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Home My WebLink About2025-06-24-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, June 24th, 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; Not Present: Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Enforcement Order and Resolution Discussion: 2 Village Circle Ms. Nicole Ferrara, LEC Environmental, presented on behalf of the owners, BCM Development. Ms. Ferrara stated that a planting plan has been submitted to resolve enforcement regarding cleared vegetation within the 200-foot Riverfront Area. Ms. Ferrara stated that a more robust planting plan has been provided to address the Commission’s concerns from the previous discussion. The proposed restoration area has been revised to exclude the previously included shed. Ms. Ferrara stated that the surveyors have returned to the site and a revised site plan has been provided to include the size of the front walkway. Ms. Ladd stated that it is currently a poor time for plantings and advises to wait until September for plantings to have a better chance of surviving. The Commission agreed that the plantings must be completed by October 15th, 2025. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve the enforcement order with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Approve Minutes: 5/13/2025 This item has been postponed to provide the Commission members further time to review . Vote to Issue Order of Conditions: 11 Kay Tiffany Way, DEP #201-1353, OpenGov CNOI-25-7 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to issue the order of conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 47 Sanderson Road, DEP #201-1352, OpenGov CNOI-25-8 On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to issue the order of conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 7/8/2025 Meeting The Commission’s site visits for this hearing were postponed and will need to be rescheduled. The site visits will be scheduled for Monday June 30th and Tuesday July 1st beginning at 5:30pm each night. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee Ms. Ladd suggested changing the hearing schedule to hold meetings every three weeks rather than every two weeks, to provide more time for applicants and staff to prepare for meetings and submit the necessary paperwork on time. Requested continuances were presented at this time and out of order from the Agenda. 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), 5/27/2025 (no testimony) Supplemental Documentation Submitted: ⎯ None *Applicant has requested a continuance without testimony to 7/8/2025 On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 5 -0 by roll call vote to continue the hearing to 7/8/2025, 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 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 Dates: 4/29/2025, 5/13/2025 (no testimony), 5/27/2025, 6/10/2025 (no testimony) Supplemental Documentation Submitted: ⎯ None *Applicant has requested a continuance without testimony to 7/8/2025 On a motion by Mr. Whelan and seconded by Ms. Dohan the Commission voted 5-0 by roll call vote to continue the hearing to 7/8/2025, 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: 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 Dates: 5/13/2025 (no testimony), 5/27/2025 (no testimony), 6/10/2025 (no testimony) Supplemental Documentation Submitted: ⎯ None On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 5-0 by roll call vote to continue the hearing to 7/8/2025, 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 Ms. Mullins provided updates on the enforcement order at 1367 Massachusetts Avenue. 7:00 PM New Public Meetings/Hearings Abbreviated Notice of Resource Area Delineation: 114 Wood Street OpenGov Permit# CORD-25-2, DEP #201-13XX Applicant/Property Owner: Scott Seaver, Seaver Construction Project: Confirmation of resource area delineation. Documentation Submitted: ⎯ WPA Form 4A – Abbreviated Notice of Resource Area Delineation; Locus: 114 Wood Street, Lexington, MA; Prepared for: Scott Seaver, Seaver Construction; Prepared by: Mary Trudeau; Date: 6/3/2025 ⎯ Plot Plan; Locus: 114 Wood Street, Lexington, MA; Prepared by: Keenan Survey; Signed and Stamped by: James Richard Keenan, Civil PE No. 30751; Scale: 1” = 50’; Date: 5/22/2025 ⎯ Wetland Resource Area Analysis Report; To: Mr. Steven Zieff, Seaver Construction; From: Richard Kirby, LEC Environmental Consultants, Inc.; Date: 6/6/2025 Mr. Richard Kirby, LEC Environmental, presented and stated that there is a single-family dwelling on the property with a two -car garage and wooden deck in the rear. There is an electrical easement over an estimated one third of the site. Mr. Kirby stated that the resources onsite or adjacent to it include three Bordering Vegetated Wetlands and an Isolated Vegetated Wetland. Mr. Kirby also stated that the updated FEMA Flood Zones effective July 8th indicate a portion of the easement falling into the Zone A flood zone. Ms. Janet Lane, abutter, asked how the perimeter of the vernal pool was established and if this was completed in a dry year. Mr. Kirby stated that the boundary of the Bordering Vegetated wetland in the location of the vernal pool was established based on presence of wetland vegetation and hydric soils onsite. The Commission will be conducting a site visit prior to the next hearing to review the delineation onsite. Ms. Margie Coffin Brown, Resource Manager at Minuteman National Historic Park, stated that the abutter notification for this site was sent to parcels without a postal address. This parcel is within the administrative boundary of the Minuteman National Historical Park and the Minuteman National Historical Park District. Ms. Mullins stated that the Commission will need to review the vernal pool onsite as there is documentation of the vernal pool at a higher level than noted in the plan. 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 7/8/2025, 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 Amendment to Order of Conditions: 3 Goffe Road OpenGov Permit# AOOC-25-2, DEP #201-1321 Applicant/Property Owner: Lily Y Li Family Trust Project: Plan Modifications including the elimination of the approved deck, construction of an addition, grading, and associated utilities within the 100 -foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ Letter Requesting Amendment to the Order of Conditions; Locus: 3 Goffe Road, Lexington, MA; To: Lexington Conservation Commission; From: Maureen Herald, Norse Environmental; Date: 6/2/2025 ⎯ Stormwater Analysis, Amend Order of Conditions for 45 s.f. Foundation Expansion; Locus: 3 Goffe Road, Lexington, MA; Prepared by: Sullivan Engineering Group, LLC; Signed and Stamped by: John (Jack) Sullivan III, Civil PE No. 41586; Date: 4/29/2024; Last Revised: 5/23/2025 ⎯ Plot Plan of Land; Locus: 3 Goffe Road, Lexington, MA; Prepared by: Sullivan Engineering Group, LLC; Signed and Stamped by: John (Jack) Sullivan III, Civil PE No. 41586, and Paul Anocchio, PLS No. 36115; Scale: 1” = 20’; Date: 5/23/2025 ⎯ Engineering Comments; To: Karen Mullins; From: Marissa Martel; Date: 6/18/2025 Mr. Jack Sullivan, Sullivan Engineering, presented and stated that in July 2024 an Order of Conditions was issued for a proposed addition at the rear of the property. The previously approved deck is now proposed as an extension of the addition instead. Mr. Sullivan stated that t he proposed change is 73 feet from the wetlands onsite. The Commission is familiar with the site and did not require a site visit for the proposed change. 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 On a motion by Mr. Bitsko and seconded by Mr. Whelan the Commission voted 5-0 by roll call vote to approve the amendment to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 166 Spring Street OpenGov Permit# CNOI-25-14, DEP #201-13XX Applicant/Property Owner: Isam Hijazi, Boston Contractors & Developers LLC Project: Construction of an addition to a single-family dwelling, paving a parking lot, landscaping and associated site appurtenances, portions of which fall within the 100 -foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ WPA Form 3 – Notice of Intent; Locus: 166 Spring Street, Lexington, MA; Prepared for: Mohamed Miled, MACC; Prepared by: Isam Hijazi, Boston Contractors & Developers LLC; Date: 5/20/2025 ⎯ Existing Conditions Plan of Wetland Buffer & Evaluation Areas; Locus: 166 Spring Street, Lexington, MA; Prepared for: Boston Contractors and Developers LLC; Prepared by: Wetlands Identification; Date: 5/18/2025 ⎯ Landscape & Planting Plan; Locus: 166 Spring Street, Lexington, MA; Prepared for: MACCLM; Prepared by: a Blade of Grass LLC; Date: 6/2/2025 ⎯ Stormwater Management; Locus: 166 spring Street, Lexington, MA; Prepared for: Muslim American Community Center of Lexington; Prepared by: BCD Design Group; Stamped and Signed by: Adel M. Shahin, PE No. 41854; Date: 6/2/2025 ⎯ Project Introduction/Narrative; Locus: 166 Spring Street, Lexington, MA; Date: 5/25/2025 ⎯ Proposed improvements for Muslim American Community Center of Lexington Massachusetts; Locus: 166 Spring Street, Lexington, MA; Prepared by: Isam Hijazi, BCD Design Group; Stamped and Signed by: Adel M. Shahin, PE No. 41854; Date: 6/2/2025 ⎯ Layout Plan; Locus: 166 Spring Street, Lexington, MA; Prepared by: Isam Hijazi, BCD Design Group; Date: 5/21/2025 ⎯ Drainage Invest igation; Locus: 166 Spring Street, Lexington, MA; Prepared by: David A. Sperduto, PLS; Date: 5/31/2025 ⎯ Vegetation & Soil Evaluation Report: Evaluation Area I; Locus: 166 Spring Street, Lexington, MA; Prepared by: David A. Sperduto, PLS; Date: 5/18/2025 ⎯ Vegetation & Soil Evaluation Report: Evaluation Area II; Locus: 166 Spring Street, Lexington, MA; Prepared by: David A. Sperduto, PLS; Date: 5/18/2025 ⎯ Vegetation & Soil Evaluation Report: Evaluation Area III; Locus: 166 Spring Street, Lexington, MA; Prepared by: David A. Sperduto, PLS; Date: 5/18/2025 Mr. David Sperduto, Wetlands Identification, presented and stated that the project includes a residential use property being converted into a religious community center on the site. Mr. Sperduto stated that stormwater infiltration is proposed to accommodate runoff from the proposed parking lot. He also stated that estimated half of the site has been cleared of vegetation as of one year ago and no naturally existing vegetation has grown in Area 1B as shown on the plans and the soil evaluations of this site did not qualify as hydric soils. Mr. Sperduto stated that a portion o f the site is within the 100-foot Buffer Zone to the southern wetland and that restoration plantings are proposed within the 100 -foot Buffer Zone on site to mitigate the section of pavement to be installed there. Mr. Beuttell asked for further informatio n on the vegetation removal and regrading onsite. Mr. Sperduto stated that regrading onsite has occurred within the area of the proposed parking lot. The stormwater analysis has been completed using the previous existing conditions prior to the regrading o nsite. All proposed plantings onsite, including those outside of the 100 -foot Buffer Zone, are proposed to be native plantings. Mr. Mat Gauvin, owner of property on the corner of Spring Street and Concord Avenue, stated that an abnormal amount of standing water has been present on his property and that a drainage pipe under the street leads towards his property and shared concerns for water runoff being diverted towards his property. Mr. Sperduto stated that the proposed project should result in less runoff from the site than what has occurred in the previous year due to the removal of vegetation from the site. Ms. Mullins presented the pre- and post-development plans that show the change in runoff onsite. Mr. Adel Shahin, project engineer, stated that the intent is to reduce the runoff onsite and the overflow pipe is necessary for satisfying the 100 -year storm conditions. Mr. Shahin stated that the plan diverts water into the existing pipe under Concord Ave. Mr. Gauvin asked to clarify the reasoning to divert the runoff into the one existing pipe rather than install a second pipe to divert runoff into two directions. Mr. Shahin stated that the pipe only overflows in 100-year storm events and a new discharge outlet would need approval from the Town. The Commission will visit the site to review the wetland line prior to the next hearing. 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 7/8/2025, 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 Continued Public Meetings/Hearings 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 Dates: 4/8/2025, 4/29/2025 (no testimony), 5/27/2025 (no testimony), 6/10/2025 (no testimony) Supplemental Documentation Submitted: ⎯ Plans Set; Sheet C-1, “Layout Plan”, Sheet C-2, “Utility & Erosion Control Plan”; Locus”: 416 Concord Ave, Lexington, MA; Prepared by: Hardy + Man Design Group, PC; Stamped and Signed by: Chi Man, Civil PE No. 45441; Date: 11/21/2024; Revised: 6/16/2025 ⎯ Drainage Report; Locus: 416 Concord Ave, Lexington, MA; Prepared by: Hardy + Man Design Group, PC; Stamped and Signed by: Chi Man, Civil PE No. 45441; Date: 6/5/2025; Revised: 6/16/2025 Mr. Chi Man, Hardy + Man Design Group, presented and stated that Ken Thompson, the wetland scientist for this project, has returned to the site and took more soil samples onsite. The 25 -foot Bu ffer Zone has been shifted upslope due to the additional soil samples and the plans have been adjusted to reflect this change. Mr. Man stated that a wetland replication area is now proposed which will remove the existing lawn of this area and replace it with native plantings. Ms. Ladd stated that the proposed dwelling appears to be on the edge of the 25-foot Buffer Zone and the plan does not account for any overhang. Mr. Man presented the plan to display where the overhang of the building is. Ms. Ladd stated that the overhang is not permitted to be located within the 25-foot Buffer Zone. Ms. Ladd also noted that Feno markers need to be proposed onsite. Mr. Man stated that the patio onsite is proposed to be constructed with pervious pavers. Ms. Mullins stated that replacing the patio would require further disturbance to the wetlands. Mr. Hamilton stated that the impervious surface within the 50-foot Buffer Zone is being increased significantly from the existing conditions. Mr. Man stated that a restoration area is being proposed to mitigate for this. Mr. Hamilton stated that 828 square feet of new impervious surface is proposed within the 50-foot Buffer Zone and the proposed infiltration is only accounting for this increase and not the ent irety of the proposed addition. Ms. Ladd stated that enhancement is being proposed since the area of restoration is already a wetland and suggested removal of the pavement around the garage and driveway. Ms. Dohan agrees with Ms. Ladd and stated any revision to move further from the wetlands is preferred. Mr. Whelan asked if the existing garage footprint can be reduced or removed. The Commission will revisit the site with their upcoming site visits. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 5-0 by roll call vote to continue the hearing to 7/8/2025, 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: 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), 5/27/2025, 6/10/2025 (no testimony) Supplemental Documentation Submitted: ⎯ Site Plan; Locus: 25 Valley Road, Lexington, MA; Prepared for: Wei Zhao; Prepared by: Frederick W. Russell, PE; Stamped and Signed by: Frederick W. Russell Jr., Civil PE No. 36713; Date: 2/28/2025; Revised: 6/15/2025 Mr. Ron Strohsahl, Oxbow Associates, presented and stated that the proposal includes an addition outside of the 200-foot Riverfront Area and the expansion of the drivewa y proposed is within the Riverfront Area. Erosion control has been added to the plans as requested in the previous hearing. Mr. Strohsahl stated that the existing driveway will be reclaimed and paved over, keeping the stormwater calculations the same. Town engineering has not submitted comments on this application yet. The hearing will be continued to allow for the Engineering Department to submit comments. 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 7/8/2025, 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: 12 Valley Road OpenGov Permit# CNOI-25-12, DEP #201-13XX 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 Dates: 5/13/2025 (no testimony), 5/27/2025 (no testimony), 6/10/2025 (no testimony) Supplemental Documentation Submitted: ⎯ Proposed Site Plans: Sheet 1, “Proposed SFH Reconstruction Site Plan”, Sheet 2, “Proposed Construction Details”; Locus: 12 Valley Road, Lexington, MA; Prepared for: Podium Development; Prepared by: AEC, PLLC; Stamped and Signed by: Patrick L. Bower, Civil PE No. 48026; Date: 4/8/2025; Last Revised: 6/14/2025; ⎯ 12 Valley Road: New Single-Family Plans; Locus: 12 Valley Road, Lexington, MA; Prepared by: Podium Development; Last Revised: 6/16/2025; ⎯ Notice of Intent Project Narrative; Locus: 12 Valley Road, Lexington, MA; Prepared for: Podium Development LLC; Prepared by: Marsh Matters Environmental; Date: June 2025 Mr. Michael Ball, Marsh Matters Environmental, presented and stated that the proposal includes the raze and rebuild of a single-family home that is noncompliant to Zoning standards. Mr. Ball stated that there is an unnamed perennial stream onsite and the entire property falls within the 200-foot Riverfront Area. A revised plan was submitted one day prior to the hearing with a minimal change to distinguish between the walkway and permeable paver driveway in the details. Mr. Patrick Bower, Amoskeag Engineering Consultants, stated that the details on the plan were updated to show the thickness of gravel consistent with the calculations and only the construction details were updated on the plans. Mr. Ball stated that the mitigation area was adjusted along with the corner of the structure decreasing the size of the structure. Mr. Ball stated that the proposed deck size has increased. Mr. Bower stated that there is a Cultec system proposed for stormwater management which captures the entire roof area and that a trench drain near the garage is also proposed. Ms. Ladd stated that the proposed dwelling reaches the 25-foot Buffer Zone which is not permitted and the overhang would need to be shown as well. Mr. Ball stated that the project team would like to have the house remain w here it is due to the constrictions of the lot. Ms. Mullins asked if basement elevations are included in the plans. Mr. Renan Barreto, Podium Development, stated that there is no basement proposed and that the roof has a one -foot overhang and all water is diverted to the infiltration system at the front of the dwelling. 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 7/8/2025, 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 Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 8/12/2025 Archived: 8/13/2025