The URL can be used to link to this page

Home My WebLink About2025-08-26-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, August 26th, 2025, 6:30 p.m. This Conservation Commission meeting was held remotely via Zoom, an online meeting platform. Public participation via calling in or using your computer was encouraged. Commissioners Present: Kevin Beuttell, Duke Bitsko, Alexandra Dohan, Philip Hamilton (Chair), Ruth Ladd, and Thomas Whelan; Not Present: Jason Hnatko Staff Present: Karen Mullins, Conservation Director; Not Present: Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Approve Minutes: 7/22/2025 and 8/12/2025 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 5-0 by roll call vote to approve the 7/22/2025 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Abstain Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve the 8/12/2025 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Abstain Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 9 Young Street, DEP #201-1308, OpenGov CNOI-24-2, COC-25-13 (Partial) Ms. Nicole Ferrara, LEC Environmental Consultants, presented and stated that a minor change has been made to the plans during construction which involves a propane tank installed in the 50 - foot buffer zone. The applicant has proposed mitigation including a dditional native plantings in the restoration area onsite. Mr. Beuttell stated that the proposed mitigation is acceptable. Ms. Ladd asked if any documentation has been provided signed by the neighbor approving of the offsite mitigation. Ms. Ferrara stated that a verbal agreement was made and that written documentation can be provided. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve the plan change and to issue the Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 33 Woodpark Circle, DEP #201-1334, OpenGov CNOI- 24-26, COC-25-14 Ms. Mullins stated that the as-built plan was missing some features that need to be included for approval. The applicant will update the as-built for approval. Voting on this item will be postponed until an updated as-built has been received. Request to waive lo cal bylaw fee of $2,300 (and Paid State fee of $1450 with $737.50 being Town Share): 0 Peacock Farm Rd, CNOI -25-20 Ms. Nicole Ferrara, LEC Environmental Consultants, presented and stated that the waiver has been requested as the work for which permission was requested is all restoration. Ms. Mullins stated that the bylaw did not have dredging as an activity category for the calculating the fee. The Commission discussed the bylaw fee categories to determine which was appropriate for this application fee. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to set the bylaw fee at $800 for the restoration work. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 166 Spring Street, DEP #201-1367, OpenGov CNOI-25-14 Mr. David Sperduto, Wetlands Identification, presented and stated that the plans have been updated to reflect the revised wetland line as previously discussed with the Commission. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 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 – Abstain Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 9/9/2025 Meeting The site visits will be scheduled for Tuesday 9/2/2025 starting at 5:30pm. Approve $300 Program Speaking Fee from Lexington Nature Trust Fund for 9/25 (Rain date 9/26) Event Ms. Karen Mullins, Conservatio n Director, presented and stated that The Seasonal Conservation Crew Supervisor, Mr. Walt Emann, has organized a program for identifying insects in the evening hours. Mr. Emann has found a program presenter, Mr. Jace Porter, from the Global Entomology Coalition. The Commission supports the program. On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to approve the expenditure of $300 from the Lexington Nature Trust Fund. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 0 Peacock Farm Road, DEP #201-1368, OpenGov CNOI-25- 20 On a motion by Ms. Ladd 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 – 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 None. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 75 Westview Street OpenGov Permit# CDOA-25-20 Applicant/Property Owner: Cheryle West Project: Septic abandonment and connecting to the existing public sewer system. Documentation Submitted: ⎯ WPA Form 1 – Request for Determination of Applicability; Locus: 75 Westview Street, Lexington, MA; Prepared for and prepared by: Cheryle West; Date: 7/31/2025 ⎯ Sewer Connection Plan; Locus: 75 Westview Street, Lexington, MA; Prepared for: Cheryle A West Trustee; Prepared by: J2M Consulting Associates, LLC; Scale: 1” = 20’; Date: 7/31/2025 Ms. Cheryle West, 75 Westview Street, presented and stated that the project consists of connecting a ho me to the existing public sewer line and abandoning a failed title V septic. Mr. Hamilton stated that a site visit has occurred with the Commission to review the proposal. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 6-0 by roll call vote to issue a negative determination. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 10 Barberry Road OpenGov Permit# CNOI-25-21, DEP #201-1369 Applicant/Property Owner: Jorge Quiroz and Gemma Attley Project: The construction of an addition to a single -family dwelling and associated site appurtenances, within the 100-foot buffer zone to Bordering Vegetated Wetlands and Bordering Land Subject to flooding. Documentation Submitted: ⎯ WPA Form 3 – Notice of Intent; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz and Gemma Attley; Prepared by: Richard Kirby, LEC Environmental Consultants; Date: 7/31/025 ⎯ Notice of Intent Application and Wetland Resource Area Analysis; Locus: 10 Barberry Road, Lexingt on, MA; Prepared for: Jorge Quiroz and Gemma Attley; Prepared by: LEC Environmental Consultants, Inc.; Date: 8/5/2025 ⎯ Drainage Area Plan; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz & Gemma Attley; Prepared by: Patriot Engineering; Date: 7/29/2025 ⎯ Conservation Site Plan and Site Details; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz & Gemma Attley; Prepared by: Patriot Engineering; Date: 7/29/2025; Revised: 8/18/2025 ⎯ Stormwater Analysis and Calculations; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz & Gemma Attley; Prepared by: Patriot Engineering; Date: 7/29/2025 ⎯ Operation and Maintenance Plan; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz & Gemma Attley; Prepared by: Patr iot Engineering; Date: 7/29/2025 ⎯ Wetland & Buffer Zone Mitigation Planting Plan; Locus: 10 Barberry Road, Lexington, MA; Prepared for: Jorge Quiroz & Gemma Attley; Prepared by: LEC Environmental Consultants, Inc.; Date: 8/12/2025 Mr. Richard Kirby, LEC Environmental, presented the existing plans and proposed plans and stated that a revised plan has been submitted based on comments received during the Commission’s site visit. Mr. Kirby stated that the proposal includes a two car gar age and second story addition over the garage, and the reconfiguration of the driveway to provide access to the proposed garage. A small portion of the proposed gravel walkway is proposed within the 50-foot buffer zone and 4,350 square feet of mitigation is proposed. Ms. Mullins stated that the planting plan does not have a revised Bordering Land Subject to flooding line that matches the revised site plan. Mr. Kirby stated that the planting plan can be revised. Mr. Hamilton suggested removing the old floo d plain line from the site plan to avoid confusion. Prior to the issuing of a n Order of Conditions, a revised planting plan removing the old flood plain line is required to be submitted. On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 6-0 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 Ruth Ladd – Aye Tom Whelan – Aye Continued Public Meetings/Hearings Abbreviated Notice of Resource Area Delineation: 114 Wood Street OpenGov Permit# CORD-25-2 Applicant/Property Owner: Scott Seaver, Seaver Construction Project: Confirmation of resource area delineation. Previous Hearing Dates: 6/24/25, 7/8/2025, 7/22/25 (no testimony), 8/12/2025 (no testimony) Supplemental Documentation Submitted: ⎯ None Mr. Richard Kirby, LEC Environmental, presented and stated that LEC is working on determining the vernal pool boundary and has reviewed the Commission’s bylaw and regulations and has found a discrepancy between the two. Mr. Kirby discussed the discrepancies and stated that the bylaw regulations appear to surpass the definition in the bylaw regarding elevations. Mr. Hamilton stated that the bylaw limits the Commission to the state definition of vernal pool. Mr. Kirby stated that they can refer to the ACT regulations instructions on the process when there is a disagree ment on the mean annual high-water line. Ms. Ladd stated that there are multiple potential lines for this site and suggested a peer review of the line. Mr. Whelan stated that there are conflicting interests in this delineation and agrees with the suggestio n of a peer review. Ms. Mullins noted that currently the ANRAD application specifies delineation of the Bordering Vegetated Wetlands and suggests a review and revision of the application. Mr. Kirby stated that LEC did not complete the ANRAD application a nd will review this and provide supplemental information. Ms. Jenny Stieglitz, 3 Amherst Street, stated someone has been onsite and stated they were testing the site on behalf of the Commission and asked if the documentation from this additional site visit will be available. Mr. Hamilton stated that any documentation submitted to the Co mmission is available to the public. Mr. Kirby stated that the project surveyor was onsite to record additional topographic information onsite and is working on behalf of the applicant. Ms. Lorraine Miller, 7 Amherst Street , asked if the Commission has received the additional photographs submitted to the Commission prior to this meeting. Mr. Hamilton stated that the Commission does not have enough time to review materials submitted on the day of the meeting, but will review them for the next hearing. On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 6-0 by roll call vote to continue the hearing to 9/9/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – 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 Dates: 4/8/2025, 4/29/2025 (no testimony), 5/27/2025 (no testimony), 6/10/2025 (no testimony), 6/24/2025, 7/8/2025 (no testimony), 7/22/2025 (no testimony), 8/12/2025 Supplemental Documentation Submitted: ⎯ None Ms. Mullins stated that supplemental materials were submitted past the deadline and have not been reviewed by the Commission nor the Engineering Department. The applicant has requested a continuance to 9/9/2025. On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 6-0 by roll call vote to continue the hearing to 9/9/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – 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), 6/24/2025 (no testimony), 7/8/2025, 7/22/2025 (no testimony), 8/12/2025 (no testimony) Supplemental Documentation Submitted: ⎯ Wetland Restoration Plan; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for: Grant Lacouture; Prepared by: Stamski and McNary, Inc.; Date: 6/30/2025; Revised: 7/30/2025 and 8/18/2025 ⎯ Wetland Permitting Plan; Locus: 4 Turning Mill Road, Lexington, MA; Prepared for: Grant Lacouture; Prepared by: Stamski and McNary, Inc.; Date: 6/30/2025; Revised: 7/30/2025 and 8/18/2025 ⎯ Letter; To: Conservation Commission; From: Montgomery Nsamba, Stamski and McNary, Inc.; Subject: Wetland Permitting Plan; Date: 8/18/2025 Mr. Montgomery Nsamba, Stamski and McNary, presented and stated that the restoration area has been staked onsite and reviewed by the Commission. The silt barrier has been revised on the proposed plans. Mr. Nsamba stated that the proposed garage and infiltration trench locations have been revised to be located further from the wetlands. Mr. Nsamba also stated that there were two trees cut during the time of original disturbance in the wetland. The proposed mitigation for the garage has been relocated to the right side of the property and additional mitigation will be proposed to mitigate for the trees removed. Ms. Ladd stated that there was a third tree removed as well and asked if an updated engineering report has been provided. Ms. Mullins stated that an updated review to reflect the relocated infiltration system has not been provided. Ms. Mullins recommended that the Commission issue a formal enforcement order as the Commission has been requesting a restoration plan for a year. Ms. Dohan asked to clarify that the wetland restoration is still propose d on the left side in addition to the mitigation plantings on the right side of the property. Mr. Nsamba stated that the applicant is still proposing restoration of the wetlands. Ms. Mullins will meet with Mr. Nsamba onsite to stake the restoration area and review the proposed mitigation. On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to continue the hearing to 9/9/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Amendment to Order of Conditions: 24 Turning Mill Road OpenGov Permit# AOOC-25-3, DEP #201-1330 Applicant/Property Owner: Murali Pathivada Project: Plan Modifications to expand, via cantilevering, the front addition and to reduce the elevation of the rear addition to remove interior steps and create a uniform level with the existing dwelling, within the 100-foot Buffer Zone to Bordering Vegetated Wet lands. Previous Hearing Dates: 7/22/25, 8/12/2025 Supplemental Documentation Submitted: ⎯ Plan Set; Locus: 24 Turning Mill Rd, Lexington, MA; Prepared for: Murali Pathivada; Prepared by: MP Design Consultants; Date: 3/13/2024; Last Revised: 8/20/2025 Mr. Eduardo Pinotti, MP Design Consultants, stated that the Engineering Department has not been able to provide comments for the revised plans submitted since the previous hearing. Mr. Pinotti stated that a revised plan has been submitted which shows the corre cted locations of utilities onsite. Ms. Mullins stated that with the corrected locations of the utilities, there will now be trenching closer to the wetlands and asked for further information regarding the depth and width of the trenching for review. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 6-0 by roll call vote to continue the hearing to 9/9/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Abstain Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 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 Ruth Ladd – Aye Tom Whelan – Aye Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 9/9/2025 Archived: 9/11/2025