Loading...
HomeMy WebLinkAbout2025-10-28-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, October 28th, 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), Jason Hnatko, Ruth Ladd, and Thomas Whelan; Not Present: Duke Bitsko Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters Estoppel Certificate for Lexington Senior Housing CR #102, 55 Watertown Street Ms. Mullins stated that the scope of the Estoppel Certificate includes stating the property is in compliance with the Conservation Restriction onsite. Ms. Mullins stated that there is a path along the back of the restricted land that is still being mowed as much as thirty feet wide in some areas and that the owners will need to stop mowing for the Estoppel Certificate to be issued. A response from the Commission is required within thirty days of receiving the request for an Estoppel Certificate and Ms. Mullins will respond to the owners to inform them to cease mowing. Conservation Plan Modification: CPM-25-14, 331 Concord Ave Mr. Nick Dellacava, Allen & Major Associates, presented an overview of the project and stated that modifications to the unit layouts and the courtyards are proposed. Mr. Dellacava stated that the plan changes resulted in a net increase in impervious area by 550 square feet. Ms. Mullins stated that the Engineering Department has provided comments that the updates satisfy engineering requirements. On a motion by Mr. Beuttell and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to approve the plan modification as an insignificant plan change. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Conservation Plan Modification: CPM-25-15, 16 Peachtree Road Mr. Michael Novak, Patriot Engineering, presented and stated that the project includes an addition to the rear of a single-family home, construction of a large pervious paver patio, and a retaining wall onsite. Mr. Novak stated that the modification request includes reshaping the patio and the distance from the wetland has been slightly increased from the original plan. The retaining wall is now proposed to be tiered to allow for backyard access from this side of the house. Mr. Novak also stated that the change also includes a loose stone cover that transitions into lawn as the tree cover would not allow for easy growth of lawn. The tree onsite near the proposed retaining wall will now be removed and the team will propose additional native plantings to mitigate for this tree removal. Mr. Beuttell asked if FENO bounds were proposed in the original plan and if further information can be provided on the additional plantings proposed. Mr. Novak stated that the plantings will not be completed this year and that the team will revisit the planting plan when necessary. Ms. Mullins asked the Commission what they would require for additional plantings to mitigate for the tree to be removed. Ms. Dohan stated that grass will grow through the gravel ground cover and asked to ensure the owner does not use herbicides to treat the grass. Ms. Ladd suggested the FENO bound closest to the fifty-foot buffer zone be relocated to expand the restoration area to allow for further mitigation plantings and suggested oak trees be planted. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to approve the plan modification as an insignificant plan change with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 0 Hartwell Ave, DEP #201-1371, OpenGov CNOI-25-24 On a motion by Mr. Beuttell 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 Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Order of Conditions: 6 Manning St, DEP #201-1374, OpenGov CNOI-25-25 On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 11/10/2025 Meeting Ms. Mullins stated that no site visits are necessary as there are no new filings for the 11/10/2025 meeting. 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: 9 Philip Road (Bowman School Field) OpenGov Permit# CDOA-25-26 Applicant/Property Owner: Town of Lexington Recreation Department Project: Installation of an irrigation system and stone dust walkway within Bordering Land Subject to Flooding (BLSF) and the 100-foot Buffer Zone to Bordering Vegetated Wetlands (BVW) and BLSF and portions of the project within Bordering Land Subject to Flooding. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 9 Philip Rd, Lexington, MA; Prepared for: Peter Coleman, Town of Lexington; Prepared by: Megan Buczynski, Activitas; Date: 9/29/2025  Memorandum; To: Town of Lexington Conservation Commission; From: Megan Buczynski, PE, Activitas; Subject: Request for Determination of Applicability – Project Narrative; Date: 9/29/2025  Town of Lexington Athletic Fields Renovations at Bowman Fields; Locus: 9 Philip Rd, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Activitas; Date: 9/29/2025 Ms. Megan Buczynski, Activitas, presented and stated that the proposal includes the installation of an irrigation line in the infield area at the Bowman Elementary School field along with a walkway from the existing play area towards the wetlands and the existing boardwalk. The proposal includes connecting to the waterline on Philip Road. Ms. Buczynski stated that erosion controls will be installed along the edge of the two-foot-deep trench. Ms. Buczynski also stated that the walkway consists of a stone dust pathway and a possible boardwalk towards the wetlands area to create an accessible trail. Ms. Buczynski stated that hydric soils were found onsite during Ms. Ladd’s site visit with the Engineering Department and the project wetland consultant. Ms. Ladd stated that the hydric soils were found in the middle of the potential future gravel wetlands and connect to discharge into the wetlands previously delineated. Ms. Dohan asked what the purpose of installing irrigation in the wetlands area is and if the pipe’s location is going to be a freeze risk in the winter. Ms. Buczynski stated that DPW has requested irrigation onsite as they maintain the area and find this to be necessary for consistency with watering onsite and that the trench pipe will be blown out in the winter to prevent freezing. Mr. Beuttell asked when the work will be done. The project team is anticipating starting the work this fall and completing it in Spring 2026. Mr. Whelan suggested that the twenty-five-foot wetland boundary be demarcated onsite with a stone dust path to prevent further encroachment into the wetlands. Ms. Mullins stated that a portion of the area in question is within the outfield and is mowed to be maintained as part of the outfield. Ms. Buczynski stated that she will discuss the suggestions with the Recreation Department. On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 6-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 26 Watertown Street OpenGov Permit# CNOI-25-26, DEP #201-1376 Applicant/Property Owner: Eduardo Marfurte, Dalto’s Construction, Inc. Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within the 100-foot buffer zone to Bank of a Pond. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: 26 Watertown St, Lexington, MA; Prepared for: Eduardo Marfurte, Dalto’s Construction, Inc.; Property owner: Thai Nunes; Prepared by: Michael Schmidt, Goddard Consulting, LLC; Date: 10/3/2025  Site Plans; Locus: 26 Watertown St, Lexington, MA; Prepared for: Dalto’s Construction, Inc.; Prepared by: Land Design Collaborative; Stamped and Signed by: Michael J Scott, Civil PE No. 40863; Date: 4/11/2025; Last Revised: 9/10/2025  NOI Cover Letter & Narrative; Locus: 26 Watertown St, Lexington, MA; To: Lexington Conservation Commission; From: Michael A Schmidt and Andrew Thibault, Goddard Consulting; Date: 10/6/2025  Wetland Border Report; Locus: 26 Watertown St, Lexington, MA; Prepared for: Eduardo Marfurte, Dalto’s Construction Inc.; Prepared by: Goddard Consulting LLC; Date: 6/23/2025 Mr. Michael Schmidt, Goddard Consulting, presented and stated that the proposed project includes the demolition of the existing home and construction of a new single-family home. Mr. Schmidt stated that there is a pond offsite and across the street from the lot. A stormwater analysis has not been submitted yet and is being worked on by the project team. Mr. Schmidt stated that grading will occur in association with a retaining wall to be constructed outside of the 100-foot buffer zone to the resource area. 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 11/10/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 40 Earl Street OpenGov Permit# CNOI-25-27, DEP #201-1375 Applicant/Property Owner: Jonathan and Emily Igoe Project: Construction of an addition and a deck to a single-family dwelling and associated site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: 40 Earl St, Lexington, MA; Prepared for: Jonathan & Emily Igoe; Prepared by: Ian Ainslie, Meisner Brem Corp; Date: 10/6/2025  Notice of Intent Packet; Locus: 40 Earl St, Lexington, MA; Prepared for: Jonathan Igoe; Prepared by: Meisner Brem Corporation; Date: 10/6/2025  Notice of Intent Plan; Locus: 40 Earl St, Lexington, MA; Prepared for: Jonathan Igoe; Prepared by: Meisner Brem Corporation; Stamped and Signed by: Ian John Ainslie, Civil PE No. 54919; Date: 10/6/2025  Delineation Report; Locus: 40 Earl St, Lexington, MA; Prepared by: Basbanes Wetland Consulting; Date: 1/18/2024  Drainage Report; Locus: 40 Earl St, Lexington, MA; Prepared for: Jonathan Igoe; Prepared by: Ian John Ainslie, Civil PE No. 54919; Date: 10/6/2025  Representative Site Photos; Locus: 40 Earl St, Lexington, MA; Not Dated  Earl St Drawings; Locus: 40 Earl St, Lexington, MA; Prepared by: John G. Danielson Architects Inc.; Last Revised Date: 6/16/2025  Engineering Comments; Date: 10/27/2025 Mr. Ian Ainslie, Meisner Brem, presented and stated that the project includes the construction of a two-and a half story addition and a deck in the rear of the property. Mr. Ainslie also stated that erosion controls will be installed and the limit of work boundary is within the fifty-foot buffer zone. The Engineering Department has provided comments. Ms. Ladd stated that there is lawn that extends into conservation land and that this will need to be restored to more natural conditions. Ms. Ladd suggested invasive species removal and native shrub plantings onsite and to stop mowing. Mr. Ainslie stated that the site is uplands and the plantings will be selected to ensure survivability in this type of environment. Ms. Emily Igoe, owner of 40 Earl Street, stated that she is amenable to the request of invasive species removal and native plantings. Mr. Hamilton stated that a proposed restoration plan will need to be submitted. Ms. Mullins stated that the Engineering Department has asked for follow-up including a confirmatory test pit. Ms. Mullins stated that staff can share examples of restoration plans with the homeowner. On a motion by Ms. Ladd and seconded by Mr. Whelan the Commission voted 6-0 by roll call vote to continue the hearing to 11/10/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Continued Public Meetings/Hearings Request for Determination of Applicability: 139 Worthen Road OpenGov Permit# CDOA-25-25 Applicant/Property Owner: Tom Havens Project: Overflow drain connection from an onsite stormwater management system into the municipal separate storm sewer system discharging to protected resource areas. Previous Hearing Date: 10/14/2025 Supplemental Documentation Submitted:  Proposed Drain Modification; Locus: 139 Worthen Road, Lexington, MA; Prepared for: Halliday Team; Prepared by; Ronald Tiberi, PE; Signed and Stamped by: Ronald Tiberi, PE No. 34773; Date: 9/17/2025; Revised: 10/17/2025  HydroCAD Report; Locus: 139 Worthen Rd, Lexington, MA; Prepared by: Ronald Tiberi, PE; Date: 10/19/2025  Memorandum; To: Karen Mullins, Conservation, Marissa Martel, Engineering; From: Keven Halliday; Subject: 139 Worthen Road RDA Comment Revisions; Date: 10/20/2025  Engineering Comments; Date: 10/23/2025 On a motion by Ms. Ladd and seconded by Mr. Hnatko the Commission voted 6-0 by roll call vote to continue the hearing to 11/10/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Abbreviated Notice of Resource Area Delineation: 28 Hathaway Road OpenGov Permit# CORD-25-3, DEP #201-1372 Applicant/Property Owner: Rebecca Lespasio Project: Confirmation of the Bordering Vegetated Wetland boundary delineation. Previous Hearing Date: 10/14/2025 Supplemental Documentation Submitted:  Memo; To: Conservation Commission; From; Stamski and McNary, Inc.; Subject: Abbreviated Notice of Resource Area Delineation Plan; Date: 10/16/2025  Abbreviate Notice of Resource Area Delineation Plan; Locus: 28 Hathaway Road, Lexington, MA; Prepared for: Lespasio; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by: Joseph March, PLS No. 36384; Date: 9/22/2025; Revised: 10/14/2025 and 10/16/2025 Mr. Montgomery Nsamba, Stamski & McNary, presented and stated that two flags have been corrected onsite and on the plans, and the associated buffer zones have been adjusted to account for this change. Mr. Nsamba also stated that the approximate flood plain line has been removed from the plans and the applicant is no longer seeking confirmation of that line. On a motion by Mr. Beuttell 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 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 approve the wetland line. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 101 Blossomcrest Road OpenGov Permit# CNOI-25-22, DEP #201-1377 Applicant/Property Owner: Kaustubha Phene and Ujwala Phene Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands. Previous Hearing Date: 10/14/2025 Supplemental Documentation Submitted:  None Mr. Michael Barr, Westview Homes, presented and stated that the Commission identified additional wetland flags during their site visit on 10/25/2025. The plans have been updated with the additional wetland flags. Ms. Dohan stated that a large tree onsite proposed for removal is listed as a locust on the plan, but the tree is a maple. Mr. Barr stated that the surveyor will update the plan to correctly identify the tree. Ms. Ladd stated that the wetland buffer zone lines curve towards the east and should not be left on the plan as it does not accurately depict the line of the wetlands. Mr. Beuttell stated that the delineated wetland flags would carry over for future projects and the associated buffer zones extended lines being updated would not impact the project plans. Ms. Mullins asked if the Commission had discussed the limit of work bounds during the site visit. Ms. Ladd stated that invasive species removal near the edge of the cliff was suggested by the Commission. Mr. Barr stated that the applicant is open to suggestions regarding invasive species management onsite. 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 Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 58 Valleyfield Street OpenGov Permit# CNOI-25-23, DEP #201-1373 Applicant/Property Owner: Richard Deluca Project: Raze and rebuild of a single-family dwelling and associated site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands. Previous Hearing Date: 10/14/2025 Supplemental Documentation Submitted:  Site Plans; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard Deluca; Prepared by: Patriot Engineering; Date: 9/12/2025; Revised: 10/20/2025  Site Plans; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard Deluca; Prepared by: Patriot Engineering; Date: 9/12/2025; Revised: 10/20/2025 and 10/24/2025 Mr. Kyle Cormier, Oxbow Associates, presented and stated that the plan has been revised since the previous meeting. The revisions include the house being relocated to meet setbacks onsite and flags A3 and A4 locations have been corrected. Mr. Cormier also stated that the plans have been updated to include the distance from the limit of work to the perennial stream offsite, Hardy’s Pond Brook. Ms. Dohan asked if the infiltration system could be moved in order to save the large maple on site. Mr. Cormier stated that the roots of the tree may be damaged regardless of where the infiltration system is relocated to due to the extensive root system of the tree. Ms. Ladd stated that the proposed restoration is insufficient and that a complete restoration plan needs to be submitted to provide further information on the proposed restoration and invasive species management. Mr. Cormier asked if the Commission could provide a quantity of restoration plantings to be required. Ms. Ladd stated the quantity would be dependent on the size of the proposed shrubs. Ms. Mullins stated that she can provide example restoration plans and discuss a proposed planting plan with Mr. Cormier prior to the next hearing. Mr. Nicholas DeLuca, DeLuca Builders, stated that the infiltration system would need to remain as proposed to ensure that there is no damage to the building and to meet required setbacks. On a motion by Mr. Hnatko and seconded by Ms. Ladd the Commission voted 6-0 by roll call vote to continue the hearing to 11/10/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 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), 9/30/2025, 10/14/2025 (no testimony) Supplemental Documentation Submitted:  None Ms. Mullins stated that the Town is waiting for the peer review to be conducted and expects comments prior to the next hearing. On a motion by Mr. Whelan and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to continue the hearing to 11/10/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – 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# 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), 9/30/2025 (no testimony), 10/14/2025 (no testimony) Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 11/25/2025 Ms. Ladd asked for a report on the status of this application as it has continued without testimony several times. Ms. Mullins stated that the owner is working with the wetland scientist to develop a plan based on additional surveying that has been completed onsite. 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 11/25/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Mr. Hamilton reported to the Commission that there is an upcoming Town Meeting regarding the High School project. Mr. Hamilton also stated that if the appropriation for the new High School passes, there will be a land swap through Article 97 to change the nature of the recreation land onsite. On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 8:10pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 11/10/2025 Archived: 11/13/2025