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Home My WebLink About2025-09-30-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, September 30th, 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 (joined at 7:30pm), Alexandra Dohan, Philip Hamilton (Chair), Jason Hnatko, Ruth Ladd; Not Present: Thomas Whelan Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Vote to accept the Widnall Land Donations and Trail Easement Mr. Charlie Wyman, Chair of the Land Acquisition Subcommittee, presented and discussed the proposed land to be gifted to Lexington Conservation by the Widnall Family. Mr. Wyman stated that a survey of the land has been completed and the deeds for the donation have been drafted. Mr. Wyman stated the land to be donated totals 1.78 acres and that the donation includes a trail easement across their property in perpetuity. The Widnall Donation may allow for a better route for the ACROSS Lexington Route L. The Commission thanked Mr. Wyman for his contributions towards completing the work related to the land donation. On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote: (a) To approve that certain Real Property Donation Agreement by and between Widnall and the Town of Lexington, acting by and through its Conservation Commission, for Parcel 147A and Parcel 63, and that certain Real Property Donation Agreement by and between the Trust and the Town of Lexington, acting by and through its Conservation Commission, for Parcel 26C, both substantially in the form presented to the Commission at its September 30, 2025 meeting; (b) To accept the deeds to Parcel 147A, Parcel 63, and Parcel 26C to the Town of Lexington, acting by and through its Conservation Commission, substantially in the forms presented to the Commission at its September 30, 2025 meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission in their reasonable discretion in consultation with Town Counsel; (c) To accept that certain Easement Agreement to be granted by Widnall to the Town of Lexington, acting by and through its Conservation Commission, on a portion of Parcel 147 on the Town of Lexington Assessor’s Map 22, commonly known as 22 Summit Avenue, substantially in the form presented to the Commission at its September 30, 2025 meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission in their reasonable discretion in consultation with Town Counsel; and (d) To authorize the Town Manager and Chair of the Conservation Commission, acting together or individually, to take all actions on behalf of the Town that are reasonab ly necessary, in the judgment of the Town Manager and Chair of the Conservation Commission, to complete the acquisition of Parcel 147A, Parcel 63, and Parcel 26C, and accept and enter into the Easement Agreement, all in accordance with the Real Property Do nation Agreements, including without limitation, executing and delivering deed acceptances, easement acceptances, closing forms, affidavits, documents and settlement statements. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Extension of the Order of Conditions: 10 Rangeway, 201-1063, BL 1020, 1-year request (11-13- 2025 to 11-13-2026) Mr. Dennis Griecci, Andover Consultants, stated that the project approved in the Order of Conditions included installation of a drainage pipe across the lots of 10 and 12 Rangeway and the construction of a new single-family home at 10 Rangeway. Mr. Griecci stated the one-year extension is requested to allow time to begin construction on the house. On a motion by Mr. Hnatko and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve a one-year extension to the Order of Cond itions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Conservation Plan Modification: CPM-25-10, 30 Donald Street Mr. Chi Man, Hardy + Man Design Group, presented and stated that additional test pits were done onsite which determined that the groundwater elevation was higher than the proposed system was originally designed for. The plan modification includes changes such as the basement level and the stormwater system locations rising to address the higher level of groundwater and to maintain two feet of groundwater separation to comply with Town regulations. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to approve the plan mod ification. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Conservation Plan Modification: CPM-25-11, 320 Concord Ave Mr. James Polakiewicz, Hancock Associates, presented and stated that the construction has been underway onsite and that the owners are now proposing a U-shaped driveway to address safety concerns. Mr. Polakiewicz stated that there is a net 0 increase in impervious surface in the proposed changes. On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to approve the plan modification. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Request for Certificate of Compliance: 20 Cooke Rd, DEP #201-1089, BL #1046 OpenGov COC-21-14, Full Request Ms. Ladd stated that on the site visit there was no evidence of the required native seed mix having been planted onsite and suggested widening of the area surrounding the resource area and restoration plantings being installed in this area. Ms. Dohan stated the area can be bro adened and that there should be room left for the residents to walk around the house. Ms. Ladd stated that the restoration area should be demarcated to prevent future mowing. Mr. Chengwei Su, owner, asked for clarification on what the Commission is requir ing as the restoration requirements are now proposed to be changed. Ms. Ladd stated that the existing conditions onsite are not compliant with the approved plans. Mr. Beuttell stated that maintenance of the yard has appeared to harm the restoration efforts onsite. Ms. Mullins asked what type of seed the owner will be purchasing. Mr. Su stated that he plans to purchase a New England Native Seed Mix. Ms. Ladd suggested raking the seeds into the restoration area to keep wildlife from eating the seeds. Mr. Be uttell stated that the requirement is to establish vegetation in the restoration area. Mr. Beuttell also stated that seeding is an acceptable form of restoration plantings, however it takes longer to establish vegetation through seeding. Mr. Hamilton stated that to approve the nonconforming trees, the restoration area along the resource area must be increased in size. Mr. Hamilton stated that the Commission will visit the site again to review the requirements again with the homeowner and measure the area in which to expand restoration plantings. 7:30 PM New Public Meetings/Hearings Request for Determination of Applicability: 131 Hartwell Avenue OpenGov Permit# CDOA-25-23 Applicant/Property Owner: Scott Morrison, VHB Project: Confirmation of the jurisdictional resource areas. Documentation Submitted: ⎯ WPA Form 1 – Request for Determination of Applicability; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: 131 Hartwell LLC; Prepared by: Scott Morrison, VHB; Date: 9/15/2025 ⎯ Photographic Log; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: JLB Partners, LLC; Prepared by: VHB; Date: 8/30/2025 ⎯ Wetlands and Buffer Zones; Locus: 131 Hartwell Ave, Lexington, MA; Prepared by: VHB; Date: 9/11/2025 ⎯ Request for Determination of Applicability – Lexington Conservation Commission; Prepared for: 131 Hartwell LLC; Prepared by: VHB; Date: September 2025 Mr. Scott Morrison, VHB, presented an overview of the project and stated that an intermittent stream is located across the street and the buffer zone extends onto the lot. Mr. Morrison stated that they are requesting confirmation that the stormwater basin is not a resource area under the Wetlands Protection Act or Town of Lexington Wetlands Protection Bylaw and that the off-site intermittent stream places a buffer zone along the front of the property. Ms. Mullins suggested review of the bylaw definitions of resource areas and stated that Section 4b. of the bylaw definitions would correlate to the 100-year storm event elevation of the stormwater basin. Mr. Beuttell stated that according to the bylaw, the area in question is jurisdictional. Mr. Morrison stated that VHB can modify the request for the Commission to address the resource area under the state Act and disregard the Byla w until a plan has been created. On a motion by Mr. Beuttell and seconded by Ms. Ladd the Commission voted 6-0 by roll call vote to continue the hearing to 10/14/2025, 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 Request for Determination of Applicability: 62 Middle Street OpenGov Permit# CDOA-25-24 Applicant/Property Owner: Michael Shi Project: Construction of a deck within the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ WPA Form 1 – Request for Determination of Applicability; Locus: 62 Middle Street, Lexington, MA; Prepared for: Cai Jin, homeowner; Pr epared by: Michael Shi, Beaver Construction Management LLC; Date: 9/17/2025 ⎯ 62 Middle St GIS Map; Date: 9/19/2025 ⎯ 62 Middle St Reno – Revision/Setbacks: Sheet A-100, “Proposed Floor Plans”; Locus: 62 Middle St, Lexington, MA; Prepared by: Flow Design Architects; Prepared for: Michael Shi; Date: 5/1/2025; Last Revised: 9/17/2025 ⎯ Certified Plot Plan; Locus: 62 Middle St, Lexington, MA; Prepared for: Jin Cai; Prepared by: Medford Engineering & Survey; Signed and Stamped by: Richard J Mede Jr, PLS No. 36864; Date: 9/15/2025 ⎯ Project Description; Locus: 62 Middle St, Lexington, MA; Prepared for: Michael Shi; Not Dated. Mr. Michael Shi, Beaver Construction Management LLC, presented and stated that the proposed project is the construction of a front deck within th e 100-foot Buffer Zone to Wetlands. Mr. Shi stated that the footings installed will be sonotube footings. Ms. Mullins stated that the site is in between two wetlands which are connected by a pipe. On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted 6-0 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 Continued Public Meetings/Hearings Abbreviated Notice of Resource Area Delineation: 114 Wood Street OpenGov Permit# CORD-25-2, DEP #201-1370 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, 9/9/2025 (no testimony) Supplemental Documentation Submitted: ⎯ Site Constriction Plan 1: Locus: 114 Wood St, Lexington, MA; Prepared for: Seaver Properties LLC; Prepared by: Keenan Survey; Signed and Stamped by: Frederick W. Russell JR., Civil PE No. 36713; Scale: 1” = 50’; Date: 8/26/2025 ⎯ HydroCAD Report; Locus: 114 Wood St, Lexington, MA; Prepared by: Frederick W. Russell, PE; Date: 9/14/2025 ⎯ Isolated Lan Subject to Floo ding Analysis; Locus: “Lost Pond”, 114 Wood St, Lexington, MA; Signed and Stamped by: Frederick W. Russell JR., Civil PE No. 36713; Date: 9/16/2025 Mr. Richard Kirby, LEC Environmental, presented and stated that a revised plan has been provided to show the ILSF boundary and the vernal pool boundary. Mr. Kirby stated that in the previous meeting, the Commission discussed hiring a peer review consultant to review the updated boundaries. Ms. Ladd stated that the 193-elevation line did not continue on the provided plans and asked for clarification on where the line extends to. Mr. Kirby stated he will find out and provide this information to the Commission. Ms. Mullins stated that the peer review would include an engineer as well. Mr. Kirby stated that a revised plan will be provided with an additional flag. 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 10/14/2025, 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 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), 8/26/2025, 9/9/2025 (no testimony) Supplemental Documentation Submitted: ⎯ None *Applicant has requested a continuance without testimony to 10/14/2025 On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission vot ed 6-0 by roll call vote to continue the hearing to 10/14/2025, 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 New Business/Pending Matters, Continued Request for Certificate of Compliance: 52 Hartwell Ave, DEP #201-1320, OpenGov CNOI-24- 12, COC-25-15 Ms. Mullins stated that the project included a connection from MIT into the substation by the compost facility. Ms. Mullins also stated that the wooden fence that had collapsed onsite was removed and the soil onsite was not disturbed. Boulders were placed along the driveway to demarcate this area after the removal of the fence. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue the 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 Request for Certificate of Compliance: 81 Westview St, DEP #201-1080, BL-1037, OpenGov COC-21-33, Full Request Ms. Mullins stated that a Partial Certificate of Compliance was previously issued for this project. Ms. Mullins stated that t he outstanding item at that time was the restoration of the Buffer Zone which has since been restored and the site is in compliance. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 6-0 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: 2 Farm Rd (formerly 4 Lillian Rd), DEP #201 -1306, OpenGov CNOI-23-28, COC-25-16 Ms. Mullins stated that follow up comments are needed for this request. This request will be postponed until the next meeting. Request for Certificate of Compliance: 60 Munroe Rd, DEP #201 -990, BL 947, OpenGov COC- 25-17 Ms. Mullins stated that the house was built eight feet closer to the wetlands than originally approved and the Commission allowed for mitigation through further restoration efforts than originally approved. The Commission will visit this site prior to issu ing a certificate of compliance. Vote to Issue Order of Conditions: 416 Concord Ave, DEP #201 -1355, OpenGov CNOI-25-5 Ms. Mullins asked for the Commission to clarify the bounds required onsite and that bounds to mark the restoration area are necessary. M s. Ladd stated that the bound demarcation should state “restoration area”. On a motion by Ms. Dohan and seconded by Mr. Beuttell, 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 Jason Hnatko – Aye Ruth Ladd – Aye Approve Minutes: 9/9/2025 On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the 9/9/2025 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Schedule site visits: 10/14/2025 Meeting Ms. Mullins stated that there are six new filings and the Commission may need two dates for site visits. The site visits will be scheduled for Tuesday 10/7/2025 starting at 5:00pm and Saturday 10/11/2025 starting at 9:00am. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee The Commission discussed enforcement issues at 3 Turning Mill Road that included an unpermitted driveway installation and extensive regrading. The owner was previously informed that the driveway installation could not occur until filing with the Commission for approval. A driveway permit had not been issued by the Engineering Department either. Ms. Mullins stated that unpermitted clearing has also occurred onsite. Mr. Beuttell stated that the Commission will need to issue an enforcement order. Mr. Hamilton stated that the enforcement order will state the driveway needs to be removed or stormwater mitigation must be provided by December 1, 2025. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue an enforcement order for 3 Turning Mill Road. Record of Vote as Follows: Kevin Beuttell – Aye Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Ms. Mullins provided an update on the High School project. The project team has updated plans that Ms. Mullins, Ms. Ladd and the Town Engineering Department reviewed for comments regarding stormwater calculations and evaluation of these calculations. On a motion by Ms. Ladd 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 Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye 8:52pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 10/14/2025 Archived: 10/15/2025