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HomeMy WebLinkAbout2025-10-14-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, October 14th, 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, Ruth Ladd (Vice Chair), and Thomas Whelan; Not Present: Duke Bitsko, Philip Hamilton (Chair), and Jason Hnatko Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department Assistant 6:30 PM New Business/Pending Matters *Agenda items were heard out of order. Request for Plan Modification: 11 Kay Tiffany Way, CPM-25-12 Mr. Rob Jackson, homeowner, presented and Mr. Edson Krefta, Krefta Landscaping was also present. Mr. Jackson stated that the originally proposed stone patio is no longer going to be installed and as a result, the plan has been modified to remove the plantings that were proposed as screening for the patio. Mr. Beuttell asked the applicant to clarify which plantings were originally proposed as restoration plantings and where the location of the buffer zones falls in relation to the plantings. Mr. Jackson stated that he no longer wishes to complete some of the proposed plantings. Ms. Mullins stated that the team is proposing to continue with the required restoration and no longer pursue half of the proposed landscaping that was not considered restoration. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to approve the plan modification. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Approve Minutes: 9/30/2025 On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to approve the 9/30/2025 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 20 Cooke Rd, DEP #201-1089, BL #1046 OpenGov COC-21-14, Full Request Mr. Chengwei Su, owner of 20 Cooke Road, was present for this discussion. Ms. Ladd stated that she visited the site with Mr. Su and suggested that the area, from the retaining wall to the natural vegetation in the rear, be re-vegetated as part of the required restoration. Ms. Ladd also stated that demarcation is necessary onsite to prevent future encroachment into the restoration area onsite. Ms. Dohan stated that the seed mix will need to be watered right away and monitored with re- seeding as needed and suggested checking the soil for suitability for planting as soil amendments may be needed. Ms. Mullins asked if the Feno bounds onsite are to remain as is or be removed to address the changed restoration plan. Ms. Mullins stated that the area to the East and West of the property should remain undisturbed to be complying with the Order of Conditions. Mr. Su stated he would like to pursue the restoration plan including reseeding that was originally approved by the Commission. The Commission agrees the original planting plan should be completed. Mr. Whelan suggests raking the soil to help with survivability of the seed mix. Ms. Ladd stated there is a requirement of two years of monitoring for survivability. 7:00 PM New 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. Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 139 Worthen Rd, Lexington, MA; Prepared for: Tom Havens; Prepared by: Keven Halliday; Date: 9/23/2025  Detailed Project Description; To: Karen Mullins and Members of the Conservation Commission; From: Keven Halliday; Date: 9/22/2025  Site Plans; Locus: 139 Worthen Rd, Lexington, MA; Prepared for: Thomas Havens; Prepared by: Peter Nolan & Associates LLC; Date: 8/7/2025  Representative Site Photographs; Not Dated Mr. Tom Havens, co-owner of 139 Worthen Road, presented and Mr. Keven Halliday, contractor, was also present. Mr. Havens stated that the proposal includes installation of a larger infiltration basin to improve drainage onsite and is designed to not have an impact on the drainage on Worthen Road. Mr. Beuttell stated that the Town Engineering Department is questioning the soil type without a confirmatory test pit which is required by the Engineering Department. Mr. Havens stated that a soil analysis was included in the report, but that may be a partial analysis. The hearing must be continued in order to address the Engineering comments. On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – 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. Documentation Submitted:  WPA Form 4A – Abbreviated Notice of Resource Area Delineation; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for: Rebecca Lespasio; Prepared by: Montgomery Nsamba, Stamski & McNary, Inc.; Date: 9/15/2025  Abbreviate Notice of Resource Area Delineation Plan; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for: Lespasio; Prepared by: Stamski and McNary, Inc.; Date: 9/22/2025  Bordering Vegetated Wetland Determination Form; Locus: 28 Hathaway Rd, Lexington, MA; Prepared by: David Crossman – B & C Associates, Inc.; Date: 5/16/2025  Abbreviated Notice of Resource Area Delineation; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for: Rebecca Lespasio; Prepared by: Stamski and McNary, Inc.; Date: 9/23/2025 Mr. Montgomery Nsamba, Stamski & McNary, presented an overview of the delineation done onsite and stated that the applicant is requesting confirmation of the provided resource area delineation. Mr. Nsamba stated that Wetland Flag 4 was revised to Wetland Flag 4R and Wetland Flag 7 was revised to Wetland Flag 7R, as requested during the Commission’s site visit. Ms. Ladd stated that Wetland Flags 4 and 7 should not be connected on the plan as they have been revised in the field. Mr. Nsamba stated that the correction can be made on the plan. Ms. Mullins stated that Flood Zone A and associated elevation should be removed from the plan unless seeking approval by the Commission and providing evidence of how the elevation was determined. Mr. Nsamba stated that they are not seeking approval for this elevation and will remove this from the plans. On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 0 Hartwell Ave OpenGov Permit# CNOI-25-24, DEP #201-1371 Applicant/Property Owner: John Livsey, Town of Lexington Engineering Project: Bridge repair and associated site appurtenances, within Bordering Vegetated Wetlands, Inland Bank, Land Under Water, 200-foot Riverfront Area, and 100-foot Buffer Zone, located at the Kiln Brook Bridge Crossing. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: Public Right-of-Way, 0 Hartwell Ave, Lexington, MA; Prepared by: John Livsey; Prepared for: Town of Lexington; Date: 9/22/2025  Bridge Rehabilitation Hartwell Ave over Kiln Brook; Prepared for: Town of Lexington Department of Public Works; Prepared by: TEC, Inc.; Date: 9/18/2025  Wetland Delineation Report; Locus: Hartwell Ave, Lexington, MA; Prepared for: TEC; Prepared by: Hancock Associates; Date: 3/17/2025  Site Plans & Notes; Locus: Hartwell Ave over Kiln Brook, Lexington, MA; Prepared for: Town of Lexington; Prepared by: TEC; Date: 9/23/2025  Resource Area Impact Plan; Locus: Hartwell Ave, Lexington, MA; Prepared for: Town of Lexington; Prepared by: Kasey Provost, Civil PE No. 58048  Photo Log; Prepared by: TEC The Engineering Corp; Date: 10/17/2024 Ms. Kasey Burke, TEC, presented and stated that the existing bridge needs repair and the proposal includes a twelve-foot access path for contractors to perform repairs. Ms. Burke stated that the contractors may be able to perform the repairs with a crane or other methods as needed. Ms. Burke also stated that a planting plan has been provided in the event that trees or shrubs are removed or damaged through the construction process. Ms. Ladd stated that wetland flags by the access trail are accurate, but the flags for the mean annual high water are inaccurate. Ms. Burke stated that the flags in question are in an area to remain undisturbed. Ms. Ladd stated that the Commission only agrees with the wetland flags in the 100 series. On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – 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. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: 101 Blossomcrest Rd, Lexington, MA; Prepared for: Kaustubha and Ujwala Phene; Prepared by: Mary Trudeau; Date: 9/22/2025  Stormwater Analysis; Locus: 101 Blossomcrest Rd, Lexington, MA; Prepared by: Frederick W. Russell Jr; Date: 9/15/2025  Site Plan; Locus: 101 Blossomcrest Rd, Lexington, MA; Prepared for: Westview Homes; Prepared by: Frederick W. Russell, PE; Date: 9/14/2025  Description of Work; Locus: 101 Blossomcrest Rd, Lexington, MA; Prepared by: Mary Trudeau; Not Dated  Memo; To: Kaustubha and Ujwala Phene; From: Mary Trudeau; Subject: 101 Blossomcrest Road, Lexington, MA: Wetlands Delineation; Date: 9/1/2025 Ms. Mary Trudeau, Wetlands Consultant, presented and stated that the wetlands are located offsite on Town-owned land and the buffer zone extends onto the property. Ms. Trudeau stated that the existing house is currently located within the 50-foot buffer zone, and the proposed house will be located outside of the 50-foot buffer zone. The proposed plan will result in a 300 square foot increase of impervious surface. Ms. Ladd noted that the Commission has not been able to visit the site with a representative yet. Ms. Trudeau stated that a representative from Westview Homes would be available to meet the Commission on site on her behalf as she is unavailable at the scheduled site visit dates. Ms. Ladd stated that the wetland line appears to be abbreviated. Ms. Trudeau stated that the terrain of the wetlands area is dangerous and steep and that the wetlands line does not get closer to the existing house. The Town GIS topography will be added to the plan. On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye New Public Meetings/Hearings, Continued 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. Documentation Submitted:  Notice of Intent; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard Deluca; Prepared by: Oxbow Associates, Inc.; Date: 9/23/2025  WPA Form 3 – Notice of Intent; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard Deluca; Prepared by: Kyle Cormier, Oxbow Associates, Inc.; Date: 9/10/2025  Site Plans; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard Deluca; Prepared by: Patriot Engineering; Date: 9/12/2025  Stormwater Analysis and Calculations; Locus: 58 Valleyfield St, Lexington, MA; Prepared by: Patriot Engineering; Date: 9/12/2025  Representative Site Photos; Locus: 58 Valleyfield St, Lexington, MA; Prepared by: Oxbow Associates, Inc.; Not Dated  Engineering Comments; Date: 10/10/2025 Mr. Kyle Cormier, Oxbow Associates, presented and stated that there is a Bordering Vegetated Wetland (BVW) at the rear of the site and another BVW across the street from the property. Mr. Cormier stated that the proposal includes the raze and rebuild of a single-family house and installation of an infiltration system. The proposal also includes the removal of two sheds, one shed within the wetlands and one within the 25-foot buffer zone. The path leading to the shed within the wetlands is proposed to be restored with native plantings. Mr. Cormier stated that an updated plan will be submitted prior to the next hearing to address flags that were revised during the site visit and to address setbacks to the paper street next to the lot. Ms. Dohan asked what trees would be proposed in the planting plan. Ms. Ladd asked if there will be invasive species removal proposed in the planting plan. Ms. Mullins asked if the full survey plan can be submitted to the record to depict where the Riverfront Area is onsite and to include where the shed to be removed within the wetlands is located. Mr. Cormier asked if approximated Riverfront Area line could be included, since it was not delineated because it is over three hundred feet away and offsite. Ms. Ladd stated that a plan with the entirety of the lot with the Riverfront Area will need to be included in the record. Mr. Beuttell suggested oak trees in the proposed planting plan to mitigate for the large trees to be removed. Mr. Whelan stated that the wetland area for mitigation is quite wet and a white oak or red maple may survive better in this soil. On a motion by Ms. Dohan and seconded by Mr. Beuttell the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 6 Manning Street OpenGov Permit# CNOI-25-25, DEP #201-1374 Applicant/Property Owner: Scott Seaver, Seaver Construction Project: Raze and rebuild of 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: 6 Manning St, Lexington, MA; Prepared for: Scott Seaver, Seaver Properties LLC; Prepared by: Mary Trudeau; Date: 9/22/2025  Proposed Plot Plan; Locus: 6 Manning St, Lexington, MA; Prepared by: Keenan Survey; Date: 9/22/2025  Stormwater Analysis; Locus: 6 Manning St, Lexington, MA; Prepared for: Scott Seaver; Prepared by: Frederick W. Russell, Jr.; Date: 9/25/2025  Site Plan; Locus: 6 Manning St, Lexington, MA; Prepared for: Seaver Construction; Prepared by: Frederick W. Russell, PE; Date: 9/25/2025  Description of Work; Locus: 6 Manning St, Lexington, MA; Prepared by: Mary Trudeau; Not Dated  Memo: To: Scott Seaver, Seaver Construction; From: Mary Trudeau; Subject: 6 Manning Street, Lexington, MA: Wetlands Delineation; Date: 9/20/2025  Engineering Comments; Date: 10/10/2025 Ms. Mary Trudeau, Wetlands Consultant, presented and stated that the lot is surrounded by a stockade fence which separates the dwelling from the wetlands to the South of the property. Ms. Trudeau stated that the proposal will result in one square foot of impervious surface within the buffer zone after the removal of the shed onsite. Ms. Trudeau also stated that erosion control measures and tree protection are already installed on site. Ms. Ladd asked if any of the abutting lots have had previous delineations of this wetland. Ms. Trudeau stated that 8 Manning Street has previously had a delineation which is roughly fifteen years old. Ms. Trudeau stated that the abutting properties previous delineation had a similar line to the delineation done more recently for 6 Manning Street. A positive engineering report has been submitted. On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Continued 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. Previous Hearing Date: 9/30/2025 Supplemental Documentation Submitted:  None Mr. Scott Morrison, VHB, presented and stated that in the previous hearing it was determined that the constructed stormwater basin is not a resource area under the Wetlands Protection Act. Mr. Morrisson provided language to be used to regarding jurisdiction of the site under the bylaw. The project team is seeking the Commission’s confirmation that the stormwater basin is not a resource area under the Act and that a small area within the southern portion of the lot is within the buffer zone of an off-site stream and any work within this area will require a filing with the Commission, a Notice of Intent or Request for Determination will be required for modifications to the stormwater basin, and that any connections to the storm drain system within Hartwell Avenue will require a filing with the Commission. Ms. Mullins presented the WPA Form 2 – Request for Determination of Applicability. Mr. Morrison stated that findings must be included in the form to complete this determination. Mr. Morrison stated they are seeking clarification that the lot will be held to all stormwater standards when work is done on site. On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted 4-0 by roll call vote to issue a positive determination under the Lexington Bylaw and issue a negative determination under the Wetlands Protection Act. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – 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 Supplemental Documentation Submitted:  None Ms. Mullins stated that she has reached out to a firm for an estimate on a peer review. Ms. Trudeau stated that the applicant will be requesting a continuance. On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – 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) Supplemental Documentation Submitted:  None *Applicant has requested a continuance without testimony to 10/28/2025 On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 4-0 by roll call vote to continue the hearing to 10/28/2025, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye New Business/Pending Matters, Continued Request for Plan Modification: 22 Constitution Rd, CPM-25-13, Driveway Modification Ms. Mullins stated that the plan modification includes changing the driveway to all porous surface instead of the originally proposed paved driveway. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to approve the plan modification. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 60 Munroe Rd, DEP #201-990, BL 947, OpenGov COC- 25-17 Ms. Ladd stated that she has visited the site and that the Commission has not yet received the required monitoring reports for this request. Request for Certificate of Compliance: 231 Bedford St., DEP #201-257, OpenGov COC-25-18 Ms. Ladd stated that a revised plan is required for this request. Ms. Martha Sevigny, representative of the owner, stated that the surveyor has been asked to revise the plans according to the Commission’s requests. Ms. Mullins presented the provided site plan and stated that the approved 1987 site plan has been overlaid on the current site plan. Ms. Sevigny stated that the portion of the lot that was previously paved without approval has been excavated and replaced with crushed stone. Ms. Mullins stated that the overlay of the site plan should be updated to show which areas are paved and which are not. Ms. Mullins stated that the 100-foot buffer zone appears to fall on the rear of the building. Ms. Mullins stated that the original plan approved of a swale which would now be in the wetlands, and it is unclear if this had previously been installed. Ms. Sevigny stated that the area behind the building that was previously grass would have the pavement removed and replaced with crushed stone. The Commission agreed that the last item for compliance would be the removal of the pavement in the original small grassy patch behind the building and the replacement of this with crushed stone. Request for Certificate of Compliance: 4 Tidd Cir, DEP #201-1154, OpenGov CNOI-19-16, COC-25-19 Ms. Mullins stated that she will need to visit the site to ensure compliance prior to the issuance of the Certificate of Compliance. Mr. David Sperduto, Wetlands Identification, stated that the Order of Conditions was issued in 2020 for the regarding of the lawn and construction of a retaining wall and fence. Mr. Sperduto also stated that the permeable paver was installed five years ago and provided a detailed report of the work done on site. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 10/28/2025 Meeting The site visits will be scheduled for Saturday 10/25/2025 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 updates on enforcement matters. Ms. Mullins stated that a stop work order was issued to 117 Vine Street for unpermitted activity onsite including digging, piles of fill, and expansion of pavers onsite. Ms. Mullins stated that Japanese knotweed removal occurred within the buffer zone and it was replaced with non-native plantings. The removed vegetation was tossed into the wetlands. Ms. Mullins stated that the Commission needs to decide if they will issue an enforcement order for 3 Turning Mill Road for the unpermitted activity on site. Ms. Ladd asked what was discussed in the previous meeting regarding this enforcement. Ms. Downer stated that the Commission agreed on a December 1st, 2025, deadline for either the driveway to be removed or stormwater mitigation be provided. Ms. Mullins stated that she will send out the enforcement order. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 4-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Ruth Ladd – Aye Tom Whelan – Aye 9:00pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 11/25/2025 Archived: 12/11/2025