated that portions of the existing driveway will be removed. Ms. Mullins stated this will need to be included on the plans for the Engineering Department to review. 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 6/10/2025, 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 Turning Mill Road OpenGov Permit# CN0I-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, 5/13/2025 (no testimony) Supplemental Documentation Submitted: — Memo; Subject: Wetland Permitting Plan; To: Conservation Commission; From: Stamski and McNary, Inc.; Date 5/19/2025 — Stormwater Management Report; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for: Grant Lacotoure; Prepared by: Stamski and McNary, Inc.; Date: 5/19/2025; Revised: 5/22/2025 — Wetland Permitting Plan; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for: Grant Lacotoure; Prepared by: Stamski and McNary, Inc.; Date: 4/8/2025; Revised: 5/19/2025 and 5/22/2025 — Memo; Subject: Wetland Permitting Plan; To: Conservation Commission; From: Stamski and McNary, Inc.; Date 5/22/2025 Mr. Montgomery Nsamba, Stamski and McNary, Inc., presented and stated that two wetland flags have been revised, flag 4 and flag 5 which have been changed to flag 4R and flag 5R. Mr. Nsamba stated that a drip edge is proposed at the rear of the garage. Three additional trees are proposed to be planted to mitigate for the unauthorized removal of three trees previously. Mr. Bitsko asked if a detail was provided on the plan for the infiltration system. Mr. Nsamba stated this system was designed to meet the 100 -year storm. Town engineering has not reviewed this change yet. Mr. Whelan stated that the woodchips onsite would need to be removed prior to the start of any work as part of the enforcement onsite. Ms. Mullins stated that the Commission has issued a negative determination previously for the reconstruction of the shed on the existing foundation in 2024 and that the Commission had requested restoration onsite to address the enforcement. Ms. Mullins also stated that a restoration plan still needs to be submitted for review to address the disturbance onsite. Ms. Dohan stated that filter fabric is proposed on the plans at the bottom of the infiltration system and this is not permitted by the Town's regulations. Mr. Hamilton asked if the restoration area proposed in the front was an area that was disturbed. Mr. Nsamba stated that this area was not previously disturbed. Mr. Hamilton stated that the Commission will need to revisit the site to review the restoration area proposed and the previously disturbed areas onsite. Ms. Mullins stated she can meet with the project team to discuss the project. 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 6/24/2025, 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 New Public Meetino/Hearino, Continued. Request for Determination of Applicability: 151 Old Spring Street OpenGov Permit# CDOA-25-15 Applicant/Property Owner: The Chinese Bible Church of Greater Boston Project: Connection to the municipal drainage system associated with the construction of a new building. Documentation Submitted: — WPA Form 1 – Request for Determination of Applicability; Locus: 149-151 Old Spring Street, Lexington, MA; Prepared for: Chinese Bible Church of Greater Boston; Prepared by: Alan Loomis; Date: 5/10/2025 — Site Development Plan; Locus: 149-151 Old Spring Street, Lexington, MA; Prepared for: Chinese Bible Church of Greater Boston; Prepared by: McKenzie Engineering Group, Inc.; Date: 7/6/2023; Last Revised: 4/29/2025 — Drainage Calculations and Storrawater Management Plan; Locus: 149-151 Old Spring Street, Lexington, MA; Prepared for: Chinese Bible Church of Greater Boston; Not Dated *Applicant has requested a continuance without testimony to 6/10/2025 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 6/10/2025, 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, Continued 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), 3/25/2025 (no testimony), 4/8/2025 (no testimony), 4/29/2025 (no testimony) Supplemental Documentation Submitted: — None *Applicant has requested a continuance without testimony to 6/24/2025 On a motion by Mr. Beuttell and seconded by Mr. Hnatko the Commission voted 7-0 by roll call vote to continue the hearing to 6/24/2025, 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: 416 Concord Ave OpenGov Permit# CN0I-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, 4/29/2025 (no testimony) Supplemental Documentation Submitted: — None *Applicant has requested a continuance without testimony to 6/10/2025 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 6/10/2025, 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: 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. Previous Hearing Date: 5/13/2025 (no testimony) Supplemental Documentation Submitted: — None *Applicant has requested a continuance without testimony to 6/10/2025 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 6/10/2025, 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: 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. Previous Hearing Date: 5/13/2025 (no testimony) Supplemental Documentation Submitted: — None *Applicant has requested a continuance without testimony to 6/10/2025 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 6/10/2025, 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 Ms. Dohan, 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 8:30pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 7/22/2025 Archived: 7/23/3035