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Home My WebLink About2025-09-09-ConCom-min.pdfPUBLIC MEETING MINUTES L Conservation Commission AGENDA Tuesday, September 9th, 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, and Thomas Whelan; Staff Present: Karen Mullins, Conservation Director; Not Present: Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Extension of the Order of Conditions: 1-3-5 Hartwell Place (formerly 91 Hartwell Ave)201- 1163, CNOI-19-27, 3-yearquest (9-21-2025 to 9-21-2028) Mr. Richard Kirby, LEC Environmental Consultants, presented and stated that the Order of Conditions expiration was extended by two years through the issuance of the government's Leads Act in 2024. The approved project includes the construction of a parking garage and lab/office building. The Planning Board has granted an extension through August 26, 2027 for their permit. Mr. Beuttell stated that the Commission has amended their regulations four years ago and recommends the Commission grant a one-year extension which is their standard practice. Ms. Ladd stated that the calculations for this project were completed with the previous stormwater standards. Mr. Kirby stated that Nitsch Engineering utilized the NOAA 14 Precipitation data. Mr. Hamilton stated that he also recommends the Commission follow their standard practice and grant a one-year extension. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to approve a one-year extension to 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 Approve Minutes: 8/26/2025 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the 8/26/2025 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 Request for Certificate of Compliance: 48 Sherburne Rd, DEP #201-1317, OpenGov CNOI-24- 8, COC -25-6 (Partial) The address for this property was previously 40 Sherburne Road and the associated Order of Conditions was issued to 40 Sherburne Road. Ms. Mullins stated that the work has been completed onsite including the required plantings. A partial certificate of compliance can be issued and the three-year monitoring period must be completed prior to issuance of a complete certificate. Mr. Michael Ball, MME, stated that cultivars were originally planted and have been replaced with native plants. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to issue the Partial Certificate of Compliance. 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 Certificate of Compliance: 72 Cary Ave, DEP #201-1325, OpenGov CNOI-24-18, COC -25-8 (Partial) Ms. Mullins stated that she has visited the site and that all outstanding issues onsite have been addressed. Ms. Mullins recommends the Commission issue the Partial Certificate of Compliance with the standard condition of a three-year monitoring period of the plantings onsite subject to a revised final as -built that reflects updated bounds discussed in the site visit that occurred before the meeting. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the Partial Certificate of Compliance. 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 Certificate of Compliance: 33 Woodpark Cir, DEP #201-1334, OpenGov CNOI-24- 26, COC -25-14 Ms. Mullins stated that the requested revised as -built plan has been received and this project did not require any restoration plantings. On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to issue the Full Certificate of Compliance. 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 Certificate of Compliance: 20 Cooke Rd, DEP #201-1089, BL #1046, OpenGov COC -21-14 Ms. Mullins stated that the site has compliance concerns that need to be addressed and suggested the Commission visit the site to review. Mr. Chengwei Su stated that receipts of plantings and restoration monitoring reports have been submitted. The Commission has not had time to review the provided documentation and will be scheduling a site visit prior to the next meeting to review the site for compliance. Vote to Issue Order of Conditions: 10 Barberry Rd, DEP #201-1369, OpenGov CNOI-25-21 On a motion by Mr. Bitsko 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: 9/30/2025 Meeting The site visits will be scheduled for Saturday 9/27/2025 starting at 9:00am. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 489 Concord Ave OpenGov Permit# CDOA-25-21 Applicant/Property Owner: Bridget Irish, Cotting School Project: Replacement of existing fence enclosing the tennis courts, within the 100 -foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted.• — WPA Form 1 – Request for Determination of Applicability; Locus: 489 Concord Ave, Lexington, MA; Prepared for: Cotting School c/o Bridget Irish; Prepared by: Megan Buczynski, Activitas Inc.; Date: 8/19/2025 — The Cotting School Tennis Court Fence Replacement; Locus: 489 Concord Ave, Lexington, MA; Prepared for: The Cotting School; Prepared by: Activitas; Scale: 1" _ 20' and as noted; Date: 8/19/2025 — Memorandum (Detailed Project Description); To: Town of Lexington Conservation Commission; From: Megan Buczynski, PE, Activitas; Subject: Request for Determination of Applicability Narrative; Date: 8/19/2025 Ms. Megan Buczynski, Activitas, presented and stated that the Cotting School has an existing clay tennis court which has an existing wood and net fence. The proposal includes replacing the existing fence with a six-foot chain-link fence in the same location of the existing fence. Ms. Buczynski stated that additional excavation will occur due to new post holes needing to be created along with limited pruning of limbs overhanging the court. Ms. Buczynski also stated that during the Commission's site visit, it was noted that pathway lights were installed onsite which did not appear to be included in previous permitting, but that no excavation was done to install these lights. Ms. Bridget Irish, Cotting School, stated that the work to remove the moss on the court was accessed through the main parking lot at Cotting and completed with a wheelbarrow and a rake. Ms. Ladd stated that there has been erosion from the raking onsite and asked if there is a plan to correct this. Ms. Buczynski stated that the erosion will be addressed and moved back to by the court. Mr. Beuttell stated that a condition can be included to stabilize the erosion from the court. Mr. Hamilton stated that the erosion towards the wetlands from the court is substantial and asked what the plan would be to keep this from recurring. Ms. Buczynski stated erosion controls can be kept outside of the fence onsite. Ms. Ladd asked if there is a plan for the leftover dirt dug up for the poles. A note will be added to the plans to address the contractor disposing of the material. On a motion by Ms. Dohan 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 Continued 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. Previous Hearing Dates: 6/24/25, 7/8/2025, 7/22/25 (no testimony), 8/12/2025 (no testimony), 8/26/2025 Supplemental Documentation Submitted: — None The applicant has requested a continuance without testimony to the 9/30/2025 meeting. On a motion by Ms. Dohan and seconded by Ms. Ladd the Commission voted 7-0 by roll call vote to continue the hearing to 9/30/2025, 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 Dates: 4/8/2025, 4/29/2025 (no testimony), 512712025 (no testimony), 6/10/2025 (no testimony), 6/24/2025, 7/8/2025 (no testimony), 7/22/2025 (no testimony), 8/12/2025, 8/26/2025 (no testimony) Supplemental Documentation Submitted: — Utility & Erosion Control Plan; Locus: 416 Concord Ave, Lexington, MA; Prepared by: Hardy + Man Design Group, PC; Signed and Stamped by: Chi Y Man, Civil PE No. 45441; Date: 11/21/2025; Revised: 8/22/2025 — HydroCAD Report; Locus: 416 Concord Ave, Lexington, MA; Prepared by: Chi Man; Date: 9/2/2025 — Engineering Comments; Date: 9/5/2025 Mr. Chi Man, Hardy + Man Design Group, presented and stated that additional calculations have been submitted to the Engineering Department which have been approved by Engineering. The plans have been updated to revise and increase the restoration area to now include up to the 25 - foot buffer zone line. Mr. Man stated that the infiltration area has been enlarged as recommended by the Engineering Department. The Engineering Department has submitted satisfactory comments. On a motion by Mr. Beuttell and seconded by Ms. Dohan 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 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 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), 8/26/2025 *Applicant has requested a continuance without testimony to 9/30/2025 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 9/30/2025, 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 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 Wetlands. Previous Hearing Dates: 7/22/25, 8/12/2025, 8/26/2025 Supplemental Documentation Submitted: — Site Plan Single -Family Home; Locus: 24 Turning Mill Rd, Lexington, MA; Prepared for: Murali Pathivada; Prepared by: MP Design Consultants; Date: 3/13/2024; Last Revised: 8/28/2025 — Engineering Comment from OpenGov on 9/2/2025: *Vote to issue the Amended Order of Conditions if the hearing closes. Mr. Eduardo Pinotti, MP Design Consultants, presented and stated that the existing utilities were updated on the plans and the proposed connections were revised. Revised plans have been submitted with the depth of the trenches included. On a motion by Ms. Ladd and seconded by Mr. Whelan 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 On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to issue the Amendment to the Order of Conditions. Record of Vote as Follows: Kevin Beuttell — Aye Duke Bitsko — Aye Alex Dohan — Aye Philip Hamilton — Abstain Jason Hnatko — 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 Ms. Ladd suggested an ad hoc committee to ensure the Commission's bylaws and regulations match. Mr. Hamilton stated that the regulations need to be reviewed and compared with the bylaw. Ms. Mullins stated that definitions will need to be updated and included as well. Mr. Whelan will chair the ad hoc committee to review the regulations and the bylaw. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, 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 Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 9/30/2025 Archived: 10/2/2025